Memorandum

City of Lawrence

City Attorney’s Office

TO:	Thomas M. Markus, City Manager Diane Stoddard, Assistant City Manager Casey Toomay, Assistant City Manager Brandon McGuire, Assistant to the City Manager
FROM:	City Attorney’s Office
DATE:	June 7, 2016
RE:	City of Lawrence Code Amendments Based Upon State Legislation

Background:

Staff has prepared ordinances for the Commission’s consideration to make various city code provisions consistent with recently adopted state legislation.  A summary of the legislation and ordinances is provided below. 

House Bill No. 2446 amends provisions in the State Insurance Code related to the payment of proceeds of certain insurance policies. Under current law, cities are permitted, by adoption of an ordinance, to establish procedures for the payment of an amount not to exceed 15% of the proceeds of a policy based on the covered claim for damage or loss to a building or other structure caused by or arising out of a fire, explosion or windstorm. The bill removes requirements that the damage be caused by fire, explosion or windstorm and permits cities to request payment of insurance proceeds as long as the loss is a covered claim. The City has adopted such procedures in Chapter 8, Article 3 of the City Code. 

The attached Ordinance No. 9255 updates the Lawrence City Code to mirror the legislative changes.

Senate Bill No. 133 amends the state law governing the possession, consumption, purchase, attempt to obtain or purchase alcohol or obtaining or purchasing alcohol by persons under 21 years of age. Specifically, this bill provides immunity from prosecution to a person under 21 if that person contacted law enforcement or emergency medical services to request medical assistance on the person’s behalf or someone else’s, and cooperated with law enforcement and emergency medical services personnel. The bill further prohibits a person from bringing an action against law enforcement for an officer’s compliance or failure to comply with this new provision.

The attached Ordinance No. 9258 updates the Lawrence City Code to mirror this legislative change.

House Bill No. 2462 reduces the penalties for possession of marijuana for a first or second conviction. Under the new language, a first-time conviction for marijuana possession carries with it a fine no greater than $1,000 and jail time of no more than 180 days. Upon a second conviction, the maximum penalty is $2,500 and one year in jail. A third offense is a felony, and is not prosecutable in municipal court.

The attached Ordinance No. 9257 updates the Lawrence City Code to mirror this legislative change.

House Bill No. 2462 also amends language regarding the crime of theft, by increasing the value of property stolen for a misdemeanor offense. In other words, under the new law municipal court has jurisdiction over more theft cases, since misdemeanor theft now means property valued at $1,500 or less, rather than $1,000. The bill also states that a person having two or more theft convictions within the previous 5 years can be charged with felony theft on a third offense, which changes previous law that did not set a time limit on previous convictions. Finally, the state statute for theft, K.S.A. 21-5801 states that it is a crime to dispense motor fuel without paying for it. This language is now included in the proposed ordinance.

Review of House Bill 2462 provided staff with an opportunity to also review existing ordinances closely related to theft, including Sections 14-305, 14-306, 14-307, and 14-308 of the City Code, and to make appropriate changes consistent with state law.

The attached Ordinance No. 9256 updates the Lawrence City Code to mirror this legislative change and update related ordinances.

Senate Bill No. 99 amends various sections of the Kansas Statutes Annotated, dealing with maximum lengths and weights of automobiles and other motor vehicles using the public highways.

The attached Ordinance No. 9259 amends certain sections of Chapter 17, Article 9 of the City Code correspondingly to mirror the legislative changes.

House Bill No. 2558 amends certain election laws, but also includes a new section that provides that no city shall regulate or prohibit canvassing, soliciting, or otherwise approaching private residences for the purposes of distributing campaign literature or campaigning for a candidate for elected office. Currently, in Chapter 14, Article 1, which is the City’s Anti-Litter Ordinance, the City regulates and, in certain circumstances, prohibits the delivery and distribution of commercial and non-commercial handbills to uninhabited premises, to premises that have posted “No Trespassing,”  “No Solicitors,” or other similar signs, and to inhabited private premises. Under the new law, the City can no longer regulate or prohibit such delivery and distribution of non-commercial handbills.

The attached Ordinance No. 9260 amends the City Code to remove the regulation and prohibition of non-commercial handbills to comply with House Bill No. 2558. The regulations and prohibitions would still apply to commercial handbills (Additionally, Chapter 6, Article 8 regulates activities of peddlers, solicitors, and transient merchants).

S.SubHB2131 - This bill concerns the siting of wireless telecommunications infrastructure and the permit application process for service providers and municipalities.  It finds and declares that access to broadband and other advanced technology and information is critical to Kansans, and that wireless facilities are critical to the state’s economy.  The bill further finds that the facilities are “matters of statewide concern and interest.”  The bill addresses the application process and fees for siting wireless facilities, establishes restrictions on what information can and cannot be required during the application process, and sets limitations on the length of time an authority can review an application, among other changes.  The state legislative changes become effective October 1, 2016.  The Planning and Development Services Department staff will bring amendments to the development code for the Commission’s consideration later in the summer to bring the City Code into compliance with S.SubHB2131.

SB 366 - This bill compiled four separate bills, and was passed late in the 2016 Legislative Session.  One section of the bill relates to local residential rental licensing programs.  Staff continues to review the bill to determine the impacts, if any, on the City’s Rental Licensing Code Provisions.  More information on this legislation will be provided at a later date. 

City operations may be impacted by other legislation.  Staff continues to analyze bills and make recommendations, as appropriate.  The legislation highlighted in this memorandum focuses on legislation that affects City Code provisions.  It is desirable for the City Commission to take action on the proposed ordinances so the local code changes can be achieved by July 1st. 

Action Requested:

Adopt Ordinance No. 9255 regarding the insurance proceeds fund.

Adopt Ordinance No. 9256 regarding the crime of theft.

Adopt Ordinance No. 9257 regarding possession of marijuana.

Adopt Ordinance No. 9258 regarding minors in possession of alcohol.

Adopt Ordinance No. 9259 regarding vehicle lengths and weight limits.

Adopt Ordinance No. 9260 regarding elections and regulation of certain campaign activities.