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CITY COMMISSION AGENDA ITEM |
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Department: |
City Attorney’s Office |
Commission Meeting Date: February 12, 2019 |
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Staff Contact: |
R. Scott Wagner, Management Analyst |
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Recommendations/Options/Action Requested: |
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Approve submission of testimony in support of Senate Bill 105. Approve submission of testimony in support of House Bill 2135. |
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Executive Summary: |
Staff is requesting input from the Governing Body on two bills that have hearings this week in the Kansas House and Senate. Support of both bills would strengthen Home Rule Authority which is supported by the City’s Legislative Priority Statement. 1. In 2015, the Kansas Legislature mandated changes to municipal elections from April to November. The legislature also dictated when new terms would start – the second Monday in January following the general election. The City codified these changes with Ordinance 9233. Senate Bill 105 would allow cities to establish new terms of office after December 1 following the official certification of election results and no later than the second Monday in January. Staff is recommending support of this legislation. If legislation passes, staff would draft an appropriate ordinance changing the city code to move terms of office to after December 1. 2. House Bill 2135 repeals K.S.A. 2018 Supp. 25-2711. In 2015, the legislature passed a bill that prohibits cities from regulating or prohibiting the number of political signs on private property or the right-of-way 45 days before any election and the two days that follow. In 2015, the United States Supreme Court ruling in Reed v Town of Gilbert, Ariz., 135 S. Ct. 2218, likely rendered this legislation unconstitutional as cities would have to implement sign code regulations based on the content of the signage. The City of Lawrence updated its sign code in light of the Reed decision in 2017. The League of Kansas Municipalities is requesting cities submit testimony in support of repeal. |
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Strategic Plan Critical Success Factor |
Effective Governance/Professional Administration
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Fiscal Impact (Amount/Source): |
There is no fiscal impact to the City. |
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Attachments: |
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(for CMO use only) |
☒TM ☐DS ☐CT ☐BM |