CITIES AND MUNICIPALITIES - LIBRARIES - EFFECT OF COUNTY HOME RULE STATUTE. Lyndus A. Henry, Johnson County Counselor, Olathe, September 2, 1983.


The county home rule statue, K.S.A. 1982 Supp. 19-101a, as amended, authorizes counties to transact all county business and to enact local legislation except that counties are subject to acts of the legislature which apply uniformly to all counties. If there are no statures uniformly applicable, counties may enact local legislation not contrary to state statutes by ordinary resolution. In proposed local legislation conflicts with or is contrary to nonuniform state legislation the county must act through charter resolution.

The state statutes concerning the Mental Health and Mental Retardation Boards and the Library Board are uniform in application to counties and cannot be modified by the county through the exercise of home rule powers. Cited herein: 12-1219, 12-1222, 12-1225, 12-1901 et seq., K.S.A. 1982, Supp. 19-101a, as amended by L. 1983, chs. 91 and 92, K.S.A. 19-101b, 19-101c, 19-2859, 19-2861, 19-2862, 19-2863, 19-2867, 19-2868, as amended by L. 1983, ch. 101, K.S.A. 19-4001, 19-4002(a), 19-4003, 19-4009.

- Summary quoted from "Opinions of the Attorney General, Opinions of Robert T. Stephan, Attorney General", Volume XVII, State of Kansas, 1983.


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