HCS/SB 676 - This act contains provisions relating to political subdivisions, small wireless facilities, Department of Transportation vehicles, and limited liability companies, and circuit court judges.
LAWS LIMITED BY POPULATION - 1.100
Under current law, any law limited in its operation to political subdivisions having a specified population or assessed valuation is deemed to include all political subdivisions that thereafter acquire the specified population or assessed valuation and those in the category at the time the law passed. This act provides that once a political subdivision comes under operation of a law, a subsequent loss of population does not remove the political subdivision from operation of the law.
This provision is similar to HCS SCS SB 800 (2016), HB 2258 (2016), and SB 949 (2016).
COUNTY BUDGET DECREASE - 50.622
Under current law, a provision allowing counties to decrease their annual budgets expires on July 1, 2016. This act extends the expiration date to July 1, 2026.
This act is similar to HCS/HB 1817 (2016) and identical to SCS/SB 326 (2015).
INSTALLATION OF FIRE SPRINKLERS - 67.281
Currently, builders of one and two family dwellings must offer to install fire sprinklers in the home. This provision has an expiration of December 31, 2024. This act removes the expiration date.
This provision is identical to the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016).
SMALL WIRELESS FACILITIES DEPLOYMENT ACT - 67.5300 to 67.5320
Under this act, a state, county, or municipal zoning or building permit authority must not prohibit, regulate, or charge for the collocation of small wireless facilities or small wireless facility networks. This act defines "small wireless facility" and "small wireless facility network".
In addition, this act provides that small wireless facilities and small wireless facility networks must be classified as permitted uses, and not subject to zoning, land use, or other similar requirements including height, setbacks, or any standards of a special or conditional use in all public rights-of-way and property of the zoning or building permit authority and other property not zoned exclusively for single-family residential use.
Building permits, encroachment permits to work within public rights-of-way, and other permits for the collocation of small wireless facilities and small wireless facility networks may be required if such permits are of general applicability to all users of any right-of-way. This act specifies requirements for how the zoning or building permit authority must issue such permits.
Under this act, a communications facilities provider, communications service provider, or licensed contractor of either type of provider may collocate small wireless facilities and small wireless facility networks on public utility poles located within public rights-of-way, subject to reasonable rates, terms, and conditions. This act specifies procedures regarding utility pole collocation requests, and the installation and operation of small wireless facilities and small wireless facility networks on public utility poles.
This act also requires a zoning or building permit authority to authorize the collocation of small wireless facilities and small wireless facility networks on its structures not located within public rights-of-way to the same extent the zoning or building permit authority allows access to its structures for other commercial projects or uses, and the authority may allow collocations if the authority has not previously permitted access to a structure. This act specifies how the rate for the collocation must be charged.
Under this act, no zoning or building permit authority may have or exercise zoning or siting jurisdiction, authority, or control over the collocation of a small wireless facility located in an interior structure or upon the site of any campus stadium or athletic facility.
This act provides that a communications service provider, a communications facilities provider, or a contractor of either type of provider must have, subject to the receipt of all permits and approvals, the right to construct, maintain, and operate conduits, poles, cables, wireless facilities, and related facilities along, across, upon, under, and over any public street, road, highway, or right-of-way.
A municipality or county of the first or second classification may charge fees to recover its right-of-way management costs. Such fees shall be based on the political subdivision's actual costs and not based on criteria such as the applicant's revenues, number of access lines, or number of customers.
Under this act, the authorization to regulate small wireless facilities and small wireless facility networks is declared to be an exclusive power and function of the state and shall not be exercised concurrently by any zoning or building permit authority except as permitted by this act.
KANSAS CITY LIEUTENANT COLONEL - 84.514
This act allows the chief of police for the Kansas City Police Department to appoint a lieutenant colonel who will be responsible for matters relating to homeland security.
This provision is identical to SB 1066 (2016) and HB 2463 (2016).
COUNTY HEALTH ORDINANCES - 192.300
Under current law, both county commissions and county health center boards may make and establish orders, ordinances, rules or regulations under certain circumstances, but cannot conflict with any rules or regulations of the Department of Health and Senior Services or the Department of Social Services. This act requires the county commission and the county health center board to be in concurrence when establishing health orders, ordinances, rules or regulations, except in the case of an emergency.
This provision is identical to SCS/HCS/HB 1912 (2016), HCS/SS/SB 937 (2016), HCS/HBs 2188, 1533, 1393, 2114, & 2113 (2016), HCS/HB 1823 (2016), SB 553 (2015) & HB 999 (2015) and similar to provisions in HCS/SB 506 (2014), HCS/HB 1728 (2014), HCS/HB 880 (2013), & HCS/SB 342 (2013).
DEPARTMENT OF TRANSPORTATION VEHICLES - 304.022 & 307.175
This act adds motor vehicles and equipment owned by contractors that are performing work for the Department of Transportation that are stationary in a work zone when highway workers are present to the list of vehicles that are permitted to use flashing blue or red lights. Further, this act adds stationary vehicles owned by a contractor performing work for the Department of Transportation to the list requiring specific safety procedures for drivers approaching such stationary vehicles.
This provision is similar to the truly agreed to and finally passed SS/HB 1733 (2016), SB 1071 (2016), the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016), and the perfected HCS/HB 1449 (2016).
KANSAS CITY LLCS - 347.048
Currently, limited liability companies in Kansas City that own or rent real property or own unoccupied property within the city are required to file an affidavit with the city clerk specifying the name and address of a person with management control or responsibility for the real property. This act requires that the filing shall include a street address and the person shall be a natural person.
The limited liability company shall file a successor affidavit within 30 days of a change in the natural person with management control or responsibility for the real property. The city cannot charge a fee for the filing of the affidavit or successor affidavit. If a limited liability company fails or refuses to file the affidavit, any person adversely affected by the failure or refusal, or the city, may petition the circuit court in the county where the property is located to direct the completion and filing of the affidavit.
This provision is identical to SB 693 (2016), HB 1708 (2016), the truly agreed to and finally passed CCS/HCS/SB 867 (2016), HCS/SB 869 (2016), SCS/SB 335 (2015), the perfected version of HCS/HB 864 (2015) and a provision in HCS/HB 1154 (2015). This act is similar to HB 895 (2015).
26TH JUDICIAL CIRCUIT - 478.705
This act also adds a circuit court judge to the Twenty-Sixth Judicial Circuit. The judge shall be elected in 2020, and until such time the Governor shall appoint someone to serve as judge.
This provision is identical to provisions in the truly agreed to and finally passed CCS/HCS/SCS/SB 578 (2016) and HCS/SS/SCS/SB 663 (2016) and is similar to a provision in SCS/HCS/HB 1759 (2016).
HA 1 - REMOVES THE SMALL WIRELESS FACILITIES DEPLOYMENT ACT FROM THE BILL.
HA 2 - PROVIDES THAT, SUBJECT TO APPROPRIATIONS, EACH PUBLIC ADMINISTRATOR MUST BE PROVIDED WITH ONE FULL-TIME STAFF PERSON FOR EACH INCREMENT OF FIFTY CASES.
HA 3 - ALLOWS THE CITY OF PECULIAR TO IMPOSE A PUBLIC SAFETY SALES TAX.
HA 4 - EXTENDS THE EXPIRATION DATE ON A PROVISION ALLOWING COUNTIES TO DECREASE THEIR ANNUAL BUDGETS TO JULY 1, 2027.
HA 5 - ALLOWS TANEY COUNTY TO ENACT NUISANCE ABATEMENT ORDINANCES.