Session of 2000
By Representative Hermes

10             AN  ACT concerning cities and counties; relating to planning and zoning;
11             amending K.S.A. 12-744 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 12-744 is hereby amended to read as follows: 12-
15       744. (a) The governing body of any city, by adoption of an ordinance, may
16       create a planning commission for such city and. The board of county
17       commissioners of any county, by adoption of a resolution, may create a
18       planning commission for the county. Any such planning commission shall
19       be composed of not less than five members. The number of members of
20       a planning commission may be determined by ordinance or resolution. If
21       a city planning commission plans, zones or administers subdivision reg-
22       ulations outside the city limits, at least two members of such commission
23       shall reside outside of but within three miles of the corporate limits of
24       the city. A majority of the members of a county planning commission
25       shall reside outside the corporate limits of any incorporated city in the
26       county. A county, metropolitan or regional planning commission may
27       serve as the planning commission for a city.
28             (b) The governing body shall provide by ordinance or resolution for
29       the term of the members of the planning commission and for the filling
30       of vacancies. Members of the commission shall serve without compen-
31       sation. The governing body may reimburse members of the planning com-
32       mission for actual and necessary expenses as determined by the governing
33       body. The governing body may pay compensation to members of the plan-
34       ning commission. The governing body may adopt rules and regulations
35       providing for removal of members of the planning commission.
36             (c) Any two or more cities or counties of this state may cooperate,
37       pursuant to written agreement, in the exercise and performance of plan-
38       ning powers, duties and functions. Any city or county of this state may
39       cooperate, pursuant to written agreement, with any city or county of any
40       other state having adjoining planning jurisdiction in the exercise and per-
41       formance of any planning powers, duties and functions provided by state
42       law for cities and counties of this state and to the extent that the laws of
43       such other state permit such joint cooperation. Any agreement entered


  1       pursuant to this subsection shall be subject to the provisions of K.S.A.
  2       12-2901 et seq., and amendments thereto. If such agreement provides
  3       for the adoption of a comprehensive plan, the agreement shall include a
  4       provision concerning the approval of the comprehensive plan which is
  5       consistent with the provisions of K.S.A. 12-747, and amendments thereto.
  6             When two or more of such cities or counties, by ordinance of each city
  7       and by resolutions of the boards of county commissioners enter into
  8       agreements providing for such joint planning cooperation, there may be
  9       established a joint planning commission for the metropolitan area or re-
10       gion comprising that portion of the areas of planning jurisdiction of the
11       cities or counties cooperating jointly as shall be designated by the joint
12       ordinances and resolutions. Such a joint planning commission for the
13       metropolitan area or region may be empowered to carry into effect such
14       provisions of state law relating to planning which are authorized for such
15       joining cities or counties and which each may under existing laws sepa-
16       rately may exercise and perform.
17             Any city or county, whenever the governing body of the city or the
18       board of commissioners of the county deems necessary, may join and
19       cooperate in two or more metropolitan area or regional planning com-
20       missions. Any regional or metropolitan planning commission in existence
21       on the effective date of this act shall continue in existence, but shall be
22       governed by the provisions of this act.
23             (d) The provisions of this section shall become effective on and after
24       January 1, 1992. 
25       Sec.  2. K.S.A. 12-744 is hereby repealed.
26        Sec.  3. This act shall take effect and be in force from and after its
27       publication in the statute book.