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Arguments Against Uniformity

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B. The City’s arguments regarding uniformity rest on misconceptions about home rule. The City also argues that the conflict between the Wichita Marijuana Ordinance and certain provisions of state law is permissible because the state statutes at issue are non-uniform. But the City’s arguments rest on a mistaken understanding about the meaning of uniformity and the nature of home rule generally. In exercising home rule authority, a City may encounter one of four situations. First, the Legislature may have adopted a uniform state law that manifests a clear intent to preempt cities from legislating on the subject. An example of clear legislative preemption is K.S.A. 2-2480, which provides that “[n]o local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas pesticide law unless expressly authorized by law to do so.” In such a situation, cities are prohibited from legislating at all, even from adopting ordinances that duplicate or supplement state law. Second, the Legislature may have adopted a uniform state law with no …show more content…
21-5717 also overlooks the fact that uniformity is determined by looking at the entire enactment, not just the particular statute (or statutory subsection) at issue. Id. at 518. If the statutes not included in K.S.A. 21-5717 were non-uniform, as the City claims, then the statutes that are listed would be part of non-uniform enactments and cities could charter out of them, contrary to legislative intent. For example, it simply cannot be the case that subsections (a) and (b) of K.S.A. 21-2501a are non-uniform but that subsection (c), which is listed in K.S.A. 21-5717, is part of a uniform enactment. The fact that the Legislature identified certain provisions as uniform indicates that the Legislature intended the enactments of which those provisions are a part also to be uniform, not vice

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