Authorizing counties to adopt resolutions to regulate activities on or within navigable rivers and adding navigable rivers to the crime of criminal trespass.

Session of 2026
HOUSE BILL No. 2495
By Committee on Local Government
Requested by Representative Lewis
1-21
AN ACT concerning water; relating to counties; authorizing counties to
adopt resolutions to regulate activities on or within navigable rivers;
relating to crimes involving property; adding navigable rivers to the
crime of criminal trespass; amending K.S.A. 21-5808 and K.S.A. 2025
Supp. 19-101a and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 19-101a is hereby amended to read as
follows: 19-101a. (a) The board of county commissioners may transact all
county business and perform all powers of local legislation and
administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature which that
apply uniformly to all counties.
(2) Counties may not affect the courts located therein.
(3) Counties shall be subject to acts of the legislature prescribing
limits of indebtedness.
(4) In the exercise of powers of local legislation and administration
authorized under provisions of this section, the home rule power conferred
on cities to determine their local affairs and government shall not be
superseded or impaired without the consent of the governing body of each
city within a county which that may be affected.
(5) Counties may not legislate on social welfare administered under
state law enacted pursuant to or in conformity with public law No. 271 –
74th congress, or amendments thereof.
(6) Counties shall be subject to all acts of the legislature concerning
elections, election commissioners and officers and their duties as such
officers and the election of county officers.
(7) Counties shall be subject to the limitations and prohibitions
imposed under K.S.A. 12-187 through 12-195, and amendments thereto,
prescribing limitations upon the levy of retailers' sales taxes by counties.
(8) Counties may not exempt from or effect changes in statutes made
nonuniform in application solely by reason of authorizing exceptions for
counties having adopted a charter for county government.
(9) No county may levy ad valorem taxes under the authority of this
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
HB 2495 2
section upon real property located within any redevelopment project area
established under the authority of K.S.A. 12-1772, and amendments
thereto, unless the resolution authorizing the same specifically authorized
a portion of the proceeds of such levy to be used to pay the principal of
and interest upon bonds issued by a city under the authority of K.S.A. 12-
1774, and amendments thereto.
(10) Counties shall have no power under this section to exempt from
any statute authorizing or requiring the levy of taxes and providing
substitute and additional provisions on the same subject, unless the
resolution authorizing the same specifically provides for a portion of the
proceeds of such levy to be used to pay a portion of the principal and
interest on bonds issued by cities under the authority of K.S.A. 12-1774,
and amendments thereto.
(11) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-4601 through 19-4625, and amendments thereto.
(12) Except as otherwise specifically authorized by K.S.A. 12-1,101
through 12-1,109, and amendments thereto, counties may not levy and
collect taxes on incomes from whatever source derived.
(13) Counties may not exempt from or effect changes in K.S.A. 19-
430, and amendments thereto.
(14) Counties may not exempt from or effect changes in K.S.A. 19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.
(15) Counties may not exempt from or effect changes in K.S.A. 19-
15,139, 19-15,140 and 19-15,141, and amendments thereto.
(16) Counties may not exempt from or effect changes in the
provisions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c
and, 12-1226, 12-1260 through 12-1270 and 12-1276, and amendments
thereto, or the provisions of K.S.A. 12-1260 through 12-1270 and 12-
1276, and amendments thereto.
(17) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-211, and amendments thereto.
(18) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto.
(19) Counties may not regulate the production or drilling of any oil or
gas well in any manner which that would result in the duplication of
regulation by the state corporation commission and the Kansas department
of health and environment pursuant to chapter 55 and chapter 65 of the
Kansas Statutes Annotated, and amendments thereto, and any rules and
regulations adopted pursuant thereto. Counties may not require any license
or permit for the drilling or production of oil and gas wells. Counties may
not impose any fee or charge for the drilling or production of any oil or gas
well.
(20) Counties may not exempt from or effect changes in K.S.A. 79-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2495 3
41a04, and amendments thereto.
(21) Counties may not exempt from or effect changes in K.S.A. 79-
1611, and amendments thereto.
(22) Counties may not exempt from or effect changes in K.S.A. 79-
1494, and amendments thereto.
(23) Counties may not exempt from or effect changes in K.S.A. 19-
202(b), and amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A. 19-
204(b), and amendments thereto.
(25) Counties may not levy or impose an excise, severance or any
other tax in the nature of an excise tax upon the physical severance and
production of any mineral or other material from the earth or water.
(26) Counties may not exempt from or effect changes in K.S.A. 79-
2017 or 79-2101, and amendments thereto.
(27) Counties may not exempt from or effect changes in K.S.A. 2-
3302, 2-3305, 2-3307, 2-3318, 17-5904, 17-5908, 47-1219, 65-171d, 65-
1,178 through 65-1,199, 65-3001 through 65-3028, and amendments
thereto.
(28) Counties may not exempt from or effect changes in K.S.A. 80-
121, and amendments thereto.
(29) Counties may not exempt from or effect changes in K.S.A. 19-
228, and amendments thereto.
(30) Counties may not exempt from or effect changes in the Kansas
911 act.
(31) Counties may not exempt from or effect changes in K.S.A. 26-
601, and amendments thereto.
(32) (A) Counties may not exempt from or effect changes in the
Kansas liquor control act except as provided by paragraph (B).
(B) Counties may adopt resolutions which that are not in conflict
with the Kansas liquor control act.
(33) (A) Counties may not exempt from or effect changes in the
Kansas cereal malt beverage act except as provided by paragraph (B).
(B) Counties may adopt resolutions which that are not in conflict
with the Kansas cereal malt beverage act.
(34) Counties may not exempt from or effect changes in the Kansas
lottery act.
(35) Counties may not exempt from or effect changes in the Kansas
expanded lottery act.
(36) Counties may neither exempt from nor effect changes to the
eminent domain procedure act.
(37) Any county granted authority pursuant to the provisions of
K.S.A. 19-5001 through 19-5005, and amendments thereto, shall be
subject to the limitations and prohibitions imposed under K.S.A. 19-5001
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2495 4
through 19-5005, and amendments thereto.
(38) Except as otherwise specifically authorized by K.S.A. 19-5001
through 19-5005, and amendments thereto, counties may not exercise any
authority granted pursuant to K.S.A. 19-5001 through 19-5005, and
amendments thereto, including the imposition or levy of any retailers' sales
tax.
(39) Counties may not exempt from or effect changes in K.S.A. 65-
201 and 65-202(a), (b), (d), (e) and (f), and amendments thereto.
(40) (A) Counties may adopt resolutions to regulate activities on or
within navigable rivers. Such resolutions shall be for the purpose of
protecting public health, safety and welfare.
(B) As used in this paragraph:
(i) "Activities" includes, but is not limited to, camping, disposal of
personal property or waste and vehicle operation.
(ii) "Navigable river" means the Arkansas river, Kansas river and
Missouri river, including the dried channels thereof.
(b) Counties shall apply the powers of local legislation granted in
subsection (a) by resolution of the board of county commissioners. If no
statutory authority exists for such local legislation other than that set forth
in subsection (a) and the local legislation proposed under the authority of
such subsection is not contrary to any act of the legislature, such local
legislation shall become effective upon passage of a resolution of the
board and publication in the official county newspaper. If the legislation
proposed by the board under authority of subsection (a) is contrary to an
act of the legislature which that is applicable to the particular county but
not uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in
K.S.A. 19-101b, and amendments thereto.
(c) Any resolution adopted by a county which that conflicts with the
restrictions in subsection (a) is null and void.
Sec. 2. K.S.A. 21-5808 is hereby amended to read as follows: 21-
5808. (a) Criminal trespass is entering or remaining upon or in any:
(1) Land, nonnavigable body of water, structure, vehicle, aircraft or
watercraft by a person who knows such person is not authorized or
privileged to do so, and:
(A) Such person enters or remains therein in defiance of an order not
to enter or to leave such premises or property personally communicated to
such person by the owner thereof or other authorized person;
(B) such premises or property are posted as provided in K.S.A. 32-
1013, and amendments thereto, or in any other manner reasonably likely to
come to the attention of intruders, or are locked or fenced or otherwise
enclosed, or shut or secured against passage or entry; or
(C) such person enters or remains therein in defiance of a restraining
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2495 5
order issued pursuant to K.S.A. 23-2707, 38-2243, 38-2244, 38-2255, 60-
3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. 23-2707, 38-
2243, 38-2244 or 38-2255 , and amendments thereto, and the restraining
order has been personally served upon the person so restrained; or
(2) public or private land or structure in a manner that interferes with
access to or from any health care healthcare facility by a person who
knows such person is not authorized or privileged to do so and such person
enters or remains thereon or therein in defiance of an order not to enter or
to leave such land or structure personally communicated to such person by
the owner of the health care healthcare facility or other authorized person.
(b) Criminal trespass is a class B nonperson misdemeanor. Upon a
conviction of a violation of subsection (a)(1)(C), a person shall be
sentenced to not less than 48 consecutive hours of imprisonment which
that shall be served either before or as a condition of any grant of
probation or suspension, reduction of sentence or parole.
(c) As used in this section:
(1) "Body of water" includes, but is not limited to, the Arkansas river,
Kansas river and Missouri river, including the dried channels thereof;
(2) "health carehealthcare facility" means any licensed medical care
facility, certificated health maintenance organization, licensed mental
health center or mental health clinic, licensed psychiatric hospital or other
facility or office where services of a health care healthcare provider are
provided directly to patients; and
(2)(3) "health carehealthcare provider" means any person:
(A) Licensed to practice a branch of the healing arts;
(B) licensed to practice psychology;
(C) licensed to practice professional or practical nursing;
(D) licensed to practice dentistry;
(E) licensed to practice optometry;
(F) licensed to practice pharmacy;
(G) registered to practice podiatry;
(H) licensed as a social worker; or
(I) registered to practice physical therapy.
(d) This section shall not apply to:
(1) A land surveyor, licensed pursuant to article 70 of chapter 74 of
the Kansas Statutes Annotated, and amendments thereto, and such
surveyor's authorized agents and employees who enter upon lands, waters
and other premises in the making of a survey; or
(2) railroad property as defined in K.S.A. 21-5809, and amendments
thereto, or nuclear generating facility as defined in K.S.A. 66-2302, and
amendments thereto.
Sec. 3. K.S.A. 21-5808 and K.S.A. 2025 Supp. 19-101a are hereby
repealed.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2495 6
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
1
2