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The opinion points out that Article 12, Section 5, of the Kansas Constitution gives cities authority to determine their local affairs and government, a power commonly referred to as home rule. Counties have similar authority under a state statute that says they have the power to exercise the powers of home rule to determine their local affairs and government. In recent years, Kansas lawmakers have passed legislation that cities and counties argue chips away at their home rule authority by prohibiting local governments from taking certain actions in areas such as gun control, minimum wage requirements and raising property taxes

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"And yet you can't buy a pack of cigarettes." Another bill would classify e-cigarettes, or "vaping" devices, as tobacco products subject to the same restrictions on who can purchase them and where they can be used

The measure was defeated by a vote of 61% against to 39% in favor