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12  AN ACT concerning school districts; relating to [property and services
13    therefor; prescribing restrictions on the use of certain property
14    and services;] lease and lease-purchase agreements for real or per-
15    sonal property; [providing a procedure for consolidation of cer-
16    tain school districts;] amending K.S.A. 12-1765[, 72-8212] and 72-
17    8225 and K.S.A. 1996 Supp. 10-1116c [and 12-345] and repealing the
18    existing sections; also repealing K.S.A. 72-8157.
19
20  Be it enacted by the Legislature of the State of Kansas:
21    Section 1.  K.S.A. 1996 Supp. 10-1116c is hereby amended to read
22  as follows: 10-1116c. Any lease-purchase agreement entered into pursu-
23  ant to this act shall be subject to the following conditions:
24    (a)  If the proposed agreement is for a term exceeding the current
25  fiscal year of the municipality, it shall be approved by a majority vote of
26  all members of the governing body.
27    (b)  If the proposed agreement involves the acquisition of land or
28  buildings by a municipality other than a county, school district or com-
29  munity college, is for a term of three or more years, and provides for
30  payments in any year in excess of 3% of the total amount budgeted by
31  the municipality for expenditure during the current year, excluding debt
32  service, a notice thereof specifying the purpose and the total of all pay-
33  ments shall be published once each week for two consecutive weeks in a
34  newspaper of general circulation within such municipality. If, within 30
35  days following the last publication of such notice, a petition in opposition
36  to the agreement signed by not less than 5% of the qualified voters of
37  such municipality is filed with the appropriate county election officer, no
38  such agreement shall take effect unless and until the same is approved
39  by a majority of the qualified voters of such municipality voting at an
40  election thereon. Any such election shall be called and held in accordance
41  with the provisions of K.S.A. 10-120, and amendments thereto, or in
42  accordance with the provisions of the mail ballot election act.
43    (c)  If the municipality is a county, school district, school district or
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 1  community college and the proposed agreement involves the acquisition
 2  of land or buildings, is for a term exceeding the current fiscal year of the
 3  municipality, and provides for annual payments which in the aggregate
 4  exceed in any year in excess of $100,000, the governing body of such
 5  municipality first shall adopt a resolution stating its intent to enter into
 6  such lease-purchase agreement. The resolution shall specify the total of
 7  all payments to be made pursuant to the agreement and the purpose for
 8  which such agreement is to be entered into. The resolution shall be pub-
 9  lished once each week for two consecutive weeks in a newspaper of gen-
10  eral circulation within the municipality. If a protest petition signed by not
11  less than 5% of the qualified voters of the municipality, as determined by
12  the vote for secretary of state at the last general election, is filed with the
13  appropriate county election officer within 30 days following the last pub-
14  lication of the resolution, no such agreement shall take effect unless ap-
15  proved by a majority of the qualified voters of the municipality voting at
16  an election thereon. Any such election shall be called and held in the
17  manner provided by K.S.A. 10-120, and amendments thereto, or in ac-
18  cordance with the provisions of the mail ballot election act. If no such
19  protest petition is filed within the time limitation contained herein, the
20  governing body of the municipality may enter into such agreement. If an
21  election is held pursuant to a protest petition and a majority vote is cast
22  in favor of the proposition, the governing body of the municipality shall
23  have authority to enter into such agreement.
24    (d)  If the municipality is a school district and the proposed agreement
25  involves the acquisition of land or buildings, is for a term exceeding the
26  current fiscal year of the municipality, and provides for payments which
27  in the aggregate exceed $100,000 over the term of the agreement, the
28  governing body of such municipality first shall adopt a resolution stating
29  its intent to enter into such lease-purchase agreement. The resolution shall
30  specify the total of all payments to be made pursuant to the agreement
31  and the purpose for which such agreement is to be entered into. The
32  resolution shall be published once each week for two consecutive weeks
33  in a newspaper of general circulation within the municipality. If a protest
34  petition signed by not less than 5% of the qualified voters of the munici-
35  pality, as determined by the vote for secretary of state at the last general
36  election, is filed with the appropriate county election officer within 30
37  days following the last publication of the resolution, no such agreement
38  shall take effect unless approved by a majority of the qualified voters of
39  the municipality voting at an election thereon. Any such election shall be
40  called and held in the manner provided by K.S.A. 10-120, and amend-
41  ments thereto, or in accordance with the provisions of the mail ballot
42  election act. If no such protest petition is filed within the time limitation
43  contained herein, the governing body of the municipality may enter into
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 1  such agreement. If an election is held pursuant to a protest petition and
 2  a majority vote is cast in favor of the proposition, the governing body of
 3  the municipality shall have authority to enter into such agreement.
 4    (e) (d)  If the proposed agreement is for a term exceeding the current
 5  fiscal year of the municipality, the agreement shall specify the following:
 6    (1) The amount or capital cost required to purchase the item if paid for
 7  by cash, (2) the annual average effective interest cost, and (3) the amount
 8  included in the payments for service, maintenance, insurance or other
 9  charges exclusive of the capital cost and interest cost.
10    Sec. 2.  K.S.A. 12-1765 is hereby amended to read as follows: 12-
11  1765. The governing bodies of all school districts, cities, agencies and
12  departments of the state of Kansas, and all boards of county commission-
13  ers now located or which may hereafter be located within the county
14  where such public building commission has been created, or all boards
15  of county commissioners that desire to lease space from a county public
16  building commission for detention of eligible juveniles, are hereby au-
17  thorized and empowered to enter into leases without the necessity of any
18  election and without regard to K.S.A. 10-1001 to 10-1122, inclusive, and
19  amendments thereto or to K.S.A. 79-2925 and amendments thereto for
20  any period of time not to exceed 50 years, except that no lease entered
21  into under authority of this section for a school district shall be for any
22  period of time in excess of 10 years.
23    [Sec. 3.  K.S.A. 72-8212 is hereby amended to read as follows:
24  72-8212. (a) (1) Subject to provision (2) of this subsection, every
25  unified school district shall maintain, offer and teach kindergarten
26  and grades one through 12 and shall offer and teach at least 30
27  units of instruction for pupils enrolled in grades nine through 12
28  in each high school operated by the board of education. The units
29  of instruction, to qualify for the purpose of this section, shall have
30  the prior approval of the state board of education.
31    [(2)  Any unified school district which has discontinued kinder-
32  garten, any grade or unit of instruction under authority of K.S.A.
33  72-8233, and amendments thereto, and has entered into an agree-
34  ment with another unified school district for the provision of kin-
35  dergarten or any such grade or unit of instruction has complied
36  with the kindergarten, grade and unit of instruction requirements
37  of this section.
38    [(b)  The board of education shall adopt all necessary rules and
39  regulations for the government and conduct of its schools, consis-
40  tent with the laws of the state.
41    [(c)  The board of education may divide the district into sub-
42  districts for purposes of attendance by pupils.
43    [(d)  The board of education shall have the title to and the care
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 1  and keeping of all school buildings and other school property be-
 2  longing to the district. Subject to the provisions of subsection (f), the
 3  board may open any or all school buildings for community pur-
 4  poses and may adopt rules and regulations governing use of school
 5  buildings for those purposes. School buildings and other school
 6  properties no longer needed by the school district may be disposed
 7  of by the board upon the affirmative recorded vote of not less than
 8  a majority of the members of the board at a regular meeting. The
 9  board may dispose of the property in such manner and upon such
10  terms and conditions as the board deems to be in the best interest
11  of the school district. Conveyances of school buildings and other
12  school properties shall be executed by the president of the board
13  and attested by the clerk.
14    [(e)  The board shall have the power to acquire personal and
15  real property by purchase, gift or the exercise of the power of
16  eminent domain in accordance with K.S.A. 72-8212a, and amend-
17  ments thereto.
18    [(f)  The buildings, facilities, equipment and other property of a uni-
19  fied school district, the personal services of the administrative, teaching
20  or support employees of the unified school district, and the telephone,
21  telecommunications and any other services belonging to or purchased by
22  the district shall not be used by any person or other entity to conduct or
23  to assist or support in any manner any private business or other gainful
24  activity.]
25    Sec. 3. [4.]  K.S.A. 72-8225 is hereby amended to read as follows: 72-
26  8225. The board of education of any school district, as lessee or lessor,
27  may enter into written contracts for the use of real or personal property
28  or lease-purchase agreements as provided by K.S.A. 10-1116b, and
29  amendments thereto. No board of education shall enter into any contract
30  under authority of this section as lessor of any school bus, as defined in
31  K.S.A. 72-8301, and amendments thereto. The term of any such lease or
32  lease-purchase agreement may be for not to exceed 10 years. Such lease
33  or lease-purchase agreement may provide for annual or other payment
34  of rent or rental fees and may obligate the school district to payment of
35  maintenance or other expenses. Any contract made under authority of
36  this section shall be subject to change or termination at any time by the
37  legislature. Any assignment of rights in any contract made under this
38  section shall contain a citation of this section and a recitation that the
39  contract and assignment thereof are subject to change or termination by
40  the legislature. The provisions of the cash basis law shall not apply to any
41  lease or lease-purchase agreement made under authority of this section
42  in such a manner as to prevent the intention of this section from being
43  made effective, except that any lease-purchase agreement which is en-
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 1  tered into under authority of this section for any school district and which
 2  involves the acquisition of land or buildings is subject to the provisions of
 3  K.S.A. 10-1116c and amendments thereto.
 4    [New Section 5.  No person who is a professional employee or
 5  administrative employee of a unified school district may be a mem-
 6  ber of the board of education of the unified school district by which
 7  such person is employed. For the purpose of this subsection, the
 8  terms professional employee and administrative employee have
 9  the meanings respectively ascribed thereto in K.S.A. 72-5413, and
10  amendments thereto.]
11    [Sec. 6.  K.S.A. 1996 Supp. 12-345 is hereby amended to read
12  as follows: 12-345. (a) If the voters approve a plan which provides
13  for the consolidation of the city and county, such consolidated city-
14  county shall be subject to the provisions of this section.
15    [(b)  Wyandotte county is hereby designated an urban area, as
16  authorized under the provisions of section 17 of article 2 of the
17  constitution of the state of Kansas, for the purpose of granting to
18  such county and urban area powers of local government and con-
19  solidation of local government.
20    [(c)  The consolidated city-county shall be subject to the cash-
21  basis and budget laws of the state of Kansas.
22    [(d)  Except as provided in subsection (e), and in any other stat-
23  ute which specifically exempts bonds from the statutory limitations
24  on bonded indebtedness, the limitation on bonded indebtedness
25  of a consolidated city-county under this act shall be 30% of the
26  assessed value of all tangible taxable property within such county
27  on the preceding August 25.
28    [(e)  The following shall not be included in computing the total
29  bonded indebtedness of the consolidated city-county for the pur-
30  poses of determining the limitations on bonded indebtedness:
31    [(1)  Bonds issued for the purpose of refunding outstanding
32  debt, including outstanding bonds and matured coupons thereof,
33  or judgments thereon.
34    [(2)  Bonds issued pursuant to the provisions of article 46 of
35  chapter 19 of the Kansas Statutes Annotated, and amendments
36  thereto.
37    [(3)  Bonds issued for the purpose of financing the construction
38  or remodeling of a courthouse, jail or law enforcement center fa-
39  cility, which bonds are payable from the proceeds of a retailers'
40  sales tax.
41    [(4)  Bonds issued for the purpose of acquiring, enlarging, ex-
42  tending or improving any storm or sanitary sewer system.
43    [(5)  Bonds issued for the purpose of acquiring, enlarging, ex-
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 1  tending or improving any municipal utility.
 2    [(6)  Bonds issued to pay the cost of improvements to intersec-
 3  tions of streets and alleys or that portion of any street immediately
 4  in front of city or school district property.
 5    [(f)  Any bonded indebtedness and interest thereon incurred by
 6  the city or county prior to consolidation shall remain an obligation
 7  of the property subject to taxation for the payment thereof prior
 8  to such consolidation.
 9    [(g)  Upon the effective date of the consolidation of the city and
10  county, any retailers' sales tax levied by the city or county in ac-
11  cordance with K.S.A. 12-187 et seq., and amendment amendments
12  thereto, prior to such date shall remain in full force and effect,
13  except that part of the rate attributable to the former city shall not
14  apply to retail sales in the cities of Bonner Springs, Edwardsville
15  and Lake Quivira.
16    [(h)  Upon the effective date of the consolidation of the city and
17  county, the territory of the consolidated city-county shall include:
18    [(1)  All of the territory of the county for purposes of exercising
19  the powers, duties and functions of a county.
20    [(2)  All of the territory of the county, except the territory of
21  the cities of Bonner Springs, Edwardsville, Lake Quivira and the
22  unincorporated area of the county, for purposes of exercising the
23  powers, duties and functions of a city.
24    [(i)  For the purposes of section 1 of article 5 of the constitution
25  of the state of Kansas, the ``voting area'' for the governing body of
26  the consolidated city-county shall include all the territory within
27  Wyandotte county.
28    [(j)  Except for the consolidated city-county and unless otherwise pro-
29  vided by law, other political subdivisions of the county shall not be af-
30  fected by consolidation of the city and county. Such other political sub-
31  divisions shall continue in existence and operation.
32    [(k) (j)  Unless otherwise provided by law, the consolidated city-
33  county shall be eligible for the distribution of any funds from the
34  state and federal government as if no consolidation had occurred.
35  Except as provided in this subsection, the population and assessed
36  valuation of the territory of the consolidated city-county shall be
37  considered its population and assessed valuation for purposes of
38  the distribution of moneys from the state or federal government.
39    [(l) (k)  The consolidated city-county shall be a county. The gov-
40  erning body of the consolidated city-county shall be considered
41  county commissioners for the purposes of section 2 of article 4 of
42  the constitution of the state of Kansas and shall have all the powers,
43  functions and duties of a county and may exercise home rule pow-
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 1  ers in the manner and subject to the limitations provided by K.S.A.
 2  19-101a, and amendments thereto, and other laws of this state.
 3    [The governing body of the consolidated city-county shall be re-
 4  sponsible for any duties or functions imposed by the constitution
 5  of the state of Kansas and other laws of this state upon any county
 6  office abolished by the consolidation plan. Such duties may be del-
 7  egated by the governing body or as provided in the consolidation
 8  plan.
 9    [(m) (l)  The consolidated city-county shall be a city of the first
10  class. The governing body of the consolidated city-county shall
11  have all the powers, functions and duties of a city of the first class
12  and may exercise home rule powers in the manner and subject to
13  the limitations provided by article 12 of section 5 of the constitu-
14  tion of the state of Kansas and other laws of this state.
15    [(n) (m)  The governing body of the consolidated city-county
16  may create special service districts within the city-county and may
17  levy taxes for services provided in such districts.
18    [(o) (n)  Changes in the form of government approved by the
19  voters in accordance with the consolidation plan are hereby de-
20  clared to be legislative matters and subject to initiative and ref-
21  erendum in accordance with K.S.A. 12-3013 et seq., and amend-
22  ments thereto.
23    [New Sec. 7.  If an election under the provisions of K.S.A. 1996
24  Supp. 12-341 et seq. and amendments thereto is conducted in Wy-
25  andotte county, and if a majority of the electors voting at the elec-
26  tion vote in favor of the question submitted to consolidate Wyan-
27  dotte county and the city of Kansas City, Kansas, such favorable
28  vote shall also constitute a mandate as provided in this section. All
29  unified school districts of which all or the greater part of the ter-
30  ritory thereof is located in Wyandotte county shall also be consol-
31  idated at the end of the regular school sessions of the 1996-1997
32  school year. This mandate applies to unified school districts 202,
33  203, 204 and 500, and such unified school districts shall thereupon
34  be abolished and become one unified school district which shall
35  be given a suitable number designation by the state board of ed-
36  ucation. Article 71 of chapter 72 of the Kansas Statutes Annotated
37  shall apply to the consolidated unified school district created by
38  this act. All other laws of this state applicable to all unified school
39  districts shall also apply to the school district created by this act.
40  The method of election of members of the board of education of
41  such school district shall be election at large. The state board of
42  education may adopt policies to assist in the orderly reorganization
43  required by this act.]
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 1    Sec. 4. [8.]  K.S.A. 12-1765, 72-8157[, 72-8212] and 72-8225 and
 2  K.S.A. 1996 Supp. 10-1116c [and 12-345] are hereby repealed.
 3    Sec. 5. [9.]  This act shall take effect and be in force from and after
 4  its publication in the statute book.