Session of 1999
SENATE BILL No. 273
An Act concerning certain
municipalities; relating to the powers and duties of the
govern-
ing bodies thereof; amending K.S.A. 68-102a
and K.S.A. 1998 Supp. 19-101a and 68-
102 and repealing the existing sections; also
repealing K.S.A. 1998 Supp. 19-101i.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp. 68-102
is hereby amended to read as
follows: 68-102. (a) Except as provided by subsection (b),
applications for
laying out roads, or for viewing, reviewing, altering or
vacating any road,
shall be by petition to the board of county commissioners,
signed by at
least 12 householders of the county residing in the
vicinity where the road
is to be laid out, viewed, reviewed, altered or vacated. At
least one of the
petitioners shall post a bond with sufficient sureties,
payable to the state
of Kansas for the use of the county, to be approved by the
county com-
missioners, conditioned that the person signing such bond
shall pay into
the treasury of the county the amount of all costs and
expenses accruing
on the location, view, review, alteration or vacation, in
case the proceed-
ings had in pursuance of the petition shall not be finally
confirmed and
established. Upon the failure or refusal of the persons so
bound, after a
liability shall have accrued, the county clerk of the
county shall collect or
cause to be collected such costs and expenses, and pay the
same into the
county treasury.
(b) (a) Upon petition
of any adjacent landowner, the board of county
commissioners may lay out, alter or vacate a road. The board of
county
commissioners also may layout or alter any road when deemed
necessary
by the board.
(b) The board of county
commissioners may vacate any road in the
county whenever the board determines such road is not a public
utility
by reason of neglect, nonuse, or inconvenience or from other cause
or
causes such road has become practically impassable and the
necessity for
such road as a public utility does not justify the expenditure of
the nec-
essary funds to repair such road or put the same in condition for
public
travel.
(c) Notice of the laying out,
alteration or vacation of any road shall
be given in the manner provided by K.S.A. 68-102a, and
amendments
thereto.
Sec. 2. K.S.A. 68-102a is hereby
amended to read as follows: 68-
102a. Before any road is laid out, altered or vacated
without the presen-
tation of a petition for vacation, the county
clerk shall give notice of the
proposed vacation the proposed action by
publication once in the official
county newspaper and by sending notice by certified mail to each
owner
of property adjoining the road, at the address where the owner's
tax state-
ment is sent. The notice shall set forth a description of the road
proposed
to be laid out, altered or vacated. Proceedings for the
award of damages,
if any, to the property owners affected by vacation of any
road as provided
for in this act, and such action, and any
appeal therefrom, shall be made
in the same manner as provided in K.S.A. 68-107, and
amendments
thereto. Any person or persons may make written application
to the
county commissioners for payment for damage to property caused by
the
vacation such action. The county
commissioners shall not award damages
on account of the vacation unless there has been
filed with the county
clerk, within 12 months after the entering of the order of
vacation laying
out, altering or vacating such road, a written application
giving a descrip-
tion of the premises for which damages or compensation are
claimed.
The county commissioners shall determine the amount of damage
sus-
tained, if any, by such claimant. All applications for damages
shall be
forever barred unless they are presented as provided by this
act.
New Sec. 3. (a) The township board
of Lecompton township located
in Douglas county, by resolution, may request the board of county
com-
missioners of Douglas county to acquire land by purchase or
eminent
domain for such township. The resolution shall describe the land
which
the township desires to be acquired and the purpose for which it is
to be
acquired. Such land shall be located in the township.
The board of county commissioners shall call
and hold a hearing on
such resolution. Notice of the hearing shall be published at least
once
each week for two consecutive weeks in a newspaper of general
circula-
tion in the township. At such hearing, any person who desires to
appear
and speak shall be given the opportunity to be heard.
(b) Following such hearing, the board of
county commissioners may
adopt a resolution of intent to acquire the land, or any portion of
such
land, described in the petition submitted by the township board. If
the
board of county commissioners determines that land other than that
de-
scribed in the petition is more suitable for the township purposes,
the
board may adopt a resolution of intent to acquire such other land
for the
township.
Any resolution adopted pursuant to this
subsection shall be published
at least once each week for two consecutive weeks in a newspaper
of
general circulation in the township. If within 30 days following
the date
of last publication, a petition signed by at least 5% of the
qualified electors
of the township is filed with the county election officer, no land
shall be
acquired pursuant to this section unless the question is submitted
to and
approved by a majority of the qualified electors of the township
voting at
an election thereon. Such election shall be called and held in the
manner
provided by the general bond law.
(c) If a sufficient petition is not filed
or if the question has been
submitted and approved at an election as provided by subsection
(b), the
board of county commissioners shall acquire, by purchase or
eminent
domain, the land described in the resolution of intent. Upon
acquisition
of such land, the board of county commissioners shall convey title
thereto
to the township. The township shall reimburse the county for all
expenses
incurred by the county relating to the acquisition of such land,
including
notice and election expenses.
(d) No more than three acres of land may
be acquired pursuant to
this section. Any land acquired pursuant to this section shall be
used for
township purposes.
(e) The township board may construct,
purchase or lease buildings
for township purposes. The board may join with any corporation,
asso-
ciation, society or lodge in the construction or purchase and use
of build-
ings or land acquired pursuant to this section, upon such terms and
con-
ditions as may be agreed upon by such township and corporation,
association, society or lodge.
(f) The township board may issue general
obligation bonds of the
township to finance the costs of the acquisition of land and the
construc-
tion and acquisition of township buildings. No such bonds shall be
issued
unless such issuance is submitted to and approved by a majority of
the
qualified electors of the township voting at an election called and
held on
such issuance. Such election shall be called and held in the manner
pro-
vided by the general bond law. The question of issuance of bonds
may
be submitted at any election held pursuant to subsection (b).
Sec. 4. K.S.A. 1998 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
adminis-
tration it deems appropriate, subject only to the following
limitations,
restrictions or prohibitions:
(1) Counties shall be subject to all acts
of the legislature which apply
uniformly to all counties.
(2) Counties may not consolidate or alter
county boundaries.
(3) Counties may not affect the courts
located therein.
(4) Counties shall be subject to acts of
the legislature prescribing
limits of indebtedness.
(5) In the exercise of powers of local
legislation and administration
authorized under provisions of this section, the home rule power
con-
ferred 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 may be affected.
(6) 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.
(7) 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.
(8) Counties shall be subject to the
limitations and prohibitions im-
posed under K.S.A. 12-187 to 12-195, inclusive, and amendments
thereto,
prescribing limitations upon the levy of retailers' sales taxes by
counties.
(9) 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.
(10) No county may levy ad valorem taxes
under the authority of this
section upon real property located within any redevelopment area
estab-
lished under the authority of K.S.A. 12-1772, and amendments
thereto,
unless the resolution authorizing the same specifically authorized
a por-
tion 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.
(11) Counties shall have no power under
this section to exempt from
any statute authorizing or requiring the levy of taxes and
providing sub-
stitute 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
amend-
ments thereto.
(12) Counties may not exempt from or
effect changes in the provi-
sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments
thereto.
(13) Except as otherwise specifically
authorized by K.S.A. 12-1,101
to 12-1,109, inclusive, and amendments thereto, counties may not
levy
and collect taxes on incomes from whatever source derived.
(14) Counties may not exempt from or
effect changes in K.S.A. 19-
430, and amendments thereto. Any charter resolution adopted by
a
county prior to July 1, 1983, exempting from or effecting changes
in
K.S.A. 19-430, and amendments thereto, is null and void.
(15) 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.
(16) Counties may not exempt from or
effect changes in K.S.A. 13-
13a26, and amendments thereto. Any charter resolution adopted by
a
county, prior to the effective date of this act, exempting from or
effecting
changes in K.S.A. 13-13a26, and amendments thereto, is null and
void.
(17) Counties may not exempt from or
effect changes in K.S.A. 71-
301, and amendments thereto. Any charter resolution adopted by
a
county, prior to the effective date of this act, exempting from or
effecting
changes in K.S.A. 71-301, and amendments thereto, is null and
void.
(18) 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. Any
charter
resolution adopted by a county prior to the effective date of this
act,
exempting from or effecting changes in such sections is null and
void.
(19) Counties may not exempt from or
effect changes in the provi-
sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and
12-
1226, and amendments thereto, or the provisions of K.S.A. 1998
Supp.
12-1260 to 12-1270, inclusive, and amendments thereto, and
12-1276,
and amendments thereto.
(20) Counties may not exempt from or
effect changes in the provi-
sions of K.S.A. 19-211, and amendments thereto.
(21) Counties may not exempt from or
effect changes in the provi-
sions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments
thereto.
(22) Counties may not regulate the
production or drilling of any oil
or gas well in any manner which would result in the duplication of
reg-
ulation 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 any rules and regulations adopted
pur-
suant 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.
(23) Counties may not exempt from or
effect changes in K.S.A. 79-
41a04, and amendments thereto.
(24) Counties may not exempt from or
effect changes in K.S.A. 79-
1611, and amendments thereto.
(25) Counties may not exempt from or
effect changes in K.S.A. 79-
1494, and amendments thereto.
(26) Counties may not exempt from or
effect changes in subsection
(b) of K.S.A. 19-202, and amendments thereto.
(27) Counties may not exempt from or
effect changes in subsection
(b) of K.S.A. 19-204, and amendments thereto.
(28) 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. Any
resolution adopted by any county prior to the effective date of
this act
imposing or levying any such tax is null and void.
(29) Counties may not exempt from or
effect changes in K.S.A. 79-
2017 or 79-2101, and amendments thereto. Any charter resolution
adopted prior to the effective date of this act, which affected the
provi-
sions of K.S.A. 79-2017 or 79-2101, and amendments thereto, is
hereby
declared to be null and void.
(30) Counties may not exempt from or
effect changes in K.S.A. 2-
3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219 or 65-171d or
K.S.A.
1998 Supp. 2-3318, 17-5909 or 65-1,178 through 65-1,199, and
amend-
ments thereto.
(31) Counties may not exempt from or
effect changes in section 3,
and amendments thereto.
(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 is applicable to the particular county
but not
uniformly applicable to all counties, such legislation shall become
effec-
tive by passage of a charter resolution in the manner provided in
K.S.A.
19-101b, and amendments thereto.
Sec. 5. K.S.A. 68-102a and K.S.A. 1998 Supp. 19-101a,
19-101i and
68-102 are hereby repealed.
Sec. 6. This act shall take effect and be in
force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
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SENATE concurred in
HOUSE amendments ______________________________
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Passed the HOUSE
as amended ______________________________
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APPROVED ______________________________
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