SESSION OF 1998



SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2838



As Amended by House Committee on

Governmental Organization and Elections





Brief(1)



H.B. 2838 authorizes the board of county commissioners to adopt a resolution creating a cemetery district within the county. The resolution shall describe the territory proposed to be included within the district. The district may include within the boundaries an existing cemetery owned by a not-for-profit corporation.



Prior to adopting the resolution, the board of county commissioners is required to hold a public hearing. Following the hearing, the board may adopt the resolution creating the cemetery district. Such resolution shall be published at least once a week for two consecutive weeks in the official county newspaper and is subject to a protest petition signed by not less than 10 percent of the qualified electors in the proposed cemetery district requesting an election on the issue.



Any cemetery district created under this act shall be governed by the provisions of K.S.A. 17-1330 et seq., dealing with cemetery districts and their powers.



The House Committee amendment requires a cemetery association located within the district to convey all property including any money in its permanent maintenance fund to the cemetery district created under this act.







Background



Representative Shari Weber requested the bill to deal with a cemetery issue involving the city of Abilene.



The bill has no fiscal impact on the state.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.