----------------------------------------------------------------------------


14  AN ACT relating to property taxation; concerning tax levy rate limitations
15    on certain governmental units; amending K.S.A. 2-610, 2-1318, 2-
16    1319, 2-1322, 2-2007, 3-121, 12-1403, 12-1405, 12-1617h, 19-236, 19-
17    807d, 19-2803, 19-2803e, 19-3105, 19-3106, 19-3305, 19-4004, 19-
18    4011, 19-4102, 65-212, 68-166, 68-518c, 68-582, 73-407, 76-326a,
19    79-1945, 79-1962, 80-115, 80-119, 80-808, 80-903, 80-932, 80-1417,
20    80-1509, 80-1537, 80-1806, 80-1903, 80-1909, 80-1916, 80-1920, 80-
21    1921, 80-1924, 80-2006, 80-2021, 80-2201, 80-2204 and 82a-308 and
22    K.S.A. 1996 Supp. 79-1946, 79-5028, 79-5036 and 79-5038 and 80-
23    1503 and repealing the existing sections; also repealing K.S.A. 79-1947,
24    79-1948, 79-1949, 79-1950, 79-1951, 79-1952 and 79-1953 and K.S.A.
25    1996 Supp. 79-1947b.
26
27  Be it enacted by the Legislature of the State of Kansas:
28    New Section 1.  The governing body of any city is hereby authorized
29  and empowered to levy taxes in each year for the general fund and other
30  city purposes.
31    Sec. 2.  K.S.A. 79-1945 is hereby amended to read as follows: 79-
32  1945. The board of county commissioners of any county is hereby au-
33  thorized and empowered to levy taxes in each year taxes for the several
34  county purposes, on the assessed tangible valuation of the respective
35  counties, not to exceed the tax levy rates and amounts specified in the
36  following sections of this act general fund and other county purposes.
37  Revenues derived from property taxes levied for mental health programs
38  or for programs for people with disabilities, whether deposited in special
39  funds or in the general funds of the several counties, shall be expended
40  exclusively for such purposes.
41    Sec. 3.  K.S.A. 1996 Supp. 79-1946 is hereby amended to read as
42  follows: 79-1946. The board of county commissioners of each of the sev-
43  eral counties is hereby authorized to fix a rate of levy annually to meet
SB 7--Am. by HCW
                                     

 1  and defray the for current general expenses of the county and to pay a
 2  portion of the principal and interest on bonds issued under the authority
 3  of K.S.A. 12-1774, and amendments thereto, by any city located in such
 4  county, subject to limitations prescribed according to the assessed tan-
 5  gible valuation or a total population as follows:
 6  Less than $13,000,000 or having a population of less than 3,5006.50 mills
 7  $13,000,000 to $30,000,000[nt4.25 mills
 8  Over $30,000,000 to $140,000,000[nt3.50 mills
 9  Over $140,000,000[nt4.25 mills
10  Except that in any such county which adjoins a military reservation and
11  which has an assessed taxable tangible valuation of less than $100,000,000
12  such rate of levy may, except as hereinafter provided, be increased not
13  to exceed 1 1/2 mills. Before any county shall increase any levy under the
14  provisions of the foregoing proviso the board of county commissioners
15  shall publish a notice of its intention to make such increase in the levy.
16  Such notice shall be published once each week for two consecutive weeks
17  in the official county newspaper and if within 60 days next following the
18  last publication of such notice a petition signed by electors of the county
19  equal in number to not less than 5% of the total electors of such county
20  is filed in the office of the county election officer requesting an election
21  upon such proposition, no such increased levy shall be made without such
22  proposition having been submitted to and approved by a majority of the
23  electors of the county voting at an election called and held thereon. All
24  such elections shall be noticed, called and held in the manner prescribed
25  in K.S.A. 10-120, and amendments thereto.
26    Sec. 4.  K.S.A. 79-1962 is hereby amended to read as follows: 79-
27  1962. (a) The governing body of any township is hereby authorized and
28  empowered to levy taxes in each year for the general fund and other
29  township purposes, except that[. Unless otherwise authorized by law,
30  the] levies of taxes for road and noxious weed purposes shall only be levied
31  on all taxable tangible property located outside of incorporated cities. but
32  the governing body shall not fix a rate of levy in any one year on each
33  dollar of assessed tangible valuation of such township in excess of the
34  following-named rates:
35  Ambulance service: As authorized by K.S.A. 80-14253 mills
36  General fund[nt.50 mill
37  Judgments[nt1.00 mill
38  Establishing and maintenance of free library and reading room[nt1.00 mill
39  Such one-mill levy is subject to increase as hereinafter provided.Free band concerts[nt.25 mill
40  Free band concerts when authorized by an election[nt.50 mill
41  To acquire land for a cemetery or park[nt1.00 mill
42  Maintenance of a cemetery or park[nt1.00 mill
SB 7--Am. by HCW
                                     

 1  To acquire a site and build a cemetery chapel[nt2.00 mills
 2  Fire protection, joint with cities or townships[nt1.00 mill
 3  Extermination of prairie dogs[nt1.00 mill
 4  Cemeteries: As authorized by K.S.A. 12-1403[nt1.00 mill
 5  Cemeteries: As authorized by K.S.A. 12-1405[nt1.00 mill
 6  Cemeteries: As authorized by K.S.A. 80-932[nt.10 mill
 7  Fire department: As authorized by K.S.A. 80-1903[nt2.00 mills
 8  Townships in counties between 150,000 and 250,000[nt4.00 mills
 9  Fire department: As authorized by K.S.A. 80-1916[nt3.00 mills
10  Fire department: As authorized by K.S.A. 80-1921[nt3.00 mills
11  Fire department: As authorized by K.S.A. 80-1537[nt3.00 mills
12    Garbage and trash fund: As authorized by K.S.A. 80-2201:First year of levy[nt1.00 mill
13    Second year and thereafter[nt.50 mill
14  Garbage and trash disposal: As authorized by K.S.A. 80-2204[nt.50 mill
15  Halls and buildings: As authorized by K.S.A. 80-115[nt2.00 mills
16  Noxious weeds: As authorized by K.S.A. 2-1318[nt1.00 mill
17    Deficiency levy for chemicals[nt.50 mill
18  Parks and cemeteries: Maintenance as authorized by K.S.A. 80-903[nt2.00 mills
19    Police protection by sheriff's deputies:As authorized by K.S.A. 19-807d[nt1.00 mill
20  Roads: As authorized by 68-518c[nt5.00 mills
21    Townships in counties between 175,000 and 275,000[nt7.00 mills
22  Such rates are not intended to, and shall not be construed to apply to any
23  township not specifically authorized by law to make such levy.
24    (b)  The townships of Garfield and Pierceville in Finney county, Kan-
25  sas, are hereby authorized to levy an annual tax upon all taxable tangible
26  property in the respective townships of not to exceed three mills for the
27  purpose of paying for fire protection.
28    (c)  The levy for establishing and maintaining a free library and read-
29  ing room may be increased from one mill to not more than 2.50 mills.
30  Before any township increases this levy the township board shall publish
31  a notice of its intention to make such increase. Such notice shall be pub-
32  lished once each week for two consecutive weeks in the official county
33  newspaper and if within 60 days following the last publication of such
34  notice a petition signed by electors of the township equal in number to
35  not less than 5% of the total electors of such township is filed in the office
36  of the county election officer requesting an election upon such proposi-
37  tion, no such increased levy shall be made without such proposition hav-
38  ing been submitted to and approved by a majority of the electors of the
39  township voting at an election called and held thereon. All such elections
40  shall be noticed, called and held in the manner prescribed in K.S.A. 10-
41  120, and amendments thereto.
SB 7--Am. by HCW
                                     

 1    Sec. 5.  K.S.A. 2-610 is hereby amended to read as follows: 2-610. (a)
 2  On or before July 15 each year, the executive board of the county exten-
 3  sion council shall file with the county commissioners in the office of the
 4  county clerk:
 5    (1)  A list of current members of the county extension council and its
 6  executive board;
 7    (2)  a certification of election of officers as provided in subsection (c)
 8  of K.S.A. 2-611, and amendments thereto;
 9    (3)  a certificate by the director of extension of Kansas state university
10  of agriculture and applied science that the county extension council is
11  properly functioning and entitled to receive the appropriations provided
12  by law; and
13    (4)  a proposed budget prepared in cooperation with the director of
14  extension of Kansas state university of agriculture and applied science for
15  the ensuing calendar year.
16    (b)  If the commission does not approve the proposed budget within
17  10 days after receipt thereof, it shall return the budget to the board. Upon
18  receipt of the returned budget, the board shall consider amendments or
19  modifications and may consult with the commission concerning the
20  budget. Within 10 days after receipt of the returned budget, the board
21  shall resubmit its proposed budget, with or without amendment or mod-
22  ification, to the commission. Within 10 days after resubmission of the
23  proposed budget, the commission shall approve, or amend or modify and
24  approve as amended or modified, such proposed budget. The commission
25  shall adopt the proposed budget as approved and shall make the same a
26  part of the regular county budget. The board of county commissioners
27  shall make an appropriation and certify to the county clerk the amount
28  of tax necessary to be levied on all tangible taxable property of the county
29  sufficient to provide a program of county extension work and to pay a
30  portion of the principal and interest on bonds issued under the authority
31  of K.S.A. 12-1774, and amendments thereto, by cities located in the
32  county, which levy shall not exceed the limitation prescribed by K.S.A.
33  79-1947, and amendments thereto.
34    Sec. 6.  K.S.A. 2-1318 is hereby amended to read as follows: 2-1318.
35  The county weed supervisor of each county is hereby directed and it shall
36  be the duty of the county weed supervisor to ascertain each year the
37  approximate amount of land and highways infested with each kind of
38  noxious weeds and its location in the county, and transmit such infor-
39  mation tabulated by cities and townships not later than June 1 of each
40  year, to the secretary of the state board of agriculture, board of county
41  commissioners, and to the governing body of each city and township in
42  the district pertaining to such noxious weed infestation in their respective
43  jurisdiction. On the basis of such information the tax levying body of each
SB 7--Am. by HCW
                                     

 1  county, township or incorporated city shall make a tax levy each year for
 2  the purpose of paying their part of the cost of control and eradication
 3  thereof as provided in this act and, in the case of cities and counties, to
 4  pay a portion of the principal and interest on bonds issued under the
 5  authority of K.S.A. 12-1774, and amendments thereto, by cities located
 6  in the county. Each county, city, and township, separately, shall make a
 7  levy each year in addition to all other levies now authorized by law, in
 8  such amount as is deemed to be necessary but not to exceed the limitation
 9  prescribed by K.S.A. 79-1947, 79-1948, 79-1949, 79-1950, 79-1951, 79-
10  1952, 79-1953 and 79-1962 and amendments thereto, in any one year for
11  such purpose. Any city may budget expenditures for weed control within
12  its general operating fund in lieu of levying a special tax therefor or main-
13  taining a separate noxious weed eradication fund. Moneys collected from
14  such levy, except for an amount to pay a portion of the principal and
15  interest on bonds issued under the authority of K.S.A. 12-1774, and
16  amendments thereto, by cities located in the county, shall be set apart as
17  a noxious weed eradication fund and warrants duly verified by the county
18  or city supervisor if such be employed or if no supervisor be employed,
19  then by county, township or city clerk, as the case may be, may be drawn
20  against this fund for all items of expense incident to control of noxious
21  weeds in such district respectively. Any moneys remaining in the noxious
22  weed eradication fund at the end of any year for which a levy is made
23  under this section may be transferred to the noxious weed capital outlay
24  fund for making of capital expenditures incident to the control of noxious
25  weeds. If moneys collected from such levy in the preceding year were
26  insufficient to purchase chemicals or chemical materials needed for the
27  purposes authorized in K.S.A. 2-1319 or 2-1322, and amendments
28  thereto, the tax levying body may levy an additional tax of not to exceed
29  the limitation prescribed by K.S.A. 79-1947, 79-1948, 79-1949, 79-1950,
30  79-1951, 79-1952, 79-1953 and 79-1962 and amendments thereto, but
31  the moneys collected from such levy shall not be used for any purpose
32  other than the purchase of such chemicals or chemical materials.
33    Any tax levy authorized under the provisions of this section shall be in
34  addition to all other tax levies authorized by law.
35    Sec. 7.  K.S.A. 2-2007 is hereby amended to read as follows: 2-2007.
36  Each board of county commissioners is authorized to create a ``soil-drift-
37  ing fund''. They are authorized and empowered to make soil drifting fund
38  and levy a tax against all taxable tangible property of the county at a rate
39  not to exceed the limitation prescribed by K.S.A. 79-1947, to be collected
40  as other taxes, and when collected to be credited to the ``soil-drifting
41  fund'' to pay for the cost of work done, or hired to be done, by the board
42  of county commissioners and to pay a portion of the principal and interest
43  on bonds issued under the authority of K.S.A. 12-1774, and amendments
SB 7--Am. by HCW
                                     

 1  thereto, by cities located in the county. To pay persons employed by them
 2  to do such work ordered to be done on any property the county shall
 3  issue its warrants upon the ``soil-drifting fund,'' and such warrants shall
 4  be paid from that fund. This shall be regarded as a special purpose for
 5  incurring obligations and issuing and paying warrants and is not controlled
 6  by any general statute relating thereto.
 7    Sec. 8.  K.S.A. 2-1319 is hereby amended to read as follows: 2-1319.
 8    (a) The cost of controlling and eradicating noxious weeds on all lands or
 9  highways owned or supervised by a state agency, department or commis-
10  sion shall be paid by the state agency, department or commission super-
11  vising such lands or highways from funds appropriated to its use; on
12  county lands and county roads, on township lands and township roads, on
13  city lands, streets and alleys by the county, township or city in which such
14  lands, roads, streets and alleys are located, and from funds made available
15  for that purpose; on drainage districts, irrigation districts, cemetery as-
16  sociations and other political subdivisions of the state, the costs shall be
17  paid from their respective funds made available for the purpose. If the
18  governing body of any political subdivision owning or supervising lands
19  infested with noxious weeds within their jurisdiction fails to control such
20  noxious weeds after 15 days' notice directing any such body to do so, the
21  board of county commissioners shall proceed to have proper control and
22  eradication methods used upon such lands, and shall notify the governing
23  body of the political subdivision by certified mail of the costs of such
24  operations, with a demand for payment. The governing body of the po-
25  litical subdivision shall pay such costs from its noxious weed fund, or if
26  no such fund is available, from its general fund or from any other funds
27  available for such purpose. Copy of the statement, together with proof of
28  notification, shall at the same time be filed with the county clerk, and if
29  the amount is not paid within 30 days, such clerk shall spread the amount
30  upon the tax roll of the subdivision, and such amount shall become a lien
31  against the entire territory located within the particular political subdi-
32  vision, and shall be collected as other taxes are collected.
33    (b)  All moneys collected pursuant to this section shall be paid into
34  the county noxious weed eradication fund. Tax levies made pursuant to
35  this section shall be in addition to all other levies authorized by law, and
36  shall be in addition to any aggregate tax levy limits prescribed by law.
37    (c)  As used in this section, ``governing body'' means the board, body,
38  or persons in which the powers of a political subdivision as a body cor-
39  porate are vested; and ``political subdivision'' means any agency or unit
40  of the state authorized to levy taxes or empowered to cause taxes to be
41  levied.
42    (d)  On all other lands the owner thereof shall pay the cost of control
43  and eradication of noxious weeds. Except as provided in K.S.A. 2-1333
SB 7--Am. by HCW
                                     

 1  and amendments thereto, chemical materials for use on privately owned
 2  lands may be purchased from the board of county commissioners at a
 3  price fixed by the board of county commissioners which shall be in an
 4  amount equal to not less than 50% nor more than 75% of the total cost
 5  incurred by the county in purchasing, storing and handling such chemical
 6  materials. However, once the tax levying body of a county, city or town-
 7  ship has authorized the maximum a tax levy prescribed by K.S.A. 2-1318,
 8  and amendments thereto of 1.5 mills or more, the board of county com-
 9  missioners may collect from the owner of privately owned lands an
10  amount equal to 75% but not more than 100% of the total cost incurred
11  by the county in purchasing, storing and handling of chemical materials
12  used in the control and eradication of noxious weeds on such privately
13  owned lands. Whenever official methods of eradication, adopted by the
14  state board of agriculture, are not followed in applying the chemical ma-
15  terials so purchased, the board of county commissioners may collect the
16  remaining portion of the total cost thereof.
17    Sec. 9.  K.S.A. 2-1322 is hereby amended to read as follows: 2-1322.
18    (a) The board of county commissioners, or the governing body of incor-
19  porated cities, cooperating with the secretary of the state board of agri-
20  culture, shall purchase or provide for needed and necessary equipment
21  and necessary chemical material for the control and eradication of noxious
22  weeds. The board of county commissioners of any county or the governing
23  body of any city may use any equipment or materials purchased as pro-
24  vided for in this section, upon the highways, streets and alleys, for the
25  treatment and eradication of weeds which have not been declared noxious
26  by legislative action.
27    (b)  Except as provided in K.S.A. 2-1333 and amendments thereto, the
28  board of county commissioners shall sell chemical material to the land-
29  owners in their jurisdiction at a price fixed by the board of county com-
30  missioners which shall be in an amount equal to not less than 50% nor
31  more than 75% of the total cost incurred by the county in purchasing,
32  storing and handling such chemical materials used in the control and
33  eradication of noxious weeds, and may make such charge for the use of
34  machines or other equipment and operators as may be deemed by them
35  sufficient to cover the actual cost of operation. However, once the tax
36  levying body of a county, city or township has authorized the maximum
37  a tax levy prescribed by K.S.A. 2-1318, and amendments thereto of 1.5
38  mills or more, the board of county commissioners may collect from the
39  landowners in their jurisdiction an amount equal to 75% but not more
40  than 100% of the total cost incurred by the county in purchasing, storing
41  and handling of chemical materials used in the control and eradication of
42  noxious weeds.
43    (c)  Whenever official methods of eradication adopted by the state
SB 7--Am. by HCW
                                     

 1  board of agriculture are not used in applying the chemical material pur-
 2  chased, the board of county commissioners may collect the remaining
 3  portion of the total cost thereof from the landowner.
 4    (d)  The board of county commissioners, township boards, and the
 5  governing body of cities shall keep a record showing purchases of material
 6  and equipment for control and eradication of noxious weeds. The board
 7  of county commissioners and the governing body of cities shall also keep
 8  a complete itemized record showing sales for cash or charge sales of
 9  material and shall maintain a record of charges and receipts for use of
10  equipment owned by each county or city on public and private land. Such
11  records shall be open to inspection by citizens of Kansas at all times.
12    Sec. 10.  K.S.A. 3-121 is hereby amended to read as follows: 3-121.
13  Municipalities operating airports jointly may pay the expenses of pur-
14  chasing or acquiring such airports from the general funds of such munic-
15  ipalities or may issue general obligation bonds, as authorized by law, but
16  no such bonds shall be issued for the purchase or acquisition of airports
17  as provided hereunder, by any municipality unless and until the question
18  of issuing same shall have been submitted to the qualified electors of said
19  such municipality at any regular or special election and a majority of those
20  voting on the proposition in said such municipality shall have voted in
21  favor of the issuance of said bonds. In addition, any such governing body
22  may issue general obligation bonds of the county or city in an amount not
23  to exceed fifty thousand dollars ($50,000) $50,000 annually without an
24  election, for the purpose of providing improvements on runways of any
25  such airport. Any governing body proposing to issue such bonds shall
26  publish a resolution to that effect in a newspaper of general circulation
27  within the city or county, as applicable. Such resolution shall be published
28  once each week for three consecutive weeks. If, within sixty (60) 60 days
29  following the final such publication, a petition signed by not less than five
30  percent (5%) 5% of the qualified electors of such city or county, as ap-
31  plicable, is presented to the county election officer, no such bonds shall
32  be issued until approved by a majority of the qualified electors voting
33  thereon at the next county or city general election following the presen-
34  tation of the petition.
35    In lieu of issuing such bonds for the purchase or acquisition of an
36  airport, the governing body of the municipality may levy an annual tax of
37  not to exceed one mill on the dollar on all the taxable tangible property
38  in such municipality for not to exceed three years for the purpose of
39  creating a special fund to be used to pay the expenses of purchasing or
40  acquiring such airports or flying fields and to pay a portion of the principal
41  and interest on bonds issued under the authority of K.S.A. 12-1774, and
42  amendments thereto, by cities located in the county. Any such governing
43  bodies are hereby further authorized to levy an annual tax not to exceed
SB 7--Am. by HCW
                                     

 1  the limitation prescribed by K.S.A. 79-1947, 79-1948, 79-1949, 79-1950,
 2  79-1951, 79-1952 and 79-1953, and amendments thereto, per year, for
 3  the support, maintenance and operation of such airports and to pay a
 4  portion of the principal and interest on bonds issued under the authority
 5  of K.S.A. 12-1774, and amendments thereto, by cities located in the
 6  county. Such support, maintenance and operation expenses shall be borne
 7  in the proportion agreed upon by the municipalities in case such airports
 8  are not leased.
 9    New Sec. 11.  (a) Except as provided in (b), (c) or (d), the maximum
10  authorized levy for library purposes in accordance with K.S.A. 12-1220
11  and 12-1230, and amendments thereto, shall be the following:
12  Counties:
13  Nonurban areas                                                                     1.50 mills
14  Urban areas                                                                        2.00 mills
15  Cities of the first class with population of less than50,000                       2.00 mills
16  Cities of the second class                                                         3.00 mills
17  Cities of the third class                                                          2.00 mills
18  Townships                                                    1.00 mill, or such higher amount that may have been
     established prior to the effec-tive date of this act in accor-dance with K.S.A. 79-1962
19    (b)  Any board of county commissioners or township board, acting in
20  accordance with the provisions of K.S.A. 19-117, and amendments
21  thereto, may adopt limitations for the purposes authorized by K.S.A. 12-
22  1220 and 12-1230, and amendments thereto, that vary from those limi-
23  tations established in subsection (a).
24    (c)  Any city governing body, acting in accordance with the provisions
25  of K.S.A. 12-137, and amendments thereto, may adopt limitations for the
26  purposes authorized by K.S.A. 12-1220 or 12-1230, and amendments
27  thereto, that vary from the limitations established in subsection (a).
28    (d)  Any city charter ordinance or county charter resolution in exis-
29  tence on the effective date of this act which establishes a levy rate limi-
30  tation for library purposes shall remain in full force and effect unless
31  modified in accordance with article 12, section 5 of the Kansas constitu-
32  tion or K.S.A. 19-101a et seq., and amendments thereto.
33    Sec. 12.  K.S.A. 12-1617h is hereby amended to read as follows: 12-
34  1617h. Cities are hereby authorized to levy annually upon all the taxable
35  tangible property within the city a tax not to exceed the limitation pre-
36  scribed by K.S.A. 79-1948, 79-1949, 79-1950, 79-1951, 79-1952 and 79-
37  1953, and amendments thereto, for the purpose of creating a fund to be
38  used in securing or retaining industries or manufacturing institutions for
SB 7--Am. by HCW
                                     

 1  such city or near its environs and to pay a portion of the principal and
 2  interest on bonds issued by such city under the authority of K.S.A. 12-
 3  1774, and amendments thereto. No such levy shall be made until the
 4  governing body is instructed to do so by a majority of all the votes cast
 5  on this proposition at an election held at any city or general election.
 6    Such election shall be held as provided by law for bond elections. If
 7  any such city shall not make such tax levy in any year, after the third year
 8  following the approval of such tax levy by the voters, then it shall be
 9  necessary to resubmit the issue to the voters before any such tax levy shall
10  be imposed again. The tax levy herein authorized shall be in addition to
11  all other levies authorized by law and shall not be subject to any of the
12  limitations prescribed by article 19 of chapter 79 of the Kansas Statutes
13  Annotated or acts amendatory thereof and supplemental thereto.
14    Nothing in this section shall be construed as restricting the authority
15  of cities to utilize the general fund or other revenue sources for the pur-
16  pose of promoting or securing the location or expansion of business and
17  industry.
18    Sec. 13.  K.S.A. 19-236 is hereby amended to read as follows: 19-236.
19  That in addition to the powers already given by law, the board of county
20  commissioners of each county shall have power at any meeting, in case
21  of great loss or damage to life or property, to assist in burying the dead,
22  caring for the wounded, rendering temporary aid to the distressed, pre-
23  venting disease and pestilence, and cleaning up debris, and to issue no-
24  fund warrants of the county therefor not exceeding one percent (1%) 1%
25  of the taxable property of the county, and to levy a tax at the first tax
26  levying period thereafter to pay such warrants. All such tax levies shall be
27  in addition to all other levies authorized or limited by law and shall not
28  be subject to the aggregate tax levy prescribed in article 19 of chapter 79
29  of the Kansas Statutes Annotated, and amendments thereto. Such war-
30  rants shall be issued, registered, redeemed and bear interest in the man-
31  ner and in the form prescribed by K.S.A. 79-2940 and amendments
32  thereto, except they shall not bear the notation required by said such
33  section and shall be issued without the approval of the state board of tax
34  appeals.
35    Sec. 14.  K.S.A. 19-2803 is hereby amended to read as follows: 19-
36  2803. The board of county commissioners is authorized to levy a tax not
37  to exceed the limitation prescribed by K.S.A. 79-1947, and amendments
38  thereto, for the creation of a fund to be used for the purposes set forth
39  in K.S.A. 19-2801 and amendments thereto and for the purpose of paying
40  a portion of the principal and interest on bonds issued under the authority
41  of K.S.A. 1979 Supp. 12-1774, and amendments thereto, by cities located
42  in the county.
43    Sec. 15.  K.S.A. 19-2803e is hereby amended to read as follows: 19-
SB 7--Am. by HCW
                                     

 1  2803e. Whenever a county lake and recreational grounds shall be estab-
 2  lished under the authority of this act, the board of county commissioners
 3  of such county shall make an annual tax levy in an amount not to exceed
 4  the limitation prescribed by K.S.A. 1979 Supp. 79-1947, for the creation
 5  of a lake and recreational grounds fund to be used for the supervision,
 6  maintenance and improvement of said the lake and recreational grounds
 7  and to pay a portion of the principal and interest on bonds issued under
 8  the authority of K.S.A. 1979 Supp. 12-1774, and amendments thereto, by
 9  cities located in the county. Said tax levy shall be in addition to all the tax
10  levies authorized or limited by law and shall not be subject to or within
11  any aggregate tax levy limit prescribed by K.S.A. 1979 Supp. 79-1947, or
12  acts amendatory thereof or supplemental thereto.
13    Sec. 16.  K.S.A. 19-3105 is hereby amended to read as follows: 19-
14  3105. The board of county commissioners is hereby authorized to make
15  an annual tax levy not to exceed the limitation prescribed by K.S.A. 1979
16  Supp. 79-1947 on all taxable tangible property of the county for the pur-
17  pose of providing a fund to be used for the maintenance and care of any
18  cemetery acquired under the provisions of this act and for the purpose
19  of obtaining additional land for any such cemetery and to pay a portion
20  of the principal and interest on bonds issued under the authority of K.S.A.
21  1979 Supp. 12-1774, and amendments thereto, by cities located in the
22  county. The tax levy authorized by this section shall be in addition to all
23  other county tax levies authorized by law and shall not be subject to any
24  aggregate tax levy limitation prescribed by law.
25    Sec. 17.  K.S.A. 19-3106 is hereby amended to read as follows: 19-
26  3106. In any county in this state in which there is located a cemetery or
27  other burial place in which three or more human bodies have been in-
28  terred, and which cemetery or burial place has been abandoned and not
29  cared for, for a period of at least five years, the board of county commis-
30  sioners of said the county is hereby authorized to provide for the care of
31  such cemetery or burial place. For the purpose of providing funds for
32  such care and to pay a portion of the principal and interest on bonds
33  issued under the authority of K.S.A. 1979 Supp. 12-1774, and amend-
34  ments thereto, by cities located in the county, the board of county com-
35  missioners is authorized to make an annual tax levy not to exceed the
36  limitation prescribed by K.S.A. 1979 Supp. 79-1947, on all taxable tan-
37  gible property of said the county. Said tax levy shall be in addition to all
38  other levies authorized or limited by law, and shall not be subject to or
39  within any aggregate tax levy limitation prescribed by article 19 of chapter
40  79 of the Kansas Statutes Annotated or acts amendatory thereof or sup-
41  plementary thereto.
42    Sec. 18.  K.S.A. 19-3305 is hereby amended to read as follows: 19-
43  3305. For the purpose of maintaining and operating such flood control
SB 7--Am. by HCW
                                     

 1  works as shall be constructed by the United States army corps of engi-
 2  neers or other agency of the United States government, when the same
 3  shall have been completed and turned over to the county and to pay a
 4  portion of the principal and interest on bonds issued under the authority
 5  of K.S.A. 1979 Supp. 12-1774, and amendments thereto, by cities located
 6  in the county, the board of county commissioners of such county shall be
 7  empowered to make an annual tax levy upon all of the taxable tangible
 8  property within said the county, in an amount not to exceed the limitation
 9  prescribed by K.S.A. 1979 Supp. 79-1947, and such levy shall be in ad-
10  dition to all other levies authorized or limited by law. It shall be the duty
11  of the board of county commissioners and the county engineer to keep
12  all such flood control works in serviceable condition and to make such
13  repairs as may, from time to time, may be necessary.
14    Sec. 19.  K.S.A. 19-4004 is hereby amended to read as follows: 19-
15  4004. In all counties wherein the board or boards of county commission-
16  ers in the event of a combination of counties has established a governing
17  board, the respective board or boards of county commissioners may levy
18  an annual tax upon all taxable tangible property in such county, which tax
19  shall not exceed the limitation prescribed by K.S.A. 1979 Supp. 79-1947,
20  for mental health services and to pay a portion of the principal and interest
21  on bonds issued under the authority of K.S.A. 1979 Supp. 12-1774, and
22  amendments thereto, by cities located in the county. The respective board
23  or boards of county commissioners may also levy an additional annual tax
24  upon all taxable tangible property in such county, which tax shall not
25  exceed the limitation prescribed by K.S.A. 1979 Supp. 79-1947, for men-
26  tal retardation services and to pay a portion of the principal and interest
27  on bonds issued under the authority of K.S.A. 1979 Supp. 12-1774, and
28  amendments thereto, by cities located in the county. The additional levy
29  authorized by this section for mental retardation services shall not be
30  made until a notice of intent to make such levy has been published in a
31  newspaper of general circulation in the county or counties involved by
32  the board or boards of county commissioners proposing to make such
33  levy, and such notice shall state that if a petition signed by five percent
34  (5%) 5% of the electors of the county shall file a protest petition within
35  sixty (60) 60 days of the date of such publication a proposition will be
36  submitted at an election called for the purpose in the county for approval
37  of the levy; if such proposition is approved or if no sufficient protest is
38  made, then the board or boards of county commissioners shall levy such
39  tax, but if a sufficient protest is made and such proposition is not ap-
40  proved, the levy will not be made. The proceeds thereof shall be placed
41  in the hands of the appropriate governing board to be administered as
42  provided by this act.
43    In addition thereto, to provide for the purchase of or the construction
SB 7--Am. by HCW
                                     

 1  of facilities for the community mental health center, and/or facility for
 2  the mentally retarded, the board or boards of county commissioners may,
 3  upon petition of the governing board, levy an annual tax on all taxable
 4  tangible property in their county, which tax shall not exceed the limitation
 5  prescribed by K.S.A. 1979 Supp. 79-1947, and to issue and sell general
 6  obligation bonds of such county, for the purpose of creating and providing
 7  a special fund to be used in acquiring a site for, and the building, equip-
 8  ping, repairing, remodeling and furnishing of a community mental health
 9  center, and/or facilities for the mentally retarded, or for any one or more
10  of such purposes. The additional levy authorized by this section shall not
11  be made until a notice of intent to make such levy has been published in
12  a newspaper of general circulation in the county or counties involved by
13  the board or boards of county commissioners proposing to make such
14  levy, and such notice shall state that if a petition signed by five percent
15  (5%) 5% of the electors of the county shall file a protest petition within
16  sixty (60) 60 days of the date of such publication a proposition will be
17  submitted at an election called for the purpose in the county for approval
18  of the levy; if such proposition is approved or if no sufficient protest is
19  made, then the board of county commissioners will make the levy of such
20  tax, but if a sufficient protest is made and such proposition is not ap-
21  proved, the levy will not be made. The board of county commissioners
22  shall proceed in the manner prescribed to be followed in such notice.
23  Said The tax levy may be made annually until sufficient funds have been
24  created for said the purpose or purposes, or if the county has issued and
25  sold general obligation bonds, the proceeds raised by the annual tax levy
26  shall be used to retire the general obligation bonds and said the tax levy
27  shall continue until the general obligation bonds have been retired. Such
28  federal, state or private funds as may be available may be accepted by the
29  board of county commissioners to be placed in the fund for operation of
30  or construction of a community mental health center, and/or facility for
31  the mentally retarded, as the case may be. Title to the building or build-
32  ings of the community mental health center, and/or facility for the men-
33  tally retarded, shall vest in the governing board which is responsible for
34  the maintenance and operation of the facilities if a combination of coun-
35  ties has established the center, but, if only one county has established the
36  mental health center or facilities for the mentally retarded, title shall vest
37  in the board of county commissioners of such county. If the board of
38  county commissioners has contracted with a nonprofit corporation to pro-
39  vide mental health services under K.S.A. 19-4007 or any, and amend-
40  ments thereto, the title to said the building or buildings shall vest in the
41  board of county commissioners and they may allow the nonprofit cor-
42  poration to use the buildings without charge.
43    Sec. 20.  K.S.A. 19-4011 is hereby amended to read as follows: 19-
SB 7--Am. by HCW
                                     

 1  4011. The county commissioners of a county entering into such an agree-
 2  ment with a community mental health center is hereby authorized to levy
 3  an annual tax in an amount not to exceed the limitation prescribed by
 4  K.S.A. 1979 Supp. 79-1947, upon all of the taxable tangible property in
 5  such county for the purpose of providing revenue to pay for the mental
 6  health services contracted for with the center and to pay a portion of the
 7  principal and interest on bonds issued under the authority of K.S.A. 1979
 8  Supp. 12-1774, and amendments thereto, by cities located in the county.
 9  The county commissioners of a county entering into such an agreement
10  with a community facility for the mentally retarded is hereby authorized
11  to levy an annual tax in an amount not to exceed the limitation prescribed
12  by K.S.A. 1979 Supp. 79-1947, upon all of the taxable tangible property
13  in such county for the purpose of providing revenue to pay for the mental
14  retardation services contracted for with the facility and to pay a portion
15  of the principal and interest on bonds issued under the authority of K.S.A.
16  1979 Supp. 12-1774, and amendments thereto, by cities located in the
17  county. Upon receipt of such tax moneys, the county commissioners shall
18  pay the amount agreed upon to the governing body of the center and/or
19  community facilities for the mentally retarded and said the governing
20  body is authorized to receive and expend such moneys to provide com-
21  munity mental health services.
22    Sec. 21.  K.S.A. 19-4102 is hereby amended to read as follows: 19-
23  4102. The board of county commissioners of any such county may, by
24  resolution, provide for the establishment of a countywide economic de-
25  velopment program and may provide for the financing thereof from its
26  general operating fund, or may levy a tax annually upon all the taxable
27  tangible property of the county in an amount not exceeding the limitation
28  prescribed by K.S.A. 79-1947, and amendments thereto, for the purpose
29  of creating a fund therefor and to pay a portion of the principal and
30  interest on bonds issued under the authority of K.S.A. 12-1774, and
31  amendments thereto, by cities located in the county. The tax levy herein
32  authorized shall be in addition to all other levies authorized by law. In
33  any year in which the board of county commissioners of any county shall
34  elect to levy any tax under the authority of this section, such board shall
35  cause a notice of its intention to make such levy to be published in the
36  official newspaper of the county, and if within 30 days next following the
37  date of the publication of such notice a petition, signed by electors equal
38  in number to not less than 5% of the electors of the county, requesting
39  an election thereon, shall be filed in the office of county election officer,
40  no such levy shall be made without such proposition having first been
41  submitted to and having been approved by a majority of the electors of
42  the county voting at an election called and held thereon. Any election
43  held under provisions of this section shall be subject to election laws
SB 7--Am. by HCW
                                     

 1  applicable to elections for approval of bonds issued by such county.
 2    Sec. 22.  K.S.A. 65-212 is hereby amended to read as follows: 65-212.
 3  The board of county commissioners of any such county may, upon the
 4  establishment of such mental health clinic, levy an annual tax in an
 5  amount not exceeding the limitation prescribed by K.S.A. 79-1947, and
 6  amendments thereto, upon all taxable tangible property in such county
 7  for the operation of such mental health clinic, and in addition thereto to
 8  provide for the construction of facilities for such mental health clinic and
 9  to pay a portion of the principal of and interest on bonds issued under
10  the authority of K.S.A. 12-1774, and amendments thereto, by cities lo-
11  cated in the county. In addition to the levy authorized for the operation
12  of such mental health clinic, the board of county commissioners may levy
13  an annual tax in an amount not exceeding the limitation prescribed by
14  K.S.A. 79-1947, and amendments thereto, on all taxable tangible property
15  in their county and may issue and sell general obligation bonds of such
16  county, for the purpose of creating and providing a special fund to be
17  used in acquiring a site for, and the building, equipping, repairing, re-
18  modeling and furnishing of a mental health clinic or for any one or more
19  of such purposes. Such levy may also be used to pay a portion of the
20  principal of and interest on bonds issued under the authority of K.S.A.
21  12-1774, and amendments thereto, by cities located in the county. Such
22  additional tax levy may be made annually until sufficient funds have been
23  created for such purpose or purposes, or if the county has issued and sold
24  general obligation bonds, the proceeds raised by the annual tax levy shall
25  be used to retire the general obligation bonds and such tax levy shall
26  continue until the general obligation bonds have been retired. Such fed-
27  eral, state or private funds as may be available may be accepted by the
28  board of county commissioners to be placed in the fund for operation of
29  or construction of a mental health clinic as the case may be. Title to the
30  building or buildings of the mental health clinic shall vest in the board of
31  county commissioners and they may allow the mental health clinic which
32  is subject to the jurisdiction of the joint board of health pursuant to K.S.A.
33  65-211, and amendments thereto, to use the building without charge. The
34  proceeds thereof shall be placed in the hands of the treasurer of the joint
35  board of health, to be administered as provided by K.S.A. 65-206, and
36  amendments thereto. No levy shall be made under the provisions of this
37  act until a resolution authorizing the making of such levies is passed by
38  the board of county commissioners and published in three successive
39  issues in a newspaper of general circulation within the county, whereupon
40  such levies may be made unless a petition in opposition to the same,
41  signed by electors equal in number to not less than 10% of the qualified
42  electors of such county who voted for the office of secretary of state in
43  the last preceding election, is filed with the county clerk of such county
SB 7--Am. by HCW
                                     

 1  within 30 days following the last publication of such resolution.
 2    In the event such petition is filed it shall be the duty of the board of
 3  county commissioners to submit the question to the voters at an election
 4  called for such purpose or at the next general election. None of the debt
 5  limitations prescribed by law for any such county shall apply to any bonds
 6  issued under the authority conferred by this act. The provisions of this
 7  act shall be supplemental to other existing health laws in the counties
 8  affected thereby, but shall in no way abrogate or amend any such other
 9  existing health laws.
10    Sec. 23.  K.S.A. 68-166 is hereby amended to read as follows: 68-166.
11  The board of county commissioners shall pay any expense incurred under
12  the authority conferred by this act from the general fund, road fund,
13  bridge fund or road and bridge fund of the county. If such board shall
14  deem it necessary, in order to provide sufficient revenue for the purpose
15  of installing, maintaining and operating any such lighting system, it is
16  hereby authorized to levy an annual tax in an amount not to exceed the
17  limitation prescribed by K.S.A. 79-1947, on all the taxable tangible prop-
18  erty in such county for the purpose of providing revenue for such pur-
19  poses and to pay a portion of the principal and interest on bonds issued
20  under the authority of K.S.A. 12-1774, and amendments thereto, by cities
21  located in the county. Such tax levy shall be in addition to all other tax
22  levies authorized or limited by law and shall not be subject to or within
23  the aggregate tax levy limitation prescribed by K.S.A. 79-1947 or acts
24  amendatory thereof. All moneys derived from such tax levy except an
25  amount to pay a portion of the principal and interest on bonds issued
26  under the authority of K.S.A. 12-1774, and amendments thereto, by cities
27  located in the county shall be placed in a special fund by the county
28  treasurer and shall only be used only for the purposes for which the tax
29  was levied.
30    Sec. 24.  K.S.A. 68-582 is hereby amended to read as follows: 68-582.
31  The board of any county and the governing body of any city may by
32  resolution propose the designation as a secondary arterial highway any
33  existing street (or a portion thereof), or a proposed new street within a
34  city in such county which is or would be a connecting link between county
35  roads and may enter into an agreement providing for the cooperative
36  financing of the construction, reconstruction, maintenance and repair of
37  such proposed secondary arterial highway under such terms as the board
38  and governing body shall agree upon. Such designation and agreement
39  shall set out the secondary arterial highway designation and its location,
40  a general description of the proposed improvement and an estimate of
41  the total cost thereof to each such city and county exclusive of any grants
42  from any other public agency, and shall become effective upon publica-
43  tion by the city in its official newspaper and by the county in its official
SB 7--Am. by HCW
                                     

 1  newspaper. Such agreement may be part of an agreement between the
 2  secretary of transportation, the county and the city. Any such agreement
 3  shall provide for sharing the costs of engineering and construction or
 4  other improvement of the designated secondary arterial highway, and for
 5  future maintenance by the city or by the county, upon such terms as the
 6  board and governing body may agree. The board and governing body of
 7  any county and city which have entered into such agreements may use
 8  any public funds available to such county or city for the construction,
 9  improvement or maintenance of such secondary arterial highway in like
10  manner as if it were a normal county road or a city street, may each issue
11  bonds as provided in K.S.A. 68-584, and amendments thereto and may
12  each levy an annual tax upon the assessed tangible valuation in such
13  county or city not to exceed the limitations prescribed by K.S.A. 79-1947,
14  79-1948, 79-1949, 79-1950, 79-1951, 79-1952 and 79-1953 for such pur-
15  pose and to pay a portion of the principal and interest on bonds issued
16  under the authority of K.S.A. 12-1774, and amendments thereto, by cities
17  located in the county.
18    Sec. 25.  K.S.A. 73-407 is hereby amended to read as follows: 73-407.
19  The management and control of a county building shall be vested in a
20  board of three trustees to be appointed by the county commissioners, and
21  if a city building, shall be appointed by the mayor of said the city. Such
22  trustees shall be residents of the county or city wherein the building is
23  located except that at least two of said the trustees shall have seen service
24  in the army, navy or marine corps of the United States in time of war.
25  One trustee shall be appointed for one year, one trustee for two years
26  and one trustee for three years, and thereafter each trustee shall be ap-
27  pointed for three years. Said trustee Trustees shall serve without com-
28  pensation and shall make annual reports and recommendations to the
29  proper county and the city officials.
30    The expense of maintenance of said the memorial shall be paid out of
31  the general fund of the county or city, or in case the same shall not be
32  sufficient, shall be paid out of a special fund which shall be created, for
33  which the counties. Counties or cities are authorized to make a levy upon
34  all taxable tangible property in the county or city in an amount not ex-
35  ceeding the limitation prescribed by K.S.A. 79-1947, 79-1948, 79-1949,
36  79-1950, 79-1951, 79-1952 and 79-1953 for such purpose and to pay a
37  portion of the principal and interest on bonds issued under the authority
38  of K.S.A. 12-1774, and amendments thereto, by cities located in the
39  county; and in counties having a population of more than seventeen thou-
40  sand (17,000) and less than twenty-two thousand (22,000), which contain
41  a first-class city, tax levy shall be in addition to all other levies authorized
42  or limited by law and shall not be subject to nor within any aggregate levy
43  prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated,
SB 7--Am. by HCW
                                     

 1  and any acts amendatory thereof. The board of trustees shall have full
 2  authority to lease all or any part of said the building for hire to any person
 3  or persons desiring to lease the same for a term not to exceed one year
 4  at a time and fix the rate and terms upon which the charge shall be made
 5  and collected therefor. The board of trustees of any such memorial in any
 6  city of the second class located in a county with a population of not less
 7  than twelve thousand (12,000) 12,000 and not more than fifteen thousand
 8  (15,000) 15,000 and having an assessed tangible valuation of not less than
 9  thirty-two million dollars ($32,000,000) $32,000,000 and not more than
10  thirty-five million dollars ($35,000,000) $35,000,000 is hereby authorized
11  to lease all or any part of said the memorial to the Kansas national guard
12  for a term of not to exceed ten (10) 10 years and to fix the rate and terms
13  upon which the charge shall be made and collected therefor. The board
14  of trustees of any such memorial in any city having a commission form of
15  government, and a population of more than one hundred fifty thousand
16  (150,000) 150,000, shall have full authority to lease any suitable portion
17  or portions of said the building to any concessionaire desiring to lease the
18  same, for a term of not to exceed ten (10) 10 years, and to fix the rate
19  and terms upon which the charge shall be made and collected therefor.
20    Sec. 26.  K.S.A. 76-326a is hereby amended to read as follows: 76-
21  326a. The boards of county commissioners of the several counties of this
22  state are hereby authorized to contribute in the aid of work authorized
23  by section 1 of chapter 48 of the 1919 Kansas Session Laws (now included
24  by reference in K.S.A. 76-326) K.S.A. 76-326, and amendments thereto,
25  under the directions direction of the state geologist, such amounts from
26  the general revenue fund of their counties as they may determine or from
27  the proceeds of a special tax levy in an amount not to exceed the limitation
28  prescribed by K.S.A. 79-1947, which said. Such boards are hereby au-
29  thorized to make a tax levy for said such purpose and to pay a portion of
30  the principal and interest on bonds issued under the authority of K.S.A.
31  12-1774, and amendments thereto, by cities located in the county in ad-
32  dition to all other tax levies provided by law and outside any aggregate
33  levy limit prescribed by article 19 of chapter 79 of the Kansas Statutes
34  Annotated. No such contribution shall be made by any county to said
35  work in any one year to an amount that will exceed one-tenth of one mill
36  upon the dollar of the assessed tangible valuation of such counties.
37    Sec. 27.  K.S.A. 82a-308 is hereby amended to read as follows: 82a-
38  308. Any expenses incurred in removing such obstructions as are men-
39  tioned in K.S.A. 82a-307 and amendments thereto, or damage to private
40  property, shall be paid out of the general fund of the respective counties
41  but if it shall appear that the obstructions were caused by owners of
42  adjoining property, the expenses shall be charged to the adjoining prop-
43  erty as a special tax to be levied and collected as other special taxes and
SB 7--Am. by HCW
                                     

 1  assessments. In the event that the general fund of any county shall not
 2  be sufficient to bear the cost of the operations mentioned in this section,
 3  including the maintenance of such streams or watercourses, then the
 4  board of county commissioners of such county may levy an annual tax not
 5  to exceed the limitation prescribed by K.S.A. 79-1947, upon all property
 6  in said the county for the purpose of creating a fund known as ``stream
 7  maintenance fund'' from which fund the costs and expenses of the op-
 8  eration herein provided for shall be paid and for the purpose of paying a
 9  portion of the principal and interest on bonds issued under the authority
10  of K.S.A. 12-1774, and amendments thereto, by cities located in the
11  county.
12    Sec. 28.  K.S.A. 12-1403 is hereby amended to read as follows: 12-
13  1403. For the purpose of providing a fund to obtain land for cemetery
14  purposes, the township trustees shall have authority to levy a tax not
15  exceeding the limitation prescribed by K.S.A. 79-1962, in any one year
16  upon all of the taxable tangible property in such township, to be levied
17  and collected as other taxes for township purposes are levied and col-
18  lected. The funds derived from such tax shall not be applied to any pur-
19  pose other than the object of the levy.
20    Sec. 29.  K.S.A. 12-1405 is hereby amended to read as follows: 12-
21  1405. All cities owning and controlling municipal cemeteries, are hereby
22  authorized to make an annual levy of a tax upon all taxable tangible prop-
23  erty in the city and townships, owning and controlling municipal or town-
24  ship cemeteries are hereby authorized to make an annual levy of a tax
25  upon all taxable tangible property in the city or township to be expended
26  in making permanent improvements in such cemeteries and upkeep of
27  the same and, in the case of cities, to pay a portion of the principal and
28  interest on bonds issued by such city under the authority of K.S.A. 12-
29  1774, and amendments thereto. The tax levies herein authorized for
30  townships shall not exceed the limitation prescribed by K.S.A. 79-1962
31  and shall be in addition to all other tax levies authorized or limited by law
32  and shall not be subject to or within any aggregate tax levy limit prescribed
33  by K.S.A. 79-1962 or any amendments thereto.
34    Sec. 30.  K.S.A. 19-807d is hereby amended to read as follows: 19-
35  807d. The township board in any township which is located in a county
36  in which is located a city having a population in excess of one hundred
37  thousand (100,000) 100,000 is hereby authorized to contribute funds to
38  the county for the purpose of providing sheriff's deputies in addition to
39  those otherwise provided, for the purpose of providing additional police
40  protection within such township and for the purpose of providing and
41  maintaining motorized equipment and radio equipment therefor. The
42  township board shall have power to determine the amount of such con-
43  tribution and the conditions under which such contributions shall be
SB 7--Am. by HCW
                                     

 1  made.
 2    When the township board informs the sheriff that such board intends
 3  to make a contribution pursuant to this section, the sheriff and the town-
 4  ship board shall enter into an agreement within twenty (20) 20 days there-
 5  after, which agreement shall specify the additional police protection to
 6  be provided and the funds to be contributed. Any and all such agreements
 7  relating to contribution of funds shall be by and between the township
 8  board and the sheriff with the approval of the board of county commis-
 9  sioners. For the purpose of providing funds to make such contributions,
10  the township board is hereby authorized and empowered to levy annually
11  a an annual tax not to exceed the limitation prescribed by K.S.A. 79-1962,
12  upon all taxable tangible property in such township and such tax shall be
13  in addition to all other levies authorized or limited by law and shall not
14  be subject to, or within the aggregate tax levy limits prescribed by K.S.A.
15  79-1962 and acts amendatory thereto.
16    Sec. 31.  K.S.A. 68-518c is hereby amended to read as follows: 68-
17  518c. (a)  The township board of any township located in a county not
18  operating under the county road unit system, is hereby authorized to
19  make an annual tax levy, in addition to all other tax levies now or otherwise
20  authorized by law, of not to exceed five mills for road purposes in an
21  amount which will be sufficient, when added to other revenues available
22  for such purposes, to finance the adopted budget of expenditures for road
23  purposes. Except as otherwise hereinafter provided, the annual tax levy
24  made under the authority conferred by this section shall not exceed the
25  limitation prescribed by K.S.A. 79-1962.
26    (b)  The township board of any such township desiring to levy an an-
27  nual tax for road purposes in an amount exceeding the limitation pre-
28  scribed by K.S.A. 79-1962, but in an amount not exceeding eight mills,
29  increase the authorized limit existing on the effective date of this act may
30  adopt a resolution authorizing such levy and shall publish the same once
31  each week for three consecutive weeks in a newspaper of general circu-
32  lation in the township. If within thirty 30 days after the date of the last
33  publication of such resolution a petition, signed by electors of the town-
34  ship equal in number to not less than ten percent 10% of the qualified
35  electors of the township who voted for the office of governor at the last
36  general election for such office, is filed in the office of the county election
37  officer no such increased levy shall be made without having been ap-
38  proved by a majority of the electors of the township voting at an election
39  called and held thereon. All elections held under the provisions of this
40  section shall be called and held in the manner prescribed by K.S.A. 10-
41  120, and amendments thereto.
42    Such additional tax levy (c)  Taxes imposed under this section [pur-
43  suant to subsection (b)] shall be levied on all the taxable tangible prop-
SB 7--Am. by HCW
                                     

 1  erty in the township outside of incorporated cities, and such tax levy shall
 2  not be subject to or within any aggregate tax levy limit prescribed by
 3  K.S.A. 79-1962, or acts amendatory thereof or supplemental thereto, and
 4  the moneys derived therefrom shall be used for the construction, recon-
 5  struction, improvement, repair and maintenance of township roads and
 6  culverts.
 7    Sec. 32.  K.S.A. 80-115 is hereby amended to read as follows: 80-115.
 8  The township board of any township which has a township hall, or which
 9  uses part of a township water department building or township fire de-
10  partment building as its township hall, is hereby authorized and empow-
11  ered to levy an annual tax in an amount not to exceed the limitation
12  prescribed by K.S.A. 79-1962, and amendments thereto, on the taxable
13  tangible property in such township, to provide a special fund for the
14  purpose of acquiring, repairing, equipping and maintaining such town-
15  ship hall, or to be used in purchasing and moving, or constructing a build-
16  ing and acquiring a site for, and the furnishing and equipping of any such
17  building, or a part of any site or building in conjunction with a site or
18  building for other township uses. No levy shall exceed a rate, which mul-
19  tiplied by the total assessed tangible valuation of the township will result
20  in producing more than the amount prescribed by K.S.A. 79-1962, and
21  amendments thereto, in any one year. Any unexpended balance remain-
22  ing in such special fund at the end of any fiscal year of the township may
23  be retained in such special fund and be expended in future years for any
24  of the purposes herein enumerated.
25    Sec. 33.  K.S.A. 80-119 is hereby amended to read as follows: 80-119.
26  Whenever no-fund warrants are issued under the authority of this act the
27  township board shall make a tax levy or levies sufficient to pay such war-
28  rants and the interest thereon. Such warrants may mature serially at such
29  yearly dates as to be payable by not more than five (5) tax levies. All such
30  tax levies shall be in addition to all other levies authorized or limited by
31  law and shall not be subject to the aggregate tax levy limitation prescribed
32  in article 19 of chapter 79 of the Kansas Statutes Annotated and amend-
33  ments thereto. Such warrants shall be issued, registered, redeemed and
34  bear interest in the manner and be in the form prescribed by K.S.A. 79-
35  2940, or any and amendments thereto, except they shall not bear the
36  notation required by said such section and may be issued without the
37  approval of the state board of tax appeals.
38    Sec. 34.  K.S.A. 80-808 is hereby amended to read as follows: 80-808.
39  The township board of any township which maintains and operates a
40  township library which is known as a Carnegie library is hereby authorized
41  and empowered to issue no-fund warrants in an amount not exceeding
42  four thousand dollars ($4,000) $4,000 for the purpose of providing funds
43  for the repair and reconstruction of the Carnegie library building of such
SB 7--Am. by HCW
                                     

 1  township. Whenever any township board shall issue warrants under the
 2  provisions of this section said, such board shall make a tax levy at the first
 3  tax levying period after such warrants are issued sufficient to pay the same
 4  and the interest thereon: Provided, That. If the township board shall
 5  deem deems it advisable not to make all of such levy in any one year, then
 6  said such township board may make an annual tax levy at not more than
 7  the next three (3) tax levying periods occurring after the issuance of such
 8  warrants, the total of which levies shall be sufficient to pay said such
 9  warrants and the interest thereon. The warrants shall be issued, regis-
10  tered, redeemed and bear interest in the manner and be in the form
11  prescribed by K.S.A. 79-2940, and amendments thereto, except that such
12  warrants shall not bear the notation required by said section K.S.A. 79-
13  2940, and amendments thereto, and may be issued without the approval
14  of the state board of tax appeals, and any surplus existing after the issuance
15  of said such warrants shall be handled in the manner prescribed by said
16  section K.S.A. 79-2940, and amendments thereto. Such township board
17  is hereby authorized and empowered to expend all moneys raised by no-
18  fund warrants issued under the provisions of this section although such
19  expenditures were not included in the budget for the year in which such
20  warrants were issued. The tax levy herein authorized shall be in addition
21  to all other tax levies authorized or limited by law and shall not be subject
22  to or within the aggregate tax levy limit prescribed by K.S.A. 79-1962.
23    Sec. 35.  K.S.A. 80-903 is hereby amended to read as follows: 80-903.
24  Any township issuing bonds under this act shall annually levy a tax suffi-
25  cient to pay the interest thereon, and after five (5) years an amount
26  sufficient to create a sinking fund to pay the principal at maturity; and
27  any township purchasing or acquiring or acting as trustee for grounds for
28  a park or parks, or cemetery or cemeteries is empowered and authorized
29  to annually levy and collect a tax, not exceeding the limitation prescribed
30  by K.S.A. 79-1962, in any one (1) year to provide a fund for the purpose
31  of meeting the annual expense of such grounds, and such other improve-
32  ments as the township board may deem deems necessary.
33    Sec. 36.  K.S.A. 80-932 is hereby amended to read as follows: 80-932.
34  The township board of any township is hereby authorized and empowered
35  to levy an annual tax in an amount not to exceed the limitation prescribed
36  by K.S.A. 79-1962, on all taxable tangible property in such townships,
37  including such property of cities of the third class, for the purpose of
38  providing funds to be used for the care and maintenance of cemeteries
39  in such townships for which no provision is made by law for the levying
40  of taxes for such care and maintenance, or said township board may ex-
41  pend a sum not to exceed fifty dollars ($50) per year from the general
42  fund of the township in lieu of said levy. The tax levy herein authorized
43  shall be in addition to all other tax levies authorized by law and shall not
SB 7--Am. by HCW
                                     

 1  be subject to the aggregate tax levy limit prescribed by K.S.A. 79-1962 or
 2  any amendments thereto.
 3    Sec. 37.  K.S.A. 80-1417 is hereby amended to read as follows: 80-
 4  1417. The governing body of any city of the third class having a population
 5  of not to exceed three hundred (300) 300, located within a township
 6  having a township hall and in a county with a population of not less than
 7  forty-five hundred (4,500) 4,500 nor more than fifty-five hundred (5,500)
 8  5,500 is hereby authorized and empowered to enter into a contract with
 9  the township board of said the township for the joint ownership, main-
10  tenance, repair, remodeling, and equipping of said the township hall: Pro-
11  vided, That, but before such an agreement may be entered into, a petition
12  signed by at least fifty percent (50%) 50% of the residents of said such
13  city as determined by the total vote cast for secretary of state at the last
14  preceding election, shall be submitted to the governing body of said such
15  city requesting that such a contract be entered into. When the governing
16  body determines that such petition is proper, they the governing body
17  shall then adopt a resolution authorizing the city to enter into such a
18  contract.
19    The township board, upon receipt of such resolution, shall meet and
20  if they determine determined that a contract should be entered into, the
21  board shall adopt a resolution authorizing such contract. Thereafter, the
22  governing body of the city and the township board are authorized to enter
23  into a contract, which contract shall provide that the township hall shall
24  be under the joint ownership of the city and township and shall be main-
25  tained, remodeled, equipped and kept in repair jointly by said such town-
26  ship and city. Said The contract shall be approved by a majority of the
27  governing body of the city and of the township board.
28    After said the contract has been entered into, the township board is
29  authorized and empowered to levy an annual tax for the years 1951 and
30  1952 of not to exceed five (5) mills, and thereafter, an annual tax of not
31  to exceed two (2) mills on the dollar on all of the taxable tangible property
32  of said such cities of the third class for the purpose of providing funds to
33  be used for the maintenance, equipping, remodeling and repair of said
34  the township hall. Said tax levies shall be in addition to all other tax levies
35  authorized or limited by law and shall not be subject to any aggregate tax
36  levy limits prescribed by article 19 of chapter 79 of the General Statutes
37  of 1949.
38    Sec. 38.  K.S.A. 1996 Supp. 80-1503 is hereby amended to read as
39  follows: 80-1503. (a) Townships are hereby authorized and empowered
40  to levy a special tax not to exceed one mill on all tangible property in the
41  township not including a corporate city in a sufficient amount to join with
42  a municipality or township for the purposes as provided in K.S.A. 80-
43  1501, and amendments thereto, or to pay the compensation agreed upon
SB 7--Am. by HCW
                                     

 1  by contract under authority of K.S.A. 80-1502, and amendments thereto.
 2    (b)  The township board, by adopting the appropriate resolution, may
 3  levy a tax of more than one mill for the purposes authorized by subsection
 4    (a). Any resolution increasing the amount of the tax currently levied by
 5  the township board and any subsequent increase thereof shall be pub-
 6  lished once each week for two consecutive weeks in a paper of general
 7  circulation within the township. The township board may make such levy
 8  unless, within 30 days following final publication of the resolution, a pro-
 9  test petition signed by 10% of the qualified voters of the township is filed
10  with the township clerk. If a sufficient petition is filed, such additional
11  tax shall not be levied until approved by a majority of the voters voting
12  at an election thereon. Such election shall be called and held in the man-
13  ner provided by the general bond law. If a levy is imposed pursuant to
14  this subsection, no other levies for the purposes authorized by subsection
15    (a) shall be made on such property.
16    (c)  Counties are hereby authorized and empowered to levy an annual
17  tax of not to exceed 1/2 mill on the dollar on all the taxable tangible prop-
18  erty in such county for the purposes as provided in K.S.A. 80-1501, and
19  amendments thereto, or to pay the compensation agreed upon by contract
20  under authority of K.S.A. 80-1502, and amendments thereto, and to pay
21  a portion of the principal and interest on bonds issued under the authority
22  of K.S.A. 12-1774, and amendments thereto, by cities located in the
23  county.
24    Such tax levy shall be in addition to all other tax levies authorized or
25  limited by law and shall not be subject to the aggregate tax levy limit
26  prescribed by K.S.A. 79-1947, and amendments thereto.
27    Sec. 39.  K.S.A. 80-1509 is hereby amended to read as follows: 80-
28  1509. The township board shall annually provide for the levying of a tax
29  of not to exceed .50 mills levy a tax upon the tangible taxable property
30  in said such benefit district and within the township sufficient to pay the
31  compensation agreed upon in the contract with the municipality. Such
32  tax levy shall be in addition to all other tax levies authorized or limited by
33  law and shall not be subject to any of the limitations prescribed by K.S.A.
34  79-1962 or acts amendatory thereof or supplemental thereto.
35    Sec. 40.  K.S.A. 80-1537 is hereby amended to read as follows: 80-
36  1537. Annual tax levies may be made by such township in an amount not
37  to exceed the limitation prescribed by K.S.A. 79-1962, on all the taxable
38  tangible property of the township, including such property of the city
39  which is a party to such agreement. Such levy shall be in addition to all
40  other levies authorized by law and shall be outside the aggregate levy
41  limitations provided in K.S.A. 79-1962, and acts amendatory thereof or
42  supplemental thereto.
43    Sec. 41.  K.S.A. 80-1806 is hereby amended to read as follows: 80-
SB 7--Am. by HCW
                                     

 1  1806. Any township or townships of the urban class in the state of Kansas
 2  is hereby authorized and empowered to make a tax levy in such amount
 3  as may be necessary in order to provide the necessary funds for the pay-
 4  ment of the township share of registration and election expenses. Such
 5  tax levy shall be in addition to all other tax levies authorized or limited by
 6  law and the provisions of K.S.A. 79-1962 and 79-1962a, or any amend-
 7  ments thereto, shall not be applicable to such tax levy. All money raised
 8  by such tax levy shall be credited by the county treasurer to a special fund
 9  and the county shall be reimbursed from such fund for the registration
10  and election expenses which it has paid on behalf of such township, but
11  if there be an insufficient amount in such fund to pay the cost chargeable
12  to such township, the county shall be reimbursed for the remainder from
13  the township general fund. If the township does not make the levy au-
14  thorized by this act, then the county shall be reimbursed for registration
15  and election:theenses paid on behalf of such township from the township
16  general fund. No money raised under the tax levy authorized by this act
17  shall be withdrawn from the county treasury by the township and if there
18  be a balance existing therein after the payment of registration and election
19  expenses for any year, the same shall be held in the county treasury to
20  the credit of such township and used to pay registration and election
21  expenses incurred in subsequent years.
22    Sec. 42.  K.S.A. 80-1903 is hereby amended to read as follows: 80-
23  1903. The township board of any such township shall have power to levy
24  a tax not exceeding the limitation prescribed by K.S.A. 79-1962, and
25  amendments thereto, upon all taxable tangible property within such town-
26  ship, for the purpose of paying the expense of providing rescue service
27  and equipping, operating and maintaining such fire department or con-
28  tracting with another fire department for the furnishing of rescue service
29  or fire protection. Such tax levy shall be in addition to all other tax levies
30  authorized or limited by law. In any county having a population of more
31  than 150,000 and less than 250,000 the township levy herein authorized
32  shall not exceed the limitation prescribed therefor by K.S.A. 79-1962, and
33  amendments thereto, on all taxable tangible property of the township, for
34  the purposes specified in this section. The tax levy shall be in addition to
35  all other tax levies authorized or limited by law.
36    Sec. 43.  K.S.A. 80-1909 is hereby amended to read as follows: 80-
37  1909. In any township where a township fire department has been created
38  under the provisions of this act, the township board shall have authority,
39  subject to an election as hereinafter provided, to issue bonds for the
40  purpose of purchasing land, constructing or purchasing buildings to be
41  used as fire stations, constructing or purchasing fire equipment and sup-
42  plies and for the payment of other necessary expenses incident thereto.
43  Before any such bonds are issued, the question of their issuance shall be
SB 7--Am. by HCW
                                     

 1  submitted to the voters of such township at a general or special election
 2  to be called by the township board by resolution and to be held under
 3  the provisions of article 1, chapter 10 of the Kansas Statutes Annotated,
 4  and the affirmative vote of a majority of the votes cast at such election
 5  shall be sufficient to authorize the issuance of such bonds.
 6    The township board may also submit, at such election, the question
 7  whether the tax levy provided in K.S.A. 80-1903 hereof, and amendments
 8  thereto, shall be in excess of the aggregate tax limitations provided for
 9  townships by K.S.A. 79-1962 and any other limitations provided by law
10  two mills, or four mills for townships in counties having a population of
11  more than 150,000 and less than 250,000, and if a majority of the votes
12  cast at such election shall be in the affirmative, the township board shall
13  thereafter be authorized to make such levy without regard to such limi-
14  tations. The expense of any special election called under the provisions
15  hereof may be paid out of the proceeds of the bond issue, if such bonds
16  shall be authorized at such election, otherwise from the general fund of
17  the township:  Provided, however, That. Only a single election board shall
18  serve in any precinct at any such special election.
19    Sec. 44.  K.S.A. 80-1916 is hereby amended to read as follows: 80-
20  1916. Any such township may create a township fire department to fur-
21  nish fire protection within such township and such fire department shall
22  be operated under the direction of the township board and said such
23  board shall have power to levy an annual tax not to exceed the limitation
24  prescribed by K.S.A. 79-1962, on all the taxable tangible property in such
25  township, for the purpose of paying the expenses of equipping, operating
26  and maintaining such fire department. Said tax levy shall be in addition
27  to all other tax levies authorized or limited by law and shall not be subject
28  to the aggregate tax levy limit prescribed by K.S.A. 79-1962, or acts amen-
29  datory thereof.
30    Sec. 45.  K.S.A. 80-1920 is hereby amended to read as follows: 80-
31  1920. Subject to the provisions of K.S.A. 1986 Supp. 19-270, and amend-
32  ments thereto, and upon the presentation of such petition, the township
33  board of any such township shall create a township fire department. Such
34  township board is hereby authorized and empowered to purchase fire-
35  fighting equipment for the use of the fire department and to provide
36  buildings for the housing and storage of the same. For the purpose of
37  raising funds to pay the cost of such equipment and housing facilities, the
38  township board is hereby empowered to issue no-fund warrants in an
39  amount not exceeding $12,000. After the issuance of such no-fund war-
40  rants, the township board shall make a tax levy at the first tax-levying
41  period after such warrants are issued, sufficient to pay such warrants and
42  the interest thereon. In lieu of making only one tax levy, such board, if it
43  deems it advisable, may make a tax levy each year for not to exceed five
SB 7--Am. by HCW
                                     

 1  years in approximately equal installments for the purpose of paying the
 2  warrants and the interest thereon.
 3    All such tax levies shall be in addition to all other levies authorized or
 4  limited by law and shall not be subject to the aggregate tax levy limitation
 5  prescribed by K.S.A. 79-1962, and amendments thereto. Such warrants
 6  shall be issued, registered, redeemed and bear interest in the manner and
 7  be in the form prescribed by K.S.A. 79-2940, and amendments thereto,
 8  except they shall not bear the notation required therein and may be issued
 9  without the approval of the board of tax appeals. Any surplus existing
10  after the redemption of the warrants shall be handled in the manner
11  prescribed by K.S.A. 79-2940, and amendments thereto. None of the
12  provisions of the cash-basis and budget laws of this state shall apply to
13  any expenditures made, the payment of which has been provided for by
14  the issuance of such no-fund warrants.
15    Sec. 46.  K.S.A. 80-1921 is hereby amended to read as follows: 80-
16  1921. The township board of any such township shall have full direction
17  and control over the operation of such township fire department and shall
18  provide for the organization of volunteer members of such department,
19  to be compensated at a specified rate when attending fires, and may
20  provide special clothing and equipment for such volunteers, and may
21  insure such volunteers against accidental death and injury in the perform-
22  ance of their duties, and may do all other things necessary or desirable
23  to maintain and operate such department so as to furnish fire protection
24  to the inhabitants of such township. Such township board may levy an
25  annual tax of not to exceed the limitation prescribed by K.S.A. 79-1962,
26  and amendments thereto, on all the taxable tangible property in such
27  township for the purpose of paying the expenses of equipping, operating
28  and maintaining such fire department. Any tax levy authorized by this
29  section shall be in addition to all other tax levies authorized or limited by
30  law and shall not be subject to the aggregate tax levy limit prescribed by
31  K.S.A. 79-1962, and amendments thereto, and shall be in addition to the
32  tax levy made to pay for no-fund warrants issued pursuant to K.S.A. 80-
33  1920, and amendments thereto. Except as otherwise specifically provided
34  in this act, the provisions of K.S.A. 80-1906 and 80-1907, and amend-
35  ments thereto, shall apply to townships adopting the provisions of this
36  act.
37    In addition to the tax levy herein authorized, the township board of
38  Kickapoo, Tonganoxie, Easton, Fairmount, Sherman and Delaware town-
39  ships located in Leavenworth county may levy an annual tax of not to
40  exceed two mills on all the taxable tangible property in such township for
41  the purpose of purchasing additional equipment for such fire department.
42  If a petition in opposition to the tax levy authorized herein, signed by not
43  less than 5% of the qualified electors of such township is filed with the
SB 7--Am. by HCW
                                     

 1  township board of such township, within 40 days after the effective date
 2  of this act, the tax levy shall not be made unless first approved as a ques-
 3  tion submitted at the next general election or at a special election called
 4  for the purpose of submitting the question. If such a petition is filed, the
 5  township board may cause to be placed on the ballot at the next general
 6  election the question of whether such tax shall be levied. If a majority of
 7  the votes cast and counted at such election are in favor of the resolution,
 8  such governing body may levy the tax authorized herein. Upon this act
 9  taking effect it shall be published once each week for two consecutive
10  weeks in a newspaper having general circulation in the township.
11    Sec. 47.  K.S.A. 80-1924 is hereby amended to read as follows: 80-
12  1924. The governing body of the benefit district shall annually provide
13  for the levying of a tax of not to exceed one-half ( 1/2) mill upon the taxable
14  tangible property in such benefit district and within the township suffi-
15  cient to pay the compensation agreed upon in the contract with the town-
16  ship maintaining the fire department. Such tax levy shall be in addition
17  to all other tax levies authorized or limited by law and shall not be subject
18  to the aggregate tax levy limitation prescribed by K.S.A. 79-1962 or acts
19  amendatory thereof or supplemental thereto.
20    Sec. 48.  K.S.A. 80-2006 is hereby amended to read as follows: 80-
21  2006. (a) Whenever authorized by an election as herein provided, the
22  costs and expenses of constructing such main, intercepting and outfall
23  sewers and appurtenances, with or without sewage-disposal plant, as
24  above provided, together with the cost of acquiring land, engineering,
25  appraisers, legal and other incidental expense, excepting only such part
26  of the cost as may be borne by grant from the federal government, shall
27  be assessed against the lots and pieces of ground contained within the
28  sewage district, and shall be levied and collected as one tax, in addition
29  to the other taxes and assessments, and shall be certified by the governing
30  body of such sewage district to the county clerk, and be placed by him
31  or her such clerk upon the tax roll for collection, subject to the same
32  penalties, entitled to the same rebates, and collected in the same manner
33  as other taxes: Provided, That. The governing body may, in its discretion,
34  provide for the payment of the cost thereof by installments instead of
35  levying the entire tax or special assessment for such cost at one time; and
36  for such installments, they may issue bonds of the sewage district, which
37  bonds may mature serially or otherwise during a period of not more than
38  twenty-five 25 years from the date of issuance, and, except as herein
39  provided, shall be subject to all of the provisions of article 1, chapter 10,
40  of the Kansas Statutes Annotated. Any bonds issued for such purposes
41  shall be in addition to and may exceed the limits of bonds for any other
42  purposes as provided by law.
43    (b)  That If the county planning board and the board of county com-
SB 7--Am. by HCW
                                     

 1  missioners of any county in which a township sewage district has been
 2  created pursuant to the act of which this section is amendatory, each shall
 3  declare by resolution that a main, intercepting, or outfall sewer system
 4  or systems of such district, the plans and specifications of which have
 5  been finally approved, as provided in K.S.A. 80-2004, and amendments
 6  thereto, to be of public utility and necessary for the growth and needs of
 7  said county and necessary for the protection of the public health, the
 8  bonds issued under the authority of subsection (a) of this section shall be,
 9  in addition to being obligations of the township sewage district, general
10  obligations of the county. In case of default in the payment of such bonds
11  or the interest thereon by the sewage district, the board of county com-
12  missioners of the county in which such sewage district is located shall levy
13  a tax on the tangible property in such county sufficient to pay such bonds
14  and interest, which tax levy shall be in addition to all other tax levies
15  authorized or limited by law and shall not be subject to or within the
16  aggregate tax levy limit prescribed by K.S.A. 79-1947 or acts amendatory
17  thereof or supplemental thereto.
18    No statute limiting the amount of bonded indebtedness of any county
19  shall apply to any bonds issued under the authority of this section and
20  such bonds shall not be considered in applying any statute limiting
21  bonded indebtedness.
22    Sec. 49.  K.S.A. 80-2021 is hereby amended to read as follows: 80-
23  2021. The governing body of such sewage district shall have authority to
24  and shall levy an annual tax which shall not exceed ten mills upon the
25  dollar of assessed valuation of all real property upon taxable tangible prop-
26  erty within such sewage district, for the purpose of paying the expense
27  of operation and maintenance of the sewage system within such district;
28  and may use the proceeds of such tax for the maintenance of all sewers
29  in such district, including lateral sewers, however constructed, for the
30  operation of sewage disposal plant, and for the payment to any adjoining
31  city or township, with which such sewage district may have contracted
32  for the disposal of sewage, of the contract price therefor, and for all other
33  expense incident to the operation and maintenance of such sewage sys-
34  tem.
35    Whenever a sewage district has made tax levies as authorized by this
36  act and has accumulated a fund for the operation and maintenance of the
37  sewage system and has contracted with an adjacent city or township for
38  the disposal of sewage and other expenses incidental to the operation and
39  maintenance of such sewage system and when such district has accu-
40  mulated unexpended funds which are no longer necessary for the oper-
41  ation and maintenance of such system, the governing board of the sewage
42  district may transfer the whole or any portion of such accumulated and
43  unexpended funds to the township road fund or the fire department fund
SB 7--Am. by HCW
                                     

 1  or to the general fund of the township in which the sewage district was
 2  established. All levies of taxes authorized in this act shall be in addition
 3  to all other levies authorized or limited by law, and the provisions of
 4  K.S.A. 79-1962, and any other limitations provided for township tax levies,
 5  shall not be applicable thereto.
 6    Sec. 50.  K.S.A. 80-2201 is hereby amended to read as follows: 80-
 7  2201. The township board of any township, having a population of more
 8  than seven thousand five hundred (7,500) 7,500 and located in a county
 9  adjoining two cities either within or without the state each of which has
10  a population in excess of one hundred twenty thousand (120,000) 120,000,
11  if by resolution they deem the township board deems it necessary to pro-
12  tect the public health and welfare of the inhabitants of such township,
13  may acquire land by lease, purchase, or under the provisions of K.S.A.
14  26-501 to 26-516, inclusive, and amendments thereto, by condemnation,
15  within or without such township, to be used for the disposal of trash and
16  garbage collected from the inhabitants of such township. For the purpose
17  of acquiring such land and maintenance thereof, a tax levy in an amount
18  not to exceed the limitation prescribed by K.S.A. 79-1962, on all taxable
19  tangible property may be made for the first year, and thereafter a levy
20  not to exceed the limitation prescribed therefor by K.S.A. 79-1962, on all
21  taxable tangible property may be made annually, which said levies and
22  each of them shall be in addition to and outside of any other limit or
23  aggregate limit fixed by law for such township. The funds derived from
24  such levies shall be placed in a fund known as the ``garbage and trash
25  fund'' and be used only for the purpose of this act the garbage and trash
26  fund.
27    Sec. 51.  K.S.A. 80-2204 is hereby amended to read as follows: 80-
28  2204. Whenever the township board of any township located in a county
29  having a population of more than fifty-five thousand (55,000) 55,000 and
30  less than one hundred thousand (100,000) 100,000 finds and determines
31  by resolution that it is necessary to acquire a site or sites for the disposal
32  of garbage, rubbish and trash within or without the township, it the town-
33  ship board may acquire such site or sites by gift, purchase or condem-
34  nation and may construct necessary facilities thereon and purchase nec-
35  essary equipment for the disposal of such garbage, rubbish and trash. In
36  the event the township board of any such township finds that it is nec-
37  essary to acquire such site or sites by condemnation the governing body
38  of the county shall proceed under the provisions of chapter 26 of the
39  Kansas Statutes Annotated, and all acts amendatory thereof and supple-
40  mental thereto, or in substitution thereof. Whenever any such township
41  shall so condemn such a site or sites, such township shall acquire a fee
42  simple title thereto.
43    In order to pay for such site or sites and the construction of all necessary
SB 7--Am. by HCW
                                     

 1  facilities and equipment to be used in the disposal of garbage, rubbish
 2  and trash, the township board of such township is authorized to issue
 3  general obligation bonds of the township in the manner provided by the
 4  general bond law. Whenever such a site has been acquired, the township
 5  board may pay the cost of the operation and maintenance of the same
 6  from the general fund of the township or it may levy a special tax therefor
 7  at a rate not to exceed the limitation prescribed by K.S.A. 79-1962, on all
 8  taxable tangible property of the township. Any two (2) or more of such
 9  townships may join in the acquisition of a site or sites for the disposal of
10  garbage, rubbish and trash and the operation and maintenance of said
11  such sites as heretofore provided in this section; and the township boards
12  of such townships are hereby authorized and empowered to enter into
13  agreements for such purposes.
14    New Sec. 52.  Until [Except as provided by K.S.A. 79-2958, and
15  amendments thereto, until] the moneys levied for a specific purpose
16  are fully expended, they shall be maintained in their respective separate
17  levy fund.
18    Sec. 53.  K.S.A. 1996 Supp. 79-5028 is hereby amended to read as
19  follows: 79-5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive,
20  and amendments thereto, shall not apply to or limit the levy of taxes for
21  the payment of:
22    (a)  Principal and interest upon state infrastructure loans, bonds, tem-
23  porary notes, no-fund warrants and payments made to a public building
24  commission;
25    (b)  judgments, settlements and expenses for protection against lia-
26  bility to the extent such expenses are authorized by article 61 of chapter
27  75 of the Kansas Statutes Annotated and amendments thereto;
28    (c)  employer contributions for social security, workers compensation,
29  unemployment insurance, health care costs, employee benefit plans, and
30  employee retirement and pension programs;
31    (d)  expenses incurred by counties for district court operations under
32  the provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and
33  expenses incurred by counties for the detention of juveniles;
34    (e)  expenses incurred by counties for payment of out-district tuition
35  to community colleges pursuant to K.S.A. 71-301, and amendments
36  thereto, and expenses incurred by counties and townships for payment
37  of out-district tuition to municipal universities pursuant to K.S.A. 13-
38  13a26, and amendments thereto;
39    (f)  expenses incurred for the first time on and after January 1, 1996,
40  by cities in effectuating programs specifically enacted and administered
41  for the purpose of preventing juvenile delinquency and crime; or
42    (g)  expenses incurred by any taxing subdivision for rebates to owners
43  of property in connection with a neighborhood revitalization program
SB 7--Am. by HCW
                                     

 1  instituted in accordance with K.S.A. 1995 1996 Supp. 12-17,114 et seq.,
 2  and amendments thereto; or
 3    (h)  expenses incurred by any taxing subdivision necessary to interface
 4  with the state criminal justice information system.
 5    The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend-
 6  ments thereto, do not apply to the tax levies authorized or required under
 7  K.S.A. 19-4004, 19-4011, 65-212 and 65-215 and amendments thereto.
 8    Amounts produced from any taxes levied for purposes specified in this
 9  section shall not be used in computing any aggregate limitation under the
10  provisions of this act. In addition, amounts needed to be produced from
11  the levy of taxes by a taxing subdivision to replace the difference between
12  the amount of revenue estimated to be received by such taxing subdivision
13  pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990,
14  and the amount of such revenue estimated to be received by such taxing
15  subdivision in each year thereafter shall not be used in computing any
16  aggregate limitation under the provisions of this act. On or before June
17  1 of each year, information necessary to make such computation shall be
18  provided to each taxing subdivision by the appropriate county treasurer.
19    Section 1.  K.S.A. 1996 Supp. 79-5036 is hereby amended to
20  read as follows: 79-5036. (a) The governing body of any city may
21  elect, in the manner prescribed by and subject to the limitations
22  of section 5 of article 12 of the Kansas Constitution, to exempt such
23  city from the provisions of K.S.A. 79-5021 to 79-5033, inclusive, or
24  to modify the provisions thereof.
25    (b)  The governing body of any county may elect, in the manner
26  prescribed by and subject to the limitations of K.S.A. 19-101b, and
27  amendments thereto, to exempt such county from the provisions
28  of K.S.A. 79-5021 to 79-5033, inclusive, or to modify the provisions
29  thereof.
30    (c)  The governing body of any other taxing subdivision subject
31  to the provisions of K.S.A. 79-5021 to 79-5033, inclusive, may elect,
32  in the manner prescribed by and subject to the limitations of K.S.A.
33  19-101b, and amendments thereto, insofar as such section may be
34  made applicable, to exempt such subdivision from the provisions
35  of K.S.A. 79-5021 to 79-5033, inclusive, or to modify the provisions
36  thereof.
37    (d)  Whenever a charter ordinance or resolution is submitted for ap-
38  proval to the qualified electiors pursuant to the provisions of subsection
39    (a), (b) or (c), there shall be printed on the ballot following the proposition
40  a brief nontechnical statement expressing the intent or purpose of the
41  proposition and the effect of a vote for and a vote against the proposition.
42    Sec. 54. 2.  K.S.A. 1996 Supp. 79-5038 is hereby amended to read as
43  follows: 79-5038. The provisions of K.S.A. 79-5021 to 79-5036, inclusive,
SB 7--Am. by HCW
                                     

 1  and amendments thereto, shall expire on July 1, 1997 2001 1998.
 2    Sec. 55. 3.  K.S.A. 2-610, 2-1318, 2-1319, 2-1322, 2-2007, 3-121, 12-
 3  1403, 12-1405, 12-1617h, 19-236, 19-807d, 19-2803, 19-2803e, 19-3105,
 4  19-3106, 19-3305, 19-4004, 19-4011, 19-4102, 65-212, 68-166, 68-518c,
 5  68-582, 73-407, 76-326a, 79-1945, 79-1947, 79-1948, 79-1949, 79-1950,
 6  79-1951, 79-1952, 79-1953, 79-1962, 80-115, 80-119, 80-808, 80-903, 80-
 7  932, 80-1417, 80-1509, 80-1537, 80-1806, 80-1903, 80-1909, 80-1916,
 8  80-1920, 80-1921, 80-1924, 80-2006, 80-2021, 80-2201, 80-2204 and 82a-
 9  308 and K.S.A. 1996 Supp. 79-1946, 79-1947b, 79-5028, 79-5036 and
10  79-5038 and 80-1503 are hereby repealed.
11    Sec. 56. 4.  This act shall take effect and be in force from and after
12  its publication in the statute book.