As Amended by Senate Committee
         

          Session of 1998
                   
SENATE BILL No. 657
         
By Senator Harrington
         
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          10             AN ACT concerning certain roads and highways; relating to the mainte-
11             nance and supervision thereof. AN ACT concerning townships; re-
12             lating to the powers and duties thereof.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. (a) The township board of any township may adopt a res-
16       olution proposing to transfer all powers, duties and functions of the town-
17       ship board to the board of county commissioners of the county in which
18       such township is located. Such resolution shall be submitted to the qual-
19       ified electors of the township at an election called and held thereon. Such
20       election shall be called and held in the manner provided by the general
21       bond law. If a majority of the voters voting thereon vote in favor thereof,
22       all powers, duties and functions of such township board shall be trans-
23       ferred to the board of county commissioners of the county in which such
24       township is located.
25           (b) Upon approval of the resolution by the voters, the township board
26       shall pay over to the county treasurer of such county any and all unused
27       money or funds or surplus funds in the hands of such township board
28       which have been received or acquired by such township from any source.
29       Upon receipt of the funds and moneys, the county treasurer shall credit
30       the same to a special fund for each such township. The board of county
31       commissioners shall expend the moneys in such special fund for the ex-
32       ercise of the powers, duties and functions imposed by law upon township
33       boards in the township from which it was received. The county treasurer
34       shall credit and transfer to such special fund of each township all tax
35       moneys in the treasurer's hands on the date the resolution was approved
36       by the voters which were received by the treasurer in payment of taxes
37       levied by such township for such purposes and all such taxes thereafter
38       collected by the treasurer. The treasurer shall credit and transfer all other
39       moneys in the treasurer's hands on the date the resolution was approved
40       by the voters which were received by the treasurer for the use of such
41       township for such purposes.
42           (c) Upon approval of the resolution by the voters, the township board
43       shall turn over and deliver to the board of county commissioners of such

SB 657--Am.

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  1       county any and all assets and property such township has acquired. Fol-
  2       lowing the transfer of all assets and property to the board of county
  3       commissioners, the township board of such township shall be and
  4       is hereby abolished.
  5           (d) On or before the first Monday in July of each year the board of
  6       county commissioners shall prepare and submit to the township board a
  7       budget of expenditures for the exercise of the powers, duties and func-
  8       tions transferred to the county. The board shall itemize the expenses and
  9       amounts and the purposes therefor. The township board shall Subject
10       to the same limitations imposed by law on township boards, the
11       board of county commissioners are hereby authorized to levy a tax
12       upon all assessed taxable tangible property of the township sufficient to
13       raise the amount for such expenditures. The money derived from such
14       levy shall be deposited in the county treasury and credited to the special
15       fund established pursuant to subsection (b).
16           (e) Any township which has transferred powers, duties and functions
17       pursuant to this section may Upon presentation of a petition, signed
18       by at least 20% of the qualified electors of the township, to the
19       board of county commissioners requesting the board to adopt a res-
20       olution to return to the township board the powers, duties and func-
21       tions transferred pursuant to this section, the board shall adopt a
22       resolution to return to the township board the powers, duties and func-
23       tions so transferred. Such resolution first shall be submitted to approval
24       of the qualified electors of the township. Such election shall be called
25       and held in the manner provided by the general bond law. No such
26       resolution shall be adopted petition shall be submitted to the board
27       for at least two years following approval of a resolution pursuant to sub-
28       section (a). If the resolution is approved by a majority of the quali-
29       fied electors of the township voting at such election, the board of
30       county commissioners shall appoint a township board who shall
31       hold office until successors are elected and qualified at the next
32       regular general election of the township.
33           Sec. 2. This act shall take effect and be in force from and after its
34       publication in the statute book.
35      
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