CHAPTER 105
HOUSE BILL No. 2902*
An Act concerning townships; relating to the powers and
duties thereof.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The township board of any township may
adopt a res-
olution proposing to transfer all powers, duties and functions of
the town-
ship board to the board of county commissioners of the county in
which
such township is located. Such resolution shall be submitted to the
qual-
ified electors of the township at an election called and held
thereon. Such
election shall be called and held in the manner provided by the
general
bond law. If a majority of the voters voting thereon vote in favor
thereof,
all powers, duties and functions of such township board shall be
trans-
ferred to the board of county commissioners of the county in which
such
township is located.
(b) Upon approval of the resolution by the voters, the
township board
shall pay over to the county treasurer of such county any and all
unused
money or funds or surplus funds in the hands of such township
board
which have been received or acquired by such township from any
source.
Upon receipt of the funds and moneys, the county treasurer shall
credit
the same to a special fund for each such township. The board of
county
commissioners shall expend the moneys in such special fund for the
ex-
ercise of the powers, duties and functions imposed by law upon
township
boards in the township from which it was received. The county
treasurer
shall credit and transfer to such special fund of each township all
tax
moneys in the treasurer's hands on the date the resolution was
approved
by the voters which were received by the treasurer in payment of
taxes
levied by such township for such purposes and all such taxes
thereafter
collected by the treasurer. The treasurer shall credit and transfer
all other
moneys in the treasurer's hands on the date the resolution was
approved
by the voters which were received by the treasurer for the use of
such
township for such purposes.
(c) Upon approval of the resolution by the voters, the
township board
shall turn over and deliver to the board of county commissioners of
such
county any and all assets and property such township has acquired.
Fol-
lowing the transfer of all assets and property to the board of
county com-
missioners, the township board of such township shall be and is
hereby
abolished.
(d) On or before the first Monday in July of each year the
board of
county commissioners shall prepare a budget of expenditures for the
ex-
ercise of the powers, duties and functions transferred to the
county. The
board shall itemize the expenses and amounts and the purposes
therefor.
Subject to the same limitations imposed by law on township boards,
the
board of county commissioners are hereby authorized to levy a tax
upon
all assessed taxable tangible property of the township sufficient
to raise
the amount for such expenditures. The money derived from such
levy
shall be deposited in the county treasury and credited to the
special fund
established pursuant to subsection (b).
(e) Upon presentation of a petition, signed by at least 20% of
the
qualified electors of the township, to the board of county
commissioners
requesting the board to adopt a resolution to return to the
township board
the powers, duties and functions transferred pursuant to this
section, the
board shall adopt a resolution to return to the township board the
powers,
duties and functions so transferred. Such resolution first shall be
submit-
ted to approval of the qualified electors of the township. Such
election
shall be called and held in the manner provided by the general bond
law.
No such petition shall be submitted to the board for at least two
years
following approval of a resolution pursuant to subsection (a). If
the res-
olution is approved by a majority of the qualified electors of the
township
voting at such election, the board of county commissioners shall
appoint
a township board who shall hold office until successors are elected
and
qualified at the next regular general election of the township.
Sec. 2. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved April 10, 1998
__________