CHAPTER 146 SENATE BILL No. 273 An  Act concerning certain municipalities; relating to the powers and duties of the govern-
ing bodies thereof; amending K.S.A. 68-102a and K.S.A. 1998 Supp. 19-101a and 68-
102 and repealing the existing sections; also repealing K.S.A. 1998 Supp. 19-101i.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 68-102 is hereby amended to read as
follows: 68-102. (a) Except as provided by subsection (b), applications for
laying out roads, or for viewing, reviewing, altering or vacating any road,
shall be by petition to the board of county commissioners, signed by at
least 12 householders of the county residing in the vicinity where the road
is to be laid out, viewed, reviewed, altered or vacated. At least one of the
petitioners shall post a bond with sufficient sureties, payable to the state
of Kansas for the use of the county, to be approved by the county com-
missioners, conditioned that the person signing such bond shall pay into
the treasury of the county the amount of all costs and expenses accruing
on the location, view, review, alteration or vacation, in case the proceed-
ings had in pursuance of the petition shall not be finally confirmed and
established. Upon the failure or refusal of the persons so bound, after a
liability shall have accrued, the county clerk of the county shall collect or
cause to be collected such costs and expenses, and pay the same into the
county treasury.

      (b) (a) Upon petition of any adjacent landowner, the board of county
commissioners may lay out, alter or vacate a road. The board of county
commissioners also may layout or alter any road when deemed necessary
by the board.

      (b) The board of county commissioners may vacate any road in the
county whenever the board determines such road is not a public utility
by reason of neglect, nonuse, or inconvenience or from other cause or
causes such road has become practically impassable and the necessity for
such road as a public utility does not justify the expenditure of the nec-
essary funds to repair such road or put the same in condition for public
travel.

      (c) Notice of the laying out, alteration or vacation of any road shall
be given in the manner provided by K.S.A. 68-102a, and amendments
thereto.

      Sec.  2. K.S.A. 68-102a is hereby amended to read as follows: 68-
102a. Before any road is laid out, altered or vacated without the presen-
tation of a petition for vacation, the county clerk shall give notice of the
proposed vacation the proposed action by publication once in the official
county newspaper and by sending notice by certified mail to each owner
of property adjoining the road, at the address where the owner's tax state-
ment is sent. The notice shall set forth a description of the road proposed
to be laid out, altered or vacated. Proceedings for the award of damages,
if any, to the property owners affected by vacation of any road as provided
for in this act, and such action, and any appeal therefrom, shall be made
in the same manner as provided in K.S.A. 68-107, and amendments
thereto. Any person or persons may make written application to the
county commissioners for payment for damage to property caused by the
vacation such action. The county commissioners shall not award damages
on account of the vacation unless there has been filed with the county
clerk, within 12 months after the entering of the order of vacation laying
out, altering or vacating such road, a written application giving a descrip-
tion of the premises for which damages or compensation are claimed.
The county commissioners shall determine the amount of damage sus-
tained, if any, by such claimant. All applications for damages shall be
forever barred unless they are presented as provided by this act.

      New Sec.  3. (a) The township board of Lecompton township located
in Douglas county, by resolution, may request the board of county com-
missioners of Douglas county to acquire land by purchase or eminent
domain for such township. The resolution shall describe the land which
the township desires to be acquired and the purpose for which it is to be
acquired. Such land shall be located in the township.

      The board of county commissioners shall call and hold a hearing on
such resolution. Notice of the hearing shall be published at least once
each week for two consecutive weeks in a newspaper of general circula-
tion in the township. At such hearing, any person who desires to appear
and speak shall be given the opportunity to be heard.

      (b) Following such hearing, the board of county commissioners may
adopt a resolution of intent to acquire the land, or any portion of such
land, described in the petition submitted by the township board. If the
board of county commissioners determines that land other than that de-
scribed in the petition is more suitable for the township purposes, the
board may adopt a resolution of intent to acquire such other land for the
township.

      Any resolution adopted pursuant to this subsection shall be published
at least once each week for two consecutive weeks in a newspaper of
general circulation in the township. If within 30 days following the date
of last publication, a petition signed by at least 5% of the qualified electors
of the township is filed with the county election officer, no land shall be
acquired pursuant to this section unless the question is submitted to and
approved by a majority of the qualified electors of the township voting at
an election thereon. Such election shall be called and held in the manner
provided by the general bond law.

      (c) If a sufficient petition is not filed or if the question has been
submitted and approved at an election as provided by subsection (b), the
board of county commissioners shall acquire, by purchase or eminent
domain, the land described in the resolution of intent. Upon acquisition
of such land, the board of county commissioners shall convey title thereto
to the township. The township shall reimburse the county for all expenses
incurred by the county relating to the acquisition of such land, including
notice and election expenses.

      (d) No more than three acres of land may be acquired pursuant to
this section. Any land acquired pursuant to this section shall be used for
township purposes.

      (e) The township board may construct, purchase or lease buildings
for township purposes. The board may join with any corporation, asso-
ciation, society or lodge in the construction or purchase and use of build-
ings or land acquired pursuant to this section, upon such terms and con-
ditions as may be agreed upon by such township and corporation,
association, society or lodge.

      (f) The township board may issue general obligation bonds of the
township to finance the costs of the acquisition of land and the construc-
tion and acquisition of township buildings. No such bonds shall be issued
unless such issuance is submitted to and approved by a majority of the
qualified electors of the township voting at an election called and held on
such issuance. Such election shall be called and held in the manner pro-
vided by the general bond law. The question of issuance of bonds may
be submitted at any election held pursuant to subsection (b).

      Sec.  4. K.S.A. 1998 Supp. 19-101a is hereby amended to read as
follows: 19-101a. (a) The board of county commissioners may transact all
county business and perform all powers of local legislation and adminis-
tration it deems appropriate, subject only to the following limitations,
restrictions or prohibitions:

      (1) Counties shall be subject to all acts of the legislature which apply
uniformly to all counties.

      (2) Counties may not consolidate or alter county boundaries.

      (3) Counties may not affect the courts located therein.

      (4) Counties shall be subject to acts of the legislature prescribing
limits of indebtedness.

      (5) In the exercise of powers of local legislation and administration
authorized under provisions of this section, the home rule power con-
ferred on cities to determine their local affairs and government shall not
be superseded or impaired without the consent of the governing body of
each city within a county which may be affected.

      (6) Counties may not legislate on social welfare administered under
state law enacted pursuant to or in conformity with public law No. 271--
74th congress, or amendments thereof.

      (7) Counties shall be subject to all acts of the legislature concerning
elections, election commissioners and officers and their duties as such
officers and the election of county officers.

      (8) Counties shall be subject to the limitations and prohibitions im-
posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,
prescribing limitations upon the levy of retailers' sales taxes by counties.

      (9) Counties may not exempt from or effect changes in statutes made
nonuniform in application solely by reason of authorizing exceptions for
counties having adopted a charter for county government.

      (10) No county may levy ad valorem taxes under the authority of this
section upon real property located within any redevelopment area estab-
lished under the authority of K.S.A. 12-1772, and amendments thereto,
unless the resolution authorizing the same specifically authorized a por-
tion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-
1774, and amendments thereto.

      (11) Counties shall have no power under this section to exempt from
any statute authorizing or requiring the levy of taxes and providing sub-
stitute and additional provisions on the same subject, unless the resolution
authorizing the same specifically provides for a portion of the proceeds
of such levy to be used to pay a portion of the principal and interest on
bonds issued by cities under the authority of K.S.A. 12-1774, and amend-
ments thereto.

      (12) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments thereto.

      (13) Except as otherwise specifically authorized by K.S.A. 12-1,101
to 12-1,109, inclusive, and amendments thereto, counties may not levy
and collect taxes on incomes from whatever source derived.

      (14) Counties may not exempt from or effect changes in K.S.A. 19-
430, and amendments thereto. Any charter resolution adopted by a
county prior to July 1, 1983, exempting from or effecting changes in
K.S.A. 19-430, and amendments thereto, is null and void.

      (15) Counties may not exempt from or effect changes in K.S.A. 19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.

      (16) Counties may not exempt from or effect changes in K.S.A. 13-
13a26, and amendments thereto. Any charter resolution adopted by a
county, prior to the effective date of this act, exempting from or effecting
changes in K.S.A. 13-13a26, and amendments thereto, is null and void.

      (17) Counties may not exempt from or effect changes in K.S.A. 71-
301, and amendments thereto. Any charter resolution adopted by a
county, prior to the effective date of this act, exempting from or effecting
changes in K.S.A. 71-301, and amendments thereto, is null and void.

      (18) Counties may not exempt from or effect changes in K.S.A. 19-
15,139, 19-15,140 and 19-15,141, and amendments thereto. Any charter
resolution adopted by a county prior to the effective date of this act,
exempting from or effecting changes in such sections is null and void.

      (19) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-
1226, and amendments thereto, or the provisions of K.S.A. 1998 Supp.
12-1260 to 12-1270, inclusive, and amendments thereto, and 12-1276,
and amendments thereto.

      (20) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-211, and amendments thereto.

      (21) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments thereto.

      (22) Counties may not regulate the production or drilling of any oil
or gas well in any manner which would result in the duplication of reg-
ulation by the state corporation commission and the Kansas department
of health and environment pursuant to chapter 55 and chapter 65 of the
Kansas Statutes Annotated and any rules and regulations adopted pur-
suant thereto. Counties may not require any license or permit for the
drilling or production of oil and gas wells. Counties may not impose any
fee or charge for the drilling or production of any oil or gas well.

      (23) Counties may not exempt from or effect changes in K.S.A. 79-
41a04, and amendments thereto.

      (24) Counties may not exempt from or effect changes in K.S.A. 79-
1611, and amendments thereto.

      (25) Counties may not exempt from or effect changes in K.S.A. 79-
1494, and amendments thereto.

      (26) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 19-202, and amendments thereto.

      (27) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 19-204, and amendments thereto.

      (28) Counties may not levy or impose an excise, severance or any
other tax in the nature of an excise tax upon the physical severance and
production of any mineral or other material from the earth or water. Any
resolution adopted by any county prior to the effective date of this act
imposing or levying any such tax is null and void.

      (29) Counties may not exempt from or effect changes in K.S.A. 79-
2017 or 79-2101, and amendments thereto. Any charter resolution
adopted prior to the effective date of this act, which affected the provi-
sions of K.S.A. 79-2017 or 79-2101, and amendments thereto, is hereby
declared to be null and void.

      (30) Counties may not exempt from or effect changes in K.S.A. 2-
3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219 or 65-171d or K.S.A.
1998 Supp. 2-3318, 17-5909 or 65-1,178 through 65-1,199, and amend-
ments thereto.

      (31) Counties may not exempt from or effect changes in section 3,
and amendments thereto.

      (b) Counties shall apply the powers of local legislation granted in
subsection (a) by resolution of the board of county commissioners. If no
statutory authority exists for such local legislation other than that set forth
in subsection (a) and the local legislation proposed under the authority
of such subsection is not contrary to any act of the legislature, such local
legislation shall become effective upon passage of a resolution of the
board and publication in the official county newspaper. If the legislation
proposed by the board under authority of subsection (a) is contrary to an
act of the legislature which is applicable to the particular county but not
uniformly applicable to all counties, such legislation shall become effec-
tive by passage of a charter resolution in the manner provided in K.S.A.
19-101b, and amendments thereto.

 Sec.  5. K.S.A. 68-102a and K.S.A. 1998 Supp. 19-101a, 19-101i and
68-102 are hereby repealed.

 Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 12, 1999.
__________