CHAPTER 145 SENATE BILL No. 109 An  Act concerning certain municipalities; relating to the transfer of certain property ac-
quired for cemetery purposes; amending K.S.A. 19-3101 and 19-3103 and repealing the
existing sections; also repealing K.S.A. 19-3102.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 19-3101 is hereby amended to read as follows: 19-
3101. (a) The governing body of any city of the third class having a pop-
ulation of not less than 1,500 nor more than 2,200 located in a county
having a population of not less than 3,000 nor more than 4,500 is hereby
authorized and empowered to may donate and convey to the county in
which such property is located any lands or property which it has acquired
for cemetery purposes or which is now being used as a cemetery by such
city. Such donation and conveyance shall be made by the passage of an
ordinance by the governing body of such city. The board of county com-
missioners of any such county may accept such donation and conveyance
by the adoption of a resolution by the board of county commissioners
providing for such acceptance.

      (b) The township board of any township may donate and convey to
the county in which such property is located any lands or property which
the township has acquired for cemetery purposes or which is now being
used as a cemetery by such township. Such donation and conveyance shall
be made by the adoption of a resolution by the township board. The board
of county commissioners of any such county may accept such donation
and conveyance by the adoption of a resolution by the board of county
commissioners providing for such acceptance.

      Sec.  2. K.S.A. 19-3103 is hereby amended to read as follows: 19-
3103. Upon acceptance of such property by the board of county commis-
sioners, all cemeteries and cemetery property donated and conveyed to
the county under the provisions of K.S.A. 19-3101 and 19-3102 upon the
acceptance of the same by the board of county commissioners, and
amendments thereto, shall become the property of the county and shall
be used for cemetery purposes. If at the time of the conveyance of any
such cemetery lands or property to the county, any city or township shall
have on hand any tax moneys which were levied for the purpose of paying
for the maintenance and care of the cemetery so donated and conveyed,
the governing body of such city or township shall pay the same into the
county treasury for the benefit of the county to be general fund and shall
be used for the same purposes as the tax levy authorized by K.S.A. 19-
3105, and amendments thereto.

 Sec.  3. K.S.A. 19-3101, 19-3102 and 19-3103 are hereby repealed.

 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 19, 2003.
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