Session Law

Identifying Information:L. 2002 ch. 176
Other Identifying Information:2002 House Bill 2878
Tax Type:Other
Brief Description:An Act concerning certain municipalities; relating to the governing bodies thereof; relating to the powers and duties thereof; amending K.S.A. 12-1922, 12-1926, 12-1927 and 12- 1928 and K.S.A. 2001 Supp. 19-2765 and 19-4004 and repealing the existing sections; also repealing K.S.A. 12-1935.
Keywords:


Body:

CHAPTER 176

HOUSE BILL No. 2878


An Act concerning certain municipalities; relating to the governing bodies thereof; relating

to the powers and duties thereof; amending K.S.A. 12-1922, 12-1926, 12-1927 and 12-

1928 and K.S.A. 2001 Supp. 19-2765 and 19-4004 and repealing the existing sections;


also repealing K.S.A. 12-1935.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 12-1926 is hereby amended to read as follows: 12-

1926. (a) Except as provided by this section subsection (c), recreation

commissions shall consist of five members to be appointed as follows: (1)

Upon the adoption of the provisions of this act by the city or school district

acting independently, the governing body of such city or school district

shall appoint four persons who are residents of the taxing district to serve

as members of the recreation commission, the first appointee to serve for

four years, the second for three years, the third for two years, and the

fourth for one year, and the fifth member who also shall serve for four

years shall be appointed by the four appointee members of such com-

mission; or (2) upon the adoption of the provisions of this act by the city

and school district acting jointly, the governing bodies each shall appoint

two persons who are residents of the taxing district to serve as members

of the recreation commission, and the persons so selected shall select one

additional person, and all of such persons shall constitute the recreation

commission.

Of the members of the commission first selected by the school district,

one shall serve for a term of one year, and one for a term of four years;

one of those first selected by the governing body of the city shall serve

for a term of two years, and one for a term of three years. The additional

member shall serve for a term of four years. Thereafter, the members of

the commission shall be selected in the same manner as the member such

person is succeeding and the term of office of each shall be four years.

Any member of the recreation commission may be removed from the

commission, by the appointing authority, for any cause which would jus-

tify removal of an appointive officer of the city or school district. Except

for members first appointed to the commission, all commissioners not

filling a vacancy shall hold office for a term of four years and until their

successors are appointed and qualified. Whenever a vacancy occurs in the

membership of the commission, a successor shall be selected to fill such

vacancy in the same manner as and for the unexpired term of the member

such person is succeeding. The commission shall elect a chairperson and

secretary from their membership. The commissioners are hereby em-

powered to administer in all respects the business and affairs of the rec-

reation system. The treasurer of the city or school district to which is

certified the budget of the recreation commission shall serve as ex officio

treasurer of the recreation commission. Such treasurer shall keep an ac-

curate record of all money and property received and disbursed and shall

make a report thereof monthly to the commission, or as often as the

commission requires. Members of the commission and the ex officio trea-

surer of the commission shall serve without compensation.

(b) Any recreation commission established pursuant to K.S.A. 12-

1901 et seq., and amendments thereto, prior to the effective date of this

act may continue as constituted on the effective date of this act or may,

upon a majority vote of the commissioners, reorganize into a five-member

commission as provided by subsection (a). If the commission continues

as constituted on the effective date of this act, upon the expiration of the

term of a member, a person shall be appointed to the commission in the

same manner as the member such person is succeeding. The term of

office shall be four years. Whenever a vacancy occurs in the membership

of the commission, a successor shall be selected to fill such vacancy in

the same manner as and for the unexpired term of the member such

person is succeeding.

(c) From and after the effective date of this act, the Blue Valley rec-

reation system established by the Blue Valley unified school district No.

229 shall be governed by a recreation commission consisting of seven

members appointed by the board of education of such school district.

There shall be at least two residents of each member district of such

school district appointed to the recreation commission. The terms of of-

fice of members of the recreation commission serving prior to the effec-

tive date of this act shall expire on the effective date of this act, but such

members shall continue to serve until their successors are appointed here-

under. Members of the recreation commission serving prior to the effec-

tive date of this act may be reappointed as provided by this subsection.

Of the members first appointed to the commission after the effective date

of this act: (1) One member shall be appointed for a term of one year;

(2) two members shall be appointed for terms of two years; (3) two mem-

bers shall be appointed for terms of three years; and (4) two members

shall be appointed for terms of four years. Thereafter successors shall be

appointed for terms of four years and until their successors are appointed

and qualified. Members may be removed from the commission by the

board of education. Vacancies shall be filled by appointment for the unex-

pired term.

Any recreation commission having more than five members and estab-

lished prior to July 1, 2002, may continue as constituted on June 30, 2002,

or upon a majority vote of such commissioners, may reorganize into a five

member district as provided in subsection (a). If a recreation commission

having more than five members and established prior to July 1, 2002,

continues as constituted on June 30, 2002, upon the expiration of the term

of a member, a person shall be appointed to the recreation commission in

the same manner as the member such person is succeeding. The term of

office shall be four years. Whenever a vacancy occurs in the membership

of a recreation commission, a successor shall be selected to fill such va-

cancy in the same manner as and for the unexpired term of the member

such person is succeeding.

Sec. 2. K.S.A. 12-1927 is hereby amended to read as follows: 12-

1927. (a) Except as provided by subsection (b) The recreation commission

shall prepare an annual budget for the operation of the recreation system.

Prior to the certification of its budget to the city or school district, the

recreation commission shall meet for the purpose of answering and hear-

ing objections of taxpayers relating to the proposed budget and for the

purpose of considering amendments to such proposed budget. The rec-

reation commission shall give at least 10 days' notice of the time and place

of the meeting by publication in a weekly or daily newspaper having a

general circulation in the taxing district. Such notice shall include the

proposed budget and shall set out all essential items in the budget except

such groupings as designated by the director of accounts and reports on

a special publication form prescribed by the director of accounts and

reports and furnished with the regular budget form. The public hearing

required to be held herein shall be held not less than 10 days prior to the

date on which the recreation commission is required to certify its budget

to the city or school district. After such hearing the budget shall be

adopted or amended and adopted by the recreation commission. In order

to provide funds to carry out the provisions of this act and to pay a portion

of the principal and interest on bonds issued pursuant to K.S.A. 12-1774,

and amendments thereto, the recreation commission shall annually, not

later than August 1 of any year, certify its budget to such city or school

district which shall levy a tax sufficient to raise the amount required by

such budget on all the taxable tangible property within the taxing district.

Each year a copy of the budget adopted by the recreation commission

shall be filed with the city clerk in the case of a city-established recreation

system or with the clerk of the school district in the case of a school

district-established recreation system or with the clerk of the taxing dis-

trict in the case of a jointly established recreation system. A copy of such

budget also shall be filed with the county clerk of the county in which

the recreation system is located. If the recreation system is located in

more than one county, a copy of the budget shall be filed with the clerk

of the county in which the greater portion of the assessed valuation of

the recreation system is located. The city or school district shall not be

required to levy a tax in excess of the maximum tax levy set by the city

or school district by current resolution. In the case of a new recreation

commission established under the provisions of this act, such levy shall

not be required to exceed one mill. Whenever the recreation commission

determines that the tax currently being levied for the commission, as

previously established by the city or school district, is insufficient to op-

erate the recreation system and the commission desires to increase the

mill levy above the current levy, the commission shall request that the

city or school district authorize an increase by adopting a resolution de-

claring it necessary to increase the annual levy. The city or school district

may authorize the increase by resolution, but such increase shall not ex-

ceed one mill per year. The maximum annual mill levy for the recreation

commission general fund shall not exceed a total of four mills.

(b) Prior to adopting the budget pursuant to subsection (a), the Blue

Valley recreation commission appointed by the Blue Valley unified school

district No. 229 shall submit its proposed budget to the board of education

of such school district. The school board either shall approve, or modify

and approve, the proposed budget. The recreation commission shall

adopt such budget as approved, or modified and approved, by the board.

(c) Any resolution adopted under subsection (a) shall state the total

amount of the tax to be levied for the recreation system and shall be

published once each week for two consecutive weeks in the official news-

paper of the taxing district. Whereupon, such annual levy in an amount

not to exceed the amount stated in the resolution may be made for the

ensuing budget year and each successive budget year unless a petition

requesting an election upon the proposition to increase the tax levy in

excess of the current tax levy, signed by at least 5% of the qualified voters

of the taxing district, is filed with the county election officer within 30

days following the date of the last publication of the resolution. In the

event a valid petition is filed, no such increased levy shall be made without

such proposition having been submitted to and having been approved by

a majority of the voters of the taxing district voting at an election called

and held thereon. All such elections shall be called and held in the manner

provided by the general bond law, and the cost of the election shall be

borne by the recreation commission. Such taxes shall be levied and col-

lected in like manner as other taxes, which levy the city or school district

shall certify, on or before August 25 of each year, to the county clerk who

is hereby authorized and required to place the same on the tax roll of the

county to be collected by the county treasurer and paid over by the county

treasurer to the ex officio treasurer of the recreation commission.

(d) (c) The tax levy provided in this section shall not be considered a

levy of such city or school district under any of the statutes of this state,

but shall be in addition to all other levies authorized by law and, with

respect to any such levy made for the first time in 1989, shall not be

subject to the provisions of K.S.A. 79-5021 et seq., and amendments

thereto.

(e) (d) (1) At any time after the making of the first tax levy pursuant

to this act, the amount of such tax levy may be reduced by a majority of

the voters of the taxing district voting at an election called pursuant to a

petition and conducted in the same manner as that prescribed by sub-

section (c) (b). The authority of any recreation commission in existence

on the effective date of this act or any recreation commission established

under the provisions of this act to operate and conduct its activities, other

than the recreation commission appointed by the Blue Valley unified

school district No. 229, may be revoked in any year following the third

year of its operation by a majority of the voters of the taxing district voting

at an election called pursuant to a petition and conducted in the same

manner as that prescribed by subsection (c) (b). If the petition submitted

is for the purpose of reducing the mill levy, it shall state the mill levy

reduction desired. Upon revocation, all property and money belonging to

the recreation commission shall become the property of the taxing au-

thority levying the tax for the commission, and the recreation commission

shall be dissolved. In the event the authority of a recreation commission

is revoked pursuant to this subsection, the taxing authority may continue

to levy a tax in the manner prescribed by the petition language for the

purpose of paying any outstanding obligations of the recreation commis-

sion which exist on the date such authority is revoked. The authority to

levy a tax for this purpose shall continue only as long as such outstanding

obligations exist.

(2) If the recreation district whose authority is revoked owns any real

property at the time of such revocation, title to such real property shall

revert to the taxing authority.

(f) (e) All financial records of the recreation commission shall be au-

dited as provided in K.S.A. 75-1122, and amendments thereto, and a copy

of such annual audit report shall be filed with the governing body of the

city or school district, or both, in the case of a jointly established recre-

ation system. A copy of such audit also shall be filed with the county clerk

of the county in which the recreation system is located. If the recreation

system is located in more than one county, a copy of the budget shall be

filed with the clerk of the county in which the greater portion of the

assessed valuation of the recreation system is located. The cost of each

audit shall be borne by the recreation commission.

Sec. 3. K.S.A. 12-1928 is hereby amended to read as follows: 12-

1928. Every recreation commission appointed pursuant to this act shall

have the power to:

(a) Make and adopt rules and regulations for the operation of the

recreation system;

(b) conduct the activities of the recreation system on any property

under its custody and management, or, with proper consent, on any other

public property and upon private property with the consent of the owners;

(c) receive any gift or donation from any source;

(d) receive, accept and administer any money appropriated or

granted to it by the state or federal government or any agency thereof;

(e) purchase insurance. The city or school district to which the rec-

reation commission certifies its budget shall levy an annual tax upon all

taxable tangible property within the taxing district in an amount necessary

to pay for insurance purchased for those purposes authorized by K.S.A.

75-6111, and amendments thereto, and to pay a portion of the principal

and interest on bonds issued pursuant to K.S.A. 12-1774, and amend-

ments thereto, except that no levy shall be made under this subsection

which, when coupled with any levy made pursuant to subsection (j), is in

excess of one mill without the approval of the city or school district. Taxes

levied pursuant to this subsection shall be in addition to all other taxes

authorized or limited by K.S.A. 12-1927, and amendments thereto, or any

other provisions of law;

(f) sue and be sued;

(g) enter contracts;

(h) enter lease agreements for real and personal property. The term

of any such lease shall not exceed 10 years. Any such lease agreement

shall be subject to the approval of the city or school district to which the

recreation commission certifies its budget;

(i) employ a superintendent of recreation and any other employees

which may be necessary for proper operation of the recreation system;

(j) create and establish employee benefits contribution funds for the

purpose of paying the employer's share of any employee benefits, exclu-

sive of any salaries, wages or other direct payments to such employees,

as may be prescribed in the resolution creating such funds. The recreation

commission may receive and place in such funds any moneys from any

source whatsoever which may be lawfully utilized for the purposes stated

in the resolution creating such funds, including the proceeds of tax levies

authorized by law for such purposes. The city or school district to which

is certified the budget of any recreation commission which has established

employee benefits contribution funds pursuant to this subsection shall

levy an annual tax upon all taxable tangible property within the taxing

district in an amount determined by the recreation commission to be

necessary for the purposes for which such funds were created and to pay

a portion of the principal and interest on bonds issued pursuant to K.S.A.

12-1774, and amendments thereto, except that no levy shall be made

under this subsection which, when coupled with any levy made pursuant

to subsection (e), is in excess of one mill without the approval of the city

or school district. Taxes levied pursuant to this subsection shall be in

addition to all other taxes authorized or limited by K.S.A. 12-1927, and

amendments thereto, or any other provisions of law. For the purposes of

this subsection, employee benefits shall include social security as provided

by subsection (c) of K.S.A. 40-2305, and amendments thereto, workers'

compensation as provided by K.S.A. 44-505c, and amendments thereto,

unemployment compensation as provided by K.S.A. 44-710a, and amend-

ments thereto, health insurance and retirement benefits;

(k) acquire title to personal property by purchase, bequest, gift or

other donation and acquire title to real property by devise, gift or other

donation. No real property may be purchased by the recreation commis-

sion appointed by the Blue Valley unified school district No. 229 without

first obtaining the approval of the board of education of such school dis-

trict. Whenever property owned by a recreation commission is sold, the

proceeds shall be used for recreation purposes; and

(l) make improvements for recreation system purposes; and

(l) (m) perform any other acts necessary to carry out the provisions

of this act.

Sec. 4. K.S.A. 2001 Supp. 19-2765 is hereby amended to read as

follows: 19-2765. (a) Every improvement district incorporated under the

terms of this act K.S.A. 19-2753 et seq., and amendments thereto, shall

have the power to:

(1) (a) Adopt a seal.

(2) (b) Be sued and to sue by its corporate name.

(3) (c) Adopt resolutions prescribing the manner in which the powers

of the district shall be carried out, and generally regulating the affairs of

the district.

(4) (d) Plan and construct or to purchase public works and improve-

ments necessary for public health, recreation, convenience or welfare

within the limits of the improvement district. Also to construct or pur-

chase works outside the limits of the district which may be necessary to

secure outlets, disposal, etc., and permit satisfactory performance of the

works within the district.

(5) (e) Purchase, hold, sell and convey real estate and other property.

(6) (f) Take private property for public use by exercise of the right of

eminent domain as provided by law.

(7) (g) (i) (1) Annually levy and collect a general tax not exceeding

five mills on all taxable tangible property within the district, to create a

general fund. Unless consented to in writing by the owners of at least

90% of the total area of land in the improvement district, no such levy

shall be made by any improvement district where the density of popula-

tion thereof, as determined by the county clerk of the county in which

the district is located, on the basis of the assessment rolls for the last

assessment made for the county, does not exceed one resident for each

five acres of land, including platted land and unplatted land, located

within the district. (ii) (2) In addition to the levy authorized pursuant to

(i) (1), any improvement district located in McPherson county may levy

and collect annually a tax not exceeding 20 mills on all taxable tangible

property within the district to create a fund to provide street lights in the

district. (iii) (3) In lieu of the levy authorized under (i) (1), any improvement

district located in a county having a population of more than 150,000 and

less than 180,000 and having an assessed taxable tangible valuation in

such district of more than $300,000, may levy and collect annually a tax

not exceeding 15 mills on all taxable tangible property within the district

to provide moneys for the general fund and, in addition, may annually

levy and collect a tax of not to exceed seven mills on all taxable tangible

property within the district to provide moneys for law enforcement and

fire protection for all property located within the district, if, in either case,

51% of the qualified electors of the improvement district, as determined

and verified by the board of directors of the district, shall petition the

directors requesting that such levies be made. (iv) (4) Any improvement

district may annually levy and collect a general tax not exceeding six mills

on all taxable tangible property within the district to create a general fund,

but no levy in excess of five mills may be made unless the board of di-

rectors of such improvement district has published a resolution author-

izing a levy in excess of five mills once each week for three consecutive

weeks in a newspaper of general circulation within the district. If within

30 days after the last publication of such resolution, a petition protesting

such levy, signed by qualified electors of the improvement district equal

in number to not less than 10% of the electors voting at the last improve-

ment district election for directors, is filed with the county clerk of the

county in which such improvement district is located, no levy in excess

of five mills may be made. If no petition protesting the levy in excess of

five mills is filed within the prescribed time, the improvement district

may, annually thereafter, levy such general tax not exceeding six mills.

(8) (h) Levy assessments and special taxes, if deemed expedient by

the directors, upon all of the real estate in the district that may be ben-

efited by special works and improvements including the improvement

and maintenance of roads in the district, which will be conducive to the

public health, convenience or welfare.

(9) (i) Authorize the issuance of bonds to pay the cost of constructing

public works and improvements that will benefit all property located

within the district and be conducive to the public health, convenience, or

welfare and be beneficial to all of the inhabitants of the district. No such

bonds shall be issued unless consented to in writing by the owners of all

of the land in the improvement district or until authorized by a vote of

the taxpayers as hereinafter provided. The total amount of such bonds

outstanding shall not, unless consented to in writing by the owners of all

of the land in the improvement district, exceed 25% of the assessed val-

uation of the district as shown by latest assessment rolls. Unless consented

to in writing by the owners of at least 90% of the total area of land in the

improvement district, no such bonds shall be issued for the payment of

the cost of any improvement within any improvement district where the

density of population thereof, as determined by the county clerk of the

county in which the district is located, on the basis of the assessment rolls

for the last assessment made for the county does not exceed one resident

for each five acres of land, including platted land and unplatted land,

located within the district. Any improvement district having a population

of more than 2,000 and an assessed taxable tangible valuation of more

than $2,000,000 and located within a county having a population of more

than 300,000 is hereby authorized to issue revenue bonds the proceeds

of which shall be used only to purchase, construct, reconstruct, equip,

maintain or repair buildings and to acquire sites therefor, and to enlarge

or remodel such buildings and equip the same for the purposes set out

in and pursuant to the provisions of K.S.A. 12-1740 et seq., and amend-

ments thereto.

(10) (j) Contract with other improvement districts or with other pub-

lic corporations for cooperation or joint action in the construction of pub-

lic works or improvements. Also to contract for and receive aid, contri-

butions and loans from the United States government or any agency

thereof.

(11) (k) Establish by resolution of the board of directors reasonable

rates on charges for the use of the sewage disposal system of the district

and provide for the manner of the making and collection of the same.

``Sewage disposal system'' for the purposes of this act shall include the

system of sewers and the sewage disposal plant of the district.

(12) (l) Make all contracts and do all other acts in relation to the

affairs of the district necessary to the proper exercise of its corporate

legislative or administrative powers and to the accomplishment of the

purpose of its organization.

(13) (m) Purchase or acquire outdoor emergency warning sirens.

(14) (n) Employ any person necessary to carry out the provisions of

this act.

(15) (o) Do all other acts that may be necessary to carry out and

execute the general powers hereinbefore or hereinafter granted, although

not hereinbefore specifically enumerated.

(b) The board of directors of any improvement district the boundaries

of which are located more than five miles from the boundaries of any

incorporated city and Lake Wabaunsee improvement district located in

Wabaunsee county also shall have the power to:

(1) Secure the general health of the district by the adoption of res-

olutions to prevent, abate and remove nuisances. The secretary of the

board of directors shall send a notice to the owner of the property to

remove or abate such nuisance within a period of time not to exceed 10

days. If the owner fails to remove or abate the nuisance within the time

specified the board may provide for the removal or abatement of the

nuisance and provide for the assessment of the cost of abating or remov-

ing such nuisance against the property upon which the same is located or

maintained. Such assessments shall be certified by the secretary of the

board of directors of the district to the county clerk of the county in which

the property is located, to be placed upon the tax roll for collection at the

same time and in the same manner as ad valorem property tax levies are

collected and shall be subject to the same penalties and the same pro-

cedure for collection as is prescribed by law for the collection of such ad

valorem property taxes. Any unpaid costs assessed pursuant to this sub-

section shall become a lien upon the property from the date of assessment

thereof.

(2) (p) Secure the health of the district by the adoption of resolutions

requiring the removal or destruction of grass, weeds or other vegetation

from any lot or parcel of land located within the district. The secretary

of the board of directors shall send notice to the owner of the property

to remove the grass, weeds or vegetation within a period of time not to

exceed 10 days. If the owner fails to remove the grass, weeds or vegetation

within the time specified, the board may provide for the removal thereof

and assess the cost of removal against the property on which the same

was located. Such assessments shall be certified by the secretary of the

board of directors of the district to the county clerk of the county in which

the property is located, to be placed upon the tax roll for collection at the

same time and in the same manner as ad valorem property tax levies are

collected and shall be subject to the same penalties and the same pro-

cedure for collection as is prescribed by law for the collection of such ad

valorem property taxes. Any unpaid costs assessed pursuant to this sub-

section shall become a lien upon the property from the date of assessment

thereof.

(3) (q) Adopt resolutions regulating and prohibiting the running at

large of domestic animals.

(4) (r) Adopt resolutions for the preservation of the peace and order

of the district and to prevent injury, destruction or interference with pub-

lic or private property.

(5) (s) Adopt resolutions providing for the assessment of unpaid bills

or charges for utility services provided by the district against the property

receiving the service. Such assessments shall be certified by the secretary

of the board of directors of the district to the county clerk of the county

in which the property is located, to be placed upon the tax roll for col-

lection at the same time and in the same manner as ad valorem property

tax levies are collected and shall be subject to the same penalties and the

same procedure for collection as is prescribed by law for the collection

of such ad valorem property taxes. Any unpaid costs assessed pursuant to

this subsection shall become a lien upon the property from the date of

assessment thereof.

(t) Take any other action necessary to carry out and execute the gen-

eral powers granted by this section.

Sec. 5. K.S.A. 12-1922 is hereby amended to read as follows: 12-

1922. When used in this act:

(a) ``City'' means any city in the state of Kansas;

(b) ``School district'' means any unified school district in the state of

Kansas;.

(c) ``Recreation system'' means any system of public recreation and

playgrounds established pursuant to this act; and.

(d) ``Taxing district'' means (1) the area within the corporate limits of

a city in the case of a city-established recreation system; (2) subject to the

provisions of section 6, and amendments thereto, the area within the

boundary lines of a school district in the case of a school district-estab-

lished recreation system; or (3) subject to the provisions of section 6, and

amendments thereto, the area within the corporate limits of a city or the

area within the boundary lines of a school district, whichever has the

greater assessed valuation, in the case of a jointly established recreation

system.

New Sec. 6. Unless the boundaries of a taxing district are expanded

as provided by section 7, and amendments thereto, whenever a school

district which has established a recreation system or which is part of a

joint recreation system established under K.S.A. 12-1922 et seq., and

amendments thereto, consolidates with another school district which has

not established a recreation system or which is not a part of a joint rec-

reation system, the ``taxing district'' of the recreation system shall mean

the area of the taxing district as it existed on the day immediately pre-

ceding the effective date of the consolidation of the school districts.

New Sec. 7. (a) The provisions of this section shall apply only to those

recreation systems with taxing districts as defined in section 6, and

amendments thereto.

(b) Whenever a petition signed by at least 5% of the qualified voters

of a school district of which only a portion is included within the taxing

district of a recreation system is filed with the clerk thereof, requesting

the governing body of the school district to extend the boundaries of the

taxing district to be coterminous with the boundaries of the school district,

the governing body of the school district shall submit the question to the

qualified voters thereof. Such election shall be called and held in the

manner provided by the general bond law, and the cost of the election

shall be borne by such school district.

(c) The governing body of any school district may initiate the exten-

sion of the boundaries of the taxing district to be coterminous with the

boundaries of the school district by adopting a resolution proposing to

extend the boundaries of the taxing district. The proposal shall be sub-

mitted for approval by the voters of the school district, at an election

called and held in the manner provided by the general bond law, and the

cost of the election shall be borne by the school district.

(d) Upon approval of the proposition by a majority of those voting on

it at the election, the governing body of the school district, by appropriate

resolution, shall provide for the extension of the taxing district to be co-

terminous with the boundaries of the school district.

(e) When used in this section, ``qualified voter'' means a registered

voter of a school district who is a resident of that portion of such school

district which is not included in the taxing district of a recreation system

following the consolidation of such school district with a school district

which has established a recreation system or which is a part of a joint

recreation system.

Sec. 8. K.S.A. 2001 Supp. 19-4004 is hereby amended to read as

follows: 19-4004. In all counties wherein the board or boards of county

commissioners in the event of a combination of counties has established

a governing board, the respective board or boards of county commission-

ers may levy an annual tax upon all taxable tangible property in such

county for mental health services and to pay a portion of the principal

and interest on bonds issued under the authority of K.S.A. 12-1774, and

amendments thereto, by cities located in the county. The respective board

or boards of county commissioners may also levy an additional annual tax

upon all taxable tangible property in such county for mental retardation

services and to pay a portion of the principal and interest on bonds issued

under the authority of K.S.A. 12-1774, and amendments thereto, by cities

located in the county. The additional levy authorized by this section for

mental retardation services shall not be made until a notice of intent to

make such levy has been published in a newspaper of general circulation

in the county or counties involved by the board or boards of county com-

missioners proposing to make such levy, and such notice shall state that

if a petition signed by 5% of the electors of the county shall file a protest

petition within 60 days of the date of such publication a proposition will

be submitted at an election called for the purpose in the county for ap-

proval of the levy; if such proposition is approved or if no sufficient protest

is made, then the board or boards of county commissioners shall levy such

tax, but if a sufficient protest is made and such proposition is not ap-

proved, the levy will not be made. The proceeds thereof shall be placed

in the hands of the appropriate governing board to be administered as

provided by this act.

In addition thereto, to provide for the purchase of or the construction

of facilities for the community mental health center, and/or facility for

the mentally retarded, the board or boards of county commissioners may,

upon petition of the governing board, levy an annual tax on all taxable

tangible property in their county and to issue and sell general obligation

bonds of such county, for the purpose of creating and providing a special

fund to be used in acquiring a site for, and the building, equipping, re-

pairing, remodeling and furnishing of a community mental health center,

and/or facilities for the mentally retarded, or for any one or more of such

purposes. The additional levy authorized by this section shall not be made

until a notice of intent to make such levy has been published in a news-

paper of general circulation in the county or counties involved by the

board or boards of county commissioners proposing to make such levy,

and such notice shall state that if a petition signed by 5% of the electors

of the county shall file a protest petition within 60 days of the date of

such publication a proposition will be submitted at an election called for

the purpose in the county for approval of the levy; if such proposition is

approved or if no sufficient protest is made, then the board of county

commissioners will make the levy of such tax, but if a sufficient protest

is made and such proposition is not approved, the levy will not be made.

The board of county commissioners shall proceed in the manner pre-

scribed to be followed in such notice. The tax levy may be made annually

until sufficient funds have been created for the purpose or purposes, or

if the county has issued and sold general obligation bonds, the proceeds

raised by the annual tax levy shall be used to retire the general obligation

bonds and the tax levy shall continue until the general obligation bonds

have been retired. Such federal, state or private funds as may be available

may be accepted by the board of county commissioners to be placed in

the fund for operation of or construction of a community mental health

center, and/or facility for the mentally retarded, as the case may be. Title

to the building or buildings of the community mental health center, and/

or facility for the mentally retarded, shall vest in the governing board

which is responsible for the maintenance and operation of the facilities

if a combination of counties has established the center, but, if only one

county has established the mental health center or facilities for the men-

tally retarded, title shall vest in the board of county commissioners of

such county. If the board of county commissioners has contracted with a



Date Composed: 10/10/2002 Date Modified: 10/10/2002