Repealing the mail ballot election act.

Session of 2026
HOUSE BILL No. 2503
By Representatives Reavis, Bryce, Chauncey, Ellis, Fairchild, Goddard, Howell,
James, Pickert, Poetter Parshall, Proctor, Rhiley, Roeser, Roth, Schwertfeger,
Steele, Stiens, Waggoner, Willcott and K. Williams
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AN ACT concerning elections; repealing the mail ballot election act;
amending K.S.A. 2-610, 2-611, 10-1116c, 12-195, 12-195b, 12-352,
12-362, 12-521, 12-12,102, 12-17,103, 12-17,151, 12-6003, 12-6005,
13-13a38, 25-2709, 42-706, 72-9939, 82a-626, 82a-649, 82a-650 and
82a-2205 and K.S.A. 2025 Supp. 25-1122, 25-2812, 25-3002 and 79-
2925c and repealing the existing sections; also repealing K.S.A. 25-
431, 25-433a, 25-434, 25-435, 25-436, 25-437, 25-438, 25-439, 25-440
and 82a-648 and K.S.A. 2025 Supp. 25-432 and 25-433.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2-610 is hereby amended to read as follows: 2-610.
(a) On or before July 15 each year, the executive board of the county
extension council shall file with the county commissioners in the office of
the county clerk:
(1) A list of current members of the county extension council and its
executive board;
(2) a certification of election of officers as provided in subsection (c)
of K.S.A. 2-611(b), and amendments thereto;
(3) a certificate by the director of extension of Kansas state university
of agriculture and applied science that the county extension council is
properly functioning and entitled to receive the appropriations provided by
law; and
(4) a proposed budget prepared in cooperation with the director of
extension of Kansas state university of agriculture and applied science for
the ensuing calendar year.
(b) If the commission does not approve the proposed budget within
10 days after receipt thereof, it shall return the budget to the board. Upon
receipt of the returned budget, the board shall consider amendments or
modifications and may consult with the commission concerning the
budget. Within 10 days after receipt of the returned budget, the board shall
resubmit its proposed budget, with or without amendment or modification,
to the commission. Within 10 days after resubmission of the proposed
budget, the commission shall approve, or amend or modify and approve as
amended or modified, such proposed budget. The commission shall adopt
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the proposed budget as approved and shall make the same a part of the
regular county budget. The board of county commissioners shall make an
appropriation and certify to the county clerk the amount of tax necessary
to be levied on all tangible taxable property of the county sufficient to
provide a program of county extension work 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.
Sec. 2. K.S.A. 2-611 is hereby amended to read as follows: 2-611. (a)
Except as otherwise provided in this section, the citizens of voting age
residing in each of the county commissioner districts in each county in this
state are qualified to participate in the meeting which that shall be held in
each such district in each year not earlier than September 1, and at least 10
days before the annual meeting of the county extension council upon a
date and at a time and place determined and fixed by the executive board
of the county extension council and shall elect annually from among their
number four members of the county extension council. In Leavenworth
county, such election shall be held at the time of the annual Leavenworth
county fair. Of the four members, one shall be elected to represent
agriculture and shall be actively engaged in agricultural pursuits, one shall
be elected to represent home economics work, one shall be elected to
represent 4-H club and youth work , and one shall be elected to represent
educational programs in economic development initiatives. The county
extension council executive board members of each county may choose to
hold a countywide election meeting in lieu of holding a meeting in each
district. Prior to adjournment of the countywide meeting the citizens of
each county commissioner district shall separate into groups for the
purpose of electing the county extension council members who shall
represent the district on the county extension council. The countywide
meeting shall be subject to the same conditions hereinabove as provided
for county commissioner district election meetings.
(b) The executive board of the county extension council, as provided
for in subsection (f), may choose, as an alternate method of electing
county extension council members, to mail a ballot to each citizen of
voting age residing in the county at least three weeks before the annual
meeting of the county extension council. The ballots shall contain the
names and resident addresses of all persons who are candidates for county
extension council membership. The incumbent county extension council
members shall select not less than two persons as candidates for each
position to be filled. After the ballot has been marked, each voter shall
mail or otherwise transmit the ballot to the county extension office of the
county at least seven days prior to the annual meeting of the county
extension council.
(c) In any county having three county commissioner districts, the
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citizens may elect county extension council members at large or by county
commissioner district as determined by the executive board of the county
extension council for the county. In any county having other than three
county commissioner districts, the citizens shall elect county extension
council members at large. A county extension council elected at large shall
also have a total elected membership of 24, with six members elected to
represent agriculture who shall be actively engaged in agricultural
pursuits, six members elected to represent home economics, six members
elected to represent 4-H club and youth work , and six members elected to
represent educational programs in economic development initiatives.
When county extension council members are elected at large, 12 shall be
elected annually, three of whom shall represent agriculture, three of whom
shall represent home economics, three of whom shall represent 4-H club
and youth work , and three of whom shall represent educational programs
in economic development initiatives. County extension council members
elected at large shall serve under the same conditions as county extension
council members elected by county commissioner districts, except the
provision that three members of the executive board shall be elected from
each county commissioner district shall not apply.
(d)(c) The 24 members so elected in the three county commissioner
districts, or at large, in any county shall constitute and be the county
extension council, and it shall be the duty of the council to plan the
educational extension programs of the county.
(e)(d) At the annual meeting of the county extension council, the
council members elected to represent agricultural pursuits, home
economics work, 4-H club and youth work or educational programs in
economic development initiatives, may meet separately and elect a group
chairperson. Each group shall meet as necessary for the purpose of
developing educational program plans on extension work in agricultural
pursuits, in home economics work, in 4-H club and youth work, or
economic development initiatives. All program plans shall be subject to
final approval by the executive board of the county extension council.
(f)(e) The county extension council shall meet annually not earlier
than October 1, and not later than December 20, and shall elect from
among its own members an executive board consisting of a chairperson, a
vice-chairperson, a secretary and a treasurer and five additional members.
The date, time and place of the annual meeting shall be determined and
fixed by the executive board. No more than three members of the
executive board shall be elected from any county commissioner district,
and at least one member shall be elected from each county extension
council member group namely, agricultural pursuits, home economics, 4-H
club and youth work , and educational programs in economic development
initiatives. The executive board of the county extension council is
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authorized to transact all business of the council, shall have control of all
the property of the council , and may employ and fix the compensation of
such persons as are necessary for the conduct of the business of the
council, except as herein otherwise expressly provided.
(g)(f) Members of the county extension council and of the executive
board shall receive no compensation for their services as members of the
council or of the executive board. The members of the executive board,
after their election and prior to entering upon the duties of their respective
offices, shall take and sign the usual oath of public officers and the same
shall be filed in the office of the county clerk.
(h)(g) (1) The treasurer of the executive board after election as
treasurer and before entering upon the duties of the office as treasurer shall
execute to the council a corporate surety bond, of 100% of the amount as
nearly as can be ascertained that shall be in the treasurer's hands at any one
time. All the bonds shall be conditioned to the faithful discharge of the
duties of the office of treasurer. The amount and sufficiency of all bonds
shall be determined by the county clerk, and, upon the county clerk's
approval endorsed on the bond, shall be filed with the county clerk, who
shall immediately notify the secretary of the executive board and the
county treasurer of the approval and filing. The cost of any corporate
surety bond so furnished shall be paid by the executive board. In the event
of the breach of any condition thereof, the chairperson of the executive
board shall, and if the chairperson does not, any member of the county
extension council may, cause a suit to be commenced thereon in the
member's own name for the benefit of the council, in which suit it shall not
be necessary to include the treasurer as a party to the suit and the money
collected shall be applied to the use of the council, as the same should
have been applied by the treasurer.
(2) Public notices of each annual election meeting or mail ballot
election for county commissioner districts or at large, and the annual
meeting of the county extension council provided for in this section shall
be published once at least one week but not more than three weeks prior to
the date fixed for such election or annual council meeting in a newspaper
having general circulation in the county. The executive board shall call
each of the annual election meetings and the annual meeting of the
extension council and shall cause the notices of meetings to be published
as herein required. The notices shall state the date, time and place of the
meeting. The cost of publishing the notices shall be paid by the executive
board of the county extension council.
(3) The elected officers and the members of the executive board shall
hold office for one year and until their successors are elected and qualify.
Vacancies in the membership of the executive board shall be filled for the
unexpired term from the remaining members of the county extension
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council by the executive board. Vacancies among the officers of the
executive board shall be filled for the unexpired term by election from the
members of the executive board. Each year not earlier than January 2, and
not later than January 15, the retiring executive board shall meet with the
newly elected executive board at a time and place designated by the
chairperson of the retiring executive board. At the meeting the retiring
executive board shall conclude all business of the past year and pay all
lawful bills for the year in which it has served and provide the new
executive board with all reports, records and other information which that
may be necessary to the operation of the county extension program during
the ensuing year.
(4) Members of the county extension council shall hold office for a
term of two years and until their successors are elected and qualify, and no
member of the council shall hold office for more than two consecutive
terms. Vacancies in the membership of the county extension council shall
be filled by appointment by the executive board for the unexpired term of
office.
(i) Notwithstanding any other provision of this section, the terms of
all members of any county extension council serving on the effective date
of this act shall expire in 1987, and 24 members shall be elected to
constitute and be the county extension council by one of the election
methods authorized by this section. Of the members elected to the county
extension in 1987, six members shall be elected to represent agriculture
who shall be actively engaged in agricultural pursuits, six members shall
be elected to represent home economics, six members shall be elected to
represent 4-H club and youth work and six members shall be elected to
represent educational programs in economic development initiatives.
Three of each of the six members elected to represent each county
extension council member group shall hold office for a one-year term and
until their successors are elected and qualify, and three of each six-member
group shall hold office for a two-year term and until their successors are
elected and qualify.
Sec. 3. K.S.A. 10-1116c is hereby amended to read as follows: 10-
1116c. Any lease-purchase agreement entered into pursuant to this act shall
be subject to the following conditions:
(a) If the proposed agreement is for a term exceeding the current
fiscal year of the municipality, it shall be approved by a majority vote of
all members of the governing body.
(b) If the proposed agreement involves the acquisition of land or
buildings by a municipality other than a county, school district or
community college, is for a term of three or more years, and provides for
payments in any year in excess of 3% of the total amount budgeted by the
municipality for expenditure during the current year, excluding debt
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service, a notice thereof specifying the purpose and the total of all
payments shall be published once each week for two consecutive weeks in
a newspaper of general circulation within such municipality. If, within 30
days following the last publication of such notice, a petition in opposition
to the agreement signed by not less than 5% of the qualified voters of such
municipality is filed with the appropriate county election officer, no such
agreement shall take effect unless and until the same is approved by a
majority of the qualified voters of such municipality voting at an election
thereon. Any such election shall be called and held in accordance with the
provisions of K.S.A. 10-120, and amendments thereto , or in accordance
with the provisions of the mail ballot election act.
(c) If the municipality is a county, school district or community
college and the proposed agreement involves the acquisition of land or
buildings, is for a term exceeding the current fiscal year of the
municipality, and provides for annual payments which that in the
aggregate exceed $100,000, the governing body of such municipality first
shall adopt a resolution stating its intent to enter into such lease-purchase
agreement. The resolution shall specify the total of all payments to be
made pursuant to the agreement and the purpose for which such agreement
is to be entered into. The resolution shall be published once each week for
two consecutive weeks in a newspaper of general circulation within the
municipality. If a protest petition signed by not less than 5% of the
qualified voters of the municipality, as determined by the vote for secretary
of state at the last general election, is filed with the appropriate county
election officer within 30 days following the last publication of the
resolution, no such agreement shall take effect unless approved by a
majority of the qualified voters of the municipality voting at an election
thereon. Any such election shall be called and held in the manner provided
by K.S.A. 10-120, and amendments thereto , or in accordance with the
provisions of the mail ballot election act. If no such protest petition is filed
within the time limitation contained herein, the governing body of the
municipality may enter into such agreement. If an election is held pursuant
to a protest petition and a majority vote is cast in favor of the proposition,
the governing body of the municipality shall have authority to enter into
such agreement.
(d) If the proposed agreement is for a term exceeding the current
fiscal year of the municipality, the agreement shall specify the following:
(1) The amount or capital cost required to purchase the item if paid
for by cash;
(2) the annual average effective interest cost; and
(3) the amount included in the payments for service, maintenance,
insurance or other charges exclusive of the capital cost and interest cost.
Sec. 4. K.S.A. 12-195 is hereby amended to read as follows: 12-195.
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HB 2503 7
(a) Except as otherwise provided in K.S.A. 12-195b, 12-1774, 12-17,103
and 74-8924, and amendments thereto, or subsection (b), no city or county
shall commit any of the funds or proceeds derived from a retailers' sales
tax as a guarantee for the payment of bonds issued by such city or county
or the Kansas development finance authority.
(b) (1) Any city or county which that is the recipient of funds derived
from a local option sales tax pursuant to K.S.A. 12-187 et seq., and
amendments thereto, is hereby authorized to issue revenue bonds to
provide for the payment of all or any portion of the cost of public facilities
or improvements of such city or county for which such city or county is
authorized pursuant to the constitution or laws of this state to issue general
obligation bonds and to pledge revenues received from countywide or city
retailers' sales taxes for the payment thereof. No such bonds shall be issued
for the payment of all or any portion of the cost of any facilities or
improvements to be used for commercial or retail purposes, except that
such prohibition shall not apply to revenue bonds issued for the payment
of the cost of constructing or improving a convention or exposition hall or
center or public auditorium. In the event the governing body of a city or
county proposes to issue such bonds, and the question of pledging the
revenues received from the countywide or city retailers' sales tax has not
previously been submitted to and approved by the voters of the city or
county, such proposition shall be published once each week for two
consecutive weeks in the official city or county newspaper, as the case
requires. If, within 30 days after the last publication of the proposition, a
petition is filed with the county election officer signed by not less than 4%
of the electors of the city or county, as the case requires, who voted for the
office of secretary of state at the last preceding general election for such
office requesting an election thereon, no such bonds shall be issued unless
the proposition is submitted to and approved by a majority of the voters of
the city or county, as the case requires, voting at an election held thereon.
Any such election shall be called and held in accordance with the
provisions of K.S.A. 10-120, and amendments thereto , or in accordance
with the provisions of the mail ballot election act.
(1)(2) Such bonds shall be authorized by ordinance of the governing
body of such city or resolution of the governing body of such county. The
bonds may be issued as registered bonds or coupon bonds, payable to
bearer, and, if coupon bonds, may be registrable as to principal only or as
to principal and interest, and may be made exchangeable for bonds of
another denomination or in another form. The bonds may be in such form
and denominations, may have such date or dates, may be stated to mature
at such time or times, may bear interest payable at such times and at such
rate or rates, may be payable at such places within or without the state,
may be subject to such terms of redemption in advance of maturity at such
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HB 2503 8
prices, and may contain such terms and conditions, all as the city or county
shall determine. The bonds shall have all the qualities of and shall be
deemed to be negotiable instruments under the laws of the state of Kansas.
The authorizing ordinance or resolution may contain any other terms,
covenants and conditions that the city or county deems reasonable and
desirable, including without limitation those pertaining to the maintenance
of various funds and reserves, the nature and extent of any security for
payment of the bonds, the custody and application of the proceeds of the
bonds, the collection, transfer and disposition of sales tax revenues, the
investing of bond proceeds or any funds pledged to the repayment of the
bonds, and the rights, duties and obligations of the city or county and the
owners of the bonds.
(2)(3) The authorizing ordinance or resolution may provide for the
execution of a trust indenture between the city or county and any financial
institution within or without the state of Kansas. The trust indenture may
contain any terms, covenants and conditions that are deemed desirable by
the city or county.
(3)(4) Any authorizing ordinance or resolution and trust indenture
relating to the issuance of and security for the bonds shall constitute a
contract between the city or county and the owners of the bonds, which
contract, and all covenants, agreements and obligations therein, shall be
promptly performed in strict compliance with the terms and provisions of
such contract, and the covenants, agreements and obligations of the city or
county may be enforced by mandamus or other appropriate proceeding at
law or in equity. The pledge of revenues made by the city or county shall
be valid and binding from the time when such pledge is made and the
revenues so pledged and thereafter received by the city or county shall
immediately be subject to the lien of such pledge without such physical
delivery thereof or further act on the part of the city or county, and the lien
of any such pledge shall be valid and binding as against all parties having
claims of any kind against the issuer, irrespective of whether such parties
have notice thereof. Neither the authorizing ordinance or resolution nor
any other instrument by which a pledge is created need be filed or
recorded except in the records of the city or county.
(4)(5) The revenue bonds may be sold in such manner, either at
public or private sale, and upon such terms as the city or county shall
determine to be reasonable, including sale at discount. It shall be plainly
stated on the face of each such bond that it has been issued under this act,
that the bonds shall be special obligations of the city or county, payable
solely and only from the revenues pledged to the payment of the bonds and
that in no event, shall the bonds constitute an indebtedness of the state of
Kansas or the city or county for which the faith and credit of the state of
Kansas or city or county is pledged.
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(5)(6) Any bonds issued under the provisions of this section and the
interest thereon, shall be exempt from all taxes levied by the state of
Kansas, or any political or taxing subdivision thereof.
(6)(7) Bonds may be issued for the purpose of refunding, either at
maturity or in advance of maturity, any bonds issued under this section.
Such refunding bonds may either be sold or delivered in exchange for the
bonds being refunded. If sold, the proceeds may either be applied to the
payment of the bonds being refunded or deposited in trust and there
maintained in cash or investments for the retirement of the bonds being
refunded, as shall be specified by the city or county and the authorizing
ordinance or resolution or trust indenture securing such refunding bonds.
The authorizing ordinance or resolution or trust indenture securing the
refunding bonds may provide that the refunding bonds shall have the same
security for their payment as provided for the bonds being refunded.
Refunding bonds shall be sold and secured in accordance with the
provisions of this act pertaining to the sale and security of the bonds.
(7)(8) Bonds issued under the provisions of this act shall be eligible
to secure the deposit of public funds under article 14 of chapter 9 of the
Kansas Statutes Annotated, and amendments thereto.
(8)(9) Bonds issued under the provisions of this act shall be in
addition to and not subject to any statutory limitation of bonded
indebtedness imposed on such city or county.
Sec. 5. K.S.A. 12-195b is hereby amended to read as follows: 12-
195b. The governing body of any city or county by the appropriate
ordinance or resolution, may authorize the issuance of general obligation
bonds to provide for the payment of all or any portion of the cost of any
public facilities or improvements for which such city or county is
otherwise authorized pursuant to the constitution or laws of this state to
issue general obligation bonds. The governing body may pledge revenues
received from countywide or city retailers' sales taxes imposed pursuant to
K.S.A. 12-187 et seq., and amendments thereto, for the payment of such
bonds. The pledge of revenues received from countywide or city retailers'
sales taxes for payment of such bonds shall constitute an irrevocable
pledge of the revenues and shall be made a lien on the revenues for the
benefit of bondholders. Any bonds issued under this section shall be
subject to the following requirements:
(a) Before the governing body of any city or county shall issue any
general obligation bonds as authorized herein, the governing body shall
cause to be prepared a comprehensive feasibility study showing that
revenues received from a countywide or city retailers' sales tax would be
sufficient to retire such bonds.
(b) Such bonds shall constitute a general obligation of the city or
county payable from the pledged revenue received from countywide or
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HB 2503 10
city retailers' sales taxes , and if not so paid , such bonds shall be payable
from ad valorem taxes which that for the purpose of paying such bonds
may be levied without limit as to rate or amount by the city or county, and
shall be printed as provided in K.S.A. 10-112, and amendments thereto.
(c) Any bonds issued under the provisions of this section and the
interest thereon, shall be exempt from all taxes levied by the state of
Kansas or any political or taxing subdivision thereof.
(d) All bonds which that are to be financed in accordance with the
provisions of this section shall be subject to any statutory limitation of
bonded indebtedness imposed on a city or county unless:
(1) The law authorizing the issuance of such bonds specifically
excludes such bonds from any statutory limitation of bonded indebtedness;
(2) the bonds are excluded from the computation of bonded
indebtedness pursuant to K.S.A. 10-307 or 10-309, and amendments
thereto; or
(3) the bonds are issued by Douglas county or Sherman county.
(e) In the event the governing body of a city or county proposes to
issue such bonds, and the question of issuing bonds as authorized herein
has not previously been submitted to and approved by the voters of the city
or county such proposition shall be published once each week for two
consecutive weeks in its official newspaper. If within 30 days after the last
publication of the proposition, a petition is filed with the county election
officer signed by not less than 5% of the electors of the city or county who
voted in the last preceding general election of the city or county, then no
such bonds shall be issued unless the proposition is submitted to and
approved by a majority of the voters of the city or county voting at an
election held thereon. Any such elections shall be called and held in
accordance with the provisions of K.S.A. 10-120, and amendments
thereto, or in accordance with the provisions of the mail ballot election act.
Sec. 6. K.S.A. 12-352 is hereby amended to read as follows: 12-352.
(a) The commission shall prepare and adopt a plan addressing the
consolidation of the city and county or certain city and county offices,
functions, services and operations. The commission shall conduct such
studies and investigations as it deems appropriate to complete its work.
Such studies and investigations shall include, but not be limited to, studies
of the costs and benefits of consolidating the city and county or certain city
and county offices, functions, services and operations.
(b) The commission shall hold public hearings for the purpose of
receiving information and materials which that will aid in the drafting of
the plan.
(c) Within 60 days following the appointment of all members of the
commission, the commission shall prepare and adopt a preliminary plan
addressing the consolidation of the city and county or certain city and
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county offices, functions, services and operations it deems advisable.
Copies of the preliminary plan shall be filed with the county election
officer, city clerk, each public library within the county and any other
place designated by the commission. Copies of such plan shall be available
to members of the public for inspection upon request. The commission
shall hold at least two public hearings to obtain citizen views concerning
the preliminary plan. Notice of such hearings shall be published at least
twice in a newspaper of general circulation within the county. Following
the public hearings on the preliminary plan, the commission may adopt, or
modify and adopt, the preliminary plan as the final plan.
(d) Within 30 days of the last public hearing held on the preliminary
plan, the commission shall adopt its final plan. The final plan shall include
the full text and an explanation of the proposed plan, and comments
deemed desirable by the commission, a written opinion by an attorney
admitted to practice law in the state of Kansas and retained by the
executive director for such purpose that the proposed plan is not in conflict
with the constitution or the laws of the state, and any minority reports.
Copies of the final plan shall be filed with the county election officer, city
clerk, each public library within the county and any other place designated
by the commission. Copies of such plan shall be available to members of
the public for inspection upon request. The commission shall continue in
existence at least 90 days following the submission of the final plan
pursuant to this subsection.
(e) (1) The final plan shall be submitted to the qualified electors of
the county at an election called and held thereon. Such election shall be
called and held by the county election officer in the manner provided by
the general bond law. Such election shall be conducted by mail ballot. A
summary of the final plan shall be prepared by the commission and shall
be published once each week for two consecutive weeks in a newspaper of
general circulation within the county. If a majority of the qualified electors
voting on the plan who reside within the corporate limits of the city and a
majority of the qualified electors voting on the plan who reside outside of
the corporate limits of the city vote in favor thereof, the consolidation plan
shall be implemented in the manner provided by the plan. If a majority of
the electors who reside within the corporate limits of the city or a majority
of the qualified electors who reside outside of the corporate limits of the
city vote against such plan, the proposed consolidation plan shall not be
implemented.
(2) If the commission submits a final plan which that does not
recommend the consolidation of the city and county or certain city and
county offices, functions, services and operations, the provisions of this
subsection shall not apply.
Sec. 7. K.S.A. 12-362 is hereby amended to read as follows: 12-362.
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(a) The commission shall prepare and adopt a plan addressing the
unification of the city and county or certain city and county offices,
functions, services and operations. The commission shall conduct such
studies and investigations as it deems appropriate to complete its work.
Such studies and investigations shall include, but not be limited to, studies
of the costs and benefits of unifying the city and county or certain city and
county offices, functions, services and operations.
(b) The commission shall hold public hearings for the purpose of
receiving information and materials which that will aid in the drafting of
the plan.
(c) Within one year following the appointment of all members of the
commission, the commission shall prepare and adopt a preliminary plan
addressing the unification of the city and county or certain city and county
offices, functions, services and operations it deems advisable. Copies of
the preliminary plan shall be filed with the county election officer, city
clerk, each public library within the county and any other place designated
by the commission. Copies of such plan shall be available to members of
the public for inspection upon request. The commission shall hold at least
two public hearings to obtain citizen views concerning the preliminary
plan. Notice of such hearings shall be published at least twice in a
newspaper of general circulation within the county. Following the public
hearings on the preliminary plan, the commission may adopt, or modify
and adopt, the preliminary plan as the final plan.
(d) Within 30 days of the last public hearing held on the preliminary
plan, the commission shall adopt its final plan. The final plan shall include
the full text and an explanation of the proposed plan, and comments
deemed desirable by the commission, a written opinion by an attorney
admitted to practice law in the state of Kansas and retained by the
executive director for such purpose that the proposed plan is not in conflict
with the constitution or the laws of the state, and any minority reports.
Copies of the final plan shall be filed with the county election officer, city
clerk, each public library within the county and any other place designated
by the commission. Copies of such plan shall be available to members of
the public for inspection upon request. The commission shall continue in
existence at least 90 days following the submission of the final plan
pursuant to this subsection.
(e) (1) The final plan shall be submitted to the qualified electors of
the county at any primary, general or special election. If the statutorily
mandated duties of an elective office are to be eliminated or if the office is
to be eliminated and the duties transferred to a nonelective office, the
question of elimination of such duties or office shall be submitted to the
voters as a separate ballot question. Such election shall be called and held
by the county election officer in the manner provided for the calling and
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HB 2503 13
holding of elections pursuant to K.S.A. 10-120, and amendments thereto.
Such election may be conducted by mail ballot. A summary of the final
plan shall be prepared by the commission and shall be published once each
week for two consecutive weeks in a newspaper of general circulation
within the county. If a majority of the qualified electors voting on the plan
who reside within the corporate limits of the city and a majority of the
qualified electors voting on the plan who reside outside of the corporate
limits of the city vote in favor thereof, the unification plan shall be
implemented in the manner provided by the plan. If a majority of the
electors who reside within the corporate limits of the city or a majority of
the qualified electors who reside outside of the corporate limits of the city
vote against such plan, the proposed unification plan shall not be
implemented.
(2) Any proposed unification which that eliminates an elective office
shall provide that the elimination of such office shall become effective
upon the date of normal expiration of the term of such office.
(3) If the final plan provides for the unification of the city of Horace
with the county or the unification or elimination of any of the offices or
powers, duties and functions of such offices of the city of Horace and a
majority of the qualified electors of the city of Horace voting on the plan
do not vote in favor thereof, the city of Horace and officers thereof shall
continue in existence and operation as if no unification had occurred.
(4) If the commission submits a final plan which that does not
recommend the unification of the city and county or certain city and
county offices, functions, services and operations, the provisions of this
subsection shall not apply.
Sec. 8. K.S.A. 12-521 is hereby amended to read as follows: 12-521.
(a) Whenever the governing body of any city deems it advisable to annex
land which that such city is not permitted to annex under K.S.A. 12-520,
and amendments thereto, or if the governing body of any city is permitted
to annex land under K.S.A. 12-520, and amendments thereto, but deems it
advisable not to annex thereunder, the governing body may annex such
land as provided by this section. The governing body, in the name of the
city, may present a petition to the board of county commissioners of the
county in which the land sought to be annexed is located. The petition
shall set forth a legal description of the land sought to be annexed and
request a public hearing on the advisability of such annexation. The
governing body of such city shall make plans for the extension of services
to the tract of land proposed to be annexed and shall file a copy thereof
with the board of county commissioners at the time of presentation of the
petition. Such report shall include:
(1) A sketch clearly delineating the land proposed to be annexed and
the area of the city adjacent thereto to show the following information:
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HB 2503 14
(A) The present and proposed boundaries of the city affected by such
proposed annexation;
(B) the present streets, water mains, sewers and other city utility
lines, and the proposed extension thereto; and
(C) the general land use pattern in the areas to be annexed.
(2) A statement setting forth a plan of sufficient detail to provide a
reasonable person with a full and complete understanding of the intentions
of the city for extending to the area to be annexed each major municipal
service provided to persons and property located within the city and area
proposed to be annexed at the time of annexation and the estimated cost of
providing such services. The plan shall state the estimated cost impact of
providing such services to the residents of the city and the residents of the
area proposed to be annexed. The plan shall state the method by which the
city plans to finance the extension of such services to such area. The plan
shall include a timetable for the extension of major municipal services to
the area proposed to be annexed. The plan shall state the means by which
the services currently provided by a township or special district in the area
to be annexed shall be maintained by the city at a level which that is equal
to or better than the level of services provided prior to annexation. The
plan shall state those services which that shall be provided immediately
upon annexation and those services which that may be provided upon
petition of the landowners to create a benefit district.
(b) The date fixed for the public hearing shall be not less than 60 nor
more than 70 days following the date of the presentation of the petition
requesting such hearing. Notice of the time and place of the hearing,
together with a legal description of the land sought to be annexed and the
names of the owners thereof, shall be published in a newspaper of general
circulation in the city not less than one week and not more than two weeks
preceding the date fixed for such hearing. A copy of the notice providing
for the public hearing shall be mailed by certified mail to each owner of
the land proposed to be annexed not more than 10 days following the date
of the presentation of the petition requesting such hearing. A sketch clearly
delineating the area in such detail as may be necessary to advise the reader
of the particular land proposed to be annexed shall be published with such
notice and a copy thereof mailed to the owner of the property with such
notice. The board for good cause shown may continue the hearing beyond
the time specified in the notice without further publication.
(c) (1) On the day set for hearing, the board of county commissioners
shall hear testimony as to the advisability of such annexation, and a
representative of the city shall present the city's proposal for annexation,
including the plan of the city for the extension of services to the area
proposed to be annexed.
(2) The action of the board of county commissioners shall be quasi-
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HB 2503 15
judicial in nature. The board of county commissioners shall consider the
impact of approving or disapproving the annexation on the entire
community involved, including the city and the land proposed to be
annexed, in order to insure the orderly growth and development of the
community. The board shall make specific written findings of fact and
conclusions determining whether such annexation or the annexation of a
lesser amount of such area causes manifest injury to the owners of any
land proposed to be annexed, or to the owners of land in areas near or
adjacent to the land proposed to be annexed or to the city if the annexation
is disapproved. The findings and conclusions shall be based upon the
preponderance of evidence presented to the board. In determining whether
manifest injury would result from the annexation, the board's
considerations shall include, but not be limited to, the extent to which the
following criteria may affect the city, the area to be annexed, the residents
of the city and the area to be annexed, other governmental units providing
services to the area to be annexed, the utilities providing services to the
area to be annexed, and any other public or private person, firm or
corporation which that may be affected thereby:
(1)(A) Extent to which any of the area is land devoted to agricultural
use;
(2)(B) area of platted land relative to unplatted land;
(3)(C) topography, natural boundaries, storm and sanitary sewers,
drainage basins, transportation links or any other physical characteristics
which that may be an indication of the existence or absence of common
interest of the city and the area proposed to be annexed;
(4)(D) extent and age of residential development in the area to be
annexed and adjacent land within the city's boundaries;
(5)(E) present population in the area to be annexed and the projected
population growth during the next five years in the area proposed to be
annexed;
(6)(F) the extent of business, commercial and industrial development
in the area;
(7)(G) the present cost, methods and adequacy of governmental
services and regulatory controls in the area;
(8)(H) the proposed cost, extent and the necessity of governmental
services to be provided by the city proposing annexation and the plan and
schedule to extend such services;
(9)(I) tax impact upon property in the city and the area;
(10)(J) extent to which the residents of the area are directly or
indirectly dependent upon the city for governmental services and for
social, economic, employment, cultural and recreational opportunities and
resources;
(11)(K) effect of the proposed annexation on the city and other
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HB 2503 16
adjacent areas, including, but not limited to, other cities, sewer and water
districts, improvement districts, townships or industrial districts and,
subject to the provisions of K.S.A. 12-521a, and amendments thereto, fire
districts;
(12)(L) existing petitions for incorporation of the area as a new city
or for the creation of a special district;
(13)(M) likelihood of significant growth in the area and in adjacent
areas during the next five years; and
(14)(N) effect of annexation upon the utilities providing services to
the area and the ability of those utilities to provide those services shown in
the detailed plan.
(d) The board of county commissioners shall render a judgment
within seven days after the hearing has been adjourned sine die. If two-
thirds of the members of the board of county commissioners concludes
that the annexation or any part thereof should be allowed, the board shall
so find and grant the annexation by order; and thereupon the city may
annex the land by ordinance. When an order denying a petition or part
thereof is issued, it shall be by resolution, which shall be sent by certified
mail to the city proposing the annexation. All orders of the board of county
commissioners granting or denying petitions for annexation shall be spread
at length upon the journal of proceedings of the board. The failure of such
board to spread an order granting annexation upon the journal shall not
invalidate such order.
(e) Within 10 days following the rendering of the judgment of the
board of county commissioners granting all or a part thereof of any
annexation involving 40 acres or more as provided in subsection (e)(d), the
city clerk shall certify to the county election officer a legal description and
a map of the area outside the corporate limits of the city proposed to be
annexed and the addresses of all qualified electors as defined in K.S.A. 12-
519, and amendments thereto, located therein. The county election officer
shall conduct a mail ballot an election under the provisions of K.S.A. 25-
431 et seq., and amendments thereto, within 60 days of such certification
on the immediately succeeding election date . If a majority of the qualified
electors voting thereon approve the annexation, the city may annex the
land by passage of an ordinance. If a majority of the qualified electors
reject the annexation, the lands shall not be annexed and the city may not
propose the annexation of any such lands in the proposed area for at least
four years from the date of the election, unless the proposed annexation is
authorized by paragraphs (2), (3) or (7) of subsection (a) of K.S.A. 12-
520(a)(2), (a)(3) or (a)(7) , and amendments thereto. If the area proposed
to be annexed is less than 40 acres, then the board may render a judgment
on the petition unless the board has previously granted three annexations
of adjoining tracts within a 60-month period.
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(f) Any owner of land annexed pursuant to this section or the city
aggrieved by the decision of the board of county commissioners may
appeal the decision of the board to the district court of the same county in
the manner and method set forth in K.S.A. 19-223, and amendments
thereto. Nothing in this subsection shall be construed as granting the
owner of land in areas near or adjacent to land annexed pursuant to this
section the right to appeal the decision of the board of county
commissioners. Any city so appealing shall not be required to execute the
bond prescribed therein.
Sec. 9. K.S.A. 12-12,102 is hereby amended to read as follows: 12-
12,102. (a) The library district board may issue general obligation bonds of
the library district for the purpose of paying the cost of constructing,
reconstructing, repairing, remodeling, furnishing and equipping any library
building or additions thereto, including any sites therefor. Bonds issued
pursuant to this section shall not be subject to or within any bonded debt
limit of the city of Eudora or Eudora township. The library district may
levy a tax sufficient to pay the principal and interest on such bonds.
(b) The question of issuing general obligation bonds shall be
submitted to the qualified electors of the library district. The election shall
be called and held, and the bonds issued in accordance with the provisions
of the general bond law. An election may be conducted pursuant to the
mail ballot election act, K.S.A. 25-431 et seq., and amendments thereto. If
a majority of persons eligible to vote approve the bond issue proposition,
the bonds may be issued.
(c) The bonds shall not be considered a debt obligation of the city of
Eudora or the Eudora township.
Sec. 10. K.S.A. 12-17,103 is hereby amended to read as follows: 12-
17,103. (a) The governing body of the city, acting on and in behalf of the
district, may issue municipal improvement district bonds for the cost of
improvements as defined by subsection (c) of K.S.A. 12-1795 (c), and
amendments thereto. The principal of and interest on the bonds shall be
payable: (1) From a levy of ad valorem taxes on all of the taxable tangible
property within the district; (2) in cases of revenue producing
improvements, from a pledge of the income and receipts derived
therefrom; (3) in cities which that receive revenue from a local option
sales tax pursuant to K.S.A. 12-187 et seq., and amendments thereto, from
a pledge of a portion or all of the receipts derived from the tax; or (4) from
any combination of these methods. The bonds shall be issued in
accordance with the general bond law but shall not be general obligations
of the city. The bonds shall bear interest at a rate not to exceed the
maximum rate of interest prescribed by K.S.A. 10-1009, and amendments
thereto. In the event the district is dissolved as an operating agency, the
property in the district shall remain liable for any taxes levied to pay any
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HB 2503 18
principal and interest on any bonds authorized, issued and still
outstanding. No bonds shall be issued until a public hearing is held thereon
in the manner provided by K.S.A. 12-17,101a, and amendments thereto.
(b) In the event the governing body of a city proposes to issue such
bonds, the principal and interest for which are payable in whole or in part
from a pledge of local option sales tax revenues, and the question of
pledging the revenues received from the sales tax has not previously been
submitted to and approved by the voters of the city, such proposition shall
be published once each week for two consecutive weeks in the official city
newspaper. If, within 30 days after the last publication of the proposition, a
petition is filed with the county election officer signed by not less than
10% of the electors of the city who voted in the last preceding general
election of the city requesting an election thereon, no such bonds shall be
issued unless the proposition is submitted to and approved by a majority of
the voters of the city voting at an election held thereon. Any such election
shall be called and held in accordance with the provisions of K.S.A. 10-
120, and amendments thereto , or in accordance with the provisions of the
mail ballot election act.
Sec. 11. K.S.A. 12-17,151 is hereby amended to read as follows: 12-
17,151. The provisions of K.S.A. 12-17,140 through 12-17,150, and
amendments thereto, and K.S.A. 12-194 and 25-432, as amended pursuant
to this act by section 14 of chapter 120 of the 2003 Session Laws of
Kansas, shall apply to all transportation development districts, whether
created before or after July 1, 2003.
Sec. 12. K.S.A. 12-6003 is hereby amended to read as follows: 12-
6003. (a) (1) Upon the approval of the electors as provided by this act, the
board of county commissioners of Shawnee county may authorize the
imposition of a sales tax on all retail sales made within Shawnee county
for the sole purpose of funding the acquisition, construction, improvement,
equipping, operation, support, maintenance and development of the
eligible recreational facilities within the county and the creation of the
Gage park improvement authority to administer the proceeds of the sales
tax for such purposes. The sales tax may be imposed in increments of
0.05%, except that such sales tax imposed shall not be less than 0.2% and
shall not exceed 0.5%.
(2) The board of county commissioners shall determine a time for a
hearing upon the question of whether there shall be the creation of a Gage
park improvement authority and the imposition of a sales tax. The county
clerk shall give notice of the hearing for three consecutive weeks on the
county website and in a newspaper of general circulation within the
county. The last publication of such notice shall be at least five days before
the day of the hearing. The notice shall include a statement that the hearing
is to consider the creation of a Gage park improvement authority and the
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imposition of a sales tax as authorized by this act. Such notice shall also
provide the rate of the sales tax proposed and information that a hearing
will be held by the board, including the day and the hour of the hearing
and that all persons interested may appear and be heard at the hearing
before the board.
(3) If, after the hearing, the board of county commissioners
determines that the interests of the people of the county will be advanced
by the creation of the Gage park improvement authority and the imposition
of the sales tax, the board shall adopt a resolution proposing the creation of
the authority and the imposition of the sales tax at the rate determined by
the board for submission to the electors of the county as provided by
subsection (c). The resolution shall become effective upon adoption by a
majority of the electors of the county.
(b) A petition requesting the creation of the Gage park improvement
authority and the imposition of the sales tax described by subsection (a)(1)
within the county may be presented to the board of county commissioners.
The petition shall be signed by not less than the number of qualified
electors of Shawnee county equal to 5% of the electors of the county who
voted at the last preceding regular county election. The petition shall be
filed with the Shawnee county election office at least 60 days prior to the
date of an election in an even-numbered year. Upon receipt of the petition
with the required number of signatures of qualified electors, the board
shall cause an election to be held as provided by subsection (c). The
petition shall become effective upon submission to and adoption by a
majority of the electors of the county.
(c) (1) If, at the conclusion of a public hearing, the board of county
commissioners adopts a resolution as provided by subsection (a), or the
board is presented with a petition as provided by subsection (b), the board
shall direct the county clerk to submit a proposition to create the Gage
park improvement authority and impose the sales tax as described by
subsection (a)(1) to the qualified electors within the county. Such election
shall be held in an even-numbered year. Notice of such election shall be
published on the county website and at least once per week for two
consecutive weeks in the official county newspaper. The second notice
shall be published at least seven days prior to the date of the election. Any
such election shall be called and held at any general election, as defined in
K.S.A. 25-2502, and amendments thereto, or at a special election called
for such purpose. In lieu thereof, such election may be called and held in
the manner provided by K.S.A. 25-431 et seq., and amendments thereto.
(2) The proposition presented to the electors shall be in substantially
the following form:
"Shall a Gage Park Improvement Authority be created and supported
through the levy of a ______ (insert rate, not to be less than 0.2% or more
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than 0.5%) countywide sales tax to benefit Gage Park, the Topeka Zoo and
Kansas Children's Discovery Center?"
The county board of commissioners may place additional language on
the ballot to describe the use or allocation of the funds in a manner
consistent with this act.
(d) If the proposition is approved by a majority of the voters of the
county voting at such election, the Gage park improvement authority shall
be created and the sales tax as described in subsection (a)(1) shall be
imposed by the board of county commissioners at the rate approved by the
electors. The sales tax shall be collected and distributed as provided by
K.S.A. 12-6004, and amendments thereto. The sales tax shall be in effect
as of the first day of the year following the election. The board shall
proceed with the performance of all things necessary and incidental to the
establishment of the authority. The members shall be appointed and the
authority shall hold the first meeting before the first day of the year
following the election, as provided in K.S.A. 12-6006, and amendments
thereto.
(e) If the majority of the electors of the county reject the proposition,
any subsequent resolution by the board of county commissioners adopted
pursuant to subsection (a) or a petition presented to the board pursuant to
subsection (b) may be resubmitted to the electors after one year from the
date of the last election on any such proposition.
(f) The sales tax, or portion thereof, levied pursuant to the Gage park
improvement authority act shall continue in effect until repealed in the
manner provided herein for the adoption and approval of such tax.
Sec. 13. K.S.A. 12-6005 is hereby amended to read as follows: 12-
6005. (a) (1) If the initial Gage park improvement authority sales tax is
imposed at a rate lower than 0.5%, then the board of county
commissioners may adopt a resolution stating the board's intention to
increase the Gage park improvement authority sales tax imposed pursuant
to K.S.A. 12-6004, and amendments thereto, by one or more increments of
0.05%. Such tax shall be imposed for the sole purpose of financing the
acquisition, construction, improvement, equipment, operation, support,
maintenance and development of eligible recreational facilities within the
county and shall be administered by the authority as provided by K.S.A.
12-6007, and amendments thereto. The sales tax may be increased as
provided by this section one or more times, but the total aggregate sales
tax authorized by this act shall not exceed 0.5%.
(2) The board of county commissioners shall determine a time for a
hearing upon the question of whether the Gage park improvement
authority sales tax shall be increased and direct the county clerk to give
notice thereof for three consecutive weeks on the county website and in a
newspaper of general circulation within the county. The last publication of
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such notice shall be at least five days before the day of the hearing. The
notice shall include a statement that the hearing is for the purpose of
considering the incremental increase of the sales tax, the increase in the
sales tax rate, the resulting aggregate rate of the sales tax, and information
that a hearing will be held by the board of county commissioners,
including the day and the hour of the hearing, and that all persons
interested may appear and be heard at the hearing before the board.
(3) If, after such hearing, the board of county commissioners
determines that the interests of the people of the county will be advanced
by such an increase of the Gage park improvement authority sales tax, the
board shall adopt a resolution proposing the increase of the sales tax for
submission to the electors of the county as provided by subsection (c).
Such resolution shall become effective upon adoption by a majority of the
electors of the county.
(b) A petition requesting an incremental increase of the Gage park
improvement authority sales tax by one or more increments of 0.05%, for
the sole purpose of funding the acquisition, construction, improvement,
equipment, operation, support, maintenance and development of eligible
recreational facilities within the county may be presented to the board of
county commissioners. The petition shall be signed by not less than the
number of qualified electors of Shawnee county that is equal to 5% of the
electors of such county who voted at the last preceding regular county
election. The petition shall be filed with the Shawnee county election
office at least 60 days prior to the date of an election in an even-numbered
year. Upon receipt of such petition, the board of county commissioners
shall cause an election to be held as provided by subsection (c). Such
petition shall become effective upon submission to and adoption by a
majority of the electors of the county.
(c) If, at the conclusion of a public hearing, the board of county
commissioners adopts a resolution as provided in subsection (a), or the
board is presented with a petition with the required number of signatures
of qualified electors as provided in subsection (b), the board shall direct
the county clerk to submit a proposition to adopt the increase in the sales
tax to the qualified electors within the county. Such election shall be held
in an even-numbered year. Notice of such election shall be published on
the county website and at least once per week for two consecutive weeks
in the official county newspaper. The second notice shall be published at
least seven days prior to the date of such election. Any such election shall
be called and held at any general election, as defined in K.S.A. 25-2502,
and amendments thereto, or at a special election called for such purpose.
In lieu thereof, such election may be called and held in the manner
provided by K.S.A. 25-431 et seq., and amendments thereto.
(d) The proposition presented to the electors shall be in substantially
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the following form:
"Shall the countywide sales tax for the Gage Park Improvement
Authority be increased from _______ to ______ (insert rate, not to be
more than 0.5%) to benefit Gage Park, the Topeka Zoo and Kansas
Children's Discovery Center?"
The board of county commissioners may place additional language on
the ballot to describe the use or allocation of the funds in a manner
consistent with this act.
(e) If the proposition is approved by a majority of the voters of the
county voting at such election, the Gage park improvement authority sales
tax shall be increased to the rate set forth in the proposition and shall be
collected and distributed to the Gage park improvement authority as
provided by K.S.A. 12-6004, and amendments thereto. Such increase shall
be in effect as of the first day of the year following the election. The board
of county commissioners may proceed with the performance of all things
necessary and incidental to the increase of the sales tax.
(f) If the majority of the electors of the county reject the proposition,
any subsequent resolution by the county board adopted pursuant to
subsection (a), or a petition presented to the board pursuant to subsection
(b), may be resubmitted to the electors after one year from the date of the
last election on any such proposition.
Sec. 14. K.S.A. 13-13a38 is hereby amended to read as follows: 13-
13a38. (a) The board of regents of Washburn University of Topeka may
adopt a resolution imposing a countywide retailers' sales tax within
Shawnee county. Such resolution shall be published once each week for
two consecutive weeks in the Shawnee county official newspaper. The rate
of any such tax shall not exceed 0.65%. Such university is prohibited from
administering or collecting such tax locally, but shall utilize the services of
the state department of revenue to administer, enforce and collect such tax.
Except as otherwise provided by K.S.A. 13-13a39, and amendments
thereto, such tax shall be identical in its application and exemptions
therefrom to the Kansas retailers' sales tax act, and all laws and rules and
regulations of the state department of revenue relating to the Kansas
retailers' sales tax act shall apply to such tax insofar as the same may be
made applicable.
(b) The secretary of revenue is authorized to administer, enforce and
collect the university's retailers' sales tax and to adopt such rules and
regulations necessary for the efficient and effective administration,
enforcement and collection thereof. The state director of taxation shall
cause such taxes to be collected within the boundaries of Shawnee county
at the same time and in the same manner provided for the collection of the
state retailers' sales tax. All moneys collected by the director of taxation
pursuant to the provisions of this section shall be remitted to the state
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treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the Washburn University of Topeka retailers' sales tax fund, which fund
is hereby established in the state treasury. Any refund due on any tax
collected pursuant to this section shall be paid out of the sales tax refund
fund and reimbursement to such fund shall be made by the director of
taxation from collections of the university's sales tax revenue. All moneys
collected pursuant to this section for such university shall be remitted at
least quarterly by the state treasurer to the treasurer of such university.
(c) All revenue received by Washburn University of Topeka from its
retailers' sales tax shall be used solely for the purpose of financing its
operations regarding all support activities described by K.S.A. 13-13a18,
and amendments thereto.
(d) If within 30 days of the final publication of a resolution adopted
pursuant to subsection (a), a petition signed by a number of electors of the
county equal to not less than 5% of the number of qualified electors of the
county shall be filed in the office of the county election officer demanding
that such resolution be submitted to a vote of the electors, it shall not take
effect until submitted to a referendum and approved by the electors. An
election if called, shall be called within 30 days and held within 45 days
after the filing of the petition. The board, by resolution, shall call the
election and fix the date. Such resolution shall be published once each
week for two consecutive weeks in the official county newspaper, and the
election shall be conducted in the same manner as are elections for officers
of such county. Such election may be conducted in accordance with the
provisions of the mail ballot election act. The proposition shall be: "Shall
Washburn University of Topeka be authorized to impose a countywide
sales tax not to exceed 0.65% in Shawnee county for purposes of
eliminating 15 mills of ad valorem property taxes now levied by the
university and eliminating the payment of out-district tuition by the
townships within Shawnee county to the university?"
(e) The provisions of K.S.A. 12-191 and 12-191a, and amendments
thereto, insofar as may be made applicable, shall apply to sales subject to
the tax imposed pursuant to this section.
Sec. 15. K.S.A. 2025 Supp. 25-1122 is hereby amended to read as
follows: 25-1122. (a) Any registered voter may file with the county
election officer where such person is a resident, or where such person is
authorized by law to vote as a former precinct resident, an application for
an advance voting ballot. The signed application shall be transmitted only
to the county election officer by personal delivery, mail, facsimile or as
otherwise provided by law.
(b) If the registered voter is applying for an advance voting ballot to
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be transmitted in person, the voter shall provide identification pursuant to
K.S.A. 25-2908, and amendments thereto.
(c) If the registered voter is applying for an advance voting ballot to
be transmitted by mail, the voter shall provide with the application for an
advance voting ballot the voter's current and valid Kansas driver's license
number, nondriver's identification card number or a photocopy of any
other identification provided by K.S.A. 25-2908, and amendments thereto.
(d) A voter may vote a provisional ballot according to K.S.A. 25-409,
and amendments thereto, if:
(1) The voter is unable or refuses to provide current and valid
identification; or
(2) the name and address of the voter provided on the application for
an advance voting ballot do not match the voter's name and address on the
registration book. The voter shall provide a valid form of identification as
defined in K.S.A. 25-2908, and amendments thereto, to the county election
officer in person or provide a copy by mail or electronic means before the
meeting of the county board of canvassers. At the meeting of the county
board of canvassers the county election officer shall present copies of
identification received from provisional voters and the corresponding
provisional ballots. If the county board of canvassers determines that a
voter's identification is valid and the provisional ballot was properly cast,
the ballot shall be counted.
(e) No county election officer shall provide an advance voting ballot
to a person who is requesting an advance voting ballot to be transmitted by
mail unless:
(1) The county election official verifies that the signature of the
person matches that on file in the county voter registration records, except
that verification of the voter's signature shall not be required if a voter has
a disability preventing the voter from signing. Signature verification may
occur by electronic device or by human inspection. In the event that the
signature of a person who is requesting an advance voting ballot does not
match that on file, the county election officer shall attempt to contact the
person and shall offer the person another opportunity to provide the
person's signature for the purposes of verifying the person's identity. If the
county election officer is unable to reach the person, the county election
officer may transmit a provisional ballot, however, such provisional ballot
may not be counted unless a signature is included therewith that can be
verified; and
(2) the person provides such person's full Kansas driver's license
number, Kansas nondriver's identification card number issued by the
division of vehicles, or submits such person's application for an advance
voting ballot and a copy of identification provided by K.S.A. 25-2908, and
amendments thereto, to the county election officer for verification. If a
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person applies for an advance voting ballot to be transmitted by mail but
fails to provide identification pursuant to this subsection or the
identification of the person cannot be verified by the county election
officer, the county election officer shall provide information to the person
regarding the voter rights provisions of subsection (d) and shall provide
the person an opportunity to provide identification pursuant to this
subsection. For the purposes of this act, Kansas state offices and offices of
any subdivision of the state will allow any person seeking to vote by an
advance voting ballot the use of a photocopying device to make one
photocopy of an identification document at no cost.
(f) (1) Applications for advance voting ballots to be transmitted to the
voter by mail shall be filed only at the following times:
(A) For the primary election occurring on the first Tuesday in August
in both even-numbered and odd-numbered years, between April 1 of such
year and the Tuesday of the week preceding such primary election;
(B) for the general election occurring on the Tuesday following the
first Monday in November in both even-numbered and odd-numbered
years, between 90 days prior to such election and the Tuesday of the week
preceding such general election;
(C) for the presidential preference primary election held pursuant to
K.S.A. 25-4501a, and amendments thereto, between January 1 of the year
in which such election is held and 30 days prior to the day of such
election;
(D) for question submitted elections occurring on the date of a
primary or general election, the same as is provided for ballots for election
of officers at such election;
(E) for question submitted elections not occurring on the date of a
primary or general election, between the time of the first published notice
thereof and the Tuesday of the week preceding such question submitted
election, except that if the question submitted election is held on a day
other than a Tuesday, the final date for mailing of advance voting ballots
shall be one week before such election; and
(F) for any special election of officers, at such time as is specified by
the secretary of state.
(2) The county election officer of any county may receive
applications prior to the time specified in this subsection and hold such
applications until the beginning of the prescribed application period. Such
applications shall be treated as filed on that date.
(g) (1) Unless an earlier date is designated by the county election
office, applications for advance voting ballots transmitted to the voter in
person shall be filed on the Tuesday next preceding the election and on
each subsequent business day until no later than 12:00 noon on the day
preceding such election. If the county election officer so provides,
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applications for advance voting ballots transmitted to the voter in person in
the office of the county election officer also may be filed on the Saturday
preceding the election. Upon receipt of any such properly executed
application, the county election officer shall deliver to the voter such
ballots and instructions as are provided for in this act.
(2) An application for an advance voting ballot filed by a voter who
has a temporary illness or disability or who is not proficient in reading the
English language or by a person rendering assistance to such voter may be
filed during the regular advance ballot application periods until the close
of the polls on election day.
(3) The county election officer may designate places other than the
central county election office as satellite advance voting sites. At any
satellite advance voting site, a registered voter may obtain an application
for advance voting ballots. Ballots and instructions shall be delivered to
the voter in the same manner and subject to the same limitations as
otherwise provided by this subsection.
(h) Any person having a permanent disability or an illness that has
been diagnosed as a permanent illness is hereby authorized to make an
application for permanent advance voting status. Applications for
permanent advance voting status shall be in the form and contain such
information as is required for application for advance voting ballots and
also shall contain information that establishes the voter's right to
permanent advance voting status.
(i) On receipt of any application filed under the provisions of this
section, the county election officer shall prepare and maintain in such
officer's office a list of the names of all persons who have filed such
applications, together with their correct post office address and the
precinct, ward, township or voting area in which the persons claim to be
registered voters or to be authorized by law to vote as former precinct
residents and the present resident address of each applicant. Names and
addresses shall remain so listed until the day of such election. The county
election officer shall maintain a separate listing of the names and addresses
of persons qualifying for permanent advance voting status. All such lists
shall be available for inspection upon request in compliance with this
subsection by any registered voter during regular business hours. The
county election officer upon receipt of the applications shall enter upon a
record kept by such officer the name and address of each applicant, which
record shall conform to the list above required. Before inspection of any
advance voting ballot application list, the person desiring to make the
inspection shall provide to the county election officer identification in the
form of driver's license or other reliable identification and shall sign a log
book or application form maintained by the officer stating the person's
name and address and showing the date and time of inspection. All records
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made by the county election officer shall be subject to public inspection,
except that the voter identification information required by subsections (b)
and (c) and the identifying number on ballots and ballot envelopes and
records of such numbers shall not be made public.
(j) If a person on the permanent advance voting list fails to vote in
four consecutive general elections, the county election officer may mail a
notice to such voter. The notice shall inform the voter that the voter's name
will be removed from the permanent advance voting list unless the voter
renews the application for permanent advance voting status within 30 days
after the notice is mailed. If the voter fails to renew such application, the
county election officer shall remove the voter's name from the permanent
advance voting list. Failure to renew the application for permanent
advance voting status shall not result in removal of the voter's name from
the voter registration list.
(k) (1) Any person who solicits by mail a registered voter to file an
application for an advance voting ballot and includes an application for an
advance voting ballot in such mailing shall include on a page in such
mailing a clear and conspicuous label in 10-point font or larger that
includes:
(A) The name of the individual or organization that caused such
solicitation to be mailed;
(B) the address of such individual or organization; and
(C) the following statement: "Disclosure: This is not a government
mailing. It is from a private individual or organization."
(2) The application for an advance voting ballot included in such
mailing shall be the official application for advance ballot by mail
provided by the secretary of state or the appropriate county election office.
No portion of such application shall be completed prior to mailing such
application to the registered voter, except that the date of the election may
be printed on the application.
(3) An application for an advance voting ballot shall include
information on how to mail such application to the appropriate county
election office. In no case shall the person who mails the application to the
voter direct that the completed application be returned to such person.
(4) The provisions of this subsection shall not apply to:
(A) The secretary of state or any election official or county election
office; or
(B) the official protection and advocacy for voting access agency for
this state as designated pursuant to the federal help America vote act of
2002, public law 107-252, or any other entity required to provide
information concerning elections and voting procedures by federal law.
(5) A violation of this subsection is a class C nonperson
misdemeanor.
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(l) (1) No person shall mail or cause to be mailed an application for
an advance voting ballot, unless such person is a resident of this state or is
otherwise domiciled in this state.
(2) Any individual may file a complaint in writing with the attorney
general alleging a violation of this subsection. Such complaint shall
include the name of the person alleged to have violated this subsection and
any other information as required by the attorney general. Upon receipt of
a complaint, the attorney general shall investigate and may file an action
against any person found to have violated this subsection.
(3) Any person who violates the provisions of this subsection is
subject to a civil penalty of $20. Each instance in which a person mails an
application for an advance voting ballot in violation of this section shall
constitute a separate violation.
(m) A county election officer shall not mail a ballot to a voter unless
such voter has submitted an application for an advance voting ballot,
except that a ballot may be mailed to a voter if such voter has permanent
advance voting ballot status pursuant to subsection (h) or if the election is
conducted pursuant to the mail ballot election act, K.S.A. 25-431 et seq.,
and amendments thereto.
(n) The secretary of state may adopt rules and regulations in order to
implement the provisions of this section and to define valid forms of
identification.
Sec. 16. K.S.A. 25-2709 is hereby amended to read as follows: 25-
2709. The following election records may be destroyed after they have
been on file for the period stated:
(1) Appointments and oaths of office of election board members, two
years.
(2) Registration lists, five years.
(3) Poll books, five years.
(4) Party affiliation lists, five years.
(5) Abstracts of voting records, 20 years.
(6) Affidavits required to be filed by the election laws of the state of
Kansas, including advance voting and mail ballot envelopes containing
voters' declarations, two years.
(7) All other election records used at polling places, two years.
(8) Declination forms maintained by voter registration agencies and
the division of motor vehicles, two years.
(9) Confirmation notices, two years.
(10) Confirmation responses, two years.
Sec. 17. K.S.A. 2025 Supp. 25-2812 is hereby amended to read as
follows: 25-2812. (a) Not less than 60 days before any election, the county
election officer may contact the administrator or operator at each nursing
facility, assisted living facility and hospital-based long-term care unit to
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request that the registered voters in such facility be offered the opportunity
to vote in such election according to the procedures outlined in this
section. If the administrator or operator of the facility agrees, the county
election officer and the administrator or operator shall establish a date,
mutually agreed upon, for such voting to take place. The provisions of this
section shall not apply to mail ballot elections conducted pursuant to
K.S.A. 25-431 et seq., and amendments thereto.
(b) The county election officer shall appoint a special election board
of two or more members to administer ballots to registered voters who are
residents of any facility designated in subsection (a) and that has agreed to
participate. The members of such special election board shall be appointed
and trained by the county election officer in the same manner as members
of election boards serving in polling places on election day. The members
of a special election board shall possess the qualifications of registered
voters in Kansas and in the county where such members serve and shall
subscribe the oath prescribed by law. The members of the board shall not
all be affiliated with the same political party, to the extent practicable, and
shall not be candidates for any offices, other than the offices of precinct
committeemen or precinct committeewomen, to be elected in the election
at which such members serve.
(c) The special election board shall, to the extent practicable, follow
advance voting procedures as provided for by law. All persons who are
registered voters of the county and who are current residents of the facility
may request a ballot from the special election board. In the case of a voter
who has applied for and received permanent advance voting status
pursuant to K.S.A. 25-1122(h), and amendments thereto, the special
election board may deliver such voter's ballot to the voter instead of
mailing the ballot as required by K.S.A. 25-1123, and amendments thereto.
Any voter may receive assistance from a member of the special board or
from a person of such voter's choice. Any person rendering assistance to a
voter shall sign a written statement as provided for in K.S.A. 25-1124(e),
and amendments thereto, and shall file such statement with the special
board or with the county election officer.
(d) The special election board shall ensure that the privacy of each
voter is preserved and shall cause each voter's ballot to be sealed in an
envelope or deposited in a locked ballot box. In cases where electronic or
electromechanical voting systems are used, the special election board shall
ensure that the voting equipment is secured from tampering and
unauthorized access. At the conclusion of the voting process at a facility,
the ballots, voting equipment, voting records and materials shall be
returned to the county election officer. All the members of the special
election board shall certify the receipt and return of the ballots, voting
equipment, voting records and materials.
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(e) The county election officer shall ensure that the ballots received
from any such special election board shall be tabulated according to
procedures established by law for the tabulation of advance voting ballots
and shall ensure that the tabulated returns are included with other official
election returns and presented to the county board of canvassers for the
canvass as provided by law. Any ballot cast by a voter pursuant to this
section may be challenged in the same manner as other ballots are
challenged.
(f) The county election officer shall ensure that mobile voting sites
established under this act are clearly posted as such during the hours
voting is allowed.
(g) (1) For the purposes of this section, the term:
(A) "Assisted living facility" means the same as defined in K.S.A. 39-
923, and amendments thereto.
(B) "Hospital-based long-term care unit" means a unit that provides
physician services and continuous nursing supervision for patients who:
(i) Are not in an acute phase of illness; and
(ii) currently require nursing care that is primarily of a convalescent,
restorative or long-term nature. Long-term care unit also includes
medicare-certified, distinct-part long-term care units.
(C) "Nursing facility" means the same as defined in K.S.A. 39-923,
and amendments thereto.
Sec. 18. K.S.A. 2025 Supp. 25-3002 is hereby amended to read as
follows: 25-3002. (a) The rules prescribed in this section shall apply to:
(1) The original canvass by election boards.
(2) Intermediate and final canvasses by county boards of canvassers.
(3) Final canvass by the state board of canvassers.
(4) All election contests.
(5) All other officers canvassing or having a part in the canvass of
any election.
(b) The following shall be rules for canvassers:
(1) No ballot, or any portion thereof, shall be invalidated by any
technical error unless it is impossible to determine the voter's intention.
Determination of the voter's intention shall rest in the discretion of the
board canvassing in the case of a canvass and in the election court in the
case of an election contest.
(2) The occurrences listed in this paragraph shall not invalidate the
whole ballot but shall invalidate that portion, and that portion only, in
which the occurrence appears. The votes on such portion of the ballot shall
not be counted for any candidate listed or written in such portion, but the
remainder of the votes in other portions of the ballot shall be counted. The
occurrences to which this paragraph shall apply are:
(A) Whenever a voting mark shall be made in the square at the left of
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the name of more than one candidate for the same office, except when the
ballot instructs that more than one candidate is to be voted; and
(B) whenever a voting mark is placed in the square at the left of a
space where no candidate is listed.
(3) When a registered voter has cast a provisional ballot intended for
a precinct other than the precinct in which the voter resides but located
within the same county, the canvassers shall count the votes for those
offices or issues that are identical in both precincts. The canvassers shall
not count the votes for those offices or issues that differ from the offices or
issues appearing on the ballot used in the precinct in which the voter
resides.
(4) A write-in vote for those candidates for the offices of governor
and lieutenant governor shall not be counted unless the pair of candidates
have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and
amendments thereto, and:
(A) Both candidates' names are written on the ballot; or
(B) only the name of the candidate for governor is written on the
ballot.
(5) A write-in vote for those candidates for the offices of president
and vice-president shall not be counted unless the pair of candidates have
filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments
thereto, and:
(A) Both candidates' names are written on the ballot; or
(B) only the name of the candidate for president is written on the
ballot.
(6) A write-in vote for candidates for the offices of Unites States
senator and United States house of representatives shall not be counted
unless the candidate has filed an affidavit of candidacy pursuant to K.S.A.
25-305, and amendments thereto.
(7) A write-in vote for candidates for state offices elected on a
statewide basis other than offices subject to paragraph (4), the state house
of representatives, state senate, state board of education, district judges,
district magistrate judges, district attorneys, any county officer or any city
officer of a city of the first class shall not be counted unless the candidate
has filed an affidavit of candidacy pursuant to K.S.A. 25-305, and
amendments thereto.
(8) Any advance voting or mail ballot whose envelope containing the
voter's written declaration is unsigned , shall be wholly void , and no vote
thereon shall be counted.
(9) No ballot cast shall be counted if the voter fails to provide valid
identification as defined by K.S.A. 25-2908, and amendments thereto.
(10) When a registered voter who is unaffiliated with a political party
has cast a provisional partisan ballot in a primary election, the canvassers
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shall count the votes for those offices or issues for which an unaffiliated
voter may cast a vote. The canvassers shall not count the votes for those
offices for which only a voter who is affiliated with a political party may
cast a vote.
Sec. 19. K.S.A. 42-706 is hereby amended to read as follows: 42-706.
(a) The officers of such district shall be a board of directors consisting of
three members who shall be persons entitled to vote as provided in
subsection (g) and residents of a county in which the district or a portion
thereof is located, or county adjoining a county in which such irrigation
district or a portion thereof is located. Such members shall hold office for a
period of two or four years, such term of office being established by the
board of directors by passage of a resolution, and each shall serve until a
successor has been elected and qualified. The members of the board of
directors first elected after the creation of an irrigation district shall hold
their respective offices until the next regular election for the election of
directors as provided in subsection (e) or (f) of this section except that the
terms of the three directors shall be as provided in subsection (e) of this
section.
(b) The chief engineer of the division of water resources, after the
incorporation of such irrigation district, shall establish and designate the
polling place or places therein where the first election will be conducted
and fix the time for such election within 60 days after the date of
incorporation. In any irrigation district of more than 35,000 acres, the chief
engineer of the division of water resources shall, prior to designating
polling places, establish three voting areas within such district as equal as
possible in acreage and shall designate the same as the first, second or
third voting area. Such polling place or places may thereafter be changed
by the board of directors, and the board may arrange for polling places
outside the corporate boundaries of the district if such places are more
convenient than locations within the district. Prior to the holding of the
first election in newly created districts, the chief engineer of the division of
water resources shall appoint from the qualified electors of the district
three persons for such election for each voting place who shall constitute
boards of election for such district for such election. If the members
appointed do not attend at the opening of the polls on the day of election,
at the opening hour, the electors present at that hour shall elect from the
electors present members of the election board necessary to fill the place
of any absent member.
(c) The board of directors of every district of more than 35,000 acres
which that was incorporated prior to the effective date of this act shall
establish three voting areas within the district as equal as possible in
acreage and designate the same as the first, second or third voting area.
The board shall also establish and designate the polling place or places
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within each voting area. At the first election held after the effective date of
this act, a director shall be elected for the term length established by the
board.
(d) (1) Except as provided in paragraph (2) subsection (f) , all
elections shall be conducted in accordance with the general election laws
of the state except as otherwise provided in this act . Advance voting as
provided in article 11 of chapter 25 of the Kansas Statutes Annotated, and
amendments thereto, shall be provided for by the county election officers
and boards of directors for those persons entitled to vote under subsection
(g). The forms for the ballot envelope declaration as provided in K.S.A.
25-1120, and amendments thereto, and the applications for advance ballots
as provided in K.S.A. 25-1122d, and amendments thereto, shall be
modified to establish that such person is a qualified owner of irrigable land
within the district. After polls are closed the election boards shall proceed
to canvass the votes cast thereat, shall certify to the county election officer
of the county in which all or the greater part of the population of the
irrigation district is located and the chief engineer the result of such
election. The clerks shall then securely wrap the ballots cast at such
elections and shall express or mail the same by registered mail to the
county election officer of the county in which all or the greater part of the
population of the irrigation district is located. The county election officer
shall canvass the ballots, verify the results and declare the person receiving
the highest number of votes duly elected as director except that at the first
election after creation of a district the county election officer of the county
in which all or the greater part of the population of the irrigation district is
located shall declare the three persons receiving the highest number of
votes duly elected as directors except that in districts divided into three
voting areas, the person receiving the highest number of votes in each
voting area shall be duly elected as director. Such county election officer
shall immediately mail, to each person elected to the office of director a
certificate of election signed by such officer. The directors shall thereupon
qualify and enter upon the duties of their office. Directors shall qualify by
taking and subscribing to an oath of office of substantially the same tenor
as oath of office prescribed for county officials. Each member of the board
of directors shall execute an official bond in the sum of $1,000 which .
Such oath and bond shall be filed with the county election officer of the
county in which all or the greater part of the population of the irrigation
district is located. The treasurer of each irrigation district shall execute to
the district a corporate surety bond in an amount at least equal to 125% of
the amount, as near as can be ascertained, that shall be in such person's
hands as treasurer at any one time. The amount and sufficiency of the bond
of the treasurer shall be determined by the county election officer. Upon
approval of the bond, the county election officer shall endorse such
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approval thereon and file the same in the office of the county election
officer and shall immediately notify the county treasurer of the county in
which the registered office of the irrigation district is located of such
approval and filing. In the event of the breach of any condition of the
treasurer's bond, the president and secretary of the board shall cause a suit
to be commenced thereon in the name of the irrigation district. It shall not
be necessary to include the treasurer as a party to the action and the money
collected shall be applied to the use of the district, as the same should have
been applied by the treasurer. Should the president and secretary neglect or
refuse to prosecute such a suit, then any person entitled to vote as provided
in subsection (g) may cause such suit to be instituted. Premiums on surety
bonds for such directors and treasurers of irrigation districts shall be paid
by the district out of its general funds. In case the office of any director
shall become vacant the remaining members of the board shall fill the
vacancy by appointment. A director appointed to fill a vacancy shall serve
the unexpired term of the director whose term such person was appointed
to fill.
(2) For any election except the election required in subsection (b), the
board of directors may adopt a procedure providing for the election of
members by mail ballot. Such procedure shall require the board to mail
ballots to all persons entitled to vote, to receive and tabulate the ballots, to
canvass the election and to certify the results to the county election officer.
The irrigation district shall be responsible for the direct expenses of
conducting the election. The ballot envelope used for mailing ballots shall
contain a declaration establishing that the person who signs the declaration
is a qualified owner of irrigable land within the district.
(e) All regular elections of directors of irrigation districts shall be
held the Tuesday following the first Monday in November in odd-
numbered years. Any districts organized after the regular election shall
hold its election at the next regular election following incorporation of the
district and, at this election three directors shall be elected and the person
receiving the highest number of votes shall serve for a term of four years,
the persons receiving the second and third highest number of votes shall
serve for a term of two years. In case the first election after creation of a
district is held between June 1 of any year and the day preceding the
Tuesday following the first Monday in November of the next succeeding
odd-numbered year, the next regular election shall be held in the second
succeeding odd-numbered year. At each subsequent regular election, only
one director shall be elected each year for a term of four years. Any person
desiring to be a candidate for election to the board of directors shall file a
candidate's declaration of intention with the county election officer of the
county in which all or the greater part of the population of the district is
located. Such candidate's filing shall utilize the procedures provided in
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K.S.A. 25-205 and 25-21a03, and amendments thereto , and K.S.A. 25-
205, and amendments thereto. The county election officer shall prepare the
ballot, and place the names thereon in alphabetical order and shall supply
election officials with necessary ballots and polling books at the irrigation
district's expense. At least five days before any election, the county clerks
of the various counties within which a portion of the district is located,
shall cause to be ascertained the names of all persons entitled to vote as
provided in subsection (g) and shall furnish lists thereof to each election
board within such county and to the secretary of the board of directors of
the district. Notice of the time and places of holding of the general
election, shall be published by the county election officer in a newspaper
of general circulation in the district in accordance with K.S.A. 25-105, and
amendments thereto. The results of all special or bond elections shall be
made available to the secretary of the district. All expenses of election, not
otherwise provided for herein, shall be paid for out of the general funds of
the irrigation district. Election officials shall receive the same
compensation as provided under general election laws.
(f) In lieu of the election procedures provided in this section
pertaining to regular elections of directors in accordance with the general
election laws of the state, the board of directors of any irrigation district of
less than 35,000 acres in size may call an annual meeting of all persons
entitled to vote as provided in subsection (g) for the purpose of electing
directors. Such annual meeting shall be held on the first Tuesday in March.
Notice of the time and place of holding said annual meeting shall be given
in some newspaper or newspapers of general circulation in the district for
one issue at least 30 days prior to date of such meeting. Elections at the
annual meeting shall be by ballot, with absentee voting as provided under
subsection (d) of this section . All persons desiring to be voted upon as
director shall at least 30 days before the day of holding the annual meeting
file such person's name with the secretary of the board of directors of the
district, affixed to a statement that such person desires such person's name
to be placed on the ballot as a candidate for member of board of directors
of the district. The board of directors shall appoint three owners of
irrigable land in the district to serve as an election board at the annual
meeting. After the votes are cast at the annual meeting the election board
shall proceed to canvass the votes and shall certify to the county election
officer of the county in which all or the greater part of the population of
the irrigation district is located and the chief engineer the result of such
election. All provisions of this section not inconsistent with the provisions
of this subsection (f) shall apply to the election of directors at the annual
meeting.
(g) (1) Until such time as assessments are made in the district
pursuant to K.S.A. 42-715, and amendments thereto, those persons entitled
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to vote shall be "qualified owners of land" within the irrigation district, as
such term is defined in K.S.A. 42-701, and amendments thereto, and who
are otherwise qualified electors.
(2) After lands have been assessed in the district pursuant to K.S.A.
42-715, and amendments thereto, those persons entitled to vote shall be
"qualified owners of land" within the irrigation district as such term is
defined in K.S.A. 42-701, and amendments thereto, which that has been
assessed pursuant to K.S.A. 42-715, and amendments thereto, and who are
otherwise qualified electors.
(3) For voting purposes, any person entitled to vote under this
subsection who owns land in more than one voting area shall vote in the
voting area which that includes the greatest portion of such person's land.
As used in this section, the term "qualified electors" shall include includes
a person who is the legal qualified owner of irrigable land or a person, who
is authorized, in writing, to vote for a trust, corporation, association or
partnership which that is the legal qualified owner of irrigable land. Such
person is not required to be a resident of the district. Such trust,
corporation, association or partnership shall be allowed only one vote. The
person authorized by such entity to vote shall be someone who is not
otherwise entitled to a vote under this section.
Sec. 20. K.S.A. 72-9939 is hereby amended to read as follows: 72-
9939. (a) Each member district of unified school district No. 512, Johnson
county, Kansas may have a five-member advisory board. The member of
the board of education elected from each member district shall be a
member and chairperson of the advisory board for such member's district.
The four members of the advisory board other than the chairperson shall
be elected during the month of May of each even-numbered year at a
meeting of school patrons of that member district called for the purpose by
the board of education, and shall serve for a term of two years. Absentee
ballots may be cast at any election of advisory board members in the
manner and under the conditions prescribed by the board of education. If a
vacancy shall occur on any advisory board, the board of education shall
appoint a person to fill such vacancy for the unexpired term.
(b) The advisory board of each member district shall serve to provide
liaison between the citizens of the member district and the board of
education of the unified school district. Each advisory board shall be
responsible to make recommendations to the board of education on all
matters relating to education including, but without excluding others, the
following subject areas: (1) Personnel of the school district,; (2) curricula,;
(3) budget; and (4) budget allocation. On or before December 1 of each
year, each advisory board shall adopt its recommendations with respect to
curricula and shall submit the same to the board of education of the unified
school district. On or before February 1 of each year , each advisory board
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shall make its recommendations on personnel and submit the same to such
board of education. Each advisory board shall meet at least monthly at a
time and place determined by it, and such time and place shall be specified
in a publication notice thereof at least one time each year in a newspaper
having general circulation in the member district. Such publications shall
not be required to be in the form of a legal publication, and such
publication may be made in a paper not authorized to make legal
publications in such unified school district.
(c) The board of education may adopt a resolution exempting the
school district from the requirements of subsections (a) and (b). The
resolution shall be published once each week for two consecutive weeks in
a newspaper of general circulation in the school district. If, within 30 days
after the last publication, a petition signed by not less than 5% of the
qualified electors in the school district is filed in the office of the county
election officer requesting an election thereon, the school district shall
remain subject to the provisions of subsections (a) and (b) unless the
question is submitted to and approved by a majority of the voters of the
school district voting at an election called by the governing body. Such
election shall be called and held in the manner provided under the
provisions of K.S.A. 10-120, and amendments thereto. Such election also
may be conducted by mail ballot.
Sec. 21. K.S.A. 2025 Supp. 79-2925c is hereby amended to read as
follows: 79-2925c. (a) (1) On and after January 1, 2017, and prior to
January 1, 2021, the governing body of any city or county shall not
approve any appropriation or budget which that provides for funding by
property tax revenues in an amount exceeding that of the next preceding
year as adjusted to reflect the average changes in the consumer price index
for all urban consumers as published by the United States department of
labor for the preceding five calendar years, which shall not be less than
zero, unless the city or county approves the appropriation or budget with
the adoption of a resolution and such resolution has been submitted to and
approved by a majority of the qualified electors of the city or county
voting at an election called and held thereon, except as otherwise provided.
(2) The election shall be called and held in the manner provided by
K.S.A. 10-120, and amendments thereto, and may be:
(A) Held at the next regularly scheduled election to be held in August
or November; or
(B) may be a mail ballot election, conducted in accordance with
K.S.A. 25-431 et seq., and amendments thereto; or
(C) may be a special election called by the city or county.
(3) Nothing in this subsection shall prevent any city or county from
holding more than one election in any year. The city or county requesting
the election shall be responsible for paying all costs associated with
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conducting the election.
(b) A resolution by the governing body of a city or county otherwise
required by the provisions of this section shall not be required to be
approved by an election required by subsection (a) under the following
circumstances:
(1) Increased property tax revenues that, in the current year, are
produced and attributable to the taxation of:
(A) The construction of any new structures or improvements or the
remodeling or renovation of any existing structures or improvements on
real property, which shall not include any ordinary maintenance or repair
of any existing structures or improvements on the property;
(B) increased personal property valuation;
(C) real property located within added jurisdictional territory;
(D) real property which that has changed in use;
(E) expiration of any abatement of property from property tax; or
(F) expiration of a tax increment financing district, rural housing
incentive district, neighborhood revitalization area or any other similar
property tax rebate or redirection program.
(2) Increased property tax revenues that will be spent on:
(A) Bond, temporary notes, no fund warrants, state infrastructure
loans and interest payments not exceeding the amount of ad valorem
property taxes levied in support of such payments, and payments made to a
public building commission and lease payments but only to the extent such
payments were obligations that existed prior to July 1, 2016;
(B) payment of special assessments not exceeding the amount of ad
valorem property taxes levied in support of such payments;
(C) court judgments or settlements of legal actions against the city or
county and legal costs directly related to such judgments or settlements;
(D) expenditures of city or county funds that are specifically
mandated by federal or state law with such mandates becoming effective
on or after July 1, 2015, and loss of funds from federal sources after
January 1, 2017, where the city or county is contractually obligated to
provide a service;
(E) expenses relating to a federal, state or local disaster or federal,
state or local emergency, including, but not limited to, a financial
emergency, declared by a federal or state official. The board of county
commissioners may request the governor to declare such disaster or
emergency; or
(F) increased costs above the consumer price index for law
enforcement, fire protection or emergency medical services.
(3) Any increased property tax revenues generated for law
enforcement, fire protection or emergency medical services shall be
expended exclusively for these purposes but shall not be used for the
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construction or remodeling of buildings.
(4) The property tax revenues levied by the city or county have
declined:
(A) In one or more of the next preceding three calendar years and the
increase in the amount of funding for the budget or appropriation from
revenue produced from property taxes does not exceed the average amount
of funding from such revenue of the next preceding three calendar years,
adjusted to reflect changes in the consumer price index for all urban
consumers as published by the United States department of labor for the
preceding calendar year; or
(B) the increase in the amount of ad valorem tax to be levied is less
than the change in the consumer price index plus the loss of assessed
property valuation that has occurred as the result of legislative action,
judicial action or a ruling by the board of tax appeals.
(5) Whenever a city or county is required by law to levy taxes for the
financing of the budget of any political or governmental subdivision of this
state that is not authorized by law to levy taxes on its own behalf, and the
governing body of such city or county is not authorized or empowered to
modify or reduce the amount of taxes levied therefore, the tax levies of the
political or governmental subdivision shall not be included in or
considered in computing the aggregate limitation upon the property tax
levies of the city or county.
(6) Any tax levy increase as a result of another taxing entity being
dissolved and all powers, responsibilities, duties and liabilities of the
taxing entity have been transferred to a city located in the county in which
the taxing entity is located, or to the county in which the taxing entity is
located, to carry on the function and responsibilities of the dissolved
taxing entity, so long as the levy increase does not exceed the levy of the
dissolved taxing entity.
Sec. 22. K.S.A. 82a-626 is hereby amended to read as follows: 82a-
626. (a) The term of office of every member elected to an original board
shall be until the date of the annual meeting of the participating members
of either the first, second or third year following the year of the
incorporation of the district and until their successors are elected and have
qualified, and as nearly as possible the terms of an equal number of
directors on any such board shall expire on each of such dates.
(b) Except as provided by the bylaws of the district pursuant to
K.S.A. 82a-648, and amendments thereto, At the annual meeting of each
year after the year of the election of the original board members, elections
shall be held to elect directors to fill any position on the board, the term of
office of which has expired, and any director so elected shall hold office
for a term of three years and until such director's successor is elected and
has qualified. For the purpose of election of board members and for such
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other purposes as the bylaws may prescribe, annual meetings of
participating members shall be held by each district between January 1 and
April 1 of each year following the year of incorporation of such district.
The board of directors shall cause notice of the time and place of each
annual meeting and the purpose thereof to be mailed to each of its
participating members or shall cause such notice to be published in a
newspaper of general circulation within the district. Every such notice
shall be mailed or published not less than 10 nor more than 30 days prior
to any such meeting. Each participating member shall be entitled to a
single vote, regardless of the number of benefit units to which such
member has subscribed.
Sec. 23. K.S.A. 82a-649 is hereby amended to read as follows: 82a-
649. (a) The board of directors of any rural water district organized under
K.S.A. 82a-612 et seq., and amendments thereto, and the governing body
of any municipality which that adjoins such district may enter into an
agreement for the acquisition of such district's water supply and
distribution system by such municipality and the assumption of water
service by such municipality to the customers of such district upon the
terms of such agreement and the provisions of this act.
(b) Any agreement pursuant to the provisions of this act may provide,
but not necessarily be limited to, terms and conditions for:
(1) The transfer to the municipality of control and ownership of the
district's water supply and distribution system, including all property,
equipment, records, reports and funds;
(2) continued service, at an agreed upon rate, by the municipality to
customers served by such system;
(3) assumption of all or part of the revenue bond liability or other
outstanding obligations of the district; and
(4) establishment of a policy for connecting new customers to the
water supply and distribution system.
(c) An agreement entered into pursuant to this act shall not take effect
until:
(1) The board of directors of the rural water district and the governing
body of the municipality each adopts a resolution approving such
agreement;
(2) a copy of the agreement is filed for public inspection in the office
of the county clerk of each county where there is located any portion of the
area served by the rural water district;
(3) the board of directors of the rural water district causes notice of
the approval of the agreement, the reasons therefor and a copy of the
agreement to be mailed to each participating member of the district;
(4) the board of directors causes to be published once in a newspaper
or newspapers of general circulation in the areas served by the district's
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water supply and distribution system notice of the approval of the
agreement and the reasons therefor, together with a statement that the
proposed agreement shall take effect unless there is presented to the board
of directors of the rural water district a petition as provided by subsection
(d); and
(5) if a petition is presented as provided by subsection (d), a majority
of the participating members of the district approve the agreement as
provided by subsection (d).
(d) If, within 60 days after publication of notice pursuant to
subsection (c), there is presented to the board of directors of the rural
water district board a written petition which that is signed by participating
members of the rural water district equal in number to not less than 10% of
the total number of participating members of the district according to the
records of the district and requests an election on whether the agreement
shall take effect, the board of directors of the rural water district shall call
an election on the approval of such agreement. The election may be held at
a meeting called for that such purpose or may be by mail ballot, or both .
The agreement shall not take effect unless approved by a majority of the
participating members voting at the election to approve the agreement.
Each participating member shall be entitled to a single vote, regardless of
the number of benefit units to which such member has subscribed.
(e) Notwithstanding the provisions of subsections (b) and (c), no
agreement made pursuant to this section shall become effective unless
prior to entering into such agreement, the rural water district purchases
from the municipality the water distributed by such district.
(f) Notwithstanding the provisions of K.S.A. 82a-629, and
amendments thereto, a rural water district shall be dissolved whenever the
district enters into an agreement pursuant to this section and the agreement
provides for:
(1) Total transfer of the district's water supply and distribution district
and all other assets of the district;
(2) continuation of water supply and distribution service to all
customers of the district;
(3) assumption of all revenue bond liability and all other obligations
of the district; and
(4) a policy for connecting new customers to the water supply and
distribution system.
Sec. 24. K.S.A. 82a-650 is hereby amended to read as follows: 82a-
650. (a) As used in this section, unless the context clearly requires
otherwise:
(1) "Acquired district" means a rural water district organized under
K.S.A. 82a-612 et seq., and amendments thereto, that wishes to transfer its
assets, liabilities and the area contained within its boundaries to another
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rural water district organized under K.S.A. 82a-612 et seq., and
amendments thereto.
(2) "Acquiring district" means a rural water district organized under
K.S.A. 82a-612 et seq., and amendments thereto, that wishes to receive
from an acquired district, the acquired district's assets, liabilities and the
area contained within the acquired district's boundaries.
(b) The board of directors of an acquiring district and the board of
directors of an acquired district may enter into a memorandum of
understanding containing, but not necessarily limited to, terms and
conditions for:
(1) The transfer to the acquiring district of control and ownership of
the acquired district's water supply and distribution system, including all
property, equipment, contracts, records, reports and funds;
(2) continued service, at an agreed upon rate, by the acquiring district
to customers served by such system;
(3) assumption by the acquiring district of all of the revenue bond
liability and other outstanding obligations of the acquired district;
(4) establishment of a policy for connecting new customers to the
acquired water distribution system; and
(5) the acquisition by the acquiring district of the area within the
acquired district's boundaries.
(c) The terms contained in a memorandum of understanding entered
into pursuant to this act shall take effect by operation of law when:
(1) The board of directors of the acquiring district and the board of
directors of the acquired district each adopt a resolution approving such
terms;
(2) a copy of the memorandum of understanding is filed for public
inspection in the office of the county clerk of each county where there is
located any portion of the area served by the acquired district;
(3) the board of directors of the acquired district causes notice of the
approval of the terms of the memorandum of understanding, the reasons
for such approval and a copy of the memorandum of understanding to be
mailed to each participating member of the acquired district;
(4) the board of directors of the acquired district causes to be
published once in a newspaper or newspapers of general circulation in the
areas served by the acquired district's water supply and distribution system
notice of the approval of the memorandum of understanding and the
reasons for such approval, together with a statement that the terms of the
memorandum of understanding shall take effect unless there is presented
to the board of directors of the acquired district a petition as provided by
subsection (d); and
(5) if a petition is presented as provided by subsection (d), a majority
of the participating members of the acquired district approve the
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memorandum of understanding as provided by subsection (d).
(d) If, within 60 days after publication of notice pursuant to
subsection (c), there is presented to the board of directors of the acquired
district a written petition which that is signed by participating members of
the acquired district equal in number to not less than 10% of the total
number of participating members of the acquired district according to the
records of the acquired district and requests an election on whether the
terms of the memorandum of understanding shall take effect, the board of
directors of the acquired district shall call an election on the approval of
the terms of such memorandum. The election may be held at a meeting
called for that such purpose or may be by mail ballot. If such an election is
held, the terms of the memorandum of understanding shall not take effect
unless they are approved by a majority of the participating members voting
at the election to approve such terms.
(e) Notwithstanding the provisions of K.S.A. 82a-629, and
amendments thereto, an acquired district shall be dissolved whenever that
district enters into a memorandum of understanding pursuant to this
section, such memorandum shall take effect by operation of law pursuant
to this section, and such memorandum provides for:
(1) Total transfer of the acquired district's water supply and
distribution system and all other assets of the acquired district;
(2) continuation of water supply and distribution service to all
customers of the acquired district;
(3) assumption by an acquiring district of all revenue bond liability
and all other obligations of the acquired district;
(4) a policy for connecting new customers to the water supply and
distribution system; and
(5) acquisition by an acquiring district of the area within the acquired
district's boundaries.
(f) At the time of the effective date of the acquisition, and unless
otherwise provided by the memorandum of understanding:
(1) All the property of the acquired district shall be combined and
administered as one unit with that of the acquiring district, and the
acquiring district shall thereupon be invested with all the property benefits,
franchises and privileges of the acquired and acquiring districts and shall
have all of the powers of rural water districts;
(2) all revenue bonds, promissory notes or other liabilities theretofore
incurred by the acquired district shall be paid in accordance with the terms
thereof from revenues and facilities of both the acquired and acquiring
districts; and
(3) a copy of the memorandum of understanding and a map showing
the boundaries of the consolidated rural water district shall be filed with
the chief engineer and the secretary of state.
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Sec. 25. K.S.A. 82a-2205 is hereby amended to read as follows: 82a-
2205. (a) In addition to and notwithstanding any limitations on the
aggregate amount of the retailers' sales tax contained in K.S.A. 12-187
through 12-197, and amendments thereto, the district may impose a
horsethief reservoir benefit district sales tax on the selling of tangible
personal property at retail or rendering or furnishing services taxable
pursuant to the provisions of the Kansas retailers' sales tax act, and
amendments thereto, within the district for purposes of financing the
project in increments of 0.05% and in an aggregate amount not to exceed
0.25% and pledge the revenue received therefrom to pay the costs of the
project, the costs to manage and operate the project and to make debt
service payments on any bonds issued to finance the project. Any
horsethief reservoir benefit district sales tax imposed pursuant to this
section shall expire no later than the maturity date of the bonds issued to
finance such project or refunding bonds issued therefor.
(b) Prior to the imposition of the horsethief reservoir benefit district
sales tax, the governing board shall adopt a resolution stating its intention
to levy a horsethief reservoir benefit district sales tax for the purpose of
financing the project and continued management and operational expenses
thereof as proposed by this act. The governing board shall give notice of
the public hearing on the imposition of such horsethief reservoir benefit
district sales tax. Such notice shall be published at least once a week for
two consecutive weeks in the official county newspaper of each county
whose boundaries are located within the district. The second notice shall
be published at least seven days prior to the date of hearing. The notice
shall contain the following information:
(1) The time and place of the hearing;
(2) the nature of the project;
(3) the estimated cost of the project;
(4) the proposed method of financing the project; and
(5) the proposed amount of the horsethief reservoir benefit district
sales tax to be imposed and the termination date of such horsethief
reservoir benefit district sales tax.
(c) The hearing may be adjourned from time to time. Following the
hearing, the governing board may authorize the project, approve the
estimated cost of the project and the method of financing of the project by
adoption of the appropriate resolution. Such resolution shall be effective
upon publication once in the official county newspaper of each county
whose boundaries are located within the district.
(d) If at the conclusion of the public hearing, the governing board of
the district proposes to impose a horsethief reservoir benefit district sales
tax, the governing board shall submit a proposition to impose such tax to
the qualified electors within the district. Notice of such election shall be
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published at least once a week for two consecutive weeks in the official
county newspaper of each county whose boundaries are located within the
district. The second notice shall be published at least seven days prior to
the date of such election. Any such election shall be called and held at any
general election, as defined in K.S.A. 25-2502, and amendments thereto,
or at a special election called for that such purpose. In lieu thereof, such
election may be called and held in the manner provided by K.S.A. 25-431
et seq., and amendments thereto. If an election is held and the proposition
is approved by a majority of the voters of the district voting at such
election, the governing board, by resolution, may levy such tax. If such a
resolution is adopted pursuant to this act, the horsethief reservoir benefit
district sales tax shall be imposed in the district. Except as provided in this
act, the tax authorized by this section shall be administered, collected and
subject to provisions of K.S.A. 12-187 to through 12-197, inclusive, and
amendments thereto.
(e) Upon receipt of a certified copy of the resolution authorizing the
levy of the horsethief reservoir benefit district sales tax pursuant to this
section, the state director of taxation shall cause such tax to be collected in
the district at the same time and in the same manner provided for the
collection of the state retailers' sales tax. All taxes collected under the
provisions of this act shall be remitted by the secretary of revenue to the
state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount of all taxes collected under the
provisions of this act in the state treasury to the credit of the horsethief
reservoir benefit district sales tax fund, which fund is hereby established in
the state treasury. All moneys in the horsethief reservoir benefit district
sales tax fund shall be remitted at least quarterly by the state treasurer, on
instruction from the secretary of revenue, to the district. Any refund due on
any horsethief reservoir benefit district sales tax collected pursuant to this
section shall be paid out of the horsethief reservoir benefit district sales tax
refund fund, which is hereby established in the state treasury and
reimbursed by the director of taxation from collections of the horsethief
reservoir benefit district sales tax authorized by this section and applied by
the district in the manner provided pursuant to this act.
Sec. 26. K.S.A. 2-610, 2-611, 10-1116c, 12-195, 12-195b, 12-352,
12-362, 12-521, 12-12,102, 12-17,103, 12-17,151, 12-6003, 12-6005, 13-
13a38, 25-431, 25-433a, 25-434, 25-435, 25-436, 25-437, 25-438, 25-439,
25-440, 25-2709, 42-706, 72-9939, 82a-626, 82a-648, 82a-649, 82a-650
and 82a-2205 and K.S.A. 2025 Supp. 25-432, 25-433, 25-1122, 25-2812,
25-3002 and 79-2925c are hereby repealed.
Sec. 27. This act shall take effect and be in force from and after its
publication in the statute book.
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