An Act concerning sand products; relating to the distribution of the proceeds from certain sales thereof; amending K.S.A. 1995 Supp. 70a-105 and 82a-309 and repealing the ex- isting sections; also repealing K.S.A. 1995 Supp. 82a-309, as amended by 1996 House Bill No. 2663.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1995 Supp. 70a-105 is hereby amended to read as follows: 70a-105. (a) The proceeds derived from the sale of any state property under the provisions of article 1 of chapter 70a of Kansas Stat- utes Annotated shall be paid to the state treasurer by the director of taxation. The state treasurer shall deposit the entire amount in the state treasury and credit it to the sand royalty fund which is hereby created. At the end of each fiscal year, the amounts payable to the drainage districts and counties from the proceeds derived from sand taken from the bed of any navigable stream shall be paid from the sand royalty fund to drain- age districts and counties as provided by K.S.A. 82a-309 and amendments thereto.
(b) All necessary and reasonable expenses incurred by the director of taxation in carrying out the provisions of this act shall be paid from the sand royalty fund. On or before the 15th day of each month, the director of accounts and reports shall transfer moneys in the sand royalty fund to the state water plan fund created by K.S.A. 82a-951 and amendments thereto in an amount certified monthly by the director of taxation as equal to the moneys in the sand royalty fund at the end of the preceding month in excess of those needed for: (1) Payment of such expenses incurred by the director of taxation; and (2) annual payments to drainage districts and counties as provided by K.S.A. 82a-309 and amendments thereto.
Sec. 2. K.S.A. 1995 Supp. 82a-309 is hereby amended to read as
follows: 82a-309. (a)
One-half of the net proceeds from the
sale of sand products, and no other, taken from the bed of any
river which is the property of the state of Kansas, Of
compensation received for sand prod- ucts sold pursuant to K.S.A.
70a-102 and amendments thereto, $.0375 per ton sold shall be
returned as follows:
(1) If the sand products are taken from the bed of the river at a location which is within the boundaries of a drainage district, the board of directors of the district from which the sand products were taken shall be entitled to receive 2/3 of the amount returned and the remaining 1/3 shall be divided among the remaining drainage districts in the county, to be used for bank stabilization, soil conservation, or maintenance and op- eration of flood control systems, in proportion to the frontage on such river.
(2) If the sand products are taken from the bed of the river at a location which is not within the boundaries of a drainage district, the proceeds attributable to such sand products shall be returned to the coun- ties which have adopted this act and have notified, prior to July 1 following the adoption of this act, the director of taxation of such adoption, and through which such river flows, in proportion to the mileage of the river bank in such county. Moneys paid to a county pursuant to this paragraph shall be disbursed or used as follows:
(A) If there are one or more drainage districts organized under
the laws of this state which are located in such county along a
river that is the property of the state of Kansas and which operate
and maintain river flood control improvements in or along such
river, the county shall dis- burse such moneys to each such
to be used for any lawful
purpose to be used for bank stabilization, soil
conservation, or mainte- nance and operation of flood control
systems, in proportion to each dis- trict's frontage on such a
(B) If there is no drainage district organized under the laws of this state which is located in such county along a river that is the property of the state of Kansas, the county may use the moneys for construction, operation and maintenance of public improvements located along, in or over such a river or for the preservation of land and development and maintenance of public areas along such river or tributaries adjacent to such river.
(b) The unencumbered balance of any moneys which were distrib- uted to a county pursuant to this section as it existed before its amend- ment on July 1, 1995, and which remain in the county treasury on July 1, 1995, shall be distributed in the manner provided by this section as amended on July 1, 1995.
Sec. 3. K.S.A. 1995 Supp. 70a-105 and 82a-309 and K.S.A. 1995 Supp. 82a-309, as amended by 1996 House Bill No. 2663, are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.
Approved April 10, 1996.