Kansas Statutes

Chapter 39: Mentally Ill, Incapacitated And Dependent Persons; Social Welfare

Article 3: Relief And Care Of Dependent Persons

Statutes:

• 39-301:
• 39-302:
• 39-303:
• 39-304:
• 39-305:
• 39-305a:
• 39-306:
• 39-307:
• 39-308 to 39-310:
• 39-311:
• 39-312:
• 39-313:
• 39-314 to 39-318:
• 39-319:
• 39-320 to 39-322:
• 39-323:
• 39-324:
• 39-325, 39-326:
• 39-327:
• 39-328:
• 39-328a:
• 39-329, 39-330:
• 39-331:
• 39-332:
• 39-333: Discontinuance of asylum or farm and disposition of property; election, when.
• 39-334:
• 39-335 to 39-339:
• 39-340:
• 39-340a:
• 39-340b:
• 39-340c:
• 39-341:
• 39-342:
• 39-342a:
• 39-342b, 39-342c:
• 39-342d:
• 39-342e:
• 39-343: Sale of asylum or farm in counties over 25,000; sale price and terms.
• 39-344: Sale of asylum or farm in counties over 25,000; appraisement procedure.
• 39-345:
• 39-346:
• 39-347:
• 39-348: Same; election for sale as formerly required under 39-347.
• 39-349: Same; use of proceeds of sale or levy.
• 39-350: Same; maintenance of asylums.
• 39-351: Supplemental nature of 39-349 to 39-351.
• 39-352, 39-353:
• 39-354 to 39-357:
• 39-358:
• 39-359:
• 39-360 to 39-362:
• 39-363:
• 39-364:
• 39-365: Proceeds from sale of certain county farm realty to special building fund; use.
• 39-366: Building for the poor in certain counties; issuance of bonds.
• 39-367: Sale of all or part of county farm in certain counties between 9,000 and 10,000.
• 39-368: Same; appraisement; report; notice; hearing for confirmation; objections; approval or finding as to actual value.

• 39-301:

        History:   L. 1862, ch. 163, § 1; G.S. 1868, ch. 79, § 1; R.S. 1923, 39-301; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-302:

        History:   L. 1862, ch. 163, § 2; G.S. 1868, ch. 79, § 2; R.S. 1923, 39-302; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-303:

        History:   L. 1862, ch. 163, § 3; G.S. 1868, ch. 79, § 3; R.S. 1923, 39-303; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-304:

        History:   L. 1862, ch. 163, § 4; G.S. 1868, ch. 79, § 4; R.S. 1923, 39-304; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-305:

        History:   L. 1862, ch. 163, § 5; G.S. 1868, ch. 79, § 5; R.S. 1923, 39-305; L. 1933, ch. 65, § 1 (Special Session); L. 1938, ch. 48, § 1; L. 1939, ch. 200, § 1; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-305a:

        History:   L. 1938, ch. 48, § 2; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-306:

        History:   L. 1862, ch. 163, § 6; G.S. 1868, ch. 79, § 6; R.S. 1923, 39-306; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-307:

        History:   L. 1862, ch. 163, § 7; G.S. 1868, ch. 79, § 7; R.S. 1923, 39-307; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-308 to 39-310:

        History:   L. 1862, ch. 163, §§ 9 to 11; G.S. 1868, ch. 79, §§ 9 to 11; R.S. 1923, 39-308 to 39-310; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-311:

        History:   L. 1862, ch. 163, § 12; G.S. 1868, ch. 79, § 12; R.S. 1923, 39-311; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-312:

        History:   L. 1862, ch. 163, § 13; G.S. 1868, ch. 79, § 13; R.S. 1923, 39-312; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-313:

        History:   L. 1862, ch. 163, § 14; G.S. 1868, ch. 79, § 14; R.S. 1923, 39-313; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-314 to 39-318:

        History:   L. 1862, ch. 163, §§ 15 to 19; G.S. 1868, ch. 79, §§ 15 to 19; R.S. 1923, 39-314 to 39-318; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-319:

        History:   L. 1862, ch. 163, § 20; G.S. 1868, ch. 79, § 20; L. 1870, ch. 89, § 1; R.S. 1923, 39-319; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-320 to 39-322:

        History:   L. 1862, ch. 163, §§ 21 to 23; G.S. 1868, ch. 79, §§ 21 to 23; R.S. 1923, 39-320 to 39-322; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-323:

        History:   L. 1862, ch. 163, § 24; G.S. 1868, ch. 79, § 24; R.S. 1923, 39-323; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-324:

        History:   L. 1862, ch. 163, § 25; G.S. 1868, ch. 79, § 25; R.S. 1923, 39-324; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-325, 39-326:

        History:   L. 1862, ch. 163, §§ 26, 27; G.S. 1868, ch. 79, §§ 26, 27; R.S. 1923, 39-325, 39-326; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-327:

        History:   L. 1862, ch. 163, § 28; G.S. 1868, ch. 79, § 28; R.S. 1923, 39-327; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-328:

        History:   L. 1862, ch. 163, § 29; G.S. 1868, ch. 79, § 29; R.S. 1923, 39-328; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-328a:

        History:   L. 1927, ch. 164, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-329, 39-330:

        History:   L. 1862, ch. 163, §§ 30, 31; G.S. 1868, ch. 79, §§ 30, 31; R.S. 1923, 39-329, 39-330; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-331:

        History:   L. 1862, ch. 163, § 32; G.S. 1868, ch. 79, § 32; L. 1905, ch. 385, § 1; R.S. 1923, 39-331; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-332:

        History:   L. 1862, ch. 163, § 33; G.S. 1868, ch. 79, § 33; R.S. 1923, 39-332, Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-333: Discontinuance of asylum or farm and disposition of property; election, when. Any asylum or farm provided by the board of county commissioners for the purpose may be discontinued by such board, and the property, real and personal, relating thereto, which belongs to the county, may be sold, leased, or otherwise disposed of, or applied in such manner as may be best for the interests of the county: Provided, That no asylum or farm which exceeds in value the sum of three thousand dollars shall be sold by said county commissioners unless the question of selling said asylum or farm shall be first submitted to a vote of the people at some general or special election, and a majority of all the votes cast at an election held for that purpose shall be in favor of such sale.

        History:   L. 1862, ch. 163, § 34; G.S. 1868, ch. 79, § 34; L. 1870, ch. 89, § 2; March 10; R.S. 1923, 39-333.

• 39-334:

        History:   L. 1862, ch. 163, § 35; G.S. 1868, ch. 79, § 35; R.S. 1923, 39-334; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-335 to 39-339:

        History:   L. 1862, ch. 163, §§ 36 to 40; G.S. 1868, ch. 79, §§ 36 to 40; R.S. 1923, 39-335 to 39-339; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-340:

        History:   L. 1919, ch. 160, § 1; R.S. 1923, 39-340; L. 1931, ch. 196, § 1; L. 1933, ch. 191, § 1; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-340a:

        History:   L. 1929, ch. 195, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-340b:

        History:   L. 1931, ch. 197, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-340c:

        History:   L. 1931, ch. 197, § 2; Repealed, L. 1937, ch. 242, § 1; June 30.

• 39-341:

        History:   L. 1921, ch. 161, §§ 1, 2; R.S. 1923, 39-341; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-342:

        History:   L. 1911, ch. 323, § 1; R.S. 1923, 39-342; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-342a:

        History:   L. 1925, ch. 285, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-342b, 39-342c:

        History:   L. 1931, ch. 200, §§ 1, 2; Repealed, L. 1933, ch. 194, § 3; Feb. 15; L. 1933, ch. 309, § 27; April 3.

• 39-342d:

        History:   L. 1933, ch. 194, § 1; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-342e:

        History:   L. 1933, ch. 194, § 2; Repealed, L. 1941, ch. 248, § 1; June 30.

• 39-343: Sale of asylum or farm in counties over 25,000; sale price and terms. That the board of county commissioners in all counties having a population of over 25,000, and having a county asylum or county farm of the value of not more than fifteen thousand dollars, such value to be ascertained and determined as hereinafter provided, be and they are hereby authorized, if in their judgment it is advisable, to sell the same for not less than three fourths of the appraised value thereof, upon such terms and conditions as they deem proper and just, upon first giving thirty days' notice in the official county paper of the time, place, terms and conditions of said sale.

        History:   L. 1909, ch. 100, § 1; March 25; R.S. 1923, 39-343.

• 39-344: Sale of asylum or farm in counties over 25,000; appraisement procedure. Before said sale, and to determine the value of said property, the district judge of said county, upon application in writing to the board of county commissioners, shall appoint three appraisers, who before entering upon the discharge of their duties, and within five days after notice of their appointment, shall take an oath in substance as follows: That they will support the constitution of the state of Kansas and faithfully discharge their duties as appraisers of the county farm or asylum of ________ county, Kansas; that immediately upon taking said oath said appraisers shall view said property and appraise the same and file a report with the clerk of the district court.

        And on the filing of said report the clerk of said court shall give thirty days' notice in the official paper of said county, which notice shall state the day and hour when said report of said commissioners will come on for hearing before said court for confirmation; that if twenty-five or more resident taxpayers shall, within twenty days after the return of the appraisement hereinbefore provided for, file their objections thereto in writing, attacking the correctness of such appraisement, stating wherein the same is incorrect, duly verified by one or more of such taxpayers, it shall be the duty of the court to pass upon said objections, and for that purpose the court may hear testimony for or against said confirmation, and upon a full hearing shall approve said appraisement if the same is fair and just; and if in the judgment of said court said appraisement is unfair, then said court shall make a finding as to the actual value of said property, which finding shall be conclusive. Said hearing may be held at chambers.

        History:   L. 1909, ch. 100, § 2; R.S. 1923, 39-344; L. 1976, ch. 145, § 189; Jan. 10, 1977.

• 39-345:

        History:   L. 1909, ch. 100, § 3; L. 1919, ch. 162, § 1; R.S. 1923, 39-345; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-346:

        History:   L. 1909, ch. 100, § 4; R.S. 1923, 39-346; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-347:

        History:   L. 1909, ch. 100, § 5; L. 1919, ch. 162, § 2; R.S. 1923, 39-347; Repealed, L. 1933, ch. 309, § 27; April 3.

• 39-348: Same; election for sale as formerly required under 39-347. When it shall become necessary, under the provisions of this act, to submit to the vote of the electors of any county the question of selling the county farm or asylum, or the question of building any permanent building thereon, said question or questions shall be submitted at a general election or at a special election to be called as provided in sections 2 [19-1504] and 3 [19-1505] of chapter 141 of the Session Laws of 1907, insofar as they are applicable; that on each ballot shall be printed "County farm or asylum proposition"; on each of said ballots for the sale of county farm or asylum there shall also be printed in brevier and lower-case type, "Shall the county farm or asylum be sold?" Opposite and after said proposition on said ballot shall be printed two squares, one above the other.

        Preceding the upper one of said squares shall be printed the word "Yes," and preceding the lower one of said squares shall be printed the word "No"; immediately above said proposition and across the entire width of said ballot shall be printed in pica type the following: "To vote in favor of said proposition make an * in the square after the word 'Yes,' and to vote against said proposition make an * in the square after the word 'No.' " On each of said ballots for the building, improving, remodeling or repairing the buildings on said county farm there shall be printed in brevier and lower-case type, "Shall ________ dollars be raised for improvements?" In all other respects said ballot shall conform with section 3 [19-1505] of chapter 141 of the Session Laws of 1907. If at such election a majority of those voting on said proposition, or either of them, shall be in favor of the same, then the board of county commissioners of said county is empowered to sell said property or raise said fund, or both, as the case may be.

        History:   R.S. 1923, 39-348; Dec. 27.

• 39-349: Same; use of proceeds of sale or levy. Any board of county commissioners that may sell the county farm or county asylum theretofore used in caring for the poor of said county as provided for in chapter 100 [39-343 to 39-348] of the Session Laws of Kansas for the year 1909, as amended by Laws 1919, chapter 162 [39-345, 39-347], may use such funds or any part thereof, and may use funds collected from the tax levy as provided in said chapter, or any part thereof, in the purchasing of land and in the erection of suitable buildings thereon and in making other necessary improvements, and providing necessary equipment for the establishment of a county asylum to be used in caring for the poor of said county.

        History:   L. 1911, ch. 147, § 1; March 11; R.S. 1923, 39-349.

• 39-350: Same; maintenance of asylums. The county asylum as provided for in K.S.A. 39-349 shall be maintained and conducted in accordance with the provisions of law now existing regarding county asylums.

        History:   L. 1911, ch. 147, § 2; March 11; R.S. 1923, 39-350.

• 39-351: Supplemental nature of 39-349 to 39-351. This act shall not be construed as repealing any existing law except so far as it may conflict herewith, but shall be construed as supplemental to the said chapter 100 [39-343 to 39-348] of the Session Laws of Kansas for the year 1909.

        History:   L. 1911, ch. 147, § 3; March 11; R.S. 1923, 39-351.

• 39-352, 39-353:

        History:   R.S. 1923, 39-352, 39-353; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-354 to 39-357:

        History:   L. 1927, ch. 166, §§ 1 to 4; Repealed, L. 1933, ch. 195, § 1; March 16.

• 39-358:

        History:   L. 1929, ch. 150, § 1; L. 1931, ch. 198, § 1; L. 1937, ch. 243, § 1; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-359:

        History:   L. 1933, ch. 197, § 1; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-360 to 39-362:

        History:   L. 1933, ch. 98, §§ 2 to 4; Repealed, L. 1947, ch. 265, § 1; June 30.

• 39-363:

        History:   L. 1937, ch. 200, § 1; Repealed, L. 1957, ch. 262, § 1; June 29.

• 39-364:

        History:   L. 1949, ch. 493, § 1; Repealed, L. 1951, ch. 287, § 1; June 30.

• 39-365: Proceeds from sale of certain county farm realty to special building fund; use. That the board of county commissioners of any county which has, prior to the effective date of this act, been authorized to sell real property, the same being part of a county farm, by a majority vote of the legal electors of such county voting at an election held for such purpose, may sell such real property, and place the moneys derived from the sale in a special building fund. Such special building fund may be expended by said board of county commissioners to repair or construct and equip a building for the housing, maintenance and care of social welfare clients. Such expenditures may be made during the remainder of the calendar year 1951 even though such expenditures were not included in the budget for such period.

        History:   L. 1951, ch. 230, § 1; March 29.

• 39-366: Building for the poor in certain counties; issuance of bonds. The board of county commissioners of any county which has prior to the effective date of this act submitted, with or without authority of law, to a vote of the electors of said county the question of issuing general obligation bonds in an amount not exceeding five hundred thousand dollars ($500,000) for the purpose of providing funds to pay the cost of erecting and equipping a building for the poor, and at least seventy percent (70%) of the legal electors voting on such question shall have voted in favor thereof, is hereby authorized and empowered to construct and equip a building for the poor, and to pay the cost thereof may issue general obligation bonds of the county in an amount not exceeding the maximum amount submitted and approved at such election. All bonds issued under the authority of this act shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law and shall not be subject to or within any bonded debt limitation prescribed by any other law of this state and shall not be considered or included in applying any other law limiting bonded indebtedness. Whenever bonds are issued under authority of this act, no bonds shall be issued for the same purpose under authority of any other law.

        History:   L. 1955, ch. 174, § 1; April 8.

• 39-367: Sale of all or part of county farm in certain counties between 9,000 and 10,000. The board of county commissioners in all counties having a population of not less than nine thousand (9,000) and not more than ten thousand (10,000) and having a valuation of not less than twenty-nine million dollars ($29,000,000) and not more than thirty-one million dollars ($31,000,000), and having a county farm of the value of not more than thirty-two thousand dollars ($32,000), such value to be ascertained and determined as hereinafter provided, be and they are hereby authorized, if in their judgment it is advisable, to sell the same in whole or in part for not less than three-fourths of the appraised value thereof, upon such terms and conditions as they deem proper and just, upon first giving thirty (30) days' notice in the official county paper of the time, place, terms and conditions of said sale.

        History:   L. 1963, ch. 176, § 1; March 21.

• 39-368: Same; appraisement; report; notice; hearing for confirmation; objections; approval or finding as to actual value. Before said sale, and to determine the value of said property, the district judge of said county, upon application in writing of the board of county commissioners, shall appoint three (3) appraisers, who before entering upon the discharge of their duties, and within five (5) days after notice of their appointment, shall take an oath in substance as follows: That they will support the constitution of the state of Kansas and faithfully discharge their duties as appraisers of the county farm of ______________ (name of county) county, Kansas; that immediately upon taking said oath said appraisers shall view said property and appraise the same, both as to each of the logically divisible parts of such property and as to the whole of such property, and file a report with the clerk of the district court. And on the filing of said report the county clerk of said county shall give thirty (30) days' notice in the official paper of said county, which notice shall state the day and hour when said report of said commissioners will come on for hearing before said court for confirmation; that if twenty-five (25) or more resident taxpayers shall, within twenty (20) days after the return of the appraisement hereinbefore provided for, file their objections thereto in writing, attacking the correctness of such appraisement, stating wherein the same is incorrect, duly verified by one or more of such taxpayers, it shall be the duty of the court to pass upon said objections, and for that purpose the court may hear testimony for or against said confirmation, and upon a full hearing shall approve said appraisement and the sale price if the same is fair and just; and if in the judgment of said court said appraisement and the sale price is unfair, then said court shall make a finding as to the actual value of said property, which finding shall be conclusive. Said hearing may be held at chambers.

        History:   L. 1963, ch. 176, § 2; L. 1976, ch. 145, § 190; Jan. 10, 1977.