Session of 1999

HOUSE BILL No. 2471

An  Act establishing a district attorney's office in Reno county; amending K.S.A. 22a-107

and 79-5028 and repealing the existing sections.


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

      New Section  1. (a) There is hereby established the office of district
attorney in the twenty-seventh judicial district.

      (b) The person holding the office of county attorney in Reno county
on the effective date of this act shall become the district attorney of the
twenty-seventh judicial district and the office of county attorney in such
judicial district shall be and is hereby abolished on such date. Commenc-
ing with the general election in 2000, and at the general election every
four years thereafter, a district attorney shall be elected in the judicial
district for a four-year term, commencing on the second Monday in Jan-
uary next following the election.

      (c) The district attorney authorized by this section is hereby declared
to be an executive officer of the judicial district in which such attorney is
elected, with the office constituting a separate entity within the district
for administrative purposes. In no event shall the district attorney be
deemed an officer of any county.

      (d) Before entering upon the duties of the office, the district attorney
shall take the oath of office required by law for public officers and shall
execute a good and sufficient surety bond in the manner prescribed by
K.S.A. 75-4101 et seq., and amendments thereto.

      (e) The provisions of K.S.A. 22a-102, 22a-103, 22a-104, 22a-105, 22a-
106 and 22a-107, and amendments thereto, shall be applicable to the
office of district attorney established by this section.

      Sec.  2. K.S.A. 22a-107 is hereby amended to read as follows: 22a-
107. Whenever in any of the statutes of this state the term "county at-
torney" is used, it shall be construed to include district attorneys provided
for by K.S.A. 22a-101 and, 22a-108 and section 1, and amendments
thereto, unless the context otherwise requires.

      Sec.  3. K.S.A. 79-5028 is hereby amended to read as follows: 79-
5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend-
ments thereto, shall not apply to or limit the levy of taxes for the payment
of:

      (a) Principal and interest upon state infrastructure loans, bonds, tem-
porary notes, no-fund warrants and payments made to a public building
commission;

      (b) judgments, settlements and expenses for protection against lia-
bility to the extent such expenses are authorized by article 61 of chapter
75 of the Kansas Statutes Annotated and amendments thereto;

      (c) employer contributions for social security, workers compensation,
unemployment insurance, health care costs, employee benefit plans, and
employee retirement and pension programs;

      (d) expenses incurred by counties for district court operations under
the provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and
expenses incurred by counties for the detention of juveniles;

      (e) expenses incurred by counties for payment of out-district tuition
to community colleges pursuant to K.S.A. 71-301, and amendments
thereto, and expenses incurred by counties and townships for payment
of out-district tuition to municipal universities pursuant to K.S.A. 13-
13a26, and amendments thereto;

      (f) expenses incurred for the first time on and after January 1, 1996,
by cities in effectuating programs specifically enacted and administered
for the purpose of preventing juvenile delinquency and crime;

      (g) expenses incurred by any taxing subdivision for rebates to owners
of property in connection with a neighborhood revitalization program
instituted in accordance with K.S.A. 1997 1998 Supp. 12-17,114 et seq.,
and amendments thereto; or

      (h) expenses incurred by any taxing subdivision necessary to interface
with the state criminal justice information system.; or

      (i) expenses incurred in the operation of the office established by sec-
tion 1, and amendments thereto.

      The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend-
ments thereto, do not apply to the tax levies authorized or required under
K.S.A. 19-4004, 19-4011, 65-212 and 65-215 and amendments thereto.

      Amounts produced from any taxes levied for purposes specified in this
section shall not be used in computing any aggregate limitation under the
provisions of this act. In addition, amounts needed to be produced from
the levy of taxes by a taxing subdivision to replace the difference between
the amount of revenue estimated to be received by such taxing subdivision
pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990,
and the amount of such revenue estimated to be received by such taxing
subdivision in each year thereafter shall not be used in computing any
aggregate limitation under the provisions of this act. On or before June
1 of each year, information necessary to make such computation shall be
provided to each taxing subdivision by the appropriate county treasurer.
 
Sec.  4. K.S.A. 22a-107 and 79-5028 are hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

__________________________________
Speaker of the House
__________________________________
Chief Clerk of the House

Passed the SENATE ______________________________

__________________________________
President of the Senate
__________________________________
Secretary of the Senate

APPROVED ______________________________

__________________________________
Governor