Session of 2000
HOUSE BILL No. 2991
By Committee on Federal and State Affairs
2-16
10 AN ACT
concerning certain counties; relating to law enforcement;
11 amending K.S.A.
19-4470 and 19-4471 and repealing the existing
12 sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 19-4470 is hereby amended to read as follows:
19-
16 4470. (a) The provisions of this act
shall apply only to counties of this
17 state having to any
county which has:
18 (1) A
population of more than five thousand (5,000)
5,000 and less
19 than twelve thousand
(12,000) 12,000 and an assessed taxable
tangible
20 valuation of more than seventy-five
million dollars ($75,000,000), to coun-
21 ties having
$75,000,000;
22 (2) a
population of more than three thousand eight hundred
(3,800)
23 3,800 and less than four
thousand three hundred (4,300) 4,300 and an
24 assessed taxable tangible valuation of more
than twenty-one million dol-
25 lars ($21,000,000)
$21,000,000 and less than twenty-four million
dollars
26 ($24,000,000), and to counties
having $24,000,000; or
27 (3) a
population of more than three thousand (3,000)
3,000 and not
28 more than four thousand
(4,000) 4,000 and an assessed taxable tangible
29 valuation of more than twenty-eight
million dollars ($28,000,000)
30 $28,000,000 and not more than
fifty million dollars ($50,000,000), in
31 which the question of the adoption
of the provisions of this act shall have
32 been submitted to and shall have
been approved by the qualified electors
33 of the county in the manner
provided herein $50,000,000.
34 (b) The
board of county commissioners of any such county, by res-
35 olution adopted not less than
ninety (90) 90 days preceding the date
fixed
36 for the holding of the primary
election in the month of August of an even-
37 numbered year,: (1) The
primary election in the month of August of an
38 even-numbered year; (2) the general
election in the month of April of an
39 odd-numbered year; or (3) any special
election at which all qualified elec-
40 tors of the county are eligible to
vote; may direct the county election
41 officer to place such proposition on the
ballot at said such
primary elec-
42 tion. The board of county commissioners
shall direct its placement on the
43 ballot whenever (1) the
governing body of any city located within the
2
1 county, having a population equal to
not less than twenty-five percent
2 (25%) 25% of
the total population of such county shall request that such
3 proposition be placed on the ballot,
by resolution adopted not less than
4 ninety (90)
90 days preceding the date fixed for the holding of
the primary
5 election in the month of
August of an even-numbered year,: (1) The
6 primary election in the month of
August of an even-numbered year; (2)
7 the general election in the month
of April of an odd-numbered year; or
8 (3) any special election at which
all qualified electors of the county are
9 eligible to vote. or
(2) The board of county commissioners also shall
direct
10 the placement of the question on the
ballot whenever the county election
11 officer shall certify
certifies that a petition, requesting that the
proposition
12 be placed on the ballot and signed by
qualified electors of such county
13 equal in number to not less than
five percent (5%) 5% of the qualified
14 electors of the county, has been filed in
the county election office not
15 less than ninety (90)
90 days preceding the date fixed for the holding of
16 The primary election in the month
of August of an even-numbered year:
17 (1) The primary election in the month of
August of an even-numbered
18 year; (2) the general election in the
month of April of an odd-numbered
19 year; or (3) any special election at
which all qualified electors of the county
20 are eligible to vote. Notice of any
election held pursuant to this section
21 shall be given in the manner prescribed by
K.S.A. 10-120, and amend-
22 ments thereto.
23 Upon the ballot the proposition shall
be stated as follows:
24 ``Shall the county of
25 (Name of county)
26 adopt the provisions of the 1974
consolidated law enforcement act, as contained in K.S.A.
27 19-4468 to 19-4486, inclusive, and
any amendments thereto, whereby a county law
enforce-
28 ment agency assumes control of the
principal law enforcement duties presently held by the
29 county and the cities therein?''
30 If a majority of the
votes cast upon such proposition shall be in favor
31 thereof, the provisions of this act shall
govern the enforcement of law and
32 the providing of police protection within
such county in the manner here-
33 inafter provided.
34 Sec.
2. K.S.A. 19-4471 is hereby amended to read as follows:
19-
35 4471. (a) There is hereby
established in each county adopting the pro-
36 visions of this act a county law
enforcement system board. The board shall
37 have five (5) members who
must shall be residents of such county,
and
38 shall not be employed by the agency as an
officer nor in any other ca-
39 pacity, and. Members of
the board shall be selected in the following man-
40 ner:
41 (1) One
(1) member shall be the chairman
chairperson of the board
42 of county commissioners of such county, or
his such chairperson's des-
43 ignee;
3
1
(2) one (1) member shall be the mayor
of the largest city located
2 within such county, or
his the mayor's designee;
3
(3) one (1) member shall be the county
attorney of such county; and
4
(4) two (2) members shall be elected
by the qualified electors of the
5 county to serve for terms of
two (2) four years, except as provided
in
6 subsection (b). The
other members of the board, or their designees, who
7 are members ex
officio.
8 Members
specified in paragraphs (1), (2) and (3) of this subsection
shall
9 remain eligible to serve as such only
while holding such county or city
10 office.
11 The elective
members of the board shall be elected at the general
12 election following the primary
election at which the proposition for con-
13 solidated law enforcement in such
county is adopted.
14 (b)
(1) If the proposition for consolidated law enforcement in
such
15 county was approved at an election held
in an even-numbered year, the
16 elective members of the board shall be
elected at the general election in
17 that year.
18 (2) If the
proposition for consolidated law enforcement in such county
19 was approved at an election held in an
odd-numbered year, the elective
20 members of the board shall be elected at
the general election in the next
21 even-numbered year.
22 (c) Any
person seeking election to such positions shall file a decla-
23 ration of candidacy with the county
election officer within thirty (30) 30
24 days after such primary election ,
and certification of the results of the
25 election approving the proposition.
The county election officer shall cause
26 a special ballot to be prepared containing
the names of those persons who
27 have filed their declarations of candidacy
within the time prescribed. Bal-
28 lots for election of board members shall be
prepared in such manner that
29 each elector is instructed to vote for the
same number of candidates as
30 the number of positions to be filled, and
the two (2) candidates receiving
31 the greatest number of votes shall be
elected, except that where there
32 are more than six (6)
qualified candidates for the elective member posi-
33 tions, the county election officer shall
call and there shall be held, a special
34 election on the second Tuesday in December.
The names of the six can-
35 didates receiving the greatest number of
votes for any member position
36 at the general election shall appear on the
ballot at the special election,
37 and the two (2) candidates
receiving the greatest number of votes shall
38 be elected.
39 (d) At the
first election of board members, one board member shall
40 be elected for a term of four years and
one member shall be elected for a
41 term of two years. At the expiration of
the terms of these board members,
42 each succeeding board member shall be
elected for a term of four years.
43 Each elected board member shall serve
until a successor is elected and
4
1 qualified.
2
(e) Board elections shall be nonpartisan and laws
applicable only to
3 partisan elections shall not apply in
such elections. All laws applicable to
4 elections, the violation of which is
a crime, shall be applicable to board
5 elections, and except as is provided
in this paragraph, laws applicable to
6 county elections shall apply to board
elections to the extent that the same
7 are not in conflict with the
provisions of this act.
8
(f) On the second Monday in January following adoption
of this act
9 by a county and the election of
board members as provided in this section,
10 the board members shall take and subscribe
to an oath as other county
11 officials. In case of a vacancy in either
elected board member position,
12 the remaining members of the board shall
appoint a successor to fill the
13 unexpired term.
14 Members of
said the board shall receive no
compensation, but shall be
15 reimbursed for their actual and necessary
expenses incurred in the per-
16 formance of their official
duties.
17 Sec. 3. K.S.A. 19-4470 and
19-4471 are hereby repealed.
18 Sec. 4. This act shall
take effect and be in force from and after its
19 publication in the statute book.