[As Amended by House Committee of the Whole]

         
As Amended by Senate Committee
         
Session of 2000
         
SENATE BILL No. 463
         
By Committee on Elections and Local Government
         
1-20
         

11             AN  ACT concerning the term of office for certain elected state officials;
12             amending K.S.A. 25-101a and 25-101b, 25-101b and 40-106 and re-
13             pealing the existing sections [AN  ACT concerning certain public
14             officers; relating to vacancies in such offices; relating to quali-
15             fications thereof; amending K.S.A. 19-301, 19-501, 19-1201, 25-
16             101a, 25-101b and 40-106 and K.S.A. 1999 Supp. 19-801b and
17             repealing the existing sections].
18      
19       Be it enacted by the Legislature of the State of Kansas:
20             Section  1. K.S.A. 25-101a is hereby amended to read as follows: 25-
21       101a. (a) On the Tuesday succeeding the first Monday in November in
22       1978, and each four (4) years thereafter, there shall be elected a governor
23       and lieutenant governor running together, a secretary of state, an attorney
24       general, a state treasurer and a state commissioner of insurance.
25             (b) If a vacancy occurs in the office of lieutenant governor, secretary
26       of state, attorney general or state treasurer, the governor shall appoint
27       some suitable person to serve for the unexpired term and until a successor
28       is elected and qualified.
29             (c) If a vacancy occurs in the office of secretary of state or at-
30       torney general, the governor shall fill the vacancy by appointment
31       for the remainder of the term.
32             (d) If a vacancy occurs in the office of the state treasurer or the
33       commissioner of insurance, the governor shall appoint some suita-
34       ble person to serve until the next general election after such vacancy
35       occurs, when such vacancy shall be filled by election.
36             [(e) Any person appointed to fill a vacancy pursuant to this sec-
37       tion shall be a member of the same policy party of the person such
38       appointee is succeeding.]
39             Sec.  2. K.S.A. 25-101b is hereby amended to read as follows: 25-
40       101b. At the general election held in 1978 and each four (4) years there-
41       after, there shall be elected a treasurer for the state of Kansas, whose
42       term of office shall be four (4) years beginning on the second Monday in


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  1       January next succeeding such treasurer's election. In case of a vacancy in
  2       such office, the governor shall appoint some suitable person to serve for
  3       the unexpired term and until a successor is elected and qualified.
  4             Sec.  3. K.S.A. 40-106 is hereby amended to read as follows: 40-
  5       106. At the general election held in 1978 and each four (4) years
  6       thereafter, there shall be elected a commissioner of insurance for
  7       the state of Kansas, whose term of office shall be four (4) years
  8       beginning on the second Monday in January next succeeding such
  9       commissioner's election. In case of a vacancy in such office the gov-
10       ernor shall appoint some suitable person to serve for the unexpired term
11       and until a successor is elected and qualified vacancy shall be filled in
12       accordance with the provisions of K.S.A. 25-101a, and amendments
13       thereto
14       Sec.  3 4. K.S.A. 25-101a and 25-101b, 25-101b and 40-106 are
15       hereby repealed.
16             [New Sec.  4. (a) Except as provided by subsection (b), no per-
17       son appointed, pursuant to K.S.A. 25-101a, and amendments
18       thereto, to fill a vacancy shall exercise the powers, duties and func-
19       tions of such office, until such appointment is approved by the
20       legislature by adoption of a concurrent resolution.
21             [(b) If a person is appointed, pursuant to K.S.A. 25-101a, and
22       amendments thereto, to fill a vacancy at a time when the legisla-
23       ture is not in session, the legislative coordinating council may au-
24       thorize, by a majority vote thereof, the person appointed to fill
25       such vacancy to exercise the powers, duties and functions of the
26       office until such appointment is approved by the legislature at the
27       next regular or special session of the legislature.
28             [Prior to authorizing any person to exercise the powers, duties
29       and functions of an office pursuant to this section, the legislative
30       coordinating council may require such person to appear before
31       the council.
32             [Sec.  5. K.S.A. 19-301 is hereby amended to read as follows:
33       19-301. (a) Beginning with the general election in 1976, a county
34       clerk shall be elected in each county, for a term of four (4) years.
35       Such county clerk shall, Before entering upon the duties of the office,
36       the county clerk shall execute and file with the county treasurer a
37       good and sufficient corporate surety bond, conditioned on the
38       faithful performance of the duties of the office. Such bond shall
39       be issued by a company authorized to do business in Kansas, in an
40       amount to be fixed by the county treasurer of not less than ten
41       thousand dollars ($10,000) $10,000.
42             [(b) During the time that any person is a candidate for nomination
43       or election to the office of county clerk, and during the term of office, such


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  1       candidate or county clerk shall be and remain a qualified elector who
  2       resides in the county.
  3             [Sec.  6. K.S.A. 19-501 is hereby amended to read as follows:
  4       19-501. Each county treasurer elected at the general election in 1976
  5       shall serve until the second Tuesday in October of 1981 and until a suc-
  6       cessor is elected and qualified. (a) At the general election in 1980, and
  7       every four (4) years thereafter, a county treasurer shall be elected in
  8       each county for a term of four (4) years, commencing on the second
  9       Tuesday in October following the election, and until a successor is
10       elected and qualified. Such county treasurer shall, Before entering
11       upon the duties, of the office, the county treasurer shall execute to
12       the state of Kansas a corporate surety bond issued by a company
13       authorized to do business in this state and approved by the board
14       of county commissioners in an amount of not less than twenty-five
15       thousand dollars ($25,000) $25,000. Such bond, with the approval of
16       the board endorsed thereon by the clerk, shall be filed in the office
17       of the county clerk. In the event If the board of commissioners shall
18       not be in session in time for any county treasurer to present such
19       bond for their approval as above specified, or such county treasurer
20       shall be unable, for any reason, or the county treasurer is unable to pres-
21       ent such bond at any regular meeting of the board after due notice
22       of such county treasurer's election, such county treasurer may
23       present such bond to the chairman chairperson or clerk of the board
24       for approval, and the approval endorsed thereon shall have the
25       same effect as if done approved by the board of county commis-
26       sioners. In the event If the amount of the bond is approved by only
27       the chairman chairperson or the clerk of the board, it shall not be
28       less than twice the amount of all moneys directed by the board to
29       be levied in the county during the previous year.
30             [(b) During the time that any person is a candidate for nomination
31       or election to the office of county treasurer and during the term of office,
32       such candidate or county treasurer shall be and remain a qualified elector
33       who resides in the county.
34             [Sec.  7. K.S.A. 1999 Supp. 19-801b is hereby amended to read
35       as follows: 19-801b. (a) No person shall be eligible for nomination,
36       election or appointment to the office of sheriff unless such person:
37             [(1) Is a citizen of the United States and a qualified elector of
38       the county;
39             [(2) possesses a high-school education or its recognized equiv-
40       alent; and
41             [(3) has never been convicted of or pleaded guilty or entered
42       a plea of nolo contendere to any felony charge, a misdemeanor crime
43       of domestic violence as defined in K.S.A. 74-5602, and amend-


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  1       ments thereto, or to any violation of any federal or state laws or
  2       city ordinances relating to gambling, liquor or narcotics.
  3             [(b) In addition to the requirements of subsection (a), during the time
  4       that any person is a candidate for nomination or election to the office of
  5       sheriff and during the term of office, such candidate or sheriff shall be
  6       and remain a qualified elector who resides in the county.
  7             [(b) (c) Every person elected to the office of sheriff for the first
  8       time, or anyone reelected or appointed to the office after having
  9       been out of the office for five years or more shall be required to
10       attend the law enforcement training center as established by
11       K.S.A. 74-5601 et seq., and amendments thereto, and satisfactorily
12       complete the required training course of not less than 320 hours,
13       unless such person has satisfactorily completed such training
14       course within the five years prior to election or appointment,
15       passes a written competency test and firearms proficiency quali-
16       fication course developed and administered by the Kansas law en-
17       forcement training center or unless the director, as defined in sub-
18       section (d) of K.S.A. 74-5602, and amendments thereto, waives the
19       requirements of this subsection as provided in K.S.A. 74-5608a,
20       and amendments thereto. Unless the requirements are waived, any
21       person elected or appointed to the office of sheriff who has not
22       attended the law enforcement training center shall hold office on
23       a provisional basis, and such person shall attend the next scheduled
24       training program at the law enforcement training center and sat-
25       isfactorily complete such training program or the one subsequent
26       to it, or shall forfeit such office.
27             [(c) (d) Each newly elected sheriff of each county who is re-
28       quired to attend the law enforcement training center shall be hired
29       as a deputy sheriff and shall be paid a salary as deputy sheriff while
30       attending the law enforcement training center. The tuition, board,
31       room and travel expense for the sheriff-elect at the law enforce-
32       ment training center shall be paid by the county.
33             [Sec.  8. K.S.A. 19-1201 is hereby amended to read as follows:
34       19-1201. (a) Beginning with the general election in 1976, a register
35       of deeds shall be elected in each county for a term of four (4) years.
36       Such register of deeds shall, Before entering upon the duties of the
37       office, the register of deeds shall execute to the state of Kansas and
38       file with the county clerk, a good and sufficient corporate surety
39       bond issued by a company authorized to do business in this state.
40       Such bond shall be in an amount approved by the county clerk of not
41       and shall not be less than ten thousand dollars ($10,000) $10,000. Such
42       bond shall be conditioned on the faithful performance of the duties
43       of the office and that such register of deeds will deliver to the


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  1       successor in such office all property belonging to such office.
  2             [(b) During the time that any person is a candidate for nomination
  3       or election to the office of register of deeds and during the term of office,
  4       such candidate or register of deeds shall be and remain a qualified elector
  5       who resides in the county.
  6             [Sec.  9. K.S.A. 19-301, 19-501, 19-1201, 25-101a, 25-101b and
  7       40-106 and K.S.A. 1999 Supp. 19-801b are hereby repealed.]
  8             Sec.  4 5 [10]. This act shall take effect and be in force from and after
  9       its publication in the statute book.
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