[As Amended by House Committee of the
Whole]
Session of 2000
SENATE BILL No. 465
By Committee on Elections and Local Government
1-20
10 AN ACT
concerning elections; amending K.S.A. [19-4470, 19-4471
11 and] 25-3808
and repealing the existing section
[sections].
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 [Section 1. K.S.A.
19-4470 is hereby amended to read as fol-
15 lows: 19-4470. (a) The
provisions of this act shall apply only to
coun-
16 ties of this state having
to any county which has:
17
[(1) A population of more than
five thousand (5,000) 5,000 and
18 less than twelve thousand
(12,000) 12,000 and an assessed taxable
19 tangible valuation of more than
seventy-five million dollars
20 ($75,000,000), to counties
having $75,000,000;
21
[(2) a population of more than
three thousand eight hundred
22 (3,800) 3,800
and less than four thousand three hundred
(4,300) 4,300
23 and an assessed taxable tangible
valuation of more than twenty-one
24 million dollars
($21,000,000) $21,000,000 and less than
twenty-four mil-
25 lion dollars ($24,000,000), and to
counties having $24,000,000; or
26
[(3) a population of more than
three thousand (3,000) 3,000 and
27 not more than four thousand
(4,000) 4,000 and an assessed taxable
28 tangible valuation of more than
twenty-eight million dollars
29 ($28,000,000)
$28,000,000 and not more than fifty million
dollars
30 ($50,000,000), in which the
question of the adoption of the provisions of
31 this act shall have been submitted
to and shall have been approved by
32 the qualified electors of the
county in the manner provided herein
33 $50,000,000.
34
[(b) The board of county commissioners of any
such county, by
35 resolution adopted not less than
ninety (90) 90 days preceding
the
36 date fixed for the holding of
the primary election in the month of
37 August of an even-numbered
year,: (1) The primary election in the month
38 of August of an even-numbered year; (2)
the general election in the month
39 of April of an odd-numbered year; or (3)
any special election at which all
40 qualified electors of the county are
eligible to vote; may direct the
41 county election officer to place such
proposition on the ballot at
42 said such
primary election. The board of county
commissioners shall
43 direct its placement on the ballot
whenever (1) the governing body
2
1 of any city located within the
county, having a population equal to
2 not less than
twenty-five percent (25%) 25% of the
total population
3 of such county shall request that
such proposition be placed on the
4 ballot, by resolution adopted not
less than ninety (90) 90 days
pre-
5 ceding the date fixed for the
holding of the primary election in the
6 month of August of an
even-numbered year,: (1) The primary election
in
7 the month of August of an
even-numbered year; (2) the general election
8 in the month of April of an
odd-numbered year; or (3) any special election
9 at which all qualified electors of
the county are eligible to vote. or (2)
The
10 board of county commissioners also shall
direct the placement of the ques-
11 tion on the ballot whenever the
county election officer shall certify
12 certifies that a petition,
requesting that the proposition be placed
13 on the ballot and signed by qualified
electors of such county equal
14 in number to not less than
five percent (5%) 5% of the
qualified
15 electors of the county, has been filed
in the county election office
16 not less than ninety
(90) 90 days preceding the date fixed for
the
17 holding of The primary
election in the month of August of an even-
18 numbered year: (1) The
primary election in the month of August of an
19 even-numbered year; (2) the general
election in the month of April of an
20 odd-numbered year; or (3) any special
election at which all qualified elec-
21 tors of the county are eligible to
vote. Notice of any election held pur-
22 suant to this section shall be given in
the manner prescribed by
23 K.S.A. 10-120, and amendments
thereto.
24 [Upon the ballot the
proposition shall be stated as follows:
25
26
27 adopt the provisions of the 1974
consolidated law enforcement act, as contained in
28 K.S.A. 19-4468 to 19-4486, inclusive,
and any amendments thereto, whereby
a
29 county law enforcement agency assumes
control of the principal law enforcement
30 duties presently held by the county and
the cities therein?''
31 [If a
majority of the votes cast upon such proposition shall be
in
32 favor thereof, the provisions of this
act shall govern the enforce-
33 ment of law and the providing of police
protection within such
34 county in the manner hereinafter
provided.
35 [Sec.
2. K.S.A. 19-4471 is hereby amended to read as
follows:
36 19-4471. (a) There is
hereby established in each county adopting
37 the provisions of this act a county law
enforcement system board.
38 The board shall have five
(5) members who must
shall be residents
39 of such county, and shall not be
employed by the agency as an
40 officer nor in any other
capacity, and. Members of the board
shall be
41 selected in the following
manner:
42
[(1) One (1) member
shall be the chairman chairperson of
the
43 board of county commissioners of such
county, or his such chair-
3
1 person's designee;
2
[(2) one (1) member
shall be the mayor of the largest city lo-
3 cated within such county, or
his the mayor's designee;
4
[(3) one (1) member
shall be the county attorney of such
5 county; and
6
[(4) two (2) members
shall be elected by the qualified electors
7 of the county to serve for terms
of two (2) four years, except
as pro-
8 vided in subsection
(b). The other members of the board, or their
des-
9 ignees, who are members ex
officio.
10
[Members specified in paragraphs (1), (2) and (3) of this
subsection
11 shall remain eligible to serve as such
only while holding such
12 county or city office.
13 [The
elective members of the board shall be elected at the
general
14 election following the primary
election at which the proposition for con-
15 solidated law enforcement in such
county is adopted.
16 [(b)
(1) If the proposition for consolidated law enforcement in
such
17 county was approved at an election held
in an even-numbered year, the
18 elective members of the board shall be
elected at the general election in
19 that year.
20
[(2) If the proposition for consolidated law
enforcement in such
21 county was approved at an election held
in an odd-numbered year, the
22 elective members of the board shall be
elected at the general election in
23 the next even-numbered year.
24
[(c) Any person seeking election to such
positions shall file a
25 declaration of candidacy with the county
election officer within
26 thirty (30) 30
days after such primary election , and
certification of the
27 results of the election approving the
proposition. The county election
28 officer shall cause a special ballot to
be prepared containing the
29 names of those persons who have filed
their declarations of can-
30 didacy within the time prescribed.
Ballots for election of board
31 members shall be prepared in such manner
that each elector is
32 instructed to vote for the same number
of candidates as the num-
33 ber of positions to be filled, and the
two (2) candidates receiving
34 the greatest number of votes shall be
elected, except that where
35 there are more than six
(6) qualified candidates for the
elective
36 member positions, the county election
officer shall call and there
37 shall be held, a special election on the
second Tuesday in Decem-
38 ber. The names of the six candidates
receiving the greatest number
39 of votes for any member position at the
general election shall ap-
40 pear on the ballot at the special
election, and the two (2)
candidates
41 receiving the greatest number of votes
shall be elected.
42
[(d) At the first election of board members, one
board member shall
43 be elected for a term of four years and
one member shall be elected for a
4
1 term of two years. At the
expiration of the terms of these board members,
2 each succeeding board member shall
be elected for a term of four years.
3 Each elected board member shall
serve until a successor is elected and
4 qualified.
5
[(e) Board elections shall be nonpartisan and
laws applicable
6 only to partisan elections shall
not apply in such elections. All laws
7 applicable to elections, the
violation of which is a crime, shall be
8 applicable to board elections, and
except as is provided in this par-
9 agraph, laws applicable to county
elections shall apply to board
10 elections to the extent that the same
are not in conflict with the
11 provisions of this act.
12
[(f) On the second Monday in January following
adoption of
13 this act by a county and the
election of board members as provided in
14 this section, the board members
shall take and subscribe to an oath
15 as other county officials. In case of a
vacancy in either elected
16 board member position, the remaining
members of the board shall
17 appoint a successor to fill the
unexpired term.
18 [Members of
said the board shall receive no
compensation, but
19 shall be reimbursed for their actual and
necessary expenses in-
20 curred in the performance of their
official duties.]
21 Section
1. [3.] K.S.A. 25-3808 is
hereby amended to read as follows:
22 25-3808. Each committee provided for in
this act, and its officers, shall
23 have the powers usually exercised by such
committees and by the officers
24 thereof, insofar as is consistent with this
act. The various officers and
25 committees now in existence shall exercise
the powers and perform the
26 duties herein prescribed until their
successors are chosen in accordance
27 with this act. The duties of the chairman
or secretary of any committee,
28 when the committee is not in session, may
be performed by members of
29 such committees selected by such chairman
or secretary. Any vacancy in
30 any committee office shall be filled in the
manner provided in the con-
31 stitution and bylaws of the political
party affected. If the constitution and
32 bylaws of the political party do not
provide for filling such vacancies, then
33 the vacancy shall be filled in the
same manner as that in which such officer
34 was originally chosen.
35 Sec. 2.
[4.] K.S.A. [19-4470, 19-4471 and] 25-3808
is [are] hereby
36 repealed.
37 Sec. 3.
[5.] This act shall take effect and be in force from
and after
38 its publication in the statute book.