As Amended by Senate Committee
Session of 2000
SENATE BILL No. 535
By Committee on Elections and Local Government
2-1
11 AN ACT
concerning extension districts; amending K.S.A. 2-608, 2-609,
12 2-611, 2-612, 2-613,
2-614, 2-615 and 2-616 and K.S.A. 1999 Supp. 2-
13 610, 2-623 and 2-624
and repealing the existing sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section
1. K.S.A. 2-608 is hereby amended to read as follows:
2-608.
17 If a county extension council has been
organized as specified in K.S.A. 2-
18 611 and amendments thereto or an extension
district has been established
19 under K.S.A. 2-623 and amendments thereto,
for the purpose of giving
20 instruction in agriculture,
marketing, home economics, 4-H club and
21 youth work, community and resource
development, and economic de-
22 velopment initiatives
in agriculture, marketing, home economics, 4-
23 H club and youth work, community and
resource development, and
24 economic initiatives to the
people of the county or extension district, as
25 the case may be, through practical
demonstrations, meetings,
26 publications, and otherwise, and the
employment of an extension agent
27 or agents to prosecute such instructions,
the Kansas state university of
28 agriculture and applied science shall
contribute from federal and state
29 funds granted for cooperative extension
work an amount of not less than
30 $1,500, as far as such funds are available,
towards the salary of each ex-
31 tension agent employed.
32 Sec.
2. K.S.A. 2-609 is hereby amended to read as follows: 2-609.
(a)
33 Before allocations of funds are made by the
director of extension of Kan-
34 sas state university of agriculture and
applied science pursuant to K.S.A.
35 2-608 and amendments thereto, the county
extension council shall pres-
36 ent to the director of extension and to the
board of county commissioners
37 of its county, a list of members of the
extension council and of its executive
38 board and the officers of
the governing body, with the statement signed
39 by the chairperson of the
board council certifying that these
members
40 and officers have been duly elected as
specified in K.S.A. 2-611 and
41 amendments thereto.
42 (b) Before
allocations of funds are made by the director of extension
43 of Kansas state university of agriculture
and applied science pursuant to
2
1 K.S.A. 2-608 and amendments thereto,
the governing body of the exten-
2 sion district shall present to the
director of extension a list of members
3 of the governing body of the
extension district and the officers of the
4 governing body, with the statement
signed by the chairperson of the gov-
5 erning body certifying that these
members and officers have been duly
6 elected as specified in K.S.A. 2-624
and amendments thereto.
7 (c) No
allocation of funds shall be made by the director of extension
8 of Kansas state university of
agriculture and applied science pursuant to
9 K.S.A. 2-608 and amendments thereto
for funding for any additional ex-
10 tension agent for the county extension
council of any county which cur-
11 rently employs four or more extension
agents, unless funds have been
12 allocated by the director of extension for
an additional extension agent
13 for each county extension council of each
county which currently employs
14 less than two extension agents and which
requests funds for an additional
15 extension agent.
16 Sec.
3. K.S.A. 1999 Supp. 2-610 is hereby amended to read as
fol-
17 lows: 2-610. (a) On or before July 15 each
year, the executive board of
18 the county extension
council shall file with the county commissioners in
19 the office of the county clerk:
20 (1) A list of
current members of the county extension council and
its
21 executive board;
22 (2) a
certification of election of officers as provided in subsection
(c)
23 of K.S.A. 2-611, and amendments
thereto;
24 (3) a certificate
by the director of extension of Kansas state university
25 of agriculture and applied science that the
county extension council is
26 properly functioning and entitled to
receive the appropriations provided
27 by law; and
28 (4) a proposed
budget prepared in cooperation with the director of
29 extension of Kansas state university of
agriculture and applied science for
30 the ensuing calendar year.
31 (b) If the
commission does not approve the proposed budget within
32 10 days after receipt thereof, it shall
return the budget to the board coun-
33 cil. Upon receipt of the returned
budget, the board council shall
consider
34 amendments or modifications and may consult
with the commission con-
35 cerning the budget. Within 10 days after
receipt of the returned budget,
36 the board council
shall resubmit its proposed budget, with or without
37 amendment or modification, to the
commission. Within 10 days after
38 resubmission of the proposed budget, the
commission shall approve, or
39 amend or modify and approve as amended or
modified, such proposed
40 budget. The commission shall adopt the
proposed budget as approved
41 and shall make the same a part of the
regular county budget. The board
42 of county commissioners shall make an
appropriation and certify to the
43 county clerk the amount of tax necessary to
be levied on all tangible
3
1 taxable property of the county
sufficient to provide a program of county
2 extension work and to pay a portion
of the principal and interest on bonds
3 issued under the authority of K.S.A.
12-1774, and amendments thereto,
4 by cities located in the county.
5 Sec.
4. K.S.A. 2-611 is hereby amended to read as follows: 2-611.
(a)
6 Except as otherwise provided
in this section, the citizens of voting age
7 residing in each of the
county commissioner districts in each county in
8 this state are qualified to
participate in the meeting which shall be held
9 in each such district in each
year not earlier than September 1, and at
10 least 10 days before the annual
meeting of the county extension council
11 upon a date and at a time and place
determined and fixed by the executive
12 board of the county extension
council and shall elect annually from among
13 their number four members of the
county extension council. In Leav-
14 enworth county, such election shall
be held at the time of the annual
15 Leavenworth county fair. Of the
four members, one shall be elected to
16 represent agriculture and shall be
actively engaged in agricultural pur-
17 suits, one shall be elected to
represent home economics work, one shall
18 be elected to represent 4-H club
and youth work, and one shall be elected
19 to represent educational programs
in economic development initiatives.
20 The county extension council
executive board members of each county
21 may choose to hold a countywide
election meeting in lieu of holding a
22 meeting in each district. Prior to
adjournment of the countywide meeting
23 the citizens of each county
commissioner district shall separate into
24 groups for the purpose of electing
the county extension council members
25 who shall represent the district on
the county extension council. The
26 countywide meeting shall be subject
to the same conditions hereinabove
27 provided for county commissioner
district election meetings.
28 (b) The
executive board of the county extension council, as
provided
29 for in subsection (f), may choose,
as an alternate method of electing
30 county extension council members,
to mail a ballot to each citizen of
31 voting age residing in the county
at least three weeks before the annual
32 meeting of the county extension
council. The ballots shall contain the
33 names and resident addresses of all
persons who are candidates for county
34 extension council membership. The
incumbent county extension council
35 members shall select not less than
two persons as candidates for each
36 position to be filled. After the
ballot has been marked, each voter shall
37 mail or otherwise transmit the
ballot to the county extension office of the
38 county at least seven days prior to
the annual meeting of the county
39 extension council.
40 (c) In
any county having three county commissioner districts, the
cit-
41 izens may elect county extension
council members at large or by county
42 commissioner district as determined
by the executive board of the county
43 extension council for the county.
In any county having other than three
4
1 county commissioner
districts, the citizens shall elect county extension
2 council members at large. A
county extension council elected at large
3 shall also have a total
elected membership of 24, with six members elected
4 to represent agriculture who
shall be actively engaged in agricultural pur-
5 suits, six members elected to
represent home economics, six members
6 elected to represent 4-H club
and youth work, and six members elected
7 to represent educational
programs in economic development initiatives.
8 When county extension council
members are elected at large, 12 shall be
9 elected annually, three of
whom shall represent agriculture, three of
10 whom shall represent home
economics, three of whom shall represent 4-
11 H club and youth work, and three of
whom shall represent educational
12 programs in economic development
initiatives. County extension council
13 members elected at large shall
serve under the same conditions as county
14 extension council members elected
by county commissioner districts, ex-
15 cept the provision that three
members of the executive board shall be
16 elected from each county
commissioner district shall not apply. The
17 county extension council shall be
composed of seven members. Initially
18 the county executive
board commission existing on June
1, 2000, follow-
19 ing the effective date of this
act shall appoint seven members of the
20 county extension council. The terms of
each member so appointed shall
21 commence on July 1 following such
member's appointment. Each member
22 so appointed shall be a resident of the
county. Of the members so ap-
23 pointed four members shall serve for
terms ending upon the election
ap-
24 pointment and
qualification of such members' successors at an
election
25 held on the first Tuesday in
April on June 1 of the first
odd-numbered
26 year following such members' appointment
and three members shall serve
27 for terms ending upon the
election appointment and
qualification of such
28 members' successors at an
election held on the first Tuesday in April
on
29 June 1 of the second
odd-numbered year following such members' ap-
30 pointment. At the
conclusion of the terms of the first members first
ap-
31 pointed to membership on the
county extension council, the seven mem-
32 bers shall be elected in a
county-wide election by the qualified electors of
33 the county.
34 (b) At the
conclusion of the terms of the members first appointed to
35 membership on the county extension
council, each member of the council
36 shall hold office for a term of four
years and until such member's successor
37 is elected and qualified. Each such term
of office shall commence on the
38 date of receipt of certification of
election by the member elected and shall
39 continue until the member's successor is
elected and qualified.
40 (c)
(1) Except as otherwise provided in this act, an election to
elect
41 successors to members of the council
whose terms are expiring shall be
42 held on the first Tuesday in April in
each odd-numbered year.
43 (2) Except as
otherwise provided in this act, elections to choose mem-
5
1 bers of the county extension
council shall be conducted, the returns made
2 and the results ascertained in the
manner provided by law for general
3 county elections. Each person
desiring to be a candidate for membership
4 on the council, in any election,
shall file a declaration of candidacy with
5 the county election officer at the
same time required for other offices
6 elected in April in an
odd-numbered year.
7 (3) Any
vacancy in the membership of the council shall be filled by
8 appointment by the council for the
unexpired term of office.
9 (4) The
county extension council shall organize annually in July by
10 electing from among its members a
chairperson, vice-chairperson, secre-
11 tary and treasurer.
12 (d) The
24 seven members so
elected appointed in the
three county
13 commissioner districts, or at
large, in any county shall constitute and
be
14 the county extension council, and it shall
be the duty of the council to
15 plan the educational extension programs of
the county.
16 (e) At
the annual meeting of the county extension council, the
council
17 members elected to represent
agricultural pursuits, home economics
18 work, 4-H club and youth work or
educational programs in economic
19 development initiatives, may meet
separately and elect a group chairper-
20 son The county
extension council shall appoint three or more program
21 development committees to develop
educational program plans on exten-
22 sion work. Each program development
committee shall be chaired by a
23 member of the county extension
council. Each group shall meet as nec-
24 essary for the purpose of developing
educational program plans on ex-
25 tension work in agricultural
pursuits, in home economics work, in 4-H
26 club and youth work, or economic
development initiatives in agricul-
27 ture, marketing, home economics, 4-H
club and youth work, com-
28 munity and resource development, and
economic initiatives. All pro-
29 gram plans shall be subject to final
approval by the executive board of
30 the county extension council.
31 (f) The
county extension council shall meet annually not earlier
than
32 October 1, and not later than
December 20, and shall elect from among
33 its own members an executive board
consisting of a chairperson, a vice-
34 chairperson, a secretary and a
treasurer and five additional members. The
35 date, time and place of the annual
meeting shall be determined and fixed
36 by the executive board. No more
than three members of the executive
37 board shall be elected from any
county commissioner district, and at least
38 one member shall be elected from
each county extension council member
39 group namely, agricultural
pursuits, home economics, 4-H club and youth
40 work, and educational programs in
economic development initiatives. The
41 executive board of the
county extension council is authorized to transact
42 all business of the council, shall have
control of all the property of the
43 council, and may employ and fix the
compensation of such persons as are
6
1 necessary for the conduct of the
business of the council, except as herein
2 otherwise expressly provided.
3 (g) Members
of the county extension council and of the
executive
4 board shall receive
no compensation for their services as members of the
5 council or of the executive
board. The members of the executive
board
6 county extension council,
after their election appointment and
prior to
7 entering upon the duties of their
respective offices, shall take and sign
8 the usual oath of public officers and
the same shall be filed in the office
9 of the county clerk.
10 (h) (1) The
treasurer of the executive board county
extension council
11 after election as treasurer and before
entering upon the duties of the
12 office as treasurer shall execute to the
council a corporate surety bond,
13 of 100% of the amount as nearly as can be
ascertained that shall be in
14 the treasurer's hands at any one time. All
the bonds shall be conditioned
15 to the faithful discharge of the duties of
the office of treasurer. The
16 amount and sufficiency of all bonds shall
be determined by the county
17 clerk, and, upon the county clerk's
approval endorsed on the bond, shall
18 be filed with the county clerk, who shall
immediately notify the secretary
19 of the executive board
county extension council and the county treasurer
20 of the approval and filing. The cost of any
corporate surety bond so fur-
21 nished shall be paid by the
executive board county extension council.
In
22 the event of the breach of any condition
thereof, the chairperson of the
23 executive board county
extension council shall, and if the chairperson does
24 not, any member of the county extension
council may, cause a suit to be
25 commenced thereon in the member's own name
for the benefit of the
26 council, in which suit it shall not be
necessary to include the treasurer as
27 a party to the suit and the money collected
shall be applied to the use of
28 the council, as the same should have been
applied by the treasurer.
29
(2) Public notices of each annual election meeting or
mail ballot elec-
30 tion for county commissioner
districts or at large, and the annual meeting
31 of the county extension council
provided for in this section shall be pub-
32 lished once at least one week but
not more than three weeks prior to the
33 date fixed for such election or
annual council meeting in a newspaper
34 having general circulation in the
county. The executive board shall call
35 each of the annual election
meetings and the annual meeting of the ex-
36 tension council and shall cause the
notices of meetings to be published
37 as herein required. The notices
shall state the date, time and place of the
38 meeting. The cost of publishing the
notices shall be paid by the executive
39 board of the county extension
council.
40
(3) The elected officers and the members of
the executive board shall
41 hold office for one year and until their
successors are elected and qualify
42 qualified. Vacancies in the
membership of the executive board
county
43 extension council shall be filled
for the unexpired term from by the re-
7
1 maining members of the county
extension council by the executive board.
2 Vacancies among the officers of the
executive board county extension
3 council shall be filled for
the unexpired term by election from the re-
4 maining members of the
executive board. Each year not earlier than
Jan-
5 uary 2, and not later than
January 15, the retiring executive board shall
6 meet with the newly elected
executive board at a time and place desig-
7 nated by the chairperson of
the retiring executive board. At the meeting
8 the retiring executive board
shall conclude all business of the past year
9 and pay all lawful bills for
the year in which it has served and provide the
10 new executive board with all
reports, records and other information which
11 may be necessary to the operation
of the county extension program during
12 the ensuing year county
extension council.
13 (4)
(3) Members of the county extension council shall hold
office for
14 a term of two four
years and until their successors are elected and
qualify,
15 and no member of the council shall
hold office for more than two con-
16 secutive terms
qualified. Vacancies in the membership of the county ex-
17 tension council shall be filled by
appointment by the executive board
18 remaining members of the county
extension council for the unexpired
19 term of office.
20
(i) Notwithstanding any other provision of this
section, the terms of
21 all members of any county extension
council serving on the effective date
22 of this act shall expire in 1987,
and 24 members shall be elected to con-
23 stitute and be the county extension
council by one of the election methods
24 authorized by this section. Of the
members elected to the county exten-
25 sion in 1987, six members shall be
elected to represent agriculture who
26 shall be actively engaged in
agricultural pursuits, six members shall be
27 elected to represent home
economics, six members shall be elected to
28 represent 4-H club and youth work
and six members shall be elected to
29 represent educational programs in
economic development initiatives.
30 Three of each of the six members
elected to represent each county ex-
31 tension council member group shall
hold office for a one-year term and
32 until their successors are elected
and qualify, and three of each six-mem-
33 ber group shall hold office for a
two-year term and until their successors
34 are elected and
qualify.
35 Sec.
5. K.S.A. 2-612 is hereby amended to read as follows: 2-612.
All
36 moneys received by the treasurer for the
council or executive board shall
37 be deposited by the treasurer in a bank
designated by the executive board
38 county extension council and
authorized to receive public deposits. The
39 treasurer shall pay out, on the warrant of
the secretary of the executive
40 board county extension
council, or by a combination warrant check, in
41 either case, signed by the chairperson of
the executive board county ex-
42 tension council all moneys which
shall come to the treasurer's hands for
43 the use of the council or executive
board, and the treasurer shall not pay
8
1 any sum from the funds of the council
or executive board in any other
2 manner. The treasurer shall keep a
record of all the moneys received and
3 disbursed, specifying the person or
persons from whom received and to
4 whom paid, and the object for which
same has been paid out. The trea-
5 surer shall present to the executive
board at each regular meeting of the
6 board a report in writing containing
a statement of all moneys received
7 from the county treasurer and from
any other source since the last regular
8 meeting of the executive
board county extension council; and of the dis-
9 bursements made with the items of
such disbursements, and exhibit the
10 warrants or checks or combination warrants
and checks therefor, which
11 report shall be recorded by the secretary
of the executive board county
12 extension council; and at the close
of the treasurer's term of office shall
13 settle with the executive
board county extension council; and shall hand
14 over to the successor all records and
papers received as treasurer, to-
15 gether with all moneys remaining in the
hands of the treasurer.
16 Sec.
6. K.S.A. 2-613 is hereby amended to read as follows:
2-613.
17 The county treasurer shall pay to the
treasurer of the executive board of
18 the county
extension council of the county treasurer's county all
moneys
19 in the county treasury belonging to said
council, upon the order of the
20 treasurer of the executive board of
the council countersigned by the sec-
21 retary of the executive
board county extension council:
Provided,. That
22 the The county
treasurer shall not pay to said the
treasurer of the executive
23 board county extension
council any such moneys unless and until the
24 county treasurer has been notified by the
county clerk that said the trea-
25 surer of the executive
board county extension council has filed
his or her
26 such treasurer's bond and same has
been approved by the county clerk.
27 Sec.
7. K.S.A. 2-614 is hereby amended to read as follows:
2-614.
28 The secretary of the executive
board county extension council shall: (1)
29 Record the proceedings of all meetings of
the executive board county
30 extension council in books provided
for that purpose within 20 days fol-
31 lowing the meeting; (2) prepare and submit
to each meeting of the ex-
32 ecutive board county
extension council a report on the work and activities
33 of the county extension council since
the the council's last meeting of
the
34 board; and (3) perform
such other duties as are usually performed by
35 secretaries and as may be prescribed by the
executive board county ex-
36 tension council. The records of the
secretary shall be open to public in-
37 spection at all reasonable times.
38 Sec.
8. K.S.A. 2-615 is hereby amended to read as follows: 2-615.
(a)
39 Except as otherwise provided for jointly
employed agents, the executive
40 board of the county
extension council or the governing body of the ex-
41 tension district, as the case may be, and
the director of extension, or the
42 director's authorized representative, shall
appoint an extension agent and
43 determine the amount of the extension
agent's compensation. The exten-
9
1 sion agent shall be under the general
supervision of the executive board
2 county extension council or
the governing body of the extension district,
3 as the case may be, and the director
of extension. The director of exten-
4 sion of Kansas state university of
agriculture and applied science shall
5 determine the qualifications of each
extension agent.
6
(b) The executive boards of Two or more
county extension councils
7 and the director of extension, or the
director's authorized representative,
8 may enter into an agreement to
jointly employ an extension agent or
9 agents under like conditions as the
executive board county extension
10 council of a single county. Any such
agreement may determine the
11 amount of compensation to be paid for each
such agent by each executive
12 board of the county
extension council and the director of extension, the
13 program and service priorities that will be
applicable to each such agent
14 and the time each such agent is to spend in
each county. In any case
15 where one or more extension agents are to
be jointly employed pursuant
16 to such an agreement, each such agent may
be employed and supervised
17 by a multicounty extension governing board
and the director of extension,
18 or the director's authorized
representative, in accordance with the agree-
19 ment entered into by the executive
boards of the county extension coun-
20 cils of the respective counties. Any such
multicounty extension governing
21 board shall be composed of the chairperson,
vice-chairperson, secretary
22 and treasurer of each executive
board county extension council entering
23 into the agreement.
24 (c) All accounts
and all expenditures of funds of the county extension
25 council or the governing body of an
extension district, as the case may
26 be, from whatever source derived shall be
subject to the approval of the
27 executive board county
extension council and the director of extension of
28 Kansas state university of agriculture and
applied science.
29 Sec.
9. K.S.A. 2-616 is hereby amended to read as follows: 2-616.
(a)
30 Each county extension council or extension
district shall have for its sole
31 purpose the giving of instruction and
practical demonstrations in agri-
32 culture, marketing, home economics,
4-H club and youth work, com-
33 munity and resource development,
and economic development initiatives
34 in agriculture, marketing, home
economics, 4-H club and youth
35 work, community and resource
development, and economic initia-
36 tives to all persons in the
county or extension district, as the case may
37 be, and the imparting to such persons of
information on those subjects
38 on those subjects through
practical demonstrations, meetings,
39 publications, or otherwise, in accordance
with the program and service
40 prescribed by the council or the governing
body of the extension district,
41 as the case may be. Extension councils and
extension districts shall not
42 engage in commercial or other private
enterprises, legislative programs,
43 or other activities not authorized by this
act and shall not give preferred
10
1 service to any individual, group or
organization.
2 (b) County
extension councils and the governing bodies of extension
3 districts may collect fees for
specific services which require special equip-
4 ment or personnel, such as a soil
testing laboratory, seed testing service
5 or other educational service, but
such councils and governing bodies shall
6 not collect membership dues nor shall
such councils and governing bodies
7 collect dues for or pay dues to any
local, state or national organization or
8 association. The furnishing of
supplies or services deemed necessary by
9 the director of extension and the
executive board of the county extension
10 council or the governing body of the
extension district, as the case may
11 be, to the conduct of any educational
program authorized under this act
12 shall not be considered private enterprise
or commercial activity within
13 the meaning of this act.
14 (c) Nothing in
this act or any act amendatory thereof shall prevent
15 any county extension council, any
multicounty extension governing board,
16 or any extension district, or any extension
agents employed by such coun-
17 cil, board or district, from using or
seeking opportunities to reach an
18 audience of persons interested in extension
work through the help of
19 interested farm organizations, civic
organizations or any other group. In
20 using or seeking such opportunities the
county extension council, multi-
21 county extension governing board, or
extension district, or the agents
22 employed by such council, board or
district, shall make available to all
23 groups and organizations in the county,
multicounty area or extension
24 district, as the case may be, equal
opportunity to cooperate in the edu-
25 cational extension program. Extension
agents shall not require uniform
26 bylaws, rules, regulations and methods of
procedure in groups, clubs or
27 organizations wishing to do extension work.
This prohibition shall not
28 prevent extension agents from suggesting
bylaws, regulations and meth-
29 ods of procedure for such groups, clubs or
organizations.
30 Sec.
10. K.S.A. 1999 Supp. 2-623 is hereby amended to read as
fol-
31 lows: 2-623. (a) Prior to July 1 of any
year, any two or more county ex-
32 tension councils may establish an extension
district composed of all of the
33 counties of such councils by entering into
an agreement in accordance
34 with this section to combine the extension
programs for each county in-
35 volved into one extension program serving
the extension district. No such
36 agreement shall be effective unless such
agreement has received the prior
37 approval of (1) the board of county
commissioners of each county in-
38 cluded in the proposed extension district,
subject to the provisions of
39 subsection (i); (2) the executive
board of the extension council of each
40 county included in the proposed extension
district and the director of
41 extension of Kansas state university of
agriculture and applied science, or
42 the director's authorized representative,
acting together as a body; and
43 (3) the attorney general in accordance with
subsection (h).
11
1 (b) Prior
to July 1 of any year, one or more county extension councils
2 and the governing body of any
existing extension district may establish a
3 new extension district by entering
into an agreement in accordance with
4 this section to combine the extension
programs for each such county and
5 such district into one extension
program serving a new extension district
6 composed of all counties represented
by such county extension councils
7 and the area served by the existing
extension district. No such agreement
8 shall be effective unless such
agreement has received the prior approval
9 of (1) the board of county
commissioners of each county being added to
10 the existing extension district, subject to
the provisions of subsection (i);
11 (2) the executive board of
the county extension council of each county
12 being added to the existing extension
district, the governing body of the
13 existing extension district and the
director of extension of Kansas state
14 university of agriculture and applied
science, or the director's authorized
15 representative, acting together as a body;
and (3) the attorney general in
16 accordance with subsection (h).
17 (c) On July 1
after the approval under subsection (a) or (b) of an
18 agreement to establish an extension
district, such extension district is
19 hereby established and shall constitute a
body corporate and politic pos-
20 sessing the usual powers of a corporation
for public purposes under the
21 name of ``extension district no. ____ (the
number designated by the
22 director of extension), ____ counties
(naming the counties included
23 within the district), state of Kansas.''
Each extension district is a taxing
24 subdivision and has the power to contract,
sue and be sued and to acquire,
25 hold and convey real and personal property
in accordance with law.
26 (d) Upon the
establishment of an extension district under subsection
27 (a) or (b), all of the personnel and
property of each of the extension
28 programs which are combined into the new
district extension programs
29 shall be transferred to the new extension
district and shall be subject to
30 the authority of the governing body of the
extension district in accordance
31 with the agreement to establish the
extension district.
32 (e) Upon the
establishment of an extension district under subsection
33 (a), the board of county commissioners of
each county joining in the
34 establishing of an extension district shall
appoint four qualified electors
35 chosen from the membership of each
county extension council in existence
36 on the day before such extension
district is created, to membership on
37 the governing body of the district. The
terms of all members so appointed
38 shall commence on July 1 following their
appointment. Each unappointed
39 member of each county extension in
existence on the day before such
40 extension district is created, at such
member's discretion, may serve out
41 the remainder of such member's term as
an ex officio nonvoting member
42 of the extension district. Of the
members so appointed two members shall
43 serve for terms ending upon the election
and qualification of their suc-
12
1 cessors at an election held on the
first Tuesday in April of the first odd-
2 numbered year following their
appointment and two members shall serve
3 for terms ending upon the election
and qualification of their successors
4 at an election held on the first
Tuesday in April of the second odd-num-
5 bered year following their
appointment.
6 (f) In the
case of one or more counties being included in an existing
7 extension district under subsection
(b), the board of county commission-
8 ers of each county being included in
an existing extension district shall
9 appoint four qualified electors of
the county to membership on the gov-
10 erning body of the expanded district. The
terms of all members so ap-
11 pointed shall commence on July 1 following
their appointment. Of the
12 members so appointed two members shall
serve for terms ending upon
13 the election and qualification of their
successors at an election held on
14 the first Tuesday in April of the first
odd-numbered year following their
15 appointment and two members shall serve for
terms ending upon the
16 election and qualification of their
successors at an election held on the
17 first Tuesday in April of the second
odd-numbered year following their
18 appointment. The offices of the members of
the governing body of the
19 existing extension district shall continue
in existence and the persons in
20 such offices shall be members of the
governing body of the expanded
21 extension district which is established on
July 1 for the remainder of their
22 existing terms of office.
23 (g) In addition
to other required provisions, each agreement entered
24 into under this section shall specify the
permissible method or methods
25 to be employed in disposing of the assets
and liabilities of the extension
26 district in the event that one or more
counties withdraw from the exten-
27 sion district under K.S.A. 2-628 and
amendments thereto.
28 (h) Each
agreement entered into under this section or under K.S.A.
29 2-628 and amendments thereto, prior to and
as a condition precedent to
30 its entry into force, shall be submitted to
the attorney general who shall
31 determine whether the agreement is in
proper form and compatible with
32 this act and the other laws of Kansas. The
attorney general shall approve
33 any agreement submitted for approval under
this section or K.S.A. 2-628
34 and amendments thereto unless the attorney
general finds that the sub-
35 mitted agreement does not meet the
requirements of this act. In such
36 case, the attorney general shall specify in
writing to the proposed parties
37 to the agreement and to each other entity
required to approve the agree-
38 ment, the specific respects in which the
proposed agreement fails to meet
39 the requirements of law. Failure by the
attorney general to disapprove
40 an agreement submitted pursuant to this
subsection within 90 days of its
41 submission shall constitute approval of the
agreement by the attorney
42 general.
43 (i) Prior to
approving an agreement under this section, the board of
13
1 county commissioners of each county
to be included in a proposed ex-
2 tension district under subsection (a)
or to be added to an existing exten-
3 sion district under subsection (b),
as the case may be, shall adopt a res-
4 olution stating the intention of the
board of county commissioners to
5 approve such agreement and specifying
the counties that are to be in-
6 cluded in the extension district.
Such resolution shall be published once
7 each week for two consecutive weeks
in the official county newspaper.
8 If, within 60 days following the last
publication of the resolution, a petition
9 in opposition to the approval of the
agreement and the inclusion of the
10 county in the extension district is signed
by not less than 5% of the qual-
11 ified electors of the county and is filed
with the county election officer,
12 such board of county commissioners shall
not approve such agreement
13 and the county shall not be included in the
extension district unless and
14 until the same is approved by a majority of
the qualified electors of the
15 county voting thereon at a primary election
or general election or at a
16 special election called and held for such
purpose. Any such special elec-
17 tion shall be called, noticed and held in
accordance with the provisions
18 of K.S.A. 10-120, and amendments
thereto.
19 Sec.
11. K.S.A. 1999 Supp. 2-624 is hereby amended to read as
fol-
20 lows: 2-624. (a) The governing body of each
extension district shall be
21 composed of four representatives from each
county included in the ex-
22 tension district. At the conclusion of the
terms of the members first ap-
23 pointed to membership on the governing body
of the district, the four
24 members representing each county in an
extension district shall be
25 elected in a county-wide election by the
qualified electors of the county.
26 (b) At the
conclusion of the terms of the members first appointed to
27 membership on the governing body of the
district, each member of the
28 governing body shall hold office for a term
of four years and until such
29 member's successor is elected and
qualified. Each such term of office
30 shall commence on the date of receipt of
certification of election by the
31 member elected and shall continue until the
member's successor is
32 elected and qualified.
33 (c)
(1) Except as otherwise provided in this act, an election to
elect
34 successors to members of the governing body
whose terms are expiring
35 shall be held on the first Tuesday in April
in each odd-numbered year.
36 (2) Elections to
choose members of the governing body of an exten-
37 sion district shall be conducted, the
returns made and the results ascer-
38 tained in the manner provided by law for
general county elections except
39 as otherwise provided by this act. Not
later than 12:00 12 noon of the
40 Wednesday next following the
Tuesday, five Tuesday preceding by 10
41 weeks preceding the first
Tuesday in April in odd-numbered years, each
42 person desiring to be a candidate for
membership on the governing body,
43 in any election, shall file a declaration
of candidacy with the county elec-
14
1 tion officer of the county
represented by the member of the governing
2 body whose successor is to be
elected, as a candidate in such election.
3 The county election officer in making
up the ballots and in placing the
4 names thereon shall place the names
on the ballots in alphabetical order.
5 (3) The
county election officer of each county within the extension
6 district shall appoint election
boards as provided by law for other elections
7 and shall designate places for
holding the election. The county election
8 officer shall cause to be ascertained
the names of all persons within the
9 district who are qualified electors,
and shall furnish lists thereof to the
10 judges of the election. Notice of the time
and place of holding each elec-
11 tion, signed by the county election
officer, shall be given in a newspaper
12 published in the county and posted in a
conspicuous place in the office
13 of the governing body at least five days
before the holding thereof.
14 (4) All election
expenses shall be paid by the extension district. Elec-
15 tion officials shall receive the same
compensation as provided under the
16 general election laws.
17 (e) Any vacancy
in the membership of the governing body of an ex-
18 tension district shall be filled by
appointment by the governing body for
19 the unexpired term of office. Each member
so appointed shall be a res-
20 ident of the county which was represented
by the member creating the
21 vacancy.
22 (f) The governing
body of each extension district shall organize an-
23 nually in July by electing from among its
members a chairperson, vice-
24 chairperson, secretary and
treasurer.
25 Sec. 12. K.S.A. 2-608, 2-609,
2-611, 2-612, 2-613, 2-614, 2-615 and
26 2-616 and K.S.A. 1999 Supp. 2-610, 2-623
and 2-624 are hereby repealed.
27 Sec. 13. This act shall
take effect and be in force from and after its
28 publication in the statute book.