Ch. 3             1997 Session Laws of Kansas             5

An Act concerning the Riley county law enforcement agency; relating to membership
therein and the financing thereof; amending K.S.A. 19-4427 and 19-4443 and repealing the existing sections.

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

Section 1. K.S.A. 19-4427 is hereby amended to read as follows:
19-4427. (a) Subject to the provisions of subsection (b), there is hereby
established in all counties adopting the provisions of this act a county law
enforcement agency which shall be known as the ``________________________

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(1) Except as provided in paragraph (2), each agency shall have seven
members who shall be selected in the following manner:

(A) One member shall be a member of the board of county commis-
sioners of the county, selected by such board of commissioners;

(B) one member shall be a resident of the county, to be selected by
the board of county commissioners;

(C) one member shall be a member of the governing body of the
largest city located within the county, selected by such governing body;

(D) two members shall be residents of the largest city located within
the county, to be selected by the governing body of such city;

(E) one member shall be the mayor of the next largest city located
within such county, or a member of the governing body of such city,
designated by such mayor; and

(F) one member shall be the county attorney of such county.

(2) The Riley county law enforcement agency shall have seven mem-
bers who shall be selected in the following manner:

(A) One member shall be a member of the board of county commis-
sioners of the county, selected by such board of commissioners;

(B) one member shall be a resident of the county, to be selected by
the board of county commissioners;

(C) one member shall be a member of the governing body of the city
of Manhattan, to be selected by such governing body;

(D) two members shall be residents of the city of Manhattan, to be
selected by the governing body of such city;

(E) one member shall be the county attorney of such county; and

(F) one member appointed, on alternating terms, by the governing
body of the city of Manhattan and the board of county commissioners of
Riley county which member shall be a member of the governing body of
the appointing authority.

The board of county commissioners of the county and the governing
body of the two largest cities located within such county shall each meet
on the second Monday in January next following the adoption of the
provisions of this act and each two years thereafter and shall select and
designate the members of their respective bodies and the other appoint-
ive members as members of the agency. Appointive members of the
agency shall serve for a term of two years, and other members of the
agency who are members by virtue of their county or city office shall
remain eligible to serve as such only while holding such county or city
office. All members of such agency shall take and subscribe to an oath as
other county officials, and all vacancies occurring in the membership of
the agency shall be filled for the remainder of the unexpired term of the
member creating such vacancy in like manner as that provided for the
appointment of such member. Members of the agency shall not receive
compensation, but shall be reimbursed for their actual and necessary
expenses incurred in the performance of their official duties.

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(b) Whenever there shall be presented to the county election officer
of any such county a petition, signed by qualified electors of such county
equal in number to not less than 10% of the electors of the county who
voted for the office of secretary of state at the last preceding general
election, requesting a special election on the proposition of electing the
members of the law enforcement agency of such county to be held at the
time of the next primary election in August of an even-numbered year,
such special election shall be held at the next such primary election which
occurs not less than 60 days after the date the petition is filed, and the
question submitted at such special election shall be as follows:

``Shall the law enforcement agency of ____________ be composed of seven

If a majority of the electors voting at such election vote in favor of such
proposition, such county's law enforcement agency shall be elected at a
special election which shall be held at the time of the next succeeding
general election as follows: One member shall be elected from each of
the county commissioner districts in such county and the remaining mem-
bers shall be from the county at large, together with that portion
of any city within the county which is located in an adjacent county. Any
person seeking election to any such position shall file a declaration of
candidacy for the appropriate position with the county election officer
within 30 days after the special election at which the proposition for elect-
ing members of the county law enforcement agency is adopted. The
county election officer shall give notice of the special election to elect
members of the agency by publication once in a newspaper having general
circulation within the county. Such publication notice shall be made not
more than 14 nor less than seven days prior to the date of the special
election. If a portion of any city within such county is located in an ad-
jacent county, the county election officer also shall give written notice of
such special election to the county election officer of such adjacent county
as soon as the results of the special election on the proposition to elect
members of the agency are known.

Ballots for the special election to elect members of the agency shall be
prepared by the county election officer of the county to which this act
applies, including ballots for that portion of any city within such county
which is located in an adjacent county which ballots for the portion of
such city shall include only the names of the persons having declared
themselves to be candidates for the at large positions. All ballots for the
at large positions shall be prepared in such manner that each elector is
instructed to vote for the same number of candidates as the number of
positions to be filled. So far as the same may be made applicable, the laws
governing the election of county commissioners shall govern the election
of such members to be elected within county commissioner districts, and

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the laws governing the election of other county officers shall govern the
election of the members from the county at large, except that the election
of members of the law enforcement agency shall be nonpartisan and in
each instance the candidate receiving the greatest number of votes shall
be elected. Where electors of an adjacent county residing in a city which
is partly in such adjacent county and partly in a county to which this act
applies are to vote on candidates for the at large positions, the county
election officer of such adjacent county shall conduct the election and the
board of canvassers of such adjacent county shall canvass the ballots cast
at such special election by electors of such adjacent county who reside in
such city. The board of canvassers of such adjacent county shall certify
the results of the special election in the adjacent county to the board of
canvassers of the county to which this act applies.

On the second Monday in January next following such general election,
the member positions of the law enforcement agency established pur-
suant to subsection (a) shall be abolished and the members elected pur-
suant to this subsection shall commence upon the duties of their office.
Members elected hereunder shall serve for terms of two years and, except
for the provisions relating to selection of members, the provisions of sub-
section (a) shall be applicable to such members.

Sec. 2. K.S.A. 19-4443 is hereby amended to read as follows: 19-
4443. (a) Subject to the provisions of subsection (c) and (d), any county
adopting the provisions of this act and each incorporated city within such
county shall share in the cost, exclusive of medical expenses of prisoners,
of operating the law enforcement agency and department in the same
proportion as the budget of each such political subdivision for the oper-
ation of the sheriff's department or the police department, as the case
may be, in the fiscal year in which this act is adopted bears to the total
of all such budgets in said fiscal year.

(b) On or before the first Monday in July of each year the agency
shall prepare and submit to the board of county commissioners of the
county and to the governing body of each incorporated city within such
county a budget of expenditures for the operation of such agency and the
department for the next budget year, itemizing the expenses and amounts
and the purpose, and shall certify the proportionate liability of each such
political subdivision therefor. An amount not to exceed 15% of any annual
budget may be allocated to a special accruing emergency reserve fund. In
making the budget, any amounts credited to, and the amounts on hand
in, such reserve fund and the amounts expended therefrom shall be shown
for the information of the taxpayers of the county. Not less than 10 days
prior to submitting such budget, the agency shall hold a hearing thereon
in accordance with the provisions of K.S.A. 79-2929, and amendments
thereto. The annual budget of expenditures of the agency shall not exceed
110% of the annual budget of expenditures for the preceding fiscal year

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except that all expenditures incurred by the agency or department for
motor fuels, lubricants and other transportation-related products shall be
exempt from the budgetary limitation to the extent that the cost of such
expenditures exceeds 110% of the preceding fiscal year's budget for the
same such expenditures. The board of county commissioners of said
county shall levy a tax upon all assessed taxable tangible property of such
county sufficient to raise the amount of the budget for which said county
is liable and to pay a portion of the principal and interest on bonds issued
under the authority of K.S.A. 12-1774, and amendments thereto, by cities
located in the county, and the governing body of each of the cities shall
levy a tax upon all assessed taxable tangible property of such city sufficient
to raise the amount of the budget for which the city is liable and to pay
a portion of the principal and interest on bonds issued by such city under
the authority of K.S.A. 12-1774, and amendments thereto. The moneys
derived from all levies, except for amounts to pay a portion of the principal
and interest on bonds issued under the authority of K.S.A. 12-1774, and
amendments thereto, by cities located in the county, made hereunder
shall be deposited in the county treasury and credited to a separate fund
to be expended for the operation of the county law enforcement agency
and department.

(c) In any county where only two cities and the county levy a tax as
provided in subsection (b) and one such city is a city of the first class and
the other city is a city of the third class, each such city and the county
shall levy a tax for the costs of the law enforcement agency and depart-
ment commencing with the levy for 1979, in an amount computed as
follows:

(1) When the budget for the law enforcement agency and department
is established for the next year, the levy for the city of the first class shall
be computed in accordance with subsection (a);

(2) the levy for the city of the third class then shall be fixed at a rate
higher or lower than its previous mill levy for such purpose, by an amount
equal to the net increase or decrease in the mill levy rate that the levy of
the city of the first class bears to that of its levy for the previous year;

(3) the county then shall levy a tax at a mill rate sufficient to pay the
remaining portion of the budget of the law enforcement agency and de-
partment.

(d) When the budget for the Riley county law enforcement agency
and department is established for 1998, the city of Manhattan shall levy
a tax at a mill rate sufficient to fund 80% of the budget of the law en-
forcement agency and department and the county shall levy a tax at a mill
rate sufficient to fund 20% of the budget of the law enforcement agency
and department. Thereafter, the governing body of the city of Manhattan
and the board of county commissioners of Riley county shall determine
annually, by adoption of a joint resolution, the portion which the city and
county shall pay to fund the budget of the law enforcement agency and

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department. If a joint resolution is not adopted by the second Monday in
June each year, the funding formula adopted the previous year shall con-
tinue in effect.

Sec. 3. K.S.A. 19-4427 and 19-4443 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 12, 1997.

Published in the Kansas Register: March 20, 1997.