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AN ACT concerning state officers; providing for the appointment by the
  governor of the commissioner of insurance and the state treasurer;
  amending K.S.A. 25-101, 25-101a, 25-4001 and 75-601 and K.S.A.
  1996 Supp. 25-213, 40-102 and 75-3111a and repealing the existing
  sections; also repealing K.S.A. 25-101b and 40-106 and K.S.A. 1996
  Supp. 75-3108.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 25-101 is hereby amended to read as follows: 25-
101. On the Tuesday succeeding the first Monday in November of each
even-numbered year, there shall be held a general election to elect offi-
cers as follows:
  At each alternate election, prior to the year in which the term of office
of the president and vice-president of the United States will expire, there
shall be elected the electors of president and vice-president of the United
States to which the state may be entitled at the time of such election;
  at each such election, when the term of a United States senator for this
state shall expire during the next year, there shall be elected a United
States senator;
  at each such election there shall be elected the representatives in con-
gress to which the state may be entitled at the time of such election;
  at each alternate election, prior to the year in which their regular terms
of office will expire, there shall be elected a governor, lieutenant gover-
nor, secretary of state, and attorney general, state treasurer and state
commissioner of insurance;
  at each such election there shall be elected such members of the state
board of education as provided by law;
  at each such election, when, in a judicial district in which judges of the
district court are elected, the term of any district judge expires during
the next year, or a vacancy in a district judgeship has been filled by ap-
pointment more than 30 days prior to the election, there shall be elected
a district judge of such judicial district;
  at each such election, when, in a judicial district in which judges of the
district court are elected, the term of any district magistrate judge expires
during the next year, or a vacancy in a district magistrate judgeship has

-been filled by appointment more than 30 days prior to the election, there
shall be elected a district magistrate judge of such judicial district;
  at each alternate election, prior to the year in which the regular term
of office of state senators shall expire, there shall be elected a state senator
in each state senatorial district;
  at each election there shall be elected a representative from each state
representative district;
  at each alternate election there shall be elected, in each county, a
county clerk, county treasurer, register of deeds, county or district attor-
ney, sheriff and such other officers as provided by law;
  at each alternate election, in counties that may by law be entitled to
elect such officer, there shall be elected a county surveyor;
  at each election, when the term of county commissioner in any district
in any county shall expire during the next year, there shall be elected from
such district a county commissioner.
  This section shall apply to the filling of vacancies only so far as is con-
sistent with the provisions of law relating thereto.
  Sec. 2.  K.S.A. 25-101a is hereby amended to read as follows: 25-
101a. On the Tuesday succeeding the first Monday in November in 1978,
and each four (4) years thereafter, there shall be elected a governor and
lieutenant governor running together, a secretary of state, and an attorney
general, a state treasurer and a state commissioner of insurance.
  Sec. 3.  K.S.A. 1996 Supp. 25-213 is hereby amended to read as fol-
lows: 25-213. At all national and state primary elections, the national and
state offices as specified for each in this section shall be printed upon the
official primary election ballot for national and state offices and the county
and township offices as specified for each in this section shall be printed
upon the official primary election ballot for county and township offices.
The official primary election ballots shall have the following heading:
                     OFFICIAL PRIMARY ELECTION BALLOT
                               ____________ Party
  To vote for a person whose name is printed on the ballot make a cross
or check mark in the square at the left of the person's name. To vote for
a person whose name is not printed on the ballot, write the person's name
in the blank space, if any is provided, and make a cross or check mark in
the square to the left.
  The words national and state or the words county and township shall
appear on the line preceding the part of the form shown above.
  The form shown shall be followed by the names of the persons for
whom nomination petitions or declarations have been filed according to
law for political parties having primary elections, and for the national and
state offices in the following order: United States senator, United States
representative from _________ district, governor and lieutenant governor,

-secretary of state, attorney general, state treasurer, commissioner of in-
surance, senator _________ district, representative _________  district, dis-
trict judge _________ district, district magistrate judge _________ district,
district attorney _________ judicial district, and member state board of
education _________ district. For county and township offices the form
shall be followed by the names of persons for whom nomination petitions
or declarations have been filed according to law for political parties having
primary elections in the following order: commissioner _________ district,
county clerk, treasurer, register of deeds, county attorney, sheriff, sur-
veyor, township trustee, township treasurer, township clerk. When any
office is not to be elected, it shall be omitted from the ballot. Other offices
to be elected but not listed, shall be inserted in the proper places. For
each office there shall be a statement of the number to vote for.
  To the left of each name there shall be printed a square. Official pri-
mary election ballots may be printed in one or more columns. The names
certified by the secretary of state or county election officer shall be
printed on official primary election ballots and no others. In case there
are no nomination petitions or declarations on file for any particular of-
fice, the title to the office shall be printed on the ballot followed by a
blank line with a square, and such title, followed by a blank line, may be
printed in the list of candidates published in the official paper. No blank
line shall be printed following any office where there are nomination
petitions or declarations on file for the office except following the offices
of precinct committeeman and precinct committeewoman. Except as oth-
erwise provided in this section, no person's name shall be printed more
than once on either the official primary election ballot for national and
state offices or the official primary election ballot for county and township
offices. No name that is printed on the official primary election ballot as
a candidate of a political party shall be printed or written in as a candidate
for any office on the official primary election ballot of any other political
party. If a person is a candidate for the unexpired term for an office, the
person's name may be printed on the same ballot as a candidate for the
next regular term for such office. The name of any candidate on the ballot
may be printed on the same ballot as such candidate and also as a can-
didate for precinct committeeman or committeewoman. No name that is
printed on the official primary election ballot for national and state offices
shall be printed or written in elsewhere on such ballot or on the official
primary election ballot for county and township offices except for precinct
committeeman or committeewoman. No name that is printed on the of-
ficial primary election ballot for county and township offices shall be
printed or written in on the official primary election ballot for national
and state offices or elsewhere on such county and township ballot except
for precinct committeeman or committeewoman.

  -No person shall be elected to the office of precinct committeeman or
precinct committeewoman where no nomination petitions or declarations
have been filed, unless the person receives at least five write-in votes. As
a result of a primary election, no person shall receive the nomination and
no person's name shall be printed on the official general election ballot
when no nomination petitions or declarations were filed, unless the per-
son receives votes equal in number to not less than 10% of the electors
who voted for the office of secretary of state at the last preceding general
election for such office in the state, county or district in which the office
is sought, except that a candidate for township office may receive the
nomination and have such person's name printed on the ballot where no
nomination petitions or declarations have been filed if such candidate
receives three or more write-in votes. No such person shall be required
to obtain more than 5,000 votes.
  Sec. 4.  K.S.A. 25-4001 is hereby amended to read as follows: 25-
4001. The governor, lieutenant governor, secretary of state, and attorney
general, state treasurer and commissioner of insurance shall be elected
for terms of four (4) years, to begin on the second Monday of January
next after their election, and until their successors are elected and qual-
ified.
  Sec. 5.  On January 11, 1999, K.S.A. 1996 Supp. 40-102 is hereby
amended to read as follows: 40-102. There is hereby established a de-
partment to be known as the insurance department, which shall have a
chief officer entitled the commissioner of insurance who shall receive,
except as otherwise provided in K.S.A. 75-3111a and amendments
thereto, an annual salary of $62,407, and such officer the head of which
shall be the commissioner of insurance. The governor shall appoint the
commissioner of insurance, subject to confirmation by the senate as pro-
vided by K.S.A. 75-4315b, and amendments thereto. The commissioner of
insurance shall serve at the pleasure of the governor and shall receive an
annual salary fixed by the governor. The commissioner of insurance shall
be charged with the administration of all laws relating to insurance, in-
surance companies and fraternal benefit societies doing business in this
state, and all other duties which are or may be imposed upon such officer
by law.
  New Sec. 6.  The elective office of commissioner of insurance created
by K.S.A. 40-102, and amendments thereto, is hereby abolished on Jan-
uary 11, 1999. On January 11, 1999, all the powers, duties and functions
of the existing commissioner of insurance are hereby transferred to and
conferred upon the commissioner of insurance created by section 4 and
amendments thereto.
  New Sec. 7.  (a) On and after January 11, 1999, the commissioner of
insurance appointed pursuant to section 4, and amendments thereto, shall

-be the successor in every way to the powers, duties and functions of the
commissioner of insurance in which the same were vested prior to January
11, 1999. Every act performed in the exercise of such powers, duties and
functions by or under the authority of the commissioner of insurance
appointed pursuant to this act shall be deemed to have the same force
and effect as if performed by the commissioner of insurance in which
such powers, duties and functions were vested prior to January 11, 1999.
  (b)  On and after January 11, 1999, whenever the commissioner of
insurance, or words of like effect, is referred to or designated by a statute,
contract or other document, such reference or designation shall be
deemed to apply to the commissioner of insurance appointed pursuant
to this act.
  (c)  All orders and directives of the commissioner of insurance in ex-
istence on January 11, 1999, shall continue to be effective and shall be
deemed to be orders and directives of the commissioner of insurance
appointed pursuant to this act until revised, amended or nullified pur-
suant to law.
  (d)  On and after January 11, 1999, whenever any statute, contract or
other document concerns the power or authority of the commissioner of
insurance, the commissioner of insurance appointed pursuant to this act
shall succeed to such power or authority.
  New Sec. 8.  On January 11, 1999, the commissioner of insurance
appointed pursuant to this act shall succeed to all property, property
rights and records which were used for or pertain to the performance of
the powers, duties and functions transferred pursuant to this act. Any
conflict as to the proper disposition of property, personnel or records
arising under this act shall be determined by the governor, whose decision
shall be final.
  New Sec. 9.  On January 11, 1999, the balances of all funds appro-
priated or reappropriated to the insurance department for the commis-
sioner of insurance, are hereby transferred to the insurance department
for the commissioner of insurance appointed pursuant to this act.
  Sec. 10.  On January 11, 1999, K.S.A. 75-601 is hereby amended to
read as follows: 75-601. (a) There is hereby established the office of state
treasurer, the chief officer of which shall be the state treasurer. The gov-
ernor shall appoint the state treasurer, subject to confirmation by the
senate as provided by K.S.A. 75-4315b, and amendments thereto. The
state treasurer shall serve at the pleasure of the governor and shall receive
an annual salary fixed by the governor.
  (b)  The state treasurer shall before entering upon the duties of office
take and subscribe the proper official oath, and such official oath shall be
filed and recorded in the office of the secretary of state.
  New Sec. 11.  The elective office of state treasurer is hereby abol-

-ished on January 11, 1999. On January 11, 1999, all the powers, duties
and functions of the existing state treasurer are hereby transferred to and
conferred upon the state treasurer created by section 19 and amendments
thereto.
  New Sec. 12.  (a) On and after January 11, 1999, the state treasurer
appointed pursuant to this act shall be the successor in every way to the
powers, duties and functions of the state treasurer in which the same
were vested prior to January 11, 1999. Every act performed in the exercise
of such powers, duties and functions by or under the authority of the state
treasurer appointed pursuant to this act shall be deemed to have the same
force and effect as if performed by the state treasurer in which such
powers, duties and functions were vested prior to January 11, 1999.
  (b)  On and after January 11, 1999, whenever the state treasurer, or
words of like effect, is referred to or designated by a statute, contract or
other document, such reference or designation shall be deemed to apply
to the state treasurer appointed pursuant to this act.
  (c)  All orders and directives of the state treasurer in existence on
January 11, 1999, shall continue to be effective and shall be deemed to
be orders and directives of the state treasurer appointed pursuant to this
act until revised, amended or nullified pursuant to law.
  (d)  On and after January 11, 1999, whenever any statute, contract or
other document concerns the power or authority of the state treasurer,
the state treasurer appointed pursuant to this act shall succeed to such
power or authority.
  New Sec. 13.  On January 11, 1999, the state treasurer appointed
pursuant to this act shall succeed to all property, property rights and
records which were used for or pertain to the performance of the powers,
duties and functions transferred pursuant to this act. Any conflict as to
the proper disposition of property, personnel or records arising under this
act shall be determined by the governor, whose decision shall be final.
  New Sec. 14.  On January 11, 1999, the balances of all funds appro-
priated or reappropriated for the state treasurer, are hereby transferred
to the state treasurer appointed pursuant to this act.
  Sec. 15.  On January 11, 1999, K.S.A. 1996 Supp. 75-3111a is hereby
amended to read as follows: 75-3111a. Whenever the rates of compen-
sation of the pay plan for persons in the classified service under the Kansas
civil service act are increased for payroll periods chargeable to fiscal years
commencing after June 30, 1996, the annual salary of the governor, the
lieutenant governor, the attorney general, and the secretary of state, the
state treasurer and the commissioner of insurance shall be increased by
an amount, adjusted to the nearest dollar, computed by multiplying the
average of the percentage increases in all monthly steps of such pay plan
by the annual salary of the elected state officer which is being received

-as provided by law and which is in effect prior to the effective date of
such increase in the rates of compensation of the pay plan for persons in
the classified service under the Kansas civil service act.
  New Sec. 16.  When any conflict arises as to the disposition of any
power, function or duty or the unexpended balance of any appropriation
as a result of any abolition, transfer, attachment or change made by or
under authority of this act, such conflict shall be resolved by the governor,
whose decision shall be final.
  New Sec. 17.  (a) No suit, action or other proceeding, judicial or ad-
ministrative, lawfully commenced, or which could have been commenced,
by or against any state agency or program mentioned in this act, or by or
against any officer of the state in such officer's official capacity or in
relation to the discharge of such officer's official duties, shall abate by
reason of this act. The court may allow any such suit, action or other
proceeding to be maintained by or against the successor of any such state
agency or any officer affected.
  (b)  No criminal action commenced or which could have been com-
menced by the state shall abate by the taking effect of this act.
  Sec. 18.  K.S.A. 25-101, 25-101a, 25-101b, 25-4001 and 40-106 and
K.S.A. 1996 Supp. 25-213, and 75-3108 are hereby repealed.
  Sec. 19.  On January 11, 1999, K.S.A. 75-601 and K.S.A. 1996 Supp.
40-102 and 75-3111a are hereby repealed.
  Sec. 20.  This act shall take effect and be in force from and after its
publication in the statute book.