SB 368--
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Session of 1997
SENATE BILL No. 368
By Committee on Federal and State Affairs
2-17
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9 AN ACT concerning the Riley county law enforcement agency; relating
10 to membership therein and the financing thereof; amending K.S.A.
11 19-4427 and 19-4443 and repealing the existing sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 19-4427 is hereby amended to read as follows: 19-
15 4427. (a) Subject to the provisions of subsection (b), there is hereby es-
16 tablished in all counties adopting the provisions of this act a county law
17 enforcement agency which shall be known as the ``__________________________________________________________________
18 (name of
county)
19 county law enforcement agency.''
20 (1) Except as provided in paragraph (2), each agency shall have seven
21 members who shall be selected in the following manner:
22 (A) One member shall be a member of the board of county commis-
23 sioners of the county, selected by such board of commissioners;
24 (B) one member shall be a resident of the county, to be selected by
25 the board of county commissioners;
26 (C) one member shall be a member of the governing body of the
27 largest city located within the county, selected by such governing body;
28 (D) two members shall be residents of the largest city located within
29 the county, to be selected by the governing body of such city;
30 (E) one member shall be the mayor of the next largest city located
31 within such county, or a member of the governing body of such city,
32 designated by such mayor; and
33 (F) one member shall be the county attorney of such county.
34 (2) The Riley county law enforcement agency shall have seven mem-
35 bers who shall be selected in the following manner:
36 (A) One member shall be a member of the board of county commis-
37 sioners of the county, selected by such board of commissioners;
38 (B) one member shall be a resident of the county, to be selected by
39 the board of county commissioners;
40 (C) one member shall be a member of the governing body of the city
41 of Manhattan, to be selected by such governing body;
42 (D) two members shall be residents of the city of Manhattan, to be
43 selected by the governing body of such city;
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1 (E) one member shall be the county attorney of such county; and
2 (F) one member appointed, on alternating terms, by the governing
3 body of the city of Manhattan and the board of county commissioners of
4 Riley county which member shall be a member of the governing body of
5 the appointing authority.
6 The board of county commissioners of the county and the governing
7 body of the two largest cities located within such county shall each meet
8 on the second Monday in January next following the adoption of the
9 provisions of this act and each two years thereafter and shall select and
10 designate the members of their respective bodies and the other appoint-
11 ive members as members of the agency. Appointive members of the
12 agency shall serve for a term of two years, and other members of the
13 agency who are members by virtue of their county or city office shall
14 remain eligible to serve as such only while holding such county or city
15 office. All members of such agency shall take and subscribe to an oath as
16 other county officials, and all vacancies occurring in the membership of
17 the agency shall be filled for the remainder of the unexpired term of the
18 member creating such vacancy in like manner as that provided for the
19 appointment of such member. Members of the agency shall not receive
20 compensation, but shall be reimbursed for their actual and necessary
21 expenses incurred in the performance of their official duties.
22 (b) Whenever there shall be presented to the county election officer
23 of any such county a petition, signed by qualified electors of such county
24 equal in number to not less than 10% of the electors of the county who
25 voted for the office of secretary of state at the last preceding general
26 election, requesting a special election on the proposition of electing the
27 members of the law enforcement agency of such county to be held at the
28 time of the next primary election in August of an even-numbered year,
29 such special election shall be held at the next such primary election which
30 occurs not less than 60 days after the date the petition is filed, and the
31 question submitted at such special election shall be as follows:
32 ``Shall the law enforcement agency of ___________________________________________________ be composed of seven
33 (Name of county)
34 elected members?''
35 If a majority of the electors voting at such election vote in favor of such
36 proposition, such county's law enforcement agency shall be elected at a
37 special election which shall be held at the time of the next succeeding
38 general election as follows: One member shall be elected from each of
39 the county commissioner districts in such county and the remaining mem-
40 bers shall be elected from the county at large, together with that portion
41 of any city within the county which is located in an adjacent county. Any
42 person seeking election to any such position shall file a declaration of
43 candidacy for the appropriate position with the county election officer
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1 within 30 days after the special election at which the proposition for elect-
2 ing members of the county law enforcement agency is adopted. The
3 county election officer shall give notice of the special election to elect
4 members of the agency by publication once in a newspaper having general
5 circulation within the county. Such publication notice shall be made not
6 more than 14 nor less than seven days prior to the date of the special
7 election. If a portion of any city within such county is located in an ad-
8 jacent county, the county election officer also shall give written notice of
9 such special election to the county election officer of such adjacent county
10 as soon as the results of the special election on the proposition to elect
11 members of the agency are known.
12 Ballots for the special election to elect members of the agency shall be
13 prepared by the county election officer of the county to which this act
14 applies, including ballots for that portion of any city within such county
15 which is located in an adjacent county which ballots for the portion of
16 such city shall include only the names of the persons having declared
17 themselves to be candidates for the at large positions. All ballots for the
18 at large positions shall be prepared in such manner that each elector is
19 instructed to vote for the same number of candidates as the number of
20 positions to be filled. So far as the same may be made applicable, the laws
21 governing the election of county commissioners shall govern the election
22 of such members to be elected within county commissioner districts, and
23 the laws governing the election of other county officers shall govern the
24 election of the members from the county at large, except that the election
25 of members of the law enforcement agency shall be nonpartisan and in
26 each instance the candidate receiving the greatest number of votes shall
27 be elected. Where electors of an adjacent county residing in a city which
28 is partly in such adjacent county and partly in a county to which this act
29 applies are to vote on candidates for the at large positions, the county
30 election officer of such adjacent county shall conduct the election and the
31 board of canvassers of such adjacent county shall canvass the ballots cast
32 at such special election by electors of such adjacent county who reside in
33 such city. The board of canvassers of such adjacent county shall certify
34 the results of the special election in the adjacent county to the board of
35 canvassers of the county to which this act applies.
36 On the second Monday in January next following such general election,
37 the member positions of the law enforcement agency established pur-
38 suant to subsection (a) shall be abolished and the members elected pur-
39 suant to this subsection shall commence upon the duties of their office.
40 Members elected hereunder shall serve for terms of two years and, except
41 for the provisions relating to selection of members, the provisions of sub-
42 section (a) shall be applicable to such members.
43 Sec. 2. K.S.A. 19-4443 is hereby amended to read as follows: 19-
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1 4443. (a) Subject to the provisions of subsection (c) and (d), any county
2 adopting the provisions of this act and each incorporated city within such
3 county shall share in the cost, exclusive of medical expenses of prisoners,
4 of operating the law enforcement agency and department in the same
5 proportion as the budget of each such political subdivision for the oper-
6 ation of the sheriff's department or the police department, as the case
7 may be, in the fiscal year in which this act is adopted bears to the total
8 of all such budgets in said fiscal year.
9 (b) On or before the first Monday in July of each year the agency
10 shall prepare and submit to the board of county commissioners of the
11 county and to the governing body of each incorporated city within such
12 county a budget of expenditures for the operation of such agency and the
13 department for the next budget year, itemizing the expenses and amounts
14 and the purpose, and shall certify the proportionate liability of each such
15 political subdivision therefor. An amount not to exceed 15% of any annual
16 budget for the Riley county law enforcement agency and department may
17 be allocated to a special accruing emergency reserve fund. In making the
18 budget, any amounts credited to, and the amounts on hand in, such re-
19 serve fund and the amounts expended therefrom shall be shown for the
20 information of the taxpayers of Riley county. Not less than 10 days prior
21 to submitting such budget, the agency shall hold a hearing thereon in
22 accordance with the provisions of K.S.A. 79-2929, and amendments
23 thereto. The annual budget of expenditures of the agency shall not exceed
24 110% of the annual budget of expenditures for the preceding fiscal year
25 except that all expenditures incurred by the agency or department for
26 motor fuels, lubricants and other transportation-related products shall be
27 exempt from the budgetary limitation to the extent that the cost of such
28 expenditures exceeds 110% of the preceding fiscal year's budget for the
29 same such expenditures. The board of county commissioners of said
30 county shall levy a tax upon all assessed taxable tangible property of such
31 county sufficient to raise the amount of the budget for which said county
32 is liable and to pay a portion of the principal and interest on bonds issued
33 under the authority of K.S.A. 12-1774, and amendments thereto, by cities
34 located in the county, and the governing body of each of the cities shall
35 levy a tax upon all assessed taxable tangible property of such city sufficient
36 to raise the amount of the budget for which the city is liable and to pay
37 a portion of the principal and interest on bonds issued by such city under
38 the authority of K.S.A. 12-1774, and amendments thereto. The moneys
39 derived from all levies, except for amounts to pay a portion of the principal
40 and interest on bonds issued under the authority of K.S.A. 12-1774, and
41 amendments thereto, by cities located in the county, made hereunder
42 shall be deposited in the county treasury and credited to a separate fund
43 to be expended for the operation of the county law enforcement agency
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1 and department.
2 (c) In any county where only two cities and the county levy a tax as
3 provided in subsection (b) and one such city is a city of the first class and
4 the other city is a city of the third class, each such city and the county
5 shall levy a tax for the costs of the law enforcement agency and depart-
6 ment commencing with the levy for 1979, in an amount computed as
7 follows:
8 (1) When the budget for the law enforcement agency and department
9 is established for the next year, the levy for the city of the first class shall
10 be computed in accordance with subsection (a);
11 (2) the levy for the city of the third class then shall be fixed at a rate
12 higher or lower than its previous mill levy for such purpose, by an amount
13 equal to the net increase or decrease in the mill levy rate that the levy of
14 the city of the first class bears to that of its levy for the previous year;
15 (3) the county then shall levy a tax at a mill rate sufficient to pay the
16 remaining portion of the budget of the law enforcement agency and de-
17 partment.
18 (d) When the budget for the Riley county law enforcement agency
19 and department is established for 1998, the city of Manhattan shall levy
20 a tax at a mill rate sufficient to fund 80% of the budget of the law en-
21 forcement agency and department and the county shall levy a tax at a mill
22 rate sufficient to fund 20% of the budget of the law enforcement agency
23 and department. Thereafter, the governing body of the city of Manhattan
24 and the board of county commissioners of Riley county shall determine
25 annually, by adoption of a joint resolution, the portion which the city and
26 county shall pay to fund the budget of the law enforcement agency and
27 department. If a joint resolution is not adopted by the second Monday in
28 June each year, the funding formula adopted the previous year shall con-
29 tinue in effect.
30 Sec. 3. K.S.A. 19-4427 and 19-4443 are hereby repealed.
31 Sec. 4. This act shall take effect and be in force from and after its
32 publication in the Kansas register.