Session of 1999
HOUSE BILL No. 2241
By Representative Minor
2-3
9 AN ACT concerning certain county officers; relating to qualifications
10 thereof; amending K.S.A. 19-301, 19-501 and 19-1201 and K.S.A. 1998
11 Supp. 19-801b and repealing the existing sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 19-301 is hereby amended to read as follows: 19-
15 301. (a) Beginning with the general election in 1976, a county clerk shall
16 be elected in each county, for a term of four (4) years. Such county clerk
17 shall, Before entering upon the duties of the office, the county clerk shall
18 execute and file with the county treasurer a good and sufficient corporate
19 surety bond, conditioned on the faithful performance of the duties of the
20 office. Such bond shall be issued by a company authorized to do business
21 in Kansas, in an amount to be fixed by the county treasurer of not less
22 than ten thousand dollars ($10,000) $10,000.
23 (b) During the time that any person is a candidate for nomination or
24 election to the office of county clerk, and during the term of office, such
25 candidate or county clerk shall be and remain a qualified elector who
26 resides in the county.
27 Sec. 2. K.S.A. 19-501 is hereby amended to read as follows: 19-501.
28 Each county treasurer elected at the general election in 1976 shall serve
29 until the second Tuesday in October of 1981 and until a successor is
30 elected and qualified. (a) At the general election in 1980, and every four
31 (4) years thereafter, a county treasurer shall be elected in each county for
32 a term of four (4) years, commencing on the second Tuesday in October
33 following the election, and until a successor is elected and qualified. Such
34 county treasurer shall, Before entering upon the duties, of the office, the
35 county treasurer shall execute to the state of Kansas a corporate surety
36 bond issued by a company authorized to do business in this state and
37 approved by the board of county commissioners in an amount of not less
38 than twenty-five thousand dollars ($25,000) $25,000. Such bond, with the
39 approval of the board endorsed thereon by the clerk, shall be filed in the
40 office of the county clerk. In the event If the board of commissioners
41 shall not be in session in time for any county treasurer to present such
42 bond for their approval as above specified, or such county treasurer shall
43 be unable, for any reason, or the county treasurer is unable to present
44 such bond at any regular meeting of the board after due notice of such
45 county treasurer's election, such county treasurer may present such bond
46 to the chairman chairperson or clerk of the board for approval, and the
47 approval endorsed thereon shall have the same effect as if done approved
48 by the board of county commissioners. In the event If the amount of the
49 bond is approved by only the chairman chairperson or the clerk of the
50 board, it shall not be less than twice the amount of all moneys directed
51 by the board to be levied in the county during the previous year.
52 (b) During the time that any person is a candidate for nomination or
53 election to the office of county treasurer and during the term of office,
54 such candidate or county treasurer shall be and remain a qualified elector
55 who resides in the county.
56 Sec. 3. K.S.A. 1998 Supp. 19-801b is hereby amended to read as
57 follows: 19-801b. (a) No person shall be eligible for nomination, election
58 or appointment to the office of sheriff unless such person:
59 (1) Is a citizen of the United States and a qualified elector of the
60 county;
61 (2) possesses a high-school education or its recognized equivalent;
62 and
63 (3) has never been convicted of or pleaded guilty or entered a plea
64 of nolo contendere to any felony charge, a misdemeanor crime of domestic
65 violence as defined in K.S.A. 74-5602, and amendments thereto, or to
66 any violation of any federal or state laws or city ordinances relating to
67 gambling, liquor or narcotics.
68 (b) In addition to the requirements of subsection (a), during the time
69 that any person is a candidate for nomination or election to the office of
70 sheriff and during the term of office, such candidate or sheriff shall be
71 and remain a qualified elector who resides in the county.
72 (b) (c) Every person elected to the office of sheriff for the first time,
73 or anyone reelected or appointed to the office after having been out of
74 the office for five years or more shall be required to attend the law en-
75 forcement training center as established by K.S.A. 74-5601 et seq., and
76 amendments thereto, and satisfactorily complete the required training
77 course of not less than 320 hours, unless such person has satisfactorily
78 completed such training course within the five years prior to election or
79 appointment, passes a written competency test and firearms proficiency
80 qualification course developed and administered by the Kansas law en-
81 forcement training center or unless the director, as defined in subsection
82 (d) of K.S.A. 74-5602, and amendments thereto, waives the requirements
83 of this subsection as provided in K.S.A. 74-5608a, and amendments
84 thereto. Unless the requirements are waived, any person elected or ap-
85 pointed to the office of sheriff who has not attended the law enforcement
86 training center shall hold office on a provisional basis, and such person
87 shall attend the next scheduled training program at the law enforcement
88 training center and satisfactorily complete such training program or the
89 one subsequent to it, or shall forfeit such office.
90 (c) (d) Each newly elected sheriff of each county who is required to
91 attend the law enforcement training center shall be hired as a deputy
92 sheriff and shall be paid a salary as deputy sheriff while attending the law
93 enforcement training center. The tuition, board, room and travel expense
94 for the sheriff-elect at the law enforcement training center shall be paid
95 by the county.
96 Sec. 4. K.S.A. 19-1201 is hereby amended to read as follows: 19-
97 1201. (a) Beginning with the general election in 1976, a register of deeds
98 shall be elected in each county for a term of four (4) years. Such register
99 of deeds shall, Before entering upon the duties of the office, the register
100 of deeds shall execute to the state of Kansas and file with the county clerk,
101 a good and sufficient corporate surety bond issued by a company author-
102 ized to do business in this state. Such bond shall be in an amount approved
103 by the county clerk of not and shall not be less than ten thousand dollars
104 ($10,000) $10,000. Such bond shall be conditioned on the faithful per-
105 formance of the duties of the office and that such register of deeds will
106 deliver to the successor in such office all property belonging to such
107 office.
108 (b) During the time that any person is a candidate for nomination or
109 election to the office of register of deeds and during the term of office,
110 such candidate or register of deeds shall be and remain a qualified elector
111 who resides in the county.
112 Sec. 5. K.S.A. 19-301, 19-501 and 19-1201 and K.S.A. 1998 Supp.
113 19-801b are hereby repealed.
114 Sec. 6. This act shall take effect and be in force from and after its
115 publication in the statute book.