[As Amended by House Committee of the
Whole]
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 463
By Committee on Elections and Local Government
1-20
11 AN
ACT concerning the term of office for certain elected state
officials;
12 amending
K.S.A. 25-101a and
25-101b, 25-101b and
40-106 and re-
13 pealing the
existing sections [AN ACT concerning certain
public
14 officers; relating
to vacancies in such offices; relating to quali-
15 fications thereof;
amending K.S.A. 19-301, 19-501, 19-1201, 25-
16 101a, 25-101b and
40-106 and K.S.A. 1999 Supp. 19-801b and
17 repealing the
existing sections].
18
19 Be it enacted by the Legislature of the
State of Kansas:
20 Section
1. K.S.A. 25-101a is hereby amended to read as follows:
25-
21 101a. (a) On the Tuesday succeeding
the first Monday in November in
22 1978, and each four (4)
years thereafter, there shall be elected a governor
23 and lieutenant governor running together, a
secretary of state, an attorney
24 general, a state treasurer and a state
commissioner of insurance.
25 (b) If a
vacancy occurs in the office of lieutenant governor,
secretary
26 of state, attorney general or
state treasurer, the governor shall appoint
27 some suitable person to serve for the
unexpired term and until a successor
28 is elected and qualified.
29 (c) If a
vacancy occurs in the office of secretary of state or
at-
30 torney general, the governor shall
fill the vacancy by appointment
31 for the remainder of the
term.
32 (d) If a
vacancy occurs in the office of the state treasurer or
the
33 commissioner of insurance, the
governor shall appoint some suita-
34 ble person to serve until the next
general election after such vacancy
35 occurs, when such vacancy shall be
filled by election.
36 [(e) Any
person appointed to fill a vacancy pursuant to this sec-
37 tion shall be a member of the same
policy party of the person such
38 appointee is succeeding.]
39 Sec.
2. K.S.A. 25-101b is hereby amended to read as follows:
25-
40 101b. At the general election held in 1978
and each four (4) years there-
41 after, there shall be elected a treasurer
for the state of Kansas, whose
42 term of office shall be four
(4) years beginning on the second Monday in
2
1 January next succeeding such
treasurer's election. In case of a vacancy in
2 such office, the governor
shall appoint some suitable person to serve for
3 the unexpired term and until
a successor is elected and qualified.
4 Sec.
3. K.S.A. 40-106 is hereby amended to read as follows:
40-
5 106. At the general election
held in 1978 and each four (4)
years
6 thereafter, there shall be
elected a commissioner of insurance for
7 the state of Kansas, whose term
of office shall be four (4)
years
8 beginning on the second Monday
in January next succeeding such
9 commissioner's election. In
case of a vacancy in such office the
gov-
10 ernor shall appoint some suitable
person to serve for the unexpired term
11 and until a successor is elected
and qualified vacancy shall be filled in
12 accordance with the provisions of K.S.A.
25-101a, and amendments
13 thereto.
14 Sec. 3
4. K.S.A.
25-101a and
25-101b, 25-101b and
40-106 are
15 hereby
repealed.
16 [New Sec.
4. (a) Except as provided by subsection (b), no per-
17 son appointed, pursuant to K.S.A.
25-101a, and amendments
18 thereto, to fill a vacancy shall
exercise the powers, duties and func-
19 tions of such office, until such
appointment is approved by the
20 legislature by adoption of a concurrent
resolution.
21 [(b) If a
person is appointed, pursuant to K.S.A. 25-101a, and
22 amendments thereto, to fill a vacancy at
a time when the legisla-
23 ture is not in session, the legislative
coordinating council may au-
24 thorize, by a majority vote thereof, the
person appointed to fill
25 such vacancy to exercise the powers,
duties and functions of the
26 office until such appointment is
approved by the legislature at the
27 next regular or special session of the
legislature.
28 [Prior to
authorizing any person to exercise the powers, duties
29 and functions of an office pursuant to
this section, the legislative
30 coordinating council may require such
person to appear before
31 the council.
32 [Sec.
5. K.S.A. 19-301 is hereby amended to read as follows:
33 19-301. (a) Beginning with
the general election in 1976, a county
34 clerk shall be elected in each county,
for a term of four (4) years.
35 Such county clerk shall,
Before entering upon the duties of the office,
36 the county clerk shall execute
and file with the county treasurer a
37 good and sufficient corporate surety
bond, conditioned on the
38 faithful performance of the duties of
the office. Such bond shall
39 be issued by a company authorized to do
business in Kansas, in an
40 amount to be fixed by the county
treasurer of not less than ten
41 thousand dollars ($10,000)
$10,000.
42
[(b) During the time that any person is a candidate for
nomination
43 or election to the office of county
clerk, and during the term of office, such
3
1 candidate or county clerk shall be
and remain a qualified elector who
2 resides in the county.
3 [Sec.
6. K.S.A. 19-501 is hereby amended to read as follows:
4 19-501. Each county
treasurer elected at the general election in 1976
5 shall serve until the second
Tuesday in October of 1981 and until a suc-
6 cessor is elected and
qualified. (a) At the general election in
1980, and
7 every four (4) years
thereafter, a county treasurer shall be elected
in
8 each county for a term of four
(4) years, commencing on the second
9 Tuesday in October following the
election, and until a successor is
10 elected and qualified. Such
county treasurer shall, Before entering
11 upon the duties,
of the office, the county treasurer shall execute
to
12 the state of Kansas a corporate surety
bond issued by a company
13 authorized to do business in this state
and approved by the board
14 of county commissioners in an amount of
not less than twenty-five
15 thousand dollars ($25,000)
$25,000. Such bond, with the approval of
16 the board endorsed thereon by the clerk,
shall be filed in the office
17 of the county clerk. In the
event If the board of commissioners
shall
18 not be in session in time for any county
treasurer to present such
19 bond for their
approval as above specified, or such county
treasurer
20 shall be unable, for any
reason, or the county treasurer is unable to
pres-
21 ent such bond at any regular meeting of
the board after due notice
22 of such county treasurer's election,
such county treasurer may
23 present such bond to the
chairman chairperson or clerk of the
board
24 for approval, and the approval endorsed
thereon shall have the
25 same effect as if
done approved by the board of county
commis-
26 sioners. In the
event If the amount of the bond is approved by
only
27 the chairman
chairperson or the clerk of the board, it shall not
be
28 less than twice the amount of all moneys
directed by the board to
29 be levied in the county during the
previous year.
30
[(b) During the time that any person is a candidate for
nomination
31 or election to the office of county
treasurer and during the term of office,
32 such candidate or county treasurer shall
be and remain a qualified elector
33 who resides in the county.
34 [Sec.
7. K.S.A. 1999 Supp. 19-801b is hereby amended to read
35 as follows: 19-801b. (a) No person shall
be eligible for nomination,
36 election or appointment to the office of
sheriff unless such person:
37 [(1) Is a
citizen of the United States and a qualified elector of
38 the county;
39 [(2) possesses
a high-school education or its recognized equiv-
40 alent; and
41 [(3) has never
been convicted of or pleaded guilty or entered
42 a plea of nolo contendere
to any felony charge, a misdemeanor crime
43 of domestic violence as defined in
K.S.A. 74-5602, and amend-
4
1 ments thereto, or to
any violation of any federal or state laws or
2 city ordinances relating to
gambling, liquor or narcotics.
3
[(b) In addition to the requirements of subsection (a),
during the time
4 that any person is a candidate for
nomination or election to the office of
5 sheriff and during the term of
office, such candidate or sheriff shall be
6 and remain a qualified elector who
resides in the county.
7
[(b) (c) Every person
elected to the office of sheriff for the first
8 time, or anyone reelected or
appointed to the office after having
9 been out of the office for five
years or more shall be required to
10 attend the law enforcement training
center as established by
11 K.S.A. 74-5601 et seq.,
and amendments thereto, and satisfactorily
12 complete the required training course of
not less than 320 hours,
13 unless such person has satisfactorily
completed such training
14 course within the five years prior to
election or appointment,
15 passes a written competency test and
firearms proficiency quali-
16 fication course developed and
administered by the Kansas law en-
17 forcement training center or unless the
director, as defined in sub-
18 section (d) of K.S.A. 74-5602, and
amendments thereto, waives the
19 requirements of this subsection as
provided in K.S.A. 74-5608a,
20 and amendments thereto. Unless the
requirements are waived, any
21 person elected or appointed to the
office of sheriff who has not
22 attended the law enforcement training
center shall hold office on
23 a provisional basis, and such person
shall attend the next scheduled
24 training program at the law enforcement
training center and sat-
25 isfactorily complete such training
program or the one subsequent
26 to it, or shall forfeit such
office.
27
[(c) (d) Each newly elected
sheriff of each county who is re-
28 quired to attend the law enforcement
training center shall be hired
29 as a deputy sheriff and shall be paid a
salary as deputy sheriff while
30 attending the law enforcement training
center. The tuition, board,
31 room and travel expense for the
sheriff-elect at the law enforce-
32 ment training center shall be paid by
the county.
33 [Sec.
8. K.S.A. 19-1201 is hereby amended to read as
follows:
34 19-1201. (a) Beginning
with the general election in 1976, a register
35 of deeds shall be elected in each county
for a term of four (4) years.
36 Such register of deeds
shall, Before entering upon the duties of the
37 office, the register of deeds
shall execute to the state of Kansas and
38 file with the county clerk, a good and
sufficient corporate surety
39 bond issued by a company authorized to
do business in this state.
40 Such bond shall be in an amount
approved by the county clerk of not
41 and shall not be less than
ten thousand dollars ($10,000) $10,000.
Such
42 bond shall be conditioned on the
faithful performance of the duties
43 of the office and that such register of
deeds will deliver to the
5
1 successor in such office all
property belonging to such office.
2
[(b) During the time that any person is a candidate for
nomination
3 or election to the office of
register of deeds and during the term of office,
4 such candidate or register of
deeds shall be and remain a qualified elector
5 who resides in the county.
6 [Sec.
9. K.S.A. 19-301, 19-501, 19-1201, 25-101a, 25-101b
and
7 40-106 and K.S.A. 1999 Supp.
19-801b are hereby repealed.]
8 Sec.
4 5
[10]. This act shall take effect and be in force from
and after
9 its publication in the statute
book.
10