CHAPTER 59
HOUSE BILL No. 2471
An Act establishing a district attorney's office in Reno
county; amending K.S.A. 22a-107
and 79-5028 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) There is hereby
established the office of district
attorney in the twenty-seventh judicial district.
(b) The person holding the office of
county attorney in Reno county
on the effective date of this act shall become the district
attorney of the
twenty-seventh judicial district and the office of county attorney
in such
judicial district shall be and is hereby abolished on such date.
Commenc-
ing with the general election in 2000, and at the general election
every
four years thereafter, a district attorney shall be elected in the
judicial
district for a four-year term, commencing on the second Monday in
Jan-
uary next following the election.
(c) The district attorney authorized by
this section is hereby declared
to be an executive officer of the judicial district in which such
attorney is
elected, with the office constituting a separate entity within the
district
for administrative purposes. In no event shall the district
attorney be
deemed an officer of any county.
(d) Before entering upon the duties of
the office, the district attorney
shall take the oath of office required by law for public officers
and shall
execute a good and sufficient surety bond in the manner prescribed
by
K.S.A. 75-4101 et seq., and amendments thereto.
(e) The provisions of K.S.A. 22a-102,
22a-103, 22a-104, 22a-105, 22a-
106 and 22a-107, and amendments thereto, shall be applicable to
the
office of district attorney established by this section.
Sec. 2. K.S.A. 22a-107 is hereby
amended to read as follows: 22a-
107. Whenever in any of the statutes of this state the term
``county at-
torney'' is used, it shall be construed to include district
attorneys provided
for by K.S.A. 22a-101 and, 22a-108 and
section 1, and amendments
thereto, unless the context otherwise requires.
Sec. 3. K.S.A. 79-5028 is hereby
amended to read as follows: 79-
5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and
amend-
ments thereto, shall not apply to or limit the levy of taxes for
the payment
of:
(a) Principal and interest upon state
infrastructure loans, bonds, tem-
porary notes, no-fund warrants and payments made to a public
building
commission;
(b) judgments, settlements and expenses
for protection against lia-
bility to the extent such expenses are authorized by article 61 of
chapter
75 of the Kansas Statutes Annotated and amendments thereto;
(c) employer contributions for social
security, workers compensation,
unemployment insurance, health care costs, employee benefit plans,
and
employee retirement and pension programs;
(d) expenses incurred by counties for
district court operations under
the provisions of K.S.A. 20-348 or 20-349, and amendments thereto,
and
expenses incurred by counties for the detention of juveniles;
(e) expenses incurred by counties for
payment of out-district tuition
to community colleges pursuant to K.S.A. 71-301, and amendments
thereto, and expenses incurred by counties and townships for
payment
of out-district tuition to municipal universities pursuant to
K.S.A. 13-
13a26, and amendments thereto;
(f) expenses incurred for the first time
on and after January 1, 1996,
by cities in effectuating programs specifically enacted and
administered
for the purpose of preventing juvenile delinquency and crime;
(g) expenses incurred by any taxing
subdivision for rebates to owners
of property in connection with a neighborhood revitalization
program
instituted in accordance with K.S.A. 1997
1998 Supp. 12-17,114 et seq.,
and amendments thereto; or
(h) expenses incurred by any taxing
subdivision necessary to interface
with the state criminal justice information
system.; or
(i) expenses incurred in the operation
of the office established by sec-
tion 1, and amendments thereto.
The provisions of K.S.A. 79-5021 to 79-5036,
inclusive, and amend-
ments thereto, do not apply to the tax levies authorized or
required under
K.S.A. 19-4004, 19-4011, 65-212 and 65-215 and amendments
thereto.
Amounts produced from any taxes levied for
purposes specified in this
section shall not be used in computing any aggregate limitation
under the
provisions of this act. In addition, amounts needed to be produced
from
the levy of taxes by a taxing subdivision to replace the difference
between
the amount of revenue estimated to be received by such taxing
subdivision
pursuant to K.S.A. 79-5101 et seq., and amendments thereto,
in 1990,
and the amount of such revenue estimated to be received by such
taxing
subdivision in each year thereafter shall not be used in computing
any
aggregate limitation under the provisions of this act. On or before
June
1 of each year, information necessary to make such computation
shall be
provided to each taxing subdivision by the appropriate county
treasurer.
Sec. 4. K.S.A. 22a-107 and 79-5028 are hereby
repealed.
Sec. 5. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 3, 1999.
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