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14  AN ACT concerning criminal procedure [cigarettes and tobacco prod-
15    ucts]; relating to cigarette or tobacco infractions; [concerning certain
16    records of sales;] amending K.S.A. 1996 Supp. 12-4214, 12-4305,
17    21-3105, 21-4503a, 22-3404, 22-3409, 22-3412 and 22-3609a[, 22-
18    3609a and, 79-3316], 79-3322 and 79-3393 and repealing the ex-
19    isting sections.
20
21  Be it enacted by the Legislature of the State of Kansas:
22    Section 1.  K.S.A. 1996 Supp. 12-4214 is hereby amended to
23  read as follows: 12-4214. (a) Except as provided further, when a per-
24  son is charged with an ordinance traffic infraction or an ordinance
25  cigarette or tobacco infraction, the notice to appear shall provide
26  a place where the person may make a written entry of appearance,
27  waive the right to a trial and plead guilty or no contest. The notice
28  to appear shall provide a space in which the law enforcement of-
29  ficer, except as provided in subsection (b), shall enter the appro-
30  priate fine specified in the fine schedule established by the mu-
31  nicipal judge in accordance with K.S.A. 12-4305 and amendments
32  thereto, in the case of a traffic infraction, or a fine of $25 as estab-
33  lished in subsection (d), in the case of an ordinance cigarette or to-
34  bacco infraction. Either the notice to appear or a separate form
35  provided to the person by the law enforcement officer shall pro-
36  vide an explanation: (1) Of the person's right to appear and right
37  to trial and the person's right to pay the appropriate fine prior to
38  the appearance date; (2) that failure to either pay such fine or
39  appear at the specified time may result in issuance of a warrant
40  for the person's arrest; and (3) in the case of a traffic infraction,
41  that failure to either pay such fine or appear at the specified time
42  may result in the suspension of the person's driver's license. The
43  law enforcement officer shall provide the person with the tele-
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 1  phone number and address of the municipal court to which the
 2  written entry of appearance, waiver of trial, plea of guilty or no
 3  contest and payment of fine shall be mailed.
 4    (b)  In lieu of the law enforcement officer entering the appro-
 5  priate fine for an ordinance traffic infraction, the officer may di-
 6  rect the person charged with an ordinance traffic infraction to con-
 7  tact the clerk of the municipal court to determine the applicable
 8  fine or provide the person with a copy of the fine schedule estab-
 9  lished by the municipal judge in accordance with K.S.A. 12-4305
10  and amendments thereto.
11    (c)  When a person is charged with an ordinance cigarette or tobacco
12  infraction, the judge may require the juvenile to appear in court with a
13  parent or legal guardian.
14    (d)  The fine for an ordinance cigarette or tobacco infraction shall be
15  $25 for a first conviction, $50 for a second conviction, and $150 for a
16  third or subsequent conviction. In addition, the judge may require the
17  juvenile to complete, at the juvenile's own expense, an educational pro-
18  gram, which shall consist of a minimum of two hours, focusing on the
19  dangers associated with the use of cigarettes or tobacco products.
20    (c) (e)  This section shall be a part of and supplemental to the
21  provisions of article 42 of chapter 12 of the Kansas Statutes An-
22  notated and acts amendatory thereof or supplemental thereto.
23    Sec. 2.  K.S.A. 1996 Supp. 12-4305 is hereby amended to read
24  as follows: 12-4305. (a) The municipal judge shall establish a sched-
25  ule of fines which shall be imposed for municipal ordinance vio-
26  lations that are classified as ordinance traffic infractions. Also, the
27  municipal judge may establish a schedule of fines which shall be
28  imposed for the violation of certain other ordinances. Any fine so
29  established shall be within the minimum and maximum allowable
30  fines established by ordinance for such offenses by the governing
31  body. The following traffic violations are specifically excluded
32  from any schedule of fines:
33    (1)  Reckless driving;
34    (2)  driving while under the influence of alcohol or drugs, or
35  both, or driving with a blood or breath alcohol concentration of
36  .08 or more;
37    (3)  driving without a valid license issued or on a canceled, sus-
38  pended or revoked license;
39    (4)  fleeing or attempting to elude a police officer; or
40    (5)  offense comparable to those prescribed by K.S.A. 8-1602,
41  8-1603 and 8-1604 and amendments thereto.
42    (b)  A person charged with the violation of an ordinance con-
43  tained in a schedule of fines established under subsection (a) shall,
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 1  except as provided in subsection (c), appear at the place and time
 2  specified in the notice to appear. If the person enters an appear-
 3  ance, waives right to trial, pleads guilty or no contest, the fine shall
 4  be no greater than that specified in the schedule.
 5    (c)  Except as provided in subsection (c) of K.S.A. 12-4214, and
 6  amendments thereto, prior to the time specified in the notice to ap-
 7  pear, a person charged with an ordinance cigarette or tobacco in-
 8  fraction or a violation of an ordinance contained in a schedule of
 9  fines established under subsection (a) may enter an appearance,
10  waive right to trial, plead guilty or no contest and pay the fine for
11  the violation as specified in the schedule or in subsection (a) (d) of
12  K.S.A. 12-4214 and amendments thereto. At the election of the
13  person charged, such appearance, waiver, plea and payment may
14  be made by mail or in person and payment may be by personal
15  check. The complaint shall not have been complied with if a check
16  is not honored for any reason, or the fine is not paid in full prior
17  to the time specified in the notice to appear. When a person
18  charged with an ordinance cigarette or tobacco infraction or an
19  ordinance traffic infraction or other ordinance violation on a
20  schedule of fines makes payment without executing a written
21  waiver of right to trial and plea of guilty or no contest, the payment
22  shall be deemed such an appearance, waiver of right to trial and
23  plea of no contest.
24    The municipal judge may authorize the clerk of the municipal
25  court or some other person to accept by mail or in person such
26  voluntary appearance, plea of guilty or no contest and payment of
27  the fine imposed by the schedule or by subsection (a) (d) of K.S.A.
28  12-4214 and amendments thereto.
29    The schedule of fines and persons authorized to accept such
30  pleas shall be conspicuously displayed in the office where such
31  voluntary appearance, plea of guilty and payment of fine occurs.
32    Sec. 1 3.  K.S.A. 1996 Supp. 21-3105 is hereby amended to read as
33  follows: 21-3105. A crime is an act or omission defined by law and for
34  which, upon conviction, a sentence of death, imprisonment or fine, or
35  both imprisonment and fine, is authorized or, in the case of a traffic
36  infraction  or a cigarette or tobacco infraction, a fine is authorized. Crimes
37  are classified as felonies, misdemeanors and, traffic infractions and cig-
38  arette or tobacco infractions.
39    (1)  A felony is a crime punishable by death or by imprisonment in
40  any state correctional institution or a crime which is defined as a felony
41  by law.
42    (2)  A traffic infraction is a violation of any of the statutory provisions
43  listed in subsection (c) of K.S.A. 8-2118 and amendments thereto.
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 1    (3)  A cigarette or tobacco infraction is a violation of subsection (m)
 2  or (n) of K.S.A. 79-3321 and amendments thereto.
 3    (4)  All other crimes are misdemeanors.
 4    Section 2 4.  K.S.A. 1996 Supp. 22-3404 is hereby amended to read
 5  as follows: 22-3404. (1) The trial of misdemeanor, cigarette or tobacco
 6  infraction and traffic infraction offense cases shall be to the court unless
 7  a jury trial is requested in writing by the defendant not later than seven
 8  days after first notice of trial assignment is given to the defendant or such
 9  defendant's counsel. The time requirement provided in this subsection
10  regarding when a jury trial shall be requested may be waived in the dis-
11  cretion of the court upon a finding that imposing such time requirement
12  would cause undue hardship or prejudice to the defendant.
13    (2)  A jury in a misdemeanor, cigarette or tobacco infraction or traffic
14  infraction offense case shall consist of six members.
15    (3)  Trials in the municipal court of a city shall be to the court.
16    (4)  Except as otherwise provided by law, the rules and procedures
17  applicable to jury trials in felony cases shall apply to jury trials in misde-
18  meanor, cigarette or tobacco infraction and traffic infraction offense cases.
19    (5)  The trial of cigarette or tobacco infraction or traffic infraction
20  cases shall be to the court.
21    Sec. 5.  K.S.A. 1996 Supp. 21-4503a is hereby amended to read
22  as follows: 21-4503a. (a) A person who has been convicted of a
23  felony may, in addition to the sentence authorized by law, be or-
24  dered to pay a fine which shall be fixed by the court as follows:
25    (1)  For any off-grid felony crime or any felony ranked in se-
26  verity level 1 of the drug grid as provided in K.S.A. 21-4705 and
27  amendments thereto, a sum not exceeding $500,000.
28    (2)  For any felony ranked in severity levels 1 through 5 of the
29  nondrug grid as provided in K.S.A. 21-4704 and amendments
30  thereto or in severity levels 2 or 3 of the drug grid as provided in
31  K.S.A. 21-4705 and amendments thereto, a sum not exceeding
32  $300,000.
33    (3)  For any felony ranked in severity levels 6 through 10 of the
34  nondrug grid as provided in K.S.A. 21-4704 and amendments
35  thereto or in severity level 4 of the drug grid as provided in K.S.A.
36  21-4705 and amendments thereto, a sum not exceeding $100,000.
37    (b)  A person who has been convicted of a misdemeanor, in ad-
38  dition to or instead of the imprisonment authorized by law, may
39  be sentenced to pay a fine which shall be fixed by the court as
40  follows:
41    (1)  For a class A misdemeanor, a sum not exceeding $2,500.
42    (2)  For a class B misdemeanor, a sum not exceeding $1,000.
43    (3)  For a class C misdemeanor, a sum not exceeding $500.
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 1    (4)  For an unclassified misdemeanor, any sum authorized by
 2  the statute that defines the crime. If no penalty is provided in such
 3  law, the fine shall not exceed the fine provided herein for a class
 4  C misdemeanor.
 5    (c)  As an alternative to any of the above fines, the fine imposed
 6  may be fixed at any greater sum not exceeding double the pecu-
 7  niary gain derived from the crime by the offender.
 8    (d)  A person who has been convicted of a traffic infraction may
 9  be sentenced to pay a fine which shall be fixed by the court, not
10  exceeding $500.
11    (e)  A person who has been convicted of a cigarette or tobacco
12  infraction shall be sentenced to pay a fine of $25 for a first convic-
13  tion, $50 for a second conviction and $150 for a third or subsequent
14  conviction.
15    (f)  The provisions of this section shall apply to crimes commit-
16  ted on or after July 1, 1993.
17    Sec. 3 6.  K.S.A. 1996 Supp. 22-3409 is hereby amended to read as
18  follows: 22-3409. When a jury trial is demanded, as provided by law, for
19  traffic infraction, cigarette or tobacco infraction offense or misdemeanor
20  cases, the judge shall summon not less than 12 prospective jurors from
21  the source and in the manner provided for the summoning of other petit
22  jurors in the district court in the county.
23    Sec. 4 7.  K.S.A. 1996 Supp. 22-3412 is hereby amended to read as
24  follows: 22-3412. (a) (1) For crimes committed before July 1, 1993, per-
25  emptory challenges shall be allowed as follows:
26    (A)  Each defendant charged with a class A felony shall be allowed 12
27  peremptory challenges.
28    (B)  Each defendant charged with a class B felony shall be allowed
29  eight peremptory challenges.
30    (C)  Each defendant charged with a felony other than class A or class
31  B felony shall be allowed six peremptory challenges.
32    (D)  Each defendant charged with a misdemeanor, cigarette or to-
33  bacco infraction or traffic infraction offense shall be allowed three per-
34  emptory challenges.
35    (E)  Additional peremptory challenges shall not be allowed on account
36  of separate counts charged in the complaint, information or indictment.
37    (F)  The prosecution shall be allowed the same number of peremptory
38  challenges as all the defendants.
39    (2)  For crimes committed on or after July 1, 1993, peremptory chal-
40  lenges shall be allowed as follows:
41    (A)  Each defendant charged with an off-grid felony or a nondrug or
42  drug felony ranked at severity level 1 shall be allowed 12 peremptory
43  challenges.
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 1    (B)  Each defendant charged with a nondrug felony ranked at severity
 2  level 2, 3, 4, 5 or 6, or a drug felony ranked at severity level 2 or 3, shall
 3  be allowed 8 peremptory challenges.
 4    (C)  Each defendant charged with an unclassified felony, a nondrug
 5  severity level 7, 8, 9 or 10, or a drug severity level 4 felony shall be allowed
 6  six peremptory challenges.
 7    (D)  Each defendant charged with a misdemeanor or traffic offense
 8  shall be allowed three peremptory challenges.
 9    (E)  The prosecution shall be allowed the same number of peremp-
10  tory challenges as all defendants.
11    (F)  The most serious penalty offense charged against each defendant
12  furnishes the criterion for determining the allowed number of peremp-
13  tory challenges for that defendant.
14    (G)  Additional peremptory challenges shall not be allowed when sep-
15  arate counts are charged in the complaint, information or indictment.
16    (H)  Except as otherwise provided in this subsection, the provisions
17  of this section shall apply. In applying the provisions of this section, the
18  trial court may determine the number of peremptory challenges to allow
19  by reviewing the classification for the crime charged, or nearest compa-
20  rable felony, as it was classified under the criminal law in effect prior to
21  July 1, 1993. If the severity level of the most serious crime charged raises
22  the potential penalty above that of another crime which was classified
23  higher under the criminal law in effect prior to July 1, 1993, the defendant
24  shall be allowed the number of peremptory challenges as for that higher
25  classified crime under the prior system.
26    (I)  The trial court shall resolve any conflicts with a liberal construc-
27  tion in favor of allowing the greater number of peremptory challenges.
28    (b)  After the parties have interposed all of their challenges to jurors,
29  or have waived further challenges, the jury shall be sworn to try the case.
30    (c)  Immediately after the jury is empaneled and sworn, a trial judge
31  may empanel one or more alternate or additional jurors whenever, in the
32  judge's discretion, the judge believes it advisable to have such jurors avail-
33  able to replace jurors who, prior to the time the jury retires to consider
34  its verdict, become or are found to be unable to perform their duties.
35  Such jurors shall be selected in the same manner, have the same quali-
36  fications, and be subject to the same examination and challenges and take
37  the same oath and have the same functions, powers and privileges as the
38  regular jurors. Each party shall be entitled to one peremptory challenge
39  to such alternate jurors. Such alternate jurors shall be seated near the
40  other jurors, with equal power and facilities for seeing and hearing the
41  proceedings in the case, and they must attend at all times upon the trial
42  of the cause in company with the other jurors. They shall obey the orders
43  of and be bound by the admonition of the court upon each adjournment,
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 1  but if the regular jurors are ordered to be kept in custody during the trial
 2  of the cause, such alternate jurors also shall be kept in confinement with
 3  the other jurors. Upon final submission of the case to the jury, the alter-
 4  nate jurors may be discharged or they may be retained separately and not
 5  discharged until the final decision of the jury. If the alternate jurors are
 6  not discharged on final submission of the case and if any regular juror
 7  shall be discharged from jury service in any such action prior to the jury
 8  reaching its verdict, the court shall draw the name of an alternate juror
 9  who shall replace the juror so discharged and be subject to the same rules
10  and regulations as though such juror had been selected as one of the
11  original jurors.
12    Sec. 5 8.  K.S.A. 1996 Supp. 22-3609a is hereby amended to read as
13  follows: 22-3609a. (1) A defendant shall have the right to appeal from any
14  judgment of a district magistrate judge. The administrative judge shall be
15  responsible for assigning a district judge for any such appeal. The appeal
16  shall stay all further proceedings upon the judgment appealed from.
17    (2)  An appeal to a district judge shall be taken by filing a notice of
18  appeal with the clerk of the court. No appeal shall be taken more than
19  10 days after the date of the judgment appealed from.
20    (3)  The clerk of the district court shall deliver the complaint, warrant
21  and any appearance bond to the district judge to whom such appeal is
22  assigned. The case shall be tried de novo before the assigned district
23  judge.
24    (4)  No advance payment of a docket fee shall be required when the
25  appeal is taken.
26    (5)  All appeals taken by a defendant from a district magistrate judge
27  in traffic infraction, cigarette or tobacco infraction offense and misde-
28  meanor cases shall be tried by the court unless a jury trial is requested in
29  writing by the defendant.
30    (6)  Notwithstanding the other provisions of this section, appeal from
31  a conviction rendered pursuant to subsection (c) of K.S.A. 22-2909 and
32  amendments thereto shall be conducted only on the record of the stip-
33  ulation of facts relating to the complaint.
34    [Sec. 6 9.  K.S.A. 1996 Supp. 79-3316 is hereby amended to read
35  as follows: 79-3316. (a) All purchases of cigarettes by any dealer
36  shall be evidenced by an invoice, a duplicate of which shall be fur-
37  nished the party receiving the cigarettes from any dealer.
38    [(b)  Purchases of cigarettes by wholesale dealers shall be made
39  from the manufacturers of cigarettes or from other Kansas licensed
40  wholesale dealers. Purchases of cigarettes by retail dealers or vend-
41  ing machine operators shall be from wholesale dealers.
42    [(c)  All invoices issued by wholesale dealers shall be in dupli-
43  cate and a copy must accompany the consigned cigarettes. Ciga-
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 1  rettes sold by a wholesale dealer to any other dealer shall be evi-
 2  denced by invoices bearing the vendee's name and license number.
 3  A wholesale dealer selling cigarettes to a manufacturer's salesper-
 4  son shall at the time of delivery of same make a true duplicate in-
 5  voice inserting therein the name of the salesman together with the
 6  name of such salesperson's employer.
 7    [(d)  All records pertaining to sales of cigarettes by dealers in
 8  the state of Kansas shall be preserved for a period of three years
 9  and shall be available for inspection by the director or the director's
10  designee at the dealer's place of business or, if the dealer has more
11  than one place of business in the state, at a central location of the dealer.
12    [(e)  Every wholesale dealer shall report to the director on or
13  before the 10th day of each month, stating the amount of cigarettes
14  sold during the preceding month and the amount of all cigarettes
15  returned to the manufacturer. Any wholesale dealer who refuses
16  any shipment or part of a shipment of unstamped cigarettes or has
17  a shortage in the shipment of cigarettes consigned to such dealer
18  shall in the monthly report next following the refusal or shortage
19  report to the director the number of packages or cartons of ciga-
20  rettes refused or short and the name of the carrier from whom the
21  cigarettes were refused or shortage occurred. Such report shall be
22  made on forms provided by the director and shall contain such other
23  information as the director may require.
24    [(f)  Exemption from payment of cigarette tax on sale of ciga-
25  rettes made outside the state by any wholesale dealer shall be filed
26  on forms provided by the director.]
27    Sec. 10.  K.S.A. 1996 Supp. 79-3322 is hereby amended to read
28  as follows: 79-3322. (a) Any person who violates any of the provi-
29  sions of this act, except as otherwise provided in this act, shall be
30  guilty of a misdemeanor and upon conviction shall be punished by
31  a fine of not more than $1,000 or imprisonment for not more than
32  one year, or by both. In addition thereto any person found liable
33  for any license fee or tax imposed under the provisions of this act
34  shall be personally liable for such license fee or tax plus a penalty
35  in an amount equal to 100% thereof.
36    (b) (1)  It is a class B person misdemeanor punishable by a min-
37  imum fine of $200 for any person, directly or indirectly, to: (A)
38  Sell, give or furnish any cigarettes or tobacco products to any per-
39  son under 18 years of age; or (B) buy any cigarettes or tobacco
40  products for any person under 18 years of age. In determining the
41  penalty to be imposed for a violation of this subsection by a li-
42  censed retail dealer whose employee sold, furnished or distributed
43  the cigarettes or tobacco products, the court shall consider it to be
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 1  a mitigating circumstance if the employee had completed a train-
 2  ing program, approved by the secretary of revenue or the secre-
 3  tary's designee, in avoiding sale, furnishing or distributing of cig-
 4  arettes and tobacco products to persons under 18 years of age.
 5    (2)  It shall be a defense to a prosecution under this subsection
 6  if: (A) The defendant is a licensed retail dealer[, or employee
 7  thereof,] or a person authorized by law to distribute samples; (B)
 8  the defendant sold, furnished or distributed the cigarettes or to-
 9  bacco products to the person under 18 years of age with reason-
10  able cause to believe the person was of legal age to purchase or
11  receive cigarettes or tobacco products; and (C) to purchase or re-
12  ceive the cigarettes or tobacco products, the person under 18 years
13  of age exhibited to the defendant a driver's license, Kansas non-
14  driver's identification card or other official or apparently official
15  document containing a photograph of the person and purporting
16  to establish that the person was of legal age to purchase or receive
17  cigarettes or tobacco products.
18    (3)  It shall be a defense to a prosecution under this subsection
19  if: (A) The defendant engages in the lawful sale, furnishing or dis-
20  tribution of cigarettes or tobacco products by mail; and (B) the
21  defendant sold, furnished or distributed the cigarettes or tobacco
22  products to the person by mail only after the person had provided
23  to the defendant an unsworn declaration, conforming to K.S.A. 53-
24  601 and amendments thereto, that the person was 18 or more years
25  of age.
26    (c)  Violation of subsection (m) or (n) of K.S.A. 79-3321 and
27  amendments thereto is a cigarette or tobacco infraction for which
28  the fine is $25 for a first conviction, $50 for a second conviction and
29  $150 for a third or subsequent conviction. In addition, the judge may
30  require the juvenile to appear in court with a parent or legal guardian
31  and further may require the juvenile to complete, at the juvenile's own
32  expense, an educational program, which shall consist of a minimum of
33  two hours, focusing on the dangers associated with the use of cigarettes
34  or tobacco products.
35    (d)  Any agent, employees or others who aid, abet or otherwise
36  participate in any way in the violation of this act or in any of the
37  offenses hereunder punishable shall be guilty and punished as
38  principals to the same extent as any person violating this act.
39    Sec. 11.  K.S.A. 1996 Supp. 79-3393 is hereby amended to read
40  as follows: 79-3393. (a) When a person is stopped by a law enforcement
41  officer for a cigarette or tobacco infraction, the person shall not be taken
42  before a judge of the district court unless the person demands an im-
43  mediate appearance before a judge.
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 1    (b)  When a person is stopped by a law enforcement officer for
 2  a cigarette or tobacco infraction, the law enforcement officer may
 3  shall prepare and deliver to the person a written cigarette or to-
 4  bacco citation on a form approved by the secretary of revenue or
 5  the secretary's designee. The citation shall contain a notice to ap-
 6  pear in court, the name and address of the person, the offense or
 7  offenses charged, the time and place when and where the person
 8  shall appear in court, the signature of the law enforcement officer
 9  and any other pertinent information. The time specified in the
10  notice to appear shall be at least five days after the alleged infrac-
11  tion unless the person charged with the infraction demands an
12  earlier hearing. The place specified in the notice to appear shall
13  be before a judge of the district court within the county where the
14  infraction is alleged to have been committed or before a judge of the
15  municipal court where the infraction is alleged to have been committed
16  in a city which has adopted an ordinance which prohibits the same acts.
17    (c) (b)  The notice to appear shall may provide a place where the
18  person may make a written entry of appearance, waive the right to a trial
19  and plead guilty or no contest. The notice to appear shall provide a space
20  where the law enforcement officer shall enter the fine specified in sub-
21  section (c) of K.S.A. 79-3322 and amendments thereto and court costs in
22  the amount provided by law that the person charged with the infraction
23  shall appear in court with a parent or legal guardian and shall provide
24  that the person charged has a right to trial.
25    (d)  If the notice to appear does not do so, the law enforcement officer
26  shall provide a person charged with a cigarette or tobacco infraction a
27  form explaining the person's right to appear and right to a trial and the
28  person's right to pay the appropriate fine and court costs prior to the
29  appearance date.  The law enforcement officer shall provide the person
30  with the address of the court to which the written entry of appearance,
31  waiver of trial, plea of guilty or no contest and payment of fine and court
32  costs shall be mailed.
33    (e)  Any officer violating any of the provisions of subsection (d) is
34  guilty of misconduct in office and shall be subject to removal from office.
35    (f)  Prior to the time specified in the notice to appear, a person
36  charged with a cigarette or tobacco infraction may enter a written ap-
37  pearance, waive right to trial, plead guilty or no contest and pay the $25
38  fine and court costs provided by law. Payment may be made by mail or
39  in person and may be by personal check. The cigarette or tobacco citation
40  shall not have been complied with if a check is not honored for any reason,
41  or if the fine and court costs are not paid in full. When a person charged
42  with a cigarette or tobacco infraction makes payment without executing
43  a written waiver of right to trial and plea of guilty or no contest, the
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 1  payment shall be deemed such an appearance, waiver of right to trial and
 2  plea of no contest.
 3    (g) (c)  Acts classified as cigarette or tobacco infractions by sub-
 4  section (c) of K.S.A. 79-3321 79-3322, and amendments thereto shall
 5  be classified as ordinance cigarette or tobacco infractions by those
 6  cities adopting ordinances prohibiting the same acts. The fine for
 7  an ordinance cigarette or tobacco infraction shall be $25 for a first
 8  conviction, $50 for a second conviction and $150 for a third or subsequent
 9  conviction. In addition, the judge may require the juvenile to complete,
10  at the juvenile's own expense, an educational program which shall consist
11  of a minimum of two hours focusing on the dangers associated with the
12  use of cigarettes or tobacco products.
13    Sec. 6 [7] 12.  K.S.A. 1996 Supp. 12-4214, 12-4305, 21-3105, 21-
14  4503a, 22-3404, 22-3409, 22-3412 and 22-3609a[, 22-3609a and, 79-
15  3316], 79-3322 and 79-3393 are hereby repealed.
16    Sec. 7 [8] 13.  This act shall take effect and be in force from and
17  after its publication in the Kansas register.