HOUSE BILL No. 2726

      An Act concerning cigarettes and tobacco products; relating to cigarette or tobacco infrac-
      tions; penalties therefor; certain records of sales; amending K.S.A. 22-3609, 79-3316,
      79-3322, 79-3391 and 79-3393 and K.S.A. 1997 Supp. 12-4214, 12-4305, 21-3105, 21-
      4503a, 22-3404, 22-3409, 22-3412 and 22-3609a and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 12-4214 is hereby amended to read as
follows: 12-4214. (a) Except as provided further, when a person is charged
with an ordinance traffic infraction or an ordinance cigarette or tobacco
infraction, the notice to appear shall provide a place where the person
may make a written entry of appearance, waive the right to a trial and
plead guilty or no contest. The notice to appear shall provide a space in
which the law enforcement officer, except as provided in subsection (b),
shall enter the appropriate fine specified in the fine schedule established
by the municipal judge in accordance with K.S.A. 12-4305 and amend-
ments thereto, in the case of a traffic infraction, or a fine of $25, in the
case of an ordinance cigarette or tobacco infraction. Either the notice to
appear or a separate form provided to the person by the law enforcement
officer shall provide an explanation: (1) Of the person's right to appear
and right to trial and the person's right to pay the appropriate fine prior
to the appearance date; (2) that failure to either pay such fine or appear
at the specified time may result in issuance of a warrant for the person's
arrest; and (3) in the case of a traffic infraction, that failure to either pay
such fine or appear at the specified time may result in the suspension of
the person's driver's license. The law enforcement officer shall provide
the person with the telephone number and address of the municipal court
to which the written entry of appearance, waiver of trial, plea of guilty or
no contest and payment of fine shall be mailed.

    (b) In lieu of the law enforcement officer entering the appropriate
fine for an ordinance traffic infraction, the officer may direct the person
charged with an ordinance traffic infraction to contact the clerk of the
municipal court to determine the applicable fine or provide the person
with a copy of the fine schedule established by the municipal judge in
accordance with K.S.A. 12-4305 and amendments thereto.

    (c) When a person is charged with an ordinance cigarette or tobacco
infraction, the judge may require the juvenile to appear in court with a
parent or legal guardian.

    (c) (d) This section shall be a part of and supplemental to the pro-
visions of article 42 of chapter 12 of the Kansas Statutes Annotated and
acts amendatory thereof or supplemental thereto.

    Sec. 2. K.S.A. 1997 Supp. 12-4305 is hereby amended to read as
follows: 12-4305. (a) The municipal judge shall establish a schedule of
fines which shall be imposed for municipal ordinance violations that are
classified as ordinance traffic infractions. Also, the municipal judge may
establish a schedule of fines which shall be imposed for the violation of
certain other ordinances. Any fine so established shall be within the min-
imum and maximum allowable fines established by ordinance for such
offenses by the governing body. The following traffic violations are spe-
cifically excluded from any schedule of fines:

    (1) Reckless driving;

    (2) driving while under the influence of alcohol or drugs, or both, or
driving with a blood or breath alcohol concentration of .08 or more;

    (3) driving without a valid license issued or on a canceled, suspended
or revoked license;

    (4) fleeing or attempting to elude a police officer; or

    (5) offense comparable to those prescribed by K.S.A. 8-1602, 8-1603
and 8-1604 and amendments thereto.

    (b) A person charged with the violation of an ordinance contained in
a schedule of fines established under subsection (a) shall, except as pro-
vided in subsection (c), appear at the place and time specified in the
notice to appear. If the person enters an appearance, waives right to trial,
pleads guilty or no contest, the fine shall be no greater than that specified
in the schedule.

    (c) Except as provided in subsection (c) of K.S.A. 12-4214, and
amendments thereto, prior to the time specified in the notice to appear,
a person charged with an ordinance cigarette or tobacco infraction or a
violation of an ordinance contained in a schedule of fines established
under subsection (a) may enter an appearance, waive right to trial, plead
guilty or no contest and pay the fine for the violation as specified in the
schedule or in subsection (a) of K.S.A. 12-4214 and amendments thereto.
At the election of the person charged, such appearance, waiver, plea and
payment may be made by mail or in person and payment may be by
personal check. The complaint shall not have been complied with if a
check is not honored for any reason, or the fine is not paid in full prior
to the time specified in the notice to appear. When a person charged with
an ordinance cigarette or tobacco infraction or an ordinance traffic in-
fraction or other ordinance violation on a schedule of fines makes pay-
ment without executing a written waiver of right to trial and plea of guilty
or no contest, the payment shall be deemed such an appearance, waiver
of right to trial and plea of no contest.

    The municipal judge may authorize the clerk of the municipal court or
some other person to accept by mail or in person such voluntary appear-
ance, plea of guilty or no contest and payment of the fine imposed by the
schedule or by subsection (a) of K.S.A. 12-4214 and amendments thereto.

    The schedule of fines and persons authorized to accept such pleas shall
be conspicuously displayed in the office where such voluntary appearance,
plea of guilty and payment of fine occurs.

    Sec. 3. K.S.A. 1997 Supp. 21-3105 is hereby amended to read as
follows: 21-3105. A crime is an act or omission defined by law and for
which, upon conviction, a sentence of death, imprisonment or fine, or
both imprisonment and fine, is authorized or, in the case of a traffic
infraction or a cigarette or tobacco infraction, a fine is authorized. Crimes
are classified as felonies, misdemeanors and, traffic infractions and cig-
arette or tobacco infractions.

    (1) A felony is a crime punishable by death or by imprisonment in
any state correctional institution or a crime which is defined as a felony
by law.

    (2) A traffic infraction is a violation of any of the statutory provisions
listed in subsection (c) of K.S.A. 8-2118 and amendments thereto.

    (3) A cigarette or tobacco infraction is a violation of subsection (m)
or (n) of K.S.A. 79-3321 and amendments thereto.

    (4) All other crimes are misdemeanors.

    Sec. 4. K.S.A. 1997 Supp. 22-3404 is hereby amended to read as
follows: 22-3404. (1) The trial of misdemeanor, cigarette or tobacco in-
fraction and traffic infraction cases shall be to the court unless a jury trial
is requested in writing by the defendant not later than seven days after
first notice of trial assignment is given to the defendant or such defend-
ant's counsel. The time requirement provided in this subsection regarding
when a jury trial shall be requested may be waived in the discretion of
the court upon a finding that imposing such time requirement would
cause undue hardship or prejudice to the defendant.

    (2) A jury in a misdemeanor, cigarette or tobacco infraction or traffic
infraction case shall consist of six members.

    (3) Trials in the municipal court of a city shall be to the court.

    (4) Except as otherwise provided by law, the rules and procedures
applicable to jury trials in felony cases shall apply to jury trials in misde-
meanor, cigarette or tobacco infraction and traffic infraction cases.

    (5) The trial of cigarette or tobacco infraction or traffic infraction
cases shall be to the court.

    Sec. 5. K.S.A. 1997 Supp. 21-4503a is hereby amended to read as
follows: 21-4503a. (a) A person who has been convicted of a felony may,
in addition to the sentence authorized by law, be ordered to pay a fine
which shall be fixed by the court as follows:

    (1) For any off-grid felony crime or any felony ranked in severity level
1 of the drug grid as provided in K.S.A. 21-4705 and amendments thereto,
a sum not exceeding $500,000.

    (2) For any felony ranked in severity levels 1 through 5 of the nondrug
grid as provided in K.S.A. 21-4704 and amendments thereto or in severity
levels 2 or 3 of the drug grid as provided in K.S.A. 21-4705 and amend-
ments thereto, a sum not exceeding $300,000.

    (3) For any felony ranked in severity levels 6 through 10 of the non-
drug grid as provided in K.S.A. 21-4704 and amendments thereto or in
severity level 4 of the drug grid as provided in K.S.A. 21-4705 and amend-
ments thereto, a sum not exceeding $100,000.

    (b) A person who has been convicted of a misdemeanor, in addition
to or instead of the imprisonment authorized by law, may be sentenced
to pay a fine which shall be fixed by the court as follows:

    (1) For a class A misdemeanor, a sum not exceeding $2,500.

    (2) For a class B misdemeanor, a sum not exceeding $1,000.

    (3) For a class C misdemeanor, a sum not exceeding $500.

    (4) For an unclassified misdemeanor, any sum authorized by the stat-
ute that defines the crime. If no penalty is provided in such law, the fine
shall not exceed the fine provided herein for a class C misdemeanor.

    (c) As an alternative to any of the above fines, the fine imposed may
be fixed at any greater sum not exceeding double the pecuniary gain
derived from the crime by the offender.

    (d) A person who has been convicted of a traffic infraction may be
sentenced to pay a fine which shall be fixed by the court, not exceeding
$500.

    (e) A person who has been convicted of a cigarette or tobacco in-
fraction shall be sentenced to pay a fine of $25.

    (f) The provisions of this section shall apply to crimes committed on
or after July 1, 1993.

    Sec. 6. K.S.A. 1997 Supp. 22-3409 is hereby amended to read as
follows: 22-3409. When a jury trial is demanded, as provided by law, for
traffic infraction, cigarette or tobacco infraction or misdemeanor cases,
the judge shall summon not less than 12 prospective jurors from the
source and in the manner provided for the summoning of other petit
jurors in the district court in the county.

    Sec. 7. K.S.A. 1997 Supp. 22-3412 is hereby amended to read as
follows: 22-3412. (a) (1) For crimes committed before July 1, 1993, per-
emptory challenges shall be allowed as follows:

    (A) Each defendant charged with a class A felony shall be allowed 12
peremptory challenges.

    (B) Each defendant charged with a class B felony shall be allowed
eight peremptory challenges.

    (C) Each defendant charged with a felony other than class A or class
B felony shall be allowed six peremptory challenges.

    (D) Each defendant charged with a misdemeanor, cigarette or to-
bacco infraction or traffic infraction shall be allowed three peremptory
challenges.

    (E) Additional peremptory challenges shall not be allowed on account
of separate counts charged in the complaint, information or indictment.

    (F) The prosecution shall be allowed the same number of peremptory
challenges as all the defendants.

    (2) For crimes committed on or after July 1, 1993, peremptory chal-
lenges shall be allowed as follows:

    (A) Each defendant charged with an off-grid felony or a nondrug or
drug felony ranked at severity level 1 shall be allowed 12 peremptory
challenges.

    (B) Each defendant charged with a nondrug felony ranked at severity
level 2, 3, 4, 5 or 6, or a drug felony ranked at severity level 2 or 3, shall
be allowed 8 peremptory challenges.

    (C) Each defendant charged with an unclassified felony, a nondrug
severity level 7, 8, 9 or 10, or a drug severity level 4 felony shall be allowed
six peremptory challenges.

    (D) Each defendant charged with a misdemeanor shall be allowed
three peremptory challenges.

    (E) The prosecution shall be allowed the same number of peremp-
tory challenges as all defendants.

    (F) The most serious penalty offense charged against each defendant
furnishes the criterion for determining the allowed number of peremp-
tory challenges for that defendant.

    (G) Additional peremptory challenges shall not be allowed when sep-
arate counts are charged in the complaint, information or indictment.

    (H) Except as otherwise provided in this subsection, the provisions
of this section shall apply. In applying the provisions of this section, the
trial court may determine the number of peremptory challenges to allow
by reviewing the classification for the crime charged, or nearest compa-
rable felony, as it was classified under the criminal law in effect prior to
July 1, 1993. If the severity level of the most serious crime charged raises
the potential penalty above that of another crime which was classified
higher under the criminal law in effect prior to July 1, 1993, the defendant
shall be allowed the number of peremptory challenges as for that higher
classified crime under the prior system.

    (I) The trial court shall resolve any conflicts with a liberal construc-
tion in favor of allowing the greater number of peremptory challenges.

    (b) After the parties have interposed all of their challenges to jurors,
or have waived further challenges, the jury shall be sworn to try the case.

    (c) Immediately after the jury is empaneled and sworn, a trial judge
may empanel one or more alternate or additional jurors whenever, in the
judge's discretion, the judge believes it advisable to have such jurors avail-
able to replace jurors who, prior to the time the jury retires to consider
its verdict, become or are found to be unable to perform their duties.
Such jurors shall be selected in the same manner, have the same quali-
fications, and be subject to the same examination and challenges and take
the same oath and have the same functions, powers and privileges as the
regular jurors. Each party shall be entitled to one peremptory challenge
to such alternate jurors. Such alternate jurors shall be seated near the
other jurors, with equal power and facilities for seeing and hearing the
proceedings in the case, and they must attend at all times upon the trial
of the cause in company with the other jurors. They shall obey the orders
of and be bound by the admonition of the court upon each adjournment,
but if the regular jurors are ordered to be kept in custody during the trial
of the cause, such alternate jurors also shall be kept in confinement with
the other jurors. Upon final submission of the case to the jury, the alter-
nate jurors may be discharged or they may be retained separately and not
discharged until the final decision of the jury. If the alternate jurors are
not discharged on final submission of the case and if any regular juror
shall be discharged from jury service in any such action prior to the jury
reaching its verdict, the court shall draw the name of an alternate juror
who shall replace the juror so discharged and be subject to the same rules
and regulations as though such juror had been selected as one of the
original jurors.

    Sec. 8. K.S.A. 22-3609 is hereby amended to read as follows: 22-
3609. (1) The defendant shall have the right to appeal to the district court
of the county from any judgment of a municipal court which adjudges
the defendant guilty of a violation of the ordinances of any municipality
of Kansas. The appeal shall be assigned by the administrative judge to a
district judge. The appeal shall stay all further proceedings upon the judg-
ment appealed from.

    (2) An appeal to the district court shall be taken by filing, in the
district court of the county in which the municipal court is located, a
notice of appeal and any appearance bond required by the municipal
court. Municipal court clerks are hereby authorized to accept notices of
appeal and appearance bonds under this subsection and shall forward
such notices and bonds to the district court. No appeal shall be taken
more than 10 days after the date of the judgment appealed from.

    (3) The notice of appeal shall designate the judgment or part of the
judgment appealed from. The defendant shall cause notice of the appeal
to be served upon the city attorney prosecuting the case. The judge whose
judgment is appealed from or the clerk of the court, if there is one, shall
certify the complaint and warrant to the district court of the county, but
failure to do so shall not affect the validity of the appeal.

    (4) Except as provided herein, the trial of municipal appeal cases shall
be to the court unless a jury trial is requested in writing by the defendant
not later than seven days after first notice of trial assignment is given to
the defendant or such defendant's counsel. The time requirement pro-
vided in this subsection regarding when a jury trial shall be requested
may be waived in the discretion of the court upon a finding that imposing
such time requirement would cause undue hardship or prejudice to the
defendant. A jury in a municipal appeal case shall consist of six members.
All appeals taken by a defendant from a municipal judge in cigarette or
tobacco infraction or traffic infraction cases shall be tried by the court.

    (5) Notwithstanding the other provisions of this section, appeal from
a conviction rendered pursuant to subsection (b) of K.S.A. 12-4416, and
amendments thereto, shall be conducted only on the record of the stip-
ulation of facts relating to the complaint.

    Sec. 9. K.S.A. 1997 Supp. 22-3609a is hereby amended to read as
follows: 22-3609a. (1) A defendant shall have the right to appeal from any
judgment of a district magistrate judge. The administrative judge shall be
responsible for assigning a district judge for any such appeal. The appeal
shall stay all further proceedings upon the judgment appealed from.

    (2) An appeal to a district judge shall be taken by filing a notice of
appeal with the clerk of the court. No appeal shall be taken more than
10 days after the date of the judgment appealed from.

    (3) The clerk of the district court shall deliver the complaint, warrant
and any appearance bond to the district judge to whom such appeal is
assigned. The case shall be tried de novo before the assigned district
judge.

    (4) No advance payment of a docket fee shall be required when the
appeal is taken.

    (5) All appeals taken by a defendant from a district magistrate judge
in traffic infraction, cigarette or tobacco infraction and in misdemeanor
cases shall be tried by the court unless a jury trial is requested in writing
by the defendant. All appeals taken by a defendant from a district mag-
istrate judge in traffic infraction and cigarette or tobacco infraction cases
shall be to the court.

    (6) Notwithstanding the other provisions of this section, appeal from
a conviction rendered pursuant to subsection (c) of K.S.A. 22-2909 and
amendments thereto shall be conducted only on the record of the stip-
ulation of facts relating to the complaint.

    Sec. 10. K.S.A. 79-3316 is hereby amended to read as follows: 79-
3316. (a) All purchases of cigarettes by any dealer shall be evidenced by
an invoice, a duplicate of which shall be furnished the party receiving the
cigarettes from any dealer.

    (b) Purchases of cigarettes by wholesale dealers shall be made from
the manufacturers of cigarettes or from other Kansas licensed wholesale
dealers. Purchases of cigarettes by retail dealers or vending machine op-
erators shall be from wholesale dealers.

    (c) All invoices issued by wholesale dealers shall be in duplicate and
a copy must accompany the consigned cigarettes. Cigarettes sold by a
wholesale dealer to any other dealer shall be evidenced by invoices bear-
ing the vendee's name and license number. A wholesale dealer selling
cigarettes to a manufacturer's salesperson shall at the time of delivery of
same make a true duplicate invoice inserting therein the name of the
salesman together with the name of such salesperson's employer.

    (d) All records pertaining to sales of cigarettes by dealers in the state
of Kansas shall be preserved for a period of three years and shall be
available for inspection by the director or the director's designee at the
dealer's place of business or, if the dealer has more than one place of
business in the state, at a central location of the dealer.

    (e) Every wholesale dealer shall report to the director on or before
the 10th day of each month, stating the amount of cigarettes sold during
the preceding month and the amount of all cigarettes returned to the
manufacturer. Any wholesale dealer who refuses any shipment or part of
a shipment of unstamped cigarettes or has a shortage in the shipment of
cigarettes consigned to such dealer shall in the monthly report next fol-
lowing the refusal or shortage report to the director the number of pack-
ages or cartons of cigarettes refused or short and the name of the carrier
from whom the cigarettes were refused or shortage occurred. Such report
shall be made on forms provided by the director and shall contain such
other information as the director may require.

    (f) Exemption from payment of cigarette tax on sale of cigarettes
made outside the state by any wholesale dealer shall be filed on forms
provided by the director.

    Sec. 11. K.S.A. 79-3322 is hereby amended to read as follows: 79-
3322. (a) Any person who violates any of the provisions of this act, except
as otherwise provided in this act, shall be guilty of a misdemeanor and
upon conviction shall be punished by a fine of not more than $1,000 or
imprisonment for not more than one year, or by both. In addition thereto
any person found liable for any license fee or tax imposed under the
provisions of this act shall be personally liable for such license fee or tax
plus a penalty in an amount equal to 100% thereof.

    (b) (1) It is a class B person misdemeanor punishable by a minimum
fine of $200 for any person, directly or indirectly, to: (A) Sell, give or
furnish any cigarettes or tobacco products to any person under 18 years
of age; or (B) buy any cigarettes or tobacco products for any person under
18 years of age. In determining the penalty to be imposed for a violation
of this subsection by a licensed retail dealer whose employee sold, fur-
nished or distributed the cigarettes or tobacco products, the court shall
consider it to be a mitigating circumstance if the employee had completed
a training program, approved by the secretary of revenue or the secre-
tary's designee, in avoiding sale, furnishing or distributing of cigarettes
and tobacco products to persons under 18 years of age.

    (2) It shall be a defense to a prosecution under this subsection if: (A)
The defendant is a licensed retail dealer, or employee thereof, or a person
authorized by law to distribute samples; (B) the defendant sold, furnished
or distributed the cigarettes or tobacco products to the person under 18
years of age with reasonable cause to believe the person was of legal age
to purchase or receive cigarettes or tobacco products; and (C) to purchase
or receive the cigarettes or tobacco products, the person under 18 years
of age exhibited to the defendant a driver's license, Kansas nondriver's
identification card or other official or apparently official document con-
taining a photograph of the person and purporting to establish that the
person was of legal age to purchase or receive cigarettes or tobacco prod-
ucts.

    (3) It shall be a defense to a prosecution under this subsection if: (A)
The defendant engages in the lawful sale, furnishing or distribution of
cigarettes or tobacco products by mail; and (B) the defendant sold, fur-
nished or distributed the cigarettes or tobacco products to the person by
mail only after the person had provided to the defendant an unsworn
declaration, conforming to K.S.A. 53-601 and amendments thereto, that
the person was 18 or more years of age.

    (4) For purposes of this subsection the person who violates this sub-
section shall be the individual directly selling, furnishing or distributing
the cigarettes or tobacco products to any person under 18 years of age or
the retail dealer who has actual knowledge of such selling, furnishing or
distributing by such individual or both.

    (c) Violation of subsection (m) or (n) of K.S.A. 79-3321 and amend-
ments thereto is a cigarette or tobacco infraction for which the fine is
$25. In addition, the judge may require the juvenile to appear in court
with a parent or legal guardian.

    (d) Any agent, employees or others who aid, abet or otherwise par-
ticipate in any way in the violation of this act or in any of the offenses
hereunder punishable shall be guilty and punished as principals to the
same extent as any person violating this act.

    Sec. 12. K.S.A. 79-3391 is hereby amended to read as follows: 79-
3391. (a) In addition to or in lieu of any other civil or criminal penalty
provided by law, the secretary of revenue or the secretary's designee,
upon a finding that a licensee under this act has violated any provision of
this act or any provision of any rule and regulation of the secretary of
revenue adopted pursuant to this act shall impose on such licensee a civil
fine not exceeding $1,000 for each violation.

    (b) It shall be unlawful for any person, directly or indirectly, to: (1)
Sell, give or furnish any cigarettes or tobacco products to any person
under 18 years of age; or (2) buy any cigarettes or tobacco products for
any person under 18 years of age. In determining the fine to be imposed
under this section for a violation of subsection (b) of K.S.A. 79-3322 and
amendments thereto by a licensed retail dealer whose employee sold,
furnished or distributed the cigarettes or tobacco products, the secretary
of revenue or the secretary's designee shall consider it to be a mitigating
circumstance if the employee had completed a training program, ap-
proved by the secretary of revenue or the secretary's designee, in avoiding
sale, furnishing or distributing of cigarettes and tobacco products to per-
sons under 18 years of age.

    (b) (c) No fine shall be imposed pursuant to this section except upon
the written order of the secretary of revenue or the secretary's designee
to the licensee who committed the violation. Such order shall state the
violation, the fine to be imposed and the right of the licensee to appeal
the order. Such order shall be subject to appeal and review in the manner
provided by the Kansas administrative procedure act.

    (c) (d) Any fine collected pursuant to this section shall be paid to the
state treasurer, who shall deposit the entire amount in the state treasury
and credit it to the cigarette and tobacco products regulation fund.

    (d) (e) There is hereby created, in the state treasury, the cigarette
and tobacco products regulation fund. Moneys in the fund shall be ex-
pended only for the enforcement of this act and rules and regulations
adopted pursuant to this act. Such expenditures shall be made in accord-
ance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the secretary of
revenue or a person designated by the secretary.

    Sec. 13. K.S.A. 79-3393 is hereby amended to read as follows: 79-
3393. (a) When a person is stopped by a law enforcement officer for a
cigarette or tobacco infraction, the person shall not be taken before a
judge of the district court unless the person demands an immediate ap-
pearance before a judge.

    (b) When a person is stopped by a law enforcement officer for a
cigarette or tobacco infraction, the law enforcement officer may shall
prepare and deliver to the person a written cigarette or tobacco citation
on a form approved by the secretary of revenue or the secretary's des-
ignee. The citation shall contain a notice to appear in court, the name
and address of the person, the offense or offenses charged, the time and
place when and where the person shall appear in court, the signature of
the law enforcement officer and any other pertinent information. The
time specified in the notice to appear shall be at least five days after the
alleged infraction unless the person charged with the infraction demands
an earlier hearing. The place specified in the notice to appear shall be
before a judge of the district court within the county where the infraction
is alleged to have been committed or before a judge of the municipal
court where the infraction is alleged to have been committed in a city
which has adopted an ordinance which prohibits the same acts.

    (c) The notice to appear shall provide a place where the person may
make a written entry of appearance, waive the right to a trial and plead
guilty or no contest. The notice to appear shall provide a space where the
law enforcement officer shall enter the fine specified in subsection (c) of
K.S.A. 79-3322 and amendments thereto and court costs in the amount
provided by law.

    (d) If the notice to appear does not do so, the law enforcement officer
shall provide a person charged with a cigarette or tobacco infraction a
form explaining the person's right to appear and right to a trial and the
person's right to pay the appropriate fine and court costs prior to the
appearance date. The law enforcement officer shall provide the person
with the address of the court to which the written entry of appearance,
waiver of trial, plea of guilty or no contest and payment of fine and court
costs shall be mailed.

    (e) Any officer violating any of the provisions of subsection (d) is
guilty of misconduct in office and shall be subject to removal from office.

    (f) Prior to the time specified in the notice to appear, a person
charged with a cigarette or tobacco infraction may enter a written ap-
pearance, waive right to trial, plead guilty or no contest and pay the $25
fine and court costs provided by law. Payment may be made by mail or
in person and may be by personal check. The cigarette or tobacco citation
shall not have been complied with if a check is not honored for any reason,
or if the fine and court costs are not paid in full. When a person charged
with a cigarette or tobacco infraction makes payment without executing
a written waiver of right to trial and plea of guilty or no contest, the
payment shall be deemed such an appearance, waiver of right to trial and
plea of no contest.

    (b) The notice to appear may provide that the person charged with
the infraction shall appear in court with a parent or legal guardian and
shall provide that the person charged has a right to trial.

    (g) (c) Acts classified as cigarette or tobacco infractions by subsection
(c) of K.S.A. 79-3321 79-3322, and amendments thereto shall be classified
as ordinance cigarette or tobacco infractions by those cities adopting or-
dinances prohibiting the same acts. The fine for an ordinance cigarette
or tobacco infraction shall be $25.

    Sec. 14. K.S.A. 22-3609, 79-3316, 79-3322, 79-3391 and 79-3393 and
K.S.A. 1997 Supp. 12-4214, 12-4305, 21-3105, 21-4503a, 22-3404, 22-
3409, 22-3412 and 22-3609a are hereby repealed.

    Sec. 15. This act shall take effect and be in force from and after its
publication in the Kansas register.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.