Session of 1998
         
         
HOUSE BILL No. 2976
          
By Committee on Federal and State Affairs
         
2-18
         
  9             AN ACT concerning courts; relating to the jurisdiction of municipal
10             courts; amending K.S.A. 12-4104 and 22-2601 and K.S.A. 1997 Supp.
11             8-2106, 8-2107 and 19-101a and repealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           New Section 1. (a) The governing body of any city of the first class
15       may adopt an ordinance which would allow the municipal court of such
16       city to have jurisdiction over misdemeanor and traffic offenses. The ju-
17       dicial power and authority of a municipal judge of the municipal court in
18       such city may be exercised anywhere within such judicial district where
19       such city is located. Any such municipal judge shall have only such judicial
20       power and authority as is necessary to hear such misdemeanor and traffic
21       offense actions. Any party aggrieved by any order of a municipal judge
22       under this subsection may appeal such order as an order would be ap-
23       pealed if the district judge had issued such order.
24           (b) Any fees, fines, penalties or court costs which are assessed by the
25       municipal court pursuant to this section shall be deposited and credited
26       by the municipal court in the same manner other fees, fines, penalties or
27       court costs are deposited and credited.
28           (c) Whenever district judge or district court, or words of like effect,
29       are referred to or designated by a statute in reference to a misdemeanor
30       or traffic offense and the governing body of any city of the first class has
31       adopted an ordinance which allows the municipal court of such city to
32       have jurisdiction over misdemeanor and traffic offenses, such reference
33       or designation shall be deemed to apply to the municipal judge or mu-
34       nicipal court, whichever is applicable.
35           Sec. 2. K.S.A. 1997 Supp. 8-2106 is hereby amended to read as fol-
36       lows: 8-2106. (a) A law enforcement officer may prepare and deliver to a
37       person a written traffic citation on a form approved by the division of
38       motor vehicles, if the law enforcement officer stops the person for a
39       violation of:
40           (1) The uniform act regulating traffic on highways, which violation is
41       a misdemeanor or a traffic infraction;
42           (2) K.S.A. 8-262, 8-2,144, 8-1599, 21-3610, 21-3610a, 21-3722, 21-
43       3724, 21-3725, 21-3728, 21-4101, 40-3104, 40-3106, 41-715, 41-724,

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  1       41-727, 41-2719, 41-2720, 41-2721, 47-607, 66-1,111, 66-1,129, 66-1,139,
  2       66-1,140, 66-273, 66-1314, 66-1324, 66-1325, 66-1330, 66-1331, 66-1332,
  3       68-2104, 68-2106 or subsection (b) of K.S.A. 79-34,122, and amendments
  4       thereto;
  5           (3) K.S.A. 31-155 and amendments thereto involving transportation
  6       of bottle rockets;
  7           (4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any
  8       rules and regulations adopted pursuant thereto;
  9           (5) any rules and regulations adopted pursuant to K.S.A. 2-1212,
10       68-2001 or 31-146, and amendments thereto;
11           (6) any rules and regulations adopted pursuant to K.S.A. 31-133 and
12       amendments thereto relating to transportation of materials or fuel; or
13           (7) K.S.A. 8-1343 through 8-1347 and amendments thereto relating
14       to the child passenger safety act; or
15           (8) K.S.A. 8-2501 through 8-2507 and amendments thereto relating
16       to the safety belt use act.
17           (b) The citation shall contain a notice to appear in court, the name
18       and address of the person, the type of vehicle the person was driving,
19       whether hazardous materials were being transported, whether an acci-
20       dent occurred, the state registration number of the person's vehicle, if
21       any, a statement whether the vehicle is a commercial vehicle, whether
22       the person is licensed to drive a commercial motor vehicle, the offense
23       or offenses charged, the time and place when and where the person shall
24       appear in court, the signature of the law enforcement officer, and any
25       other pertinent information.
26           (c) The time specified in the notice to appear shall be at least five
27       days after the alleged violation unless the person charged with the vio-
28       lation demands an earlier hearing.
29           (d) Except as provided further, the place specified in the notice to
30       appear shall be before a judge of the district court within the county in
31       which the offense is alleged to have been committed. If the governing
32       body of a city of the first class has adopted an ordinance pursuant to
33       section 1, and amendments thereto, the place specified in the notice to
34       appear shall be before a municipal judge within the county in which the
35       offense is alleged to have been committed.
36           (e) Except in the circumstances to which subsection (a) of K.S.A. 8-
37       2104, and amendments thereto, apply, in the discretion of the law en-
38       forcement officer, a person charged with a misdemeanor may give written
39       promise to appear in court by signing at least one copy of the written
40       citation prepared by the law enforcement officer, in which event the law
41       enforcement officer shall deliver a copy of the citation to the person and
42       shall not take the person into physical custody.
43           (f) When a person is charged with a traffic infraction, the notice to

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  1       appear shall provide a place where the person may make a written entry
  2       of appearance, waive the right to a trial and plead guilty or no contest.
  3       The notice to appear shall provide a space where the law enforcement
  4       officer shall enter the appropriate fine specified in the uniform fine sched-
  5       ule contained in K.S.A. 8-2118, and amendments thereto, for the violation
  6       charged and court costs in the amount provided by law. If the notice to
  7       appear does not do so, the law enforcement officer shall provide a person
  8       charged with a traffic infraction a form explaining the person's right to
  9       appear and right to a trial, the person's right to pay the appropriate fine
10       and court costs prior to the appearance date, and that failure to either
11       pay such fine and court costs or appear at the specified time may result
12       in suspension of the person's driver's license. The law enforcement officer
13       shall provide the person with the address of the court to which the written
14       entry of appearance, waiver of trial, plea of guilty or no contest and pay-
15       ment of fine and court costs shall be mailed.
16           (g) Any officer violating any of the provisions of subsection (f) is guilty
17       of misconduct in office and shall be subject to removal from office.
18           Sec. 3. K.S.A. 1997 Supp. 8-2107 is hereby amended to read as fol-
19       lows: 8-2107. (a) (1) Notwithstanding any other provisions of the uniform
20       act regulating traffic on highways, when a person is stopped by a police
21       officer for any of the offenses described in subsection (d) and such person
22       is not immediately taken before a judge of the district court or municipal
23       court, the police officer may require the person stopped, subject to the
24       provisions of subsection (c), to deposit with the officer a valid Kansas
25       driver's license in exchange for a receipt therefor issued by such police
26       officer, the form of which shall be approved by the division of vehicles.
27       Such receipt shall be recognized as a valid temporary Kansas driver's
28       license authorizing the operation of a motor vehicle by the person stopped
29       until the date of the hearing stated on the receipt. The driver's license
30       and a written copy of the notice to appear shall be delivered by the police
31       officer to the court having jurisdiction of the offense charged as soon as
32       reasonably possible. If the hearing on such charge is continued for any
33       reason, the judge may note on the receipt the date to which such hearing
34       has been continued and such receipt shall be recognized as a valid tem-
35       porary Kansas driver's license until such date, but in no event shall such
36       receipt be recognized as a valid Kansas driver's license for a period longer
37       than 30 days from the date set for the original hearing. Any person who
38       has deposited a driver's license with a police officer under this subsection
39       (a) shall have such license returned upon final determination of the charge
40       against such person.
41           (2) In the event the person stopped deposits a valid Kansas driver's
42       license with the police officer and fails to appear in the district court or
43       municipal court on the date set for appearance, or any continuance

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  1       thereof, and in any event within 30 days from the date set for the original
  2       hearing, the court shall forward such person's driver's license to the di-
  3       vision of vehicles with an appropriate explanation attached thereto. Upon
  4       receipt of such person's driver's license, the division shall suspend such
  5       person's privilege to operate a motor vehicle in this state until such person
  6       appears before the court having jurisdiction of the offense charged, the
  7       court makes a final disposition thereof and notice of such disposition is
  8       given by the court to the division. No new or replacement license shall
  9       be issued to any such person until such notice of disposition has been
10       received by the division. The provisions of K.S.A. 8-256, and amendments
11       thereto, limiting the suspension of a license to one year, shall not apply
12       to suspensions for failure to appear as provided in this subsection (a).
13           (b) No person shall apply for a replacement or new driver's license
14       prior to the return of such person's original license which has been de-
15       posited in lieu of bond under this section. Violation of this subsection (b)
16       is a class C misdemeanor. The division may suspend such person's driver's
17       license for a period of not to exceed one year from the date the division
18       receives notice of the disposition of the person's charge as provided in
19       subsection (a).
20           (c) (1) In lieu of depositing a valid Kansas driver's license with the
21       stopping police officer as provided in subsection (a), the person stopped
22       may elect to give bond in the amount specified in subsection (d) for the
23       offense for which the person was stopped. When such person does not
24       have a valid Kansas driver's license, such person shall give such bond.
25       Such bond shall be subject to forfeiture if the person stopped does not
26       appear at the court and at the time specified in the written notice pro-
27       vided for in K.S.A. 8-2106, and amendments thereto.
28           (2) Such bond may be a cash bond, a bank card draft from any valid
29       and unexpired credit card approved by the division of vehicles or super-
30       intendent of the Kansas highway patrol or a guaranteed arrest bond cer-
31       tificate issued by either a surety company authorized to transact such
32       business in this state or an automobile club authorized to transact business
33       in this state by the commissioner of insurance. If any of the approved
34       bank card issuers redeem the bank card draft at a discounted rate, such
35       discount shall be charged against the amount designated as the fine for
36       the offense. If such bond is not forfeited, the amount of the bond less
37       the discount rate shall be reimbursed to the person providing the bond
38       by the use of a bank card draft. Any such guaranteed arrest bond certif-
39       icate shall be signed by the person to whom it is issued and shall contain
40       a printed statement that such surety company or automobile club guar-
41       antees the appearance of such person and will, in the event of failure of
42       such person to appear in court at the time of trial, pay any fine or forfei-
43       ture imposed on such person not to exceed an amount to be stated on

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  1       such certificate.
  2           (3) Such cash bond shall be taken in the following manner: The police
  3       officer shall furnish the person stopped a stamped envelope addressed to
  4       the judge or clerk of the court named in the written notice to appear and
  5       the person shall place in such envelope the amount of the bond, and in
  6       the presence of the police officer shall deposit the same in the United
  7       States mail. After such cash payment, the person stopped need not sign
  8       the written notice to appear, but the police officer shall note the amount
  9       of the bond mailed on the notice to appear form and shall give a copy of
10       such form to the person. If the person stopped furnishes the police officer
11       with a guaranteed arrest bond certificate or bank card draft, the police
12       officer shall give such person a receipt therefor and shall note the amount
13       of the bond on the notice to appear form and give a copy of such form
14       to the person stopped. Such person need not sign the written notice to
15       appear, and the police officer shall present the notice to appear and the
16       guaranteed arrest bond certificate or bank card draft to the court having
17       jurisdiction of the offense charged as soon as reasonably possible.
18           (d) The offenses for which appearance bonds may be required as
19       provided in subsection (c) and the amounts thereof shall be as follows:
20            On and after July 1, 1996:
21       Reckless driving $82
22       Driving when privilege is canceled, suspended or revoked 82
23       Failure to comply with lawful order of officer 57
24       Registration violation (registered for 12,000 pounds or less) 52
25       Registration violation (registered for more than 12,000 pounds) 92
26       No driver's license for the class of vehicle operated or violation ofrestrictions 52
27       Spilling load on highway 52
28       Overload:
29      
30		Gross weight of vehicle or
combination of vehicles
an amount equal to the fine
plus docket fee
to be imposed if convicted
31      
32		Gross weight upon any axle or tandem,
triple or quad axles
an amount equal to the fine
plus docket fee
to be imposed if convicted
33       Failure to obtain proper registration, clearance or to have current certi-fication as required by K.S.A. 66-1324, and amendments thereto 272
34       Insufficient liability insurance for motor carriers pursuant to K.S.A. 66-1,128 or 66-1314, and amendments thereto 122
35       Failure to obtain interstate motor fuel tax authorization pursuant to K.S.A.79-34,122, and amendments thereto 122
36       Improper equipment (glass or fire extinguishers) 52
37       No authority as private, contract or common carrier 122
38       No current driver's daily log 52
39       Invalid or no physical examination card 52
40       Transporting open container of alcoholic liquor or cereal malt beverageaccessible while vehicle in motion 223
41           (e) In the event of forfeiture of any bond under this section, $45 of
42       the amount forfeited shall be regarded as a docket fee in any court having
43       jurisdiction over the violation of state law.
44           (f) None of the provisions of this section shall be construed to conflict
45       with the provisions of the nonresident violator compact.
46           (g) When a person is stopped by a police officer for any traffic in-
47       fraction and the person is a resident of a state which is not a member of
48       the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments
49       thereto, or the person is licensed to drive under the laws of a foreign
50       country, the police officer may require a bond as provided for under
51       subsection (c). The bond shall be in the amount specified in the uniform
52       fine schedule in subsection (c) of K.S.A. 8-2118, and amendments
53       thereto, plus $45 which shall be regarded as a docket fee in any court
54       having jurisdiction over the violation of state law.
55           (h) When a person is stopped by a police officer for failure to provide
56       proof of financial security pursuant to K.S.A. 40-3104, and amendments
57       thereto, and the person is a resident of another state or the person is
58       licensed to drive under the laws of a foreign country, the police officer
59       may require a bond as provided for under subsection (c). The bond shall
60       be in the amount of $54, plus $45 which shall be regarded as a docket
61       fee in any court having jurisdiction over the violation of state law.
62           Sec. 4. K.S.A. 12-4104 is hereby amended to read as follows: 12-
63       4104. The municipal court of each city shall have jurisdiction to hear and
64       determine cases involving violations of the ordinances of the city and
65       misdemeanor and traffic offenses as provided in section 1 and amend-
66       ments thereto. Search warrants shall not issue out of a municipal court.
67           Sec. 5. K.S.A. 1997 Supp. 19-101a is hereby amended to read as
68       follows: 19-101a. (a) The board of county commissioners may transact all
69       county business and perform all powers of local legislation and adminis-
70       tration it deems appropriate, subject only to the following limitations,
71       restrictions or prohibitions:
72           (1) Counties shall be subject to all acts of the legislature which apply
73       uniformly to all counties.
74           (2) Counties may not consolidate or alter county boundaries.
75           (3) Counties may not affect the courts located therein.
76           (4) Counties shall be subject to acts of the legislature prescribing
77       limits of indebtedness.

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  1           (5) In the exercise of powers of local legislation and administration
  2       authorized under provisions of this section, the home rule power con-
  3       ferred on cities to determine their local affairs and government shall not
  4       be superseded or impaired without the consent of the governing body of
  5       each city within a county which may be affected.
  6           (6) Counties may not legislate on social welfare administered under
  7       state law enacted pursuant to or in conformity with public law No.
  8       271--74th congress, or amendments thereof.
  9           (7) Counties shall be subject to all acts of the legislature concerning
10       elections, election commissioners and officers and their duties as such
11       officers and the election of county officers.
12           (8) Counties shall be subject to the limitations and prohibitions im-
13       posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,
14       prescribing limitations upon the levy of retailers' sales taxes by counties.
15           (9) Counties may not exempt from or effect changes in statutes made
16       nonuniform in application solely by reason of authorizing exceptions for
17       counties having adopted a charter for county government.
18           (10) No county may levy ad valorem taxes under the authority of this
19       section upon real property located within any redevelopment area estab-
20       lished under the authority of K.S.A. 12-1772, and amendments thereto,
21       unless the resolution authorizing the same specifically authorized a por-
22       tion of the proceeds of such levy to be used to pay the principal of and
23       interest upon bonds issued by a city under the authority of K.S.A. 12-
24       1774, and amendments thereto.
25           (11) Counties shall have no power under this section to exempt from
26       any statute authorizing or requiring the levy of taxes and providing sub-
27       stitute and additional provisions on the same subject, unless the resolution
28       authorizing the same specifically provides for a portion of the proceeds
29       of such levy to be used to pay a portion of the principal and interest on
30       bonds issued by cities under the authority of K.S.A. 12-1774, and amend-
31       ments thereto.
32           (12) Counties may not exempt from or effect changes in the provi-
33       sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments thereto.
34           (13) Except as otherwise specifically authorized by K.S.A. 12-1,101
35       to 12-1,109, inclusive, and amendments thereto, counties may not levy
36       and collect taxes on incomes from whatever source derived.
37           (14) Counties may not exempt from or effect changes in K.S.A. 19-
38       430, and amendments thereto. Any charter resolution adopted by a
39       county prior to July 1, 1983, exempting from or effecting changes in
40       K.S.A. 19-430, and amendments thereto, is null and void.
41           (15) Counties may not exempt from or effect changes in K.S.A. 19-
42       302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.
43           (16) Counties may not exempt from or effect changes in K.S.A. 13-

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  1       13a26, and amendments thereto. Any charter resolution adopted by a
  2       county, prior to the effective date of this act, exempting from or effecting
  3       changes in K.S.A. 13-13a26, and amendments thereto, is null and void.
  4           (17) Counties may not exempt from or effect changes in K.S.A. 71-
  5       301, and amendments thereto. Any charter resolution adopted by a
  6       county, prior to the effective date of this act, exempting from or effecting
  7       changes in K.S.A. 71-301, and amendments thereto, is null and void.
  8           (18) Counties may not exempt from or effect changes in K.S.A. 19-
  9       15,139, 19-15,140 and 19-15,141, and amendments thereto. Any charter
10       resolution adopted by a county prior to the effective date of this act,
11       exempting from or effecting changes in such sections is null and void.
12           (19) Counties may not exempt from or effect changes in the provi-
13       sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and
14       12-1226, and amendments thereto, or the provisions of K.S.A. 1997 Supp.
15       12-1260 to 12-1270, inclusive, and amendments thereto, and 12-1276,
16       and amendments thereto.
17           (20) Counties may not exempt from or effect changes in the provi-
18       sions of K.S.A. 19-211, and amendments thereto.
19           (21) Counties may not exempt from or effect changes in the provi-
20       sions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments thereto.
21           (22) Counties may not regulate the production or drilling of any oil
22       or gas well in any manner which would result in the duplication of reg-
23       ulation by the state corporation commission and the Kansas department
24       of health and environment pursuant to chapter 55 and chapter 65 of the
25       Kansas Statutes Annotated and any rules and regulations adopted pur-
26       suant thereto. Counties may not require any license or permit for the
27       drilling or production of oil and gas wells. Counties may not impose any
28       fee or charge for the drilling or production of any oil or gas well.
29           (23) Counties may not exempt from or effect changes in K.S.A. 79-
30       41a04, and amendments thereto.
31           (24) Counties may not exempt from or effect changes in K.S.A. 1997
32       Supp. 79-1611, and amendments thereto.
33           (25) Counties may not exempt from or effect changes in K.S.A. 1997
34       Supp. 79-1494, and amendments thereto.
35           (26) Counties may not exempt from or effect changes in subsection
36       (b) of K.S.A. 19-202, and amendments thereto.
37           (27) Counties may not exempt from or effect changes in subsection
38       (b) of K.S.A. 19-204, and amendments thereto.
39           (28) Counties may not exempt from or effect changes in section 1, and
40       amendments thereto.
41           (b) Counties shall apply the powers of local legislation granted in
42       subsection (a) by resolution of the board of county commissioners. If no
43       statutory authority exists for such local legislation other than that set forth

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  1       in subsection (a) and the local legislation proposed under the authority
  2       of such subsection is not contrary to any act of the legislature, such local
  3       legislation shall become effective upon passage of a resolution of the
  4       board and publication in the official county newspaper. If the legislation
  5       proposed by the board under authority of subsection (a) is contrary to an
  6       act of the legislature which is applicable to the particular county but not
  7       uniformly applicable to all counties, such legislation shall become effec-
  8       tive by passage of a charter resolution in the manner provided in K.S.A.
  9       19-101b, and amendments thereto.
10           Sec. 6. K.S.A. 22-2601 is hereby amended to read as follows: 22-
11       2601. Except as provided in section 1, and amendments thereto, the dis-
12       trict court shall have exclusive jurisdiction to try all cases of felony and
13       other criminal cases under the laws of the state of Kansas.
14           Sec. 7. K.S.A. 12-4104 and 22-2601 and K.S.A. 1997 Supp. 8-2106,
15       8-2107 and 19-101a are hereby repealed.
16           Sec. 8. This act shall take effect and be in force from and after its
17       publication in the statute book.
18      
19