HOUSE BILL No. 3033 An Act concerning courts; resolving conflicting amendments; amending K.S.A. 1997 Supp.
20-302b and repealing the existing section; also repealing K.S.A. 1997 Supp. 20-302c. Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 20-302b is hereby amended to read as
follows: 20-302b. (a) A district magistrate judge shall have the jurisdiction,
power and duty, in any case in which a violation of the laws of the state
is charged, to conduct the trial of traffic infractions, cigarette or tobacco
infractions or misdemeanor charges and the preliminary examination of
felony charges. In civil cases, a district magistrate judge shall have con-
current jurisdiction, powers and duties with a district judge, except that,
unless otherwise specifically provided in subsection (b), a district magis-
trate judge shall not have jurisdiction or cognizance over the following
actions:

    (1) Any action, other than an action seeking judgment for an unse-
cured debt not sounding in tort and arising out of a contract for the
provision of goods, services or money, in which the amount in contro-
versy, exclusive of interests and costs, exceeds $10,000, except that in
actions of replevin, the affidavit in replevin or the verified petition fixing
the value of the property shall govern the jurisdiction; nothing in this
paragraph shall be construed as limiting the power of a district magistrate
judge to hear any action pursuant to the Kansas probate code or to issue
support orders as provided by paragraph (6) of this subsection;

    (2) actions against any officers of the state, or any subdivisions
thereof, for misconduct in office;

    (3) actions for specific performance of contracts for real estate;

    (4) actions in which title to real estate is sought to be recovered or
in which an interest in real estate, either legal or equitable, is sought to
be established, except that nothing in this paragraph shall be construed
as limiting the right to bring an action for forcible detainer as provided
in the acts contained in article 23 of chapter 61 of the Kansas Statutes
Annotated, and any acts amendatory thereof or supplemental thereto; and
nothing in this paragraph shall be construed as limiting the power of a
district magistrate judge to hear any action pursuant to the Kansas probate
code;

    (5) actions to foreclose real estate mortgages or to establish and fore-
close liens on real estate as provided in the acts contained in article 11 of
chapter 60 of the Kansas Statutes Annotated, and any acts amendatory
thereof or supplemental thereto;

    (6) actions for divorce, separate maintenance or custody of minor
children, except that nothing in this paragraph shall be construed as lim-
iting the power of a district magistrate judge to: (A) Hear any action
pursuant to the Kansas code for care of children or the Kansas juvenile
offenders justice code; (B) establish, modify or enforce orders of support,
including, but not limited to, orders of support pursuant to the Kansas
parentage act, K.S.A. 23-451 et seq., 39-718a, 39-718b, 39-755 or 60-1610
or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through 23-4,137, 38-
1542, 38-1543 or 38-1563, and amendments thereto; or (C) enforce or-
ders granting a parent visitation rights to the parent's child;

    (7) habeas corpus;

    (8) receiverships;

    (9) change of name;

    (10) declaratory judgments;

    (11) mandamus and quo warranto;

    (12) injunctions;

    (13) class actions;

    (14) rights of majority;

    (15) actions pursuant to the protection from abuse act; and

    (16) actions pursuant to K.S.A. 59-29a01 et seq. and amendments
thereto.

    (b) Notwithstanding the provisions of subsection (a), in the absence,
disability or disqualification of a district judge, a district magistrate judge
may:

    (1) Grant a restraining order, as provided in K.S.A. 60-902 and
amendments thereto;

    (2) appoint a receiver, as provided in K.S.A. 60-1301 and amend-
ments thereto;

    (3) make any order authorized by K.S.A. 60-1607 and amendments
thereto; and

    (4) grant any order authorized by the protection from abuse act.

    (c) In accordance with the limitations and procedures prescribed by
law, and subject to any rules of the supreme court relating thereto, any
appeal permitted to be taken from an order or final decision of a district
magistrate judge shall be tried and determined de novo by a district judge,
except that in civil cases where a record was made of the action or pro-
ceeding before the district magistrate judge, the appeal shall be tried and
determined on the record by a district judge.

    (d) Upon motion of a party, the administrative judge may reassign an
action from a district magistrate judge to a district judge.

    Sec. 2. K.S.A. 1997 Supp. 20-302b and 20-302c are hereby repealed.

    Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

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

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Speaker of the House.

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Chief Clerk of the House.

Passed the Senate __________________________

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President of the Senate

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Secretary of the Senate.

Aproved __________________________________

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Governor.