Session of 1998
SENATE BILL No. 553
By Committee on Judiciary
1-30
9
AN ACT concerning judges; relating to
administrative judges; amending
10 K.S.A. 19-204a,
19-15,123, 19-4705, 19-4737, 19-4809, 19-4810, 19-
11 4811, 20-158, 20-159,
20-163, 20-310a, 20-311d, 20-319, 20-329, 20-
12 335, 20-343, 20-345,
20-347, 20-349, 20-350, 20-357, 20-365, 20-438,
13 20-3013, 22-2804,
22-2807, 22-3101, 22-3609, 22-3708, 22-4009, 23-
14 494, 23-499, 23-4,118,
23-701, 38-555, 38-1812, 39-1702, 59-2402, 59-
15 2402a, 59-2402b,
59-2402d, 59-2408, 60-465a, 60-2601a, 60-3502,
16 60-3503, 60-3505,
61-1720, 61-1724, 61-2103, 61-2709, 65-205,
17 65-4901, 65-4902,
65-4904, 74-2434, 75-3120g, 75-5297, 75-52,110,
18 79-1494 and 79-2804
and K.S.A. 1997 Supp. 8-1008, 12-4509, 20-302b,
19 21-4502, 22-3609a,
23-496, 23-497, 23-498, 38-1808, 44-555c and
20 72-8906 and repealing
the existing sections; also repealing K.S.A. 1997
21 Supp. 20-302c.
22
23 Be it enacted by the Legislature of the
State of Kansas:
24 Section 1. K.S.A.
1997 Supp. 8-1008 is hereby amended to read as
25 follows: 8-1008. (a) Community-based
alcohol and drug safety action pro-
26 grams certified in accordance with
subsection (b) shall provide:
27 (1) Presentence alcohol
and drug evaluations of any person who is
28 convicted of a violation of K.S.A. 8-1567
and amendments thereto, or the
29 ordinance of a city in this state which
prohibits the acts prohibited by that
30 statute;
31 (2) supervision and
monitoring of all persons who are convicted of a
32 violation of K.S.A. 8-1567 and amendments
thereto, or the ordinance of
33 a city in this state which prohibits the
acts prohibited by that statute, and
34 whose sentences or terms of probation
require completion of an alcohol
35 and drug safety action program, as provided
in this section, or an alcohol
36 and drug abuse treatment program, as
provided in this section;
37 (3) alcohol and drug
evaluations of persons whom the prosecutor con-
38 siders for eligibility or finds eligible to
enter a diversion agreement in lieu
39 of further criminal proceedings on a
complaint alleging a violation of
40 K.S.A. 8-1567 and amendments thereto, or
the ordinance of a city in this
41 state which prohibits the acts prohibited
by that statute;
42 (4) supervision and
monitoring of persons required, under a diversion
43 agreement in lieu of further criminal
proceedings on a complaint alleging
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1 a violation of K.S.A. 8-1567 and
amendments thereto, or the ordinance
2 of a city in this state which
prohibits the acts prohibited by that statute,
3 to complete an alcohol and drug
safety action program, as provided in
4 this section, or an alcohol and drug
abuse treatment program, as provided
5 in this section; or
6 (5) any
combination of (1), (2), (3) and (4).
7 (b) The
presentence alcohol and drug evaluation shall be conducted
8 by a community-based alcohol and drug
safety action program certified
9 in accordance with the provisions of
this subsection to provide evaluation
10 and supervision services as described in
subsections (c) and (d). A com-
11 munity-based alcohol and drug safety action
program shall be certified
12 either by the
administrative chief judge of the judicial
district to be served
13 by the program or by the secretary of
social and rehabilitation services
14 for judicial districts in which the
administrative chief judge declines to
15 certify a program. In addition to any
qualifications established by the
16 secretary, the
administrative chief judge may establish
qualifications for
17 the certification of programs, which
qualifications may include require-
18 ments for training, education and
certification of personnel; supervision
19 and monitoring of clients; fee
reimbursement procedures; handling of
20 conflicts of interest; delivery of services
to clients unable to pay; and other
21 matters relating to quality and delivery of
services by the program. In
22 establishing the qualifications for
programs, the administrative chief
judge
23 or the secretary shall give preference to
those programs which have had
24 practical experience prior to July 1, 1982,
in diagnosis and referral in
25 alcohol and drug abuse. Certification of a
program by the administrative
26 chief judge shall be done with
consultation and approval of a majority of
27 the judges of the district court of the
district and municipal judges of
28 cities lying in whole or in part within the
district. If within 60 days after
29 the effective date of this act the
administrative chief judge declines to
30 certify any program for the judicial
district, the judge shall notify the
31 secretary of social and rehabilitation
services, and the secretary of social
32 and rehabilitation services shall certify a
community-based alcohol and
33 drug safety action program for that
judicial district. The certification shall
34 be for a four-year period. Recertification
of a program or certification of
35 a different program shall be by the
administrative chief judge, with con-
36 sultation and approval of a majority of the
judges of the district court of
37 the district and municipal judges of cities
lying in whole or in part within
38 the district. If upon expiration of
certification of a program there will be
39 no certified program for the district and
the administrative chief judge
40 declines to recertify or certify any
program in the district, the judge shall
41 notify the secretary of social and
rehabilitation services, at least six months
42 prior to the expiration of certification,
that the judge declines to recertify
43 or certify a program under this subsection.
Upon receipt of the notice
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1 and prior to the expiration of
certification, the secretary shall recertify or
2 certify a community-based alcohol and
drug safety action program for the
3 judicial district for the next
four-year period. To be eligible for certifi-
4 cation under this subsection, the
administrative chief judge or the sec-
5 retary of social and rehabilitation
services shall determine that a com-
6 munity-based alcohol and drug safety
action program meets the
7 qualifications established by the
judge or secretary and is capable of pro-
8 viding, within the judicial district:
(1) The evaluations, supervision and
9 monitoring required under subsection
(a); (2) the alcohol and drug eval-
10 uation report required under subsection (c)
or (d); (3) the follow-up du-
11 ties specified under subsection (c) or (d)
for persons who prepare the
12 alcohol and drug evaluation report; and (4)
any other functions and duties
13 specified by law. Community-based alcohol
and drug safety action pro-
14 grams performing services in any judicial
district under this section prior
15 to the effective date of this act may
continue to perform those services
16 until a community-based alcohol and drug
safety action program is cer-
17 tified for that judicial district.
18 (c) A presentence
alcohol and drug evaluation shall be conducted on
19 any person who is convicted of a violation
of K.S.A. 8-1567 and amend-
20 ments thereto, or the ordinance of a city
in this state which prohibits the
21 acts prohibited by that statute. The
presentence alcohol and drug evalu-
22 ation report shall be made available to and
shall be considered by the
23 court prior to sentencing. The presentence
alcohol and drug evaluation
24 report shall contain a history of the
defendant's prior traffic record, char-
25 acteristics and alcohol or drug problems,
or both, and a recommendation
26 concerning the amenability of the defendant
to education and rehabili-
27 tation. The presentence alcohol and drug
evaluation report shall include
28 a recommendation concerning the alcohol and
drug driving safety edu-
29 cation and treatment for the defendant. The
presentence alcohol and
30 drug evaluation report shall be prepared by
a program which has dem-
31 onstrated practical experience in the
diagnosis of alcohol and drug abuse.
32 The duties of persons who prepare the
presentence alcohol and drug
33 evaluation report may also include
appearing at sentencing and probation
34 hearings in accordance with the orders of
the court, monitoring defend-
35 ants in the treatment programs, notifying
the probation department and
36 the court of any defendant failing to meet
the conditions of probation or
37 referrals to treatment, appearing at
revocation hearings as may be re-
38 quired and providing assistance and data
reporting and program evalua-
39 tion. The cost of any alcohol and drug
education, rehabilitation and treat-
40 ment programs for any person shall be paid
by such person, and such
41 costs shall include, but not be limited to,
the assessments required by
42 subsection (e). If financial obligations
are not met or cannot be met, the
43 sentencing court shall be notified for the
purpose of collection or review
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1 and further action on the defendant's
sentence.
2 (d) An alcohol and
drug evaluation shall be conducted on any person
3 whom the prosecutor considers for
eligibility or finds eligible to enter a
4 diversion agreement in lieu of
further criminal proceedings on a com-
5 plaint alleging a violation of K.S.A.
8-1567 and amendments thereto, or
6 the ordinance of a city in this state
which prohibits the acts prohibited by
7 that statute. The alcohol and drug
evaluation report shall be made avail-
8 able to the prosecuting attorney and
shall be considered by the prose-
9 cuting attorney. The alcohol and drug
evaluation report shall contain a
10 history of the person's prior traffic
record, characteristics and alcohol or
11 drug problems, or both, and a
recommendation concerning the amena-
12 bility of the person to education and
rehabilitation. The alcohol and drug
13 evaluation report shall include a
recommendation concerning the alcohol
14 and drug driving safety education and
treatment for the person. The al-
15 cohol and drug evaluation report shall be
prepared by a program which
16 has demonstrated practical experience in
the diagnosis of alcohol and
17 drug abuse. The duties of persons who
prepare the alcohol and drug
18 evaluation report may also include
monitoring persons in the treatment
19 programs, notifying the prosecutor and the
court of any person failing to
20 meet the conditions of diversion or
referrals to treatment, and providing
21 assistance and data reporting and program
evaluation. The cost of any
22 alcohol and drug education, rehabilitation
and treatment programs for
23 any person shall be paid by such person,
and such costs shall include, but
24 not be limited to, the assessments required
by subsection (e).
25 (e) In addition to any
fines, fees, penalties or costs levied against a
26 person who is convicted of a violation of
K.S.A. 8-1567 and amendments
27 thereto, or the ordinance of a city in this
state which prohibits the acts
28 prohibited by that statute, or who enters a
diversion agreement in lieu of
29 further criminal proceedings on a complaint
alleging a violation of that
30 statute or such an ordinance, $125 shall be
assessed against the person
31 by the sentencing court or under the
diversion agreement. The $125
32 assessment may be waived by the court or,
in the case of diversion of
33 criminal proceedings, by the prosecuting
attorney, if the court or prose-
34 cuting attorney finds that the defendant is
an indigent person. Except as
35 otherwise provided in this subsection, the
clerk of the court shall deposit
36 all assessments received under this section
in the alcohol and drug safety
37 action fund of the court, which fund shall
be subject to the administration
38 of the judge having administrative
authority over that court. If the sec-
39 retary of social and rehabilitation
services certifies the community-based
40 alcohol and drug safety action program for
the judicial district in which
41 the court is located, the clerk of the
court shall remit, during the four-
42 year period for which the program is
certified, 15% of all assessments
43 received under this section to the
secretary of social and rehabilitation
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1 services. Moneys credited to the
alcohol and drug safety action fund shall
2 be expended by the court, pursuant to
vouchers signed by the judge
3 having administrative authority over
that court, only for costs of the serv-
4 ices specified by subsection (a) or
otherwise required or authorized by
5 law and provided by community-based
alcohol and drug safety action
6 programs, except that not more than
10% of the money credited to the
7 fund may be expended to cover the
expenses of the court involved in
8 administering the provisions of this
section. In the provision of these
9 services the court shall contract as
may be necessary to carry out the
10 provisions of this section. The district or
municipal judge having admin-
11 istrative authority over that court shall
compile a report and send such
12 report to the office of the state judicial
administrator on or before January
13 20 of each year, beginning January 20,
1991. Such report shall include,
14 but not be limited to:
15 (1) The balance of the
alcohol and drug safety action fund of the court
16 on December 31 of each year;
17 (2) the assessments
deposited into the fund during the 12-month pe-
18 riod ending the preceding December 31;
and
19 (3) the dollar amounts
expended from the fund during the 12-month
20 period ending the preceding December
31.
21 The office of the state
judicial administrator shall compile such reports
22 into a statewide report and submit such
statewide report to the legislature
23 on or before March 1 of each year.
24 (f) The secretary of
social and rehabilitation services shall remit all
25 moneys received by the secretary under this
section to the state treasurer
26 at least monthly. Upon receipt of the
remittance, the state treasurer shall
27 deposit the entire amount in the state
treasury and credit it to the certi-
28 fication of community-based alcohol and
drug safety action programs fee
29 fund, which is hereby created. All
expenditures from such fund shall be
30 made in accordance with appropriation acts
upon warrants issued pur-
31 suant to vouchers approved by the secretary
of social and rehabilitation
32 services or a person designated by the
secretary.
33 Sec. 2. K.S.A. 1997
Supp. 12-4509 is hereby amended to read as
34 follows: 12-4509. (a) Whenever a person is
found guilty of the violation
35 of an ordinance, the municipal judge
may:
36 (1) Release the person
without imposition of sentence;
37 (2) release the person
on probation after the imposition of sentence,
38 without imprisonment or the payment of a
fine or a portion thereof,
39 subject to conditions imposed by the court
as provided in subsection (e);
40 or
41 (3) impose such sentence
of fine or imprisonment, or both, as au-
42 thorized for the ordinance violation.
43 (b) In addition to or in
lieu of any other sentence authorized by law,
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1 whenever a person is found guilty of
the violation of an ordinance and
2 there is evidence that the act
constituting the violation of the ordinance
3 was substantially related to the
possession, use or ingestion of cereal malt
4 beverage or alcoholic liquor by such
person, the judge may order such
5 person to attend and satisfactorily
complete an alcohol or drug education
6 or training program certified by the
administrative chief judge of the
7 judicial district or licensed by the
secretary of social and rehabilitation
8 services.
9 (c) Except as
provided in subsection (d), in addition to or in lieu of
10 any other sentence authorized by law,
whenever a person is convicted of
11 having violated, while under 21 years of
age, an ordinance prohibiting an
12 act prohibited by the uniform controlled
substances act (K.S.A. 65-4101
13 et seq. and amendments thereto) or
K.S.A. 41-719, 41-727, 65-4152,
14 65-4153, 65-4154 or 65-4155 or K.S.A. 1997
Supp. 8-1599, and amend-
15 ments thereto, the municipal judge shall
order such person to submit to
16 and complete an alcohol and drug evaluation
by a community-based al-
17 cohol and drug safety action program
certified pursuant to K.S.A. 8-1008
18 and amendments thereto and to pay a fee not
to exceed the fee estab-
19 lished by that statute for such evaluation.
If the judge finds that the person
20 is indigent, the fee may be waived.
21 (d) If the person is 18
or more years of age but less than 21 years of
22 age and is convicted of a violation of
K.S.A. 41-727, and amendments
23 thereto, involving cereal malt beverage,
the provisions of subsection (c)
24 are permissive and not mandatory.
25 (e) The court may impose
any conditions of probation or suspension
26 of sentence that the court deems proper,
including, but not limited to,
27 requiring that the defendant:
28 (1) Avoid such injurious
or vicious habits, as directed by the court or
29 the probation officer;
30 (2) avoid such persons
or places of disreputable or harmful character,
31 as directed by the court or the probation
officer;
32 (3) report to the
probation officer as directed;
33 (4) permit the probation
officer to visit the defendant at home or
34 elsewhere;
35 (5) work faithfully at
suitable employment insofar as possible;
36 (6) remain within the
state unless the court grants permission to
37 leave;
38 (7) pay a fine or costs,
applicable to the ordinance violation, in one
39 or several sums and in the manner as
directed by the court;
40 (8) support the
defendant's dependents;
41 (9) reside in a
residential facility located in the community and par-
42 ticipate in educational counseling, work
and other correctional or reha-
43 bilitative programs;
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1 (10) perform
community or public service work for local govern-
2 mental agencies, private corporations
organized not for profit, or chari-
3 table or social service organizations
performing services for the commu-
4 nity;
5 (11) perform
services under a system of day fines whereby the de-
6 fendant is required to satisfy fines,
costs or reparation or restitution ob-
7 ligations by performing services for
a period of days determined by the
8 court on the basis of ability to pay,
standard of living, support obligations
9 and other factors;
10 (12) make reparation or
restitution to the aggrieved party for the
11 damage or loss caused by the defendant's
crime, in an amount and man-
12 ner determined by the court and to the
person specified by the court; or
13 (13) reimburse the city,
in accordance with any order made under
14 subsection (f), for all or a part of the
reasonable expenditures by the city
15 to provide counsel and other defense
services to the defendant.
16 (f) In addition to or in
lieu of any other sentence authorized by law,
17 whenever a person is found guilty of the
violation of an ordinance the
18 judge may order such person to reimburse
the city for all or a part of the
19 reasonable expenditures by the city to
provide counsel and other defense
20 services to the defendant. In determining
the amount and method of
21 payment of such sum, the court shall take
account of the financial re-
22 sources of the defendant and the nature of
the burden that payment of
23 such sum will impose. A defendant who has
been required to pay such
24 sum and who is not willfully in default in
the payment thereof may at any
25 time petition the court which sentenced the
defendant to waive payment
26 of such sum or of any unpaid portion
thereof. If it appears to the satis-
27 faction of the court that payment of the
amount due will impose manifest
28 hardship on the defendant or the
defendant's immediate family, the court
29 may waive payment of all or part of the
amount due or modify the method
30 of payment.
31 Sec. 3. K.S.A.
19-204a is hereby amended to read as follows: 19-
32 204a. (a) When the voters
of a county approve a change in the number
33 of county commissioner districts at an
election held under K.S.A. 19-204,
34 and amendments thereto, the board of county
commissioners, on or be-
35 fore January 1 immediately following such
election, shall adopt a reso-
36 lution dividing the county into the number
of districts approved by the
37 voters. If the board of county
commissioners fails to adopt such resolution
38 within the time prescribed, the
administrative chief judge of the
district
39 court of the county, on or before the
following January 31, shall order
40 the county divided into the appropriate
number of districts.
41 Sec. 4. K.S.A.
19-15,123 is hereby amended to read as follows: 19-
42 15,123. The board of county commissioners
of any county in this state
43 having a population of more than
;(tri-stars)ree hundred thousand (300,000)
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1 300,000 may provide additional
courtrooms, offices and other facilities as
2 are required by the district court
judge to carry out probate and juvenile
3 matters. Said
The quarters and facilities shall be constructed and
fur-
4 nished in available space of the
courthouse. The said board of county
5 commissioners is hereby authorized to
issue no-fund warrants or general
6 obligation bonds for the purpose of
paying all costs incurred in providing
7 additional quarters and facilities.
Before such warrants shall be issued the
8 board of county commissioners shall
have received from the administra-
9 tive chief
judge of the district court a resolution certifying to the
necessity
10 of additional quarters. Such no-fund
warrants shall be issued in the man-
11 ner and form, bear interest and be redeemed
as prescribed by K.S.A. 79-
12 2940 and amendments thereto, except
that ;(tri-stars)ey warrants may be
issued
13 without approval of the state board of tax
appeals, and without the no-
14 tation required by said
section K.S.A. 79-2940 and amendments thereto.
15 The board of county commissioners shall
make a tax levy at the first tax
16 levying period after such warrants are
issued, sufficient to pay such war-
17 rants and the interest thereon. In lieu of
making only one tax levy, the
18 board of county commissioners may, if it
deems it advisable, make a tax
19 levy each year for not to exceed five
(5) years in approximately equal
20 installments for the purpose of paying
said the warrants and the interest
21 thereon. All such tax levies shall be in
addition to all other levies author-
22 ized or limited by law and shall not be
subject to or within the aggregate
23 tax levy limitation prescribed by article
19 of chapter 79 of the Kansas
24 Statutes Annotated and ;a/cts
amendatory thereof amendments thereto.
25 None of the provisions of the state budget
law shall apply to any expend-
26 iture which has been provided for by the
issuance of warrants under this
27 act. General obligation bonds issued under
the authority of this act shall
28 be issued in the manner prescribed by the
general bond law but shall not
29 be subject to or within any bonded debt
limitation prescribed by any other
30 law of this state and shall not be
considered or included in applying any
31 other law limiting bonded indebtedness.
32 Sec. 5. K.S.A.
19-4705 is hereby amended to read as follows: 19-
33 4705. Any action brought in accordance with
the code shall be presided
34 over by a district court judge designated
by the administrative chief judge
35 of the district court presiding in the
county or a judge pro tem who shall
36 be appointed by and serve at the pleasure
of the administrative chief judge
37 of the district court presiding in the
county, in accordance with the pro-
38 visions of subsection (e) of K.S.A. 20-310a
and amendments thereto. If a
39 judge pro tem presides over such action,
such judge pro tem shall receive
40 a salary and other compensation set by
resolution of the board of county
41 commissioners and paid from the revenues of
the county general fund or
42 other fund established for the purpose of
financing the costs of enforce-
43 ment and prosecution of violations of
county codes and resolutions pur-
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1 suant to the code. If a district
court judge presides over such action, such
2 district court judge shall not be
entitled to any additional compensation
3 or expense payments.
4
Sec. 6. K.S.A. 19-4737 is hereby amended to read as
follows: 19-
5 4737. (a) An appeal may be taken from
any judgment under the code for
6 the enforcement of county codes and
resolutions. All appeals shall be by
7 notice of appeal specifying the party
or parties taking the appeal and the
8 order, ruling, decision or judgment
complained of and shall be filed with
9 the clerk of the district court
within 10 days after entry of judgment. All
10 appeals shall be tried and determined de
novo before a district judge,
11 other than the judge from which the appeal
is taken. The provisions of
12 K.S.A. 60-2001 and 61-1716, and amendments
thereto, shall be applicable
13 to actions appealed pursuant to this
subsection. The appealing party shall
14 cause notice of the appeal to be served
upon all other parties to the action
15 in accordance with the provisions of K.S.A.
60-205 and amendments
16 thereto. An appeal shall be perfected upon
the filing of the notice of
17 appeal. When the appeal is perfected, the
clerk of the court or the judge
18 from which the appeal is taken shall refer
the case to the administrative
19 chief judge for assignment in
accordance with this section. All proceedings
20 for the enforcement of any judgment under
the code for the enforcement
21 of county codes and resolutions shall be
stayed during the time within
22 which an appeal may be taken and during the
pendency of an appeal,
23 without the necessity of the appellant
filing a supersedeas bond.
24 (b) Any order, ruling,
decision or judgment rendered by a district
25 judge on an appeal taken pursuant to
subsection (a) may be appealed in
26 the manner provided in article 21 of
chapter 60 of the Kansas Statutes
27 Annotated.
28 Sec. 7. K.S.A.
19-4809 is hereby amended to read as follows: 19-
29 4809. (a) If a local fund is created
pursuant to this act, the administrative
30 chief judge of the judicial district
within which the county exists shall
31 create a payments docket to monitor the
payment of criminal restitution
32 in criminal convictions ordered by judges
in the district court in such
33 county. Such restitution orders shall
comply with administrative order No.
34 41 of the supreme court of Kansas. The
administrative chief judge may
35 assign a judge or judges of the court to
administer the payments docket.
36 Such assigned judge may be a district
judge, a district magistrate judge,
37 or a judge pro tem. The assigned
judge shall call the docket and review
38 cases placed on such payments docket at
least quarterly. Such assigned
39 judge shall insure that required staff is
monitoring the timely payment of
40 reparation or restitution ordered, and take
such action as is necessary to
41 insure payment as allowed in administrative
order No. 41 of the supreme
42 court of Kansas.
43 (b) For good cause
shown, if an offender is delinquent in payment
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1 of restitution, fines or court costs,
the assigned judge may decrease the
2 amount of restitution required to be
paid.
3 (c) In determining
the appropriate amount of restitution to be
4 awarded in such a hearing or other
steps the court may take to insure
5 restitution is paid promptly, the
court shall determine:
6 (1) The amount of
money appropriate for full restitution to victims
7 and interested collateral
sources;
8 (2) whether the
offender can pay by means other than cash;
9 (3) whether
collateral, guarantors or other forms of copayment should
10 be authorized;
11 (4) the delinquent
offender's means to pay in full;
12 (5) the delinquent
offender's means were adequately assessed in de-
13 termining the original restitution
award;
14 (6) the risk the
offender poses for nonpayment of restitution; and
15 (7) the victim's desires
concerning restitution payments.
16 Sec. 8. K.S.A.
19-4810 is hereby amended to read as follows: 19-
17 4810. The county or district attorney in
any county where a local fund is
18 created shall appoint a property crime
compensation coordinator. The
19 costs of such employee shall be paid by the
county in a manner decided
20 by the county commission. If more than one
county contained within a
21 judicial district desires to appoint a
property crime compensation coor-
22 dinator, the commissions may agree through
an interlocal agreement pur-
23 suant to K.S.A. 12-2901 et seq and
amendments thereto that one or more
24 of such appointees may serve multiple
counties.
25 The property crime
compensation coordinator shall provide each vic-
26 tim who files a claim under this act the
following information:
27 (a) Assistance in
filling out applications for assistance;
28 (b) make preliminary
investigations of such claim to insure a loss oc-
29 curred;
30 (c) if the crime
includes a personal injury, assist the victim in making
31 a claim with the state crime victims
compensation board;
32 (d) insure that prior to
a sentencing hearing the county or district
33 attorney has information sufficient to
recommend an appropriate amount
34 of restitution for the victim or other
party which has suffered loss because
35 of the commission of such crime;
36 (e) notify the local
board whether the victim has cooperated fully with
37 law enforcement agencies in prosecuting the
crime;
38 (f) determine and
recommend whether the victim desires to receive
39 a lump-sum payment from the local board in
lieu of restitution or desires
40 full restitution paid directly by the
criminal;
41 (g) work with court
services and probation officers to track restitution
42 payments ordered, and if a delinquency
develops, to place such case on
43 the payments docket for review;
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1 (h) coordinate
with court service officers or parole officers to insure
2 offenders who are making restitution
payments adhere to a payment plan;
3 (i) coordinate
meetings of the local board or boards;
4 (j) recommend an
amount of money to be paid by such local board
5 or boards as compensation for each
claim; and
6 (k) make annual
reports on the progress of the program to the
ad-
7 ministrative
chief judge with recommendations for improving the pro-
8 gram.
9
Sec. 9. K.S.A. 19-4811 is hereby amended to read as
follows: 19-
10 4811. The administrative
chief judge shall, annually, cause to be compiled
11 a report of the property crime compensation
fund or funds existing within
12 such judicial district and forward such
report to the office of judicial
13 administration by the first day of December
of the year beginning the
14 next full year after implementation of such
local program. The office of
15 judicial administration shall compile such
reports submitted by adminis-
16 trative chief
judges, and send a composite report annually to the governor
17 and the state legislature.
18 Sec. 10. K.S.A.
20-158 is hereby amended to read as follows: 20-158.
19 The chief justice of the supreme court
shall be responsible for the prep-
20 aration of the budget for the judicial
branch of state government, with
21 such assistance as the chief justice may
require from the judicial admin-
22 istrator, the chief judge of the court of
appeals and the administrative
23 chief judge of each judicial
district. Each district court and the court of
24 appeals shall submit their budget requests
to the chief justice in such
25 form and at such time as the chief justice
may require. The chief justice
26 shall submit to the director of the budget
the annual budget request for
27 the judicial branch of state government for
inclusion in the annual budget
28 document for appropriations for the
judiciary. Such budget shall be pre-
29 pared and submitted in the manner provided
by K.S.A. 75-3716 and
30 75-3717 and amendments thereto. Such
budget shall include the request
31 for expenditures for retired justices and
judges performing judicial serv-
32 ices or duties under K.S.A. 20-2616 and
amendments thereto as a separate
33 item therein. The director of the budget
shall review and may make such
34 recommendations to the legislature for
proposed changes in such budget
35 as the director deems necessary and
appropriate.
36 Sec. 11. K.S.A.
20-159 is hereby amended to read as follows: 20-159.
37 The supreme court may provide for and
authorize any administrative chief
38 judge of a judicial district, to
photograph, microphotograph or reproduce
39 or to have photographed, microphotographed
or reproduced on film any
40 of the court records, papers or documents
which are by law placed in the
41 courts of that judicial district and to
acquire necessary facilities and equip-
42 ment and to acquire, maintain and use all
such appropriate containers
43 and files as shall be necessary to
accommodate and preserve the photo-
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12
1 graphs, microphotographs or films so
obtained. The photographing, mi-
2 crophotographing or filming may be so
authorized for the reproducing of
3 court records, where to do so will
promote efficiency in the office, or as
4 a method of preserving old or worn
records, papers or documents. The
5 photographic films and prints or
reproductions therefrom, shall comply
6 with federal standard no. 125a, dated
April 24, 1958, or the latest revision
7 thereof, issued pursuant to the
federal property and administrative serv-
8 ices act of 1949, and
any amendments thereto. The device used to
repro-
9 duce such records on such film shall
be one which accurately reproduces
10 the original thereof in all details.
11 Sec. 12. K.S.A.
20-163 is hereby amended to read as follows: 20-163.
12 (a) The official station of each justice of
the supreme court and judge of
13 the court of appeals shall be the county
seat of the county where the
14 justice or judge maintains an actual abode
in which the justice or judge
15 customarily lives.
16 (b) The
administrative chief judge of the judicial
district in which a
17 justice of the supreme court or judge of
the court of appeals has the
18 justice's or judge's official station,
shall provide suitable office space upon
19 request by the justice or judge for use by
the justice or judge and the
20 justice's or judge's staff personnel. Such
office space shall be in or adja-
21 cent to the district court courtrooms and
offices at the official station of
22 the justice or judge. Notwithstanding the
foregoing provisions, no office
23 space shall be provided by the
administrative chief judge of the third
24 judicial district.
25 (c) Each justice of the
supreme court and judge of the court of ap-
26 peals, upon appointment and from time to
time thereafter as changes
27 occur, shall notify the judicial
administrator in writing of the justice's or
28 judge's official station, if other than the
city of Topeka.
29 (d) Notwithstanding the
other provisions of this section, all mileage
30 and other allowances for official travel
for justices of the supreme court
31 and judges of the court of appeals shall be
determined from Topeka,
32 Kansas.
33 Sec. 13. K.S.A.
1997 Supp. 20-302b is hereby amended to read as
34 follows: 20-302b. (a) A district magistrate
judge shall have the jurisdiction,
35 power and duty, in any case in which a
violation of the laws of the state
36 is charged, to conduct the trial of traffic
infractions, cigarette or tobacco
37 infractions or misdemeanor charges and the
preliminary examination of
38 felony charges. In civil cases, a district
magistrate judge shall have con-
39 current jurisdiction, powers and duties
with a district judge, except that,
40 unless otherwise specifically provided in
subsection (b), a district magis-
41 trate judge shall not have jurisdiction or
cognizance over the following
42 actions:
43 (1) Any action, other
than an action seeking judgment for an unse-
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1 cured debt not sounding in tort and
arising out of a contract for the
2 provision of goods, services or
money, in which the amount in contro-
3 versy, exclusive of interests and
costs, exceeds $10,000, except that in
4 actions of replevin, the affidavit in
replevin or the verified petition fixing
5 the value of the property shall
govern the jurisdiction; nothing in this
6 paragraph shall be construed as
limiting the power of a district magistrate
7 judge to hear any action pursuant to
the Kansas probate code or to issue
8 support orders as provided by
paragraph (6) of this subsection;
9 (2) actions
against any officers of the state, or any subdivisions
10 thereof, for misconduct in office;
11 (3) actions for specific
performance of contracts for real estate;
12 (4) actions in which
title to real estate is sought to be recovered or
13 in which an interest in real estate, either
legal or equitable, is sought to
14 be established, except that nothing in this
paragraph shall be construed
15 as limiting the right to bring an action
for forcible detainer as provided
16 in the acts contained in article 23 of
chapter 61 of the Kansas Statutes
17 Annotated, and any acts amendatory thereof
or supplemental thereto; and
18 nothing in this paragraph shall be
construed as limiting the power of a
19 district magistrate judge to hear any
action pursuant to the Kansas probate
20 code;
21 (5) actions to foreclose
real estate mortgages or to establish and fore-
22 close liens on real estate as provided in
the acts contained in article 11 of
23 chapter 60 of the Kansas Statutes
Annotated, and any acts amendatory
24 thereof or supplemental thereto;
25 (6) actions for divorce,
separate maintenance or custody of minor
26 children, except that nothing in this
paragraph shall be construed as lim-
27 iting the power of a district magistrate
judge to: (A) Hear any action
28 pursuant to the Kansas code for care of
children or the Kansas juvenile
29 offenders justice
code; (B) establish, modify or enforce orders of support,
30 including, but not limited to, orders of
support pursuant to the Kansas
31 parentage act, K.S.A. 23-451 et
seq., 39-718a, 39-718b, 39-755 or 60-1610
32 or K.S.A. 23-4,105 through 23-4,118,
23-4,125 through 23-4,137, 38-
33 1542, 38-1543 or 38-1563, and amendments
thereto; or (C) enforce or-
34 ders granting a parent visitation rights to
the parent's child;
35 (7) habeas corpus;
36 (8) receiverships;
37 (9) change of name;
38 (10) declaratory
judgments;
39 (11) mandamus and quo
warranto;
40 (12) injunctions;
41 (13) class actions;
42 (14) rights of
majority;
43 (15) actions pursuant to
the protection from abuse act; and
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14
1 (16) actions
pursuant to K.S.A. 59-29a01 et seq. and amendments
2 thereto.
3
(b) Notwithstanding the provisions of subsection (a), in the
absence,
4 disability or disqualification of a
district judge, a district magistrate judge
5 may:
6 (1) Grant a
restraining order, as provided in K.S.A. 60-902 and
7 amendments thereto;
8 (2) appoint a
receiver, as provided in K.S.A. 60-1301 and amend-
9 ments thereto;
10 (3) make any order
authorized by K.S.A. 60-1607 and amendments
11 thereto; and
12 (4) grant any order
authorized by the protection from abuse act.
13 (c) In accordance with
the limitations and procedures prescribed by
14 law, and subject to any rules of the
supreme court relating thereto, any
15 appeal permitted to be taken from an order
or final decision of a district
16 magistrate judge shall be tried and
determined de novo by a district judge,
17 except that in civil cases where a record
was made of the action or pro-
18 ceeding before the district magistrate
judge, the appeal shall be tried and
19 determined on the record by a district
judge.
20 (d) Upon motion of a
party, the administrative chief judge may
re-
21 assign an action from a district magistrate
judge to a district judge.
22 Sec. 14. K.S.A.
20-310a is hereby amended to read as follows: 20-
23 310a. (a) Upon the application of the
administrative chief judge of a ju-
24 dicial district to the departmental justice
of that district, for good cause
25 shown, or in the absence, sickness or
disability of a district judge or district
26 magistrate judge in any judicial district,
a judge pro tem may be appointed
27 whenever the departmental justice for such
judicial district has not as-
28 signed a district judge from another
judicial district, as provided in K.S.A.
29 20-319, and amendments thereto.
30 (b) Any judge pro tem
appointed pursuant to this section shall be a
31 regularly admitted member of the bar of
this state. The appointment of
32 any such judge pro tem shall be made by the
administrative chief judge
33 or, in the absence of the
administrative chief judge, by the
departmental
34 justice for the judicial district.
35 (c) Any judge pro tem
appointed pursuant to this section shall have
36 the full power and authority of a district
judge with respect to any actions
37 or proceedings before such judge pro tem,
except that any judge pro tem
38 appointed pursuant to subsection (d) or (e)
shall have only such power
39 and authority as provided therein. A judge
pro tem shall receive such
40 compensation as is prescribed by the
district court, subject to the budget
41 limitations of such district court.
42 (d) Subject to the
budget limitations of the district court, the
admin-
43 istrative chief
judge of any judicial district may appoint one or more judges
SB 553
15
1 pro tem for the limited purpose of
hearing the original trials of actions
2 filed pursuant to the small claims
procedures act or other action within
3 the jurisdiction of a district
magistrate judge as provided in K.S.A. 20-
4 302b, and amendments thereto. Any
such judge pro tem shall have only
5 such judicial power and authority as
is necessary to hear such actions.
6 Any party aggrieved by any order of a
judge pro tem under this subsection
7 may appeal such order and such appeal
shall be heard by a district judge
8 de novo. If the appeal is a small
claims action, the appeal shall be under
9 K.S.A. 61-2709, and amendments
thereto. If the appeal is an action within
10 the jurisdiction of a district magistrate
judge, the appeal shall be under
11 K.S.A. 20-302b, and amendments thereto.
12 (e) Subject to the
budget limitations of the district court, the
admin-
13 istrative chief
judge of any judicial district in which the board of county
14 commissioners is authorized to use the code
for the enforcement of
15 county codes and resolutions as provided in
subsection (b) of K.S.A. 19-
16 101d, and amendments thereto, may appoint
one or more judges pro tem
17 for the limited purpose of hearing such
cases. Any such judge pro tem
18 shall have only such power and authority as
is necessary to hear such
19 actions, and shall have the power to compel
appearances before the court,
20 to hold persons in contempt for failure to
appear, and to issue bench
21 warrants for appearances. Such judge pro
tem shall receive the salary and
22 other compensation set by resolution of the
board of county commission-
23 ers which shall be paid from the revenues
of the county general fund or
24 other fund established for the purpose of
financing code enforcement.
25 (f) The
administrative chief judge of each judicial
district shall report
26 to the judicial administrator of the
courts: (1) The dates on which any
27 judge pro tem served in such district, (2)
the compensation paid to any
28 judge pro tem, and (3) such other
information as the judicial administrator
29 may request with regard to the appointment
of judges pro tem. The re-
30 ports shall be submitted annually on or
before January 15 on forms pro-
31 vided by the judicial administrator.
32 Sec. 15. K.S.A.
20-311d is hereby amended to read as follows: 20-
33 311d. (a) If a party or a party's attorney
believes that the judge to whom
34 an action is assigned cannot afford that
party a fair trial in the action, the
35 party or attorney may file a motion for
change of judge. The motion shall
36 not state the grounds for the party's or
attorney's belief. The judge shall
37 promptly hear the motion informally upon
reasonable notice to all parties
38 who have appeared in the case. If the judge
disqualifies the judge's self,
39 the action shall be assigned to another
judge by the administrative chief
40 judge. If the judge refuses to disqualify
the judge's self, the party seeking
41 a change of judge may file the affidavit
provided for in subsection (b). If
42 an affidavit is to be filed it shall be
filed forthwith immediately.
43 (b) If a party or a
party's attorney files an affidavit alleging any of the
SB 553
16
1 grounds specified in subsection (c),
the administrative chief judge shall
2 at once determine, or refer the
affidavit to another district judge for
3 prompt determination of, the legal
sufficiency of the affidavit. If the af-
4 fidavit is filed in a district court
in which there is no other judge who is
5 qualified to hear the matter, the
administrative chief judge shall at
once
6 notify the departmental justice for
the district and request the appoint-
7 ment of another district judge to
determine the legal sufficiency of the
8 affidavit. If the affidavit is found
to be legally sufficient, the case shall be
9 assigned to another judge.
10 (c) Grounds which may be
alleged as provided in subsection (b) for
11 change of judge are that:
12 (1) The judge has been
engaged as counsel in the action prior to the
13 appointment or election as judge.
14 (2) The judge is
otherwise interested in the action.
15 (3) The judge is related
to either party to the action.
16 (4) The judge is a
material witness in the action.
17 (5) The party or the
party's attorney filing the affidavit has cause to
18 believe and does believe that on account of
the personal bias, prejudice
19 or interest of the judge such party cannot
obtain a fair and impartial trial
20 or fair and impartial enforcement of
post-judgment remedies. Such affi-
21 davit shall state the facts and the reasons
for the belief that bias, prejudice
22 or an interest exists.
23 (d) In any affidavit
filed pursuant to this section, the recital of pre-
24 vious rulings or decisions by the judge on
legal issues or concerning the
25 legal sufficiency of any prior affidavits
filed by counsel for a party in any
26 judicial proceeding, or filed by such
counsel's law firm, pursuant to this
27 section, shall not be deemed legally
sufficient for any belief that bias or
28 prejudice exists.
29 Sec. 16. K.S.A.
20-319 is hereby amended to read as follows: 20-319.
30 (a) A justice assigned to each department
shall:
31 (1) With the help and
assistance of the judicial administrator, make
32 a survey of the conditions of the dockets
and business of the district courts
33 in the justice's department and make a
report and recommendations on
34 the conditions and business to the chief
justice.
35 (2) Assemble the judges
of the district courts within the justice's de-
36 partment, at least annually, to discuss
such recommendations and other
37 business as will benefit the judiciary of
the state. When so summoned,
38 the judges of the district courts in the
various departments shall attend
39 such conferences at the expense of the
state. Such judges shall be entitled
40 to their actual and necessary expenses
while attending such conferences
41 and shall be required to attend the
conferences unless excused by the
42 departmental justice for good cause.
43 (b) Departmental
justices shall have authority within their depart-
SB 553
17
1 ments to assign any district judge or
district magistrate judge to hear any
2 proceeding or try any cause, within
the judge's jurisdiction, in other dis-
3 trict courts. Any departmental
justice may request the assistance of any
4 district judge or district magistrate
judge from another department.
5 (c) The
departmental justices shall supervise all administrative mat-
6 ters relating to the district courts
within their departments and require
7 reports periodically, covering such
matters and in such form as the su-
8 preme court may determine, on any
such matter which will aid in pro-
9 moting the efficiency or the speedy
determination of causes now pending.
10 Departmental justices shall have the power
to examine the dockets, rec-
11 ords and proceedings of any courts under
their supervision. All judges
12 and clerks of the several courts of the
state shall promptly make such
13 reports and furnish the information
requested by any departmental justice
14 or the judicial administrator, in the
manner and form prescribed by the
15 supreme court.
16 In order to properly advise
the three branches of government on the
17 operation of the juvenile justice system,
each district court shall furnish
18 the judicial administrator such information
regarding juveniles coming to
19 the attention of the court pursuant to the
Kansas code for care of children
20 as is determined necessary by the secretary
of social and rehabilitation
21 services and the director of the
statistical analysis center of the Kansas
22 bureau of investigation, on forms approved
by the judicial administrator.
23 Such information shall be confidential and
shall not be disseminated or
24 publicly disclosed in a manner which
enables identification of any indi-
25 vidual who is a subject of the
information.
26 The departmental justice
shall assign to each administrative chief
judge
27 in the justice's department such duties as
are necessary to carry out the
28 intent of just, speedy and inexpensive
litigation for the litigants of the
29 state.
30 Sec. 17. K.S.A.
20-329 is hereby amended to read as follows: 20-329.
31 In every judicial district, the supreme
court shall designate a district judge
32 as administrative
chief judge who shall have general control over the as-
33 signment of cases within the district,
subject to supervision by the su-
34 preme court. Within guidelines established
by statute, rule of the su-
35 preme court or the district court, the
administrative chief judge of each
36 district court shall be responsible for and
have general supervisory au-
37 thority over the clerical and
administrative functions of such court.
38 Sec. 18. K.S.A.
20-335 is hereby amended to read as follows: 20-335.
39 (a) On January 10, 1977, the following
courts of limited jurisdiction shall
40 be and are hereby abolished:
41 (1) County courts
established pursuant to K.S.A. 20-802 or 20-802a;
42 (2) city courts
established pursuant to K.S.A. 20-1424, 20-1424a,
43 20-1501, 20-1601 or 20-2403;
SB 553
18
1 (3) magistrate
courts established pursuant to K.S.A. 20-1801,
2 20-1901, 20-2501, 20-2521 or
20-2541;
3 (4) courts of
common pleas established pursuant to K.S.A. 1975
4 Supp. 20-2001;
5 (5) juvenile
courts established pursuant to K.S.A. 38-803; and
6 (6) probate courts
established pursuant to section 8 of article 3 of the
7 Kansas constitution, prior to the
revision of said such article in 1972.
8 (b) On January 10,
1977, the judge or judges of each of the courts
9 designated in subsection (a) shall
transfer all books, records, papers, files,
10 dockets and documents of such court to the
district court of the county
11 in which such court is located, and such
books, records, papers, files,
12 dockets and documents shall become the
property of said district court.
13 All actions and proceedings commenced in
any court designated in sub-
14 section (a) prior to January 10, 1977,
including all pleadings, motions,
15 orders, judgments and other papers therein,
shall become actions and
16 proceedings of the district court of the
county in which such court is
17 located. Any judgment of a court designated
in subsection (a) shall not
18 become a lien on real property by virtue of
the transfer of documents
19 pursuant to this subsection unless the
court rendering such judgment was
20 a court of record immediately prior to
January 10, 1977. Nothing herein
21 shall preclude a party in whose favor a
judgment is rendered by a court
22 designated in subsection (a) from filing a
transcript of such judgment with
23 the clerk of the district court in the
manner provided in K.S.A. 60-2202,
24 and any amendments
thereto, and in such event such judgment shall
25 become a lien on real property as provided
in K.S.A. 60-2202, and any
26 amendments thereto.
27 (c) Any person who was
elected at the general election of 1974 for a
28 four-year term of office as an officer,
other than a judge, of a court spec-
29 ified in subsection (a), which office is
abolished by this act on January 10,
30 1977, shall become an employee of the
district court and shall have such
31 duties as may be prescribed by the
administrative chief judge thereof and
32 shall receive compensation which is not
less than that prescribed for such
33 office until January 10, 1979.
34 Sec. 19. K.S.A.
20-343 is hereby amended to read as follows: 20-343.
35 The administrative
chief judge, with the approval of a majority of the
36 other district judges of the judicial
district, shall appoint a clerk of the
37 district court in each county within such
district. The administrative chief
38 judge, with the approval of a majority of
the other district judges of the
39 judicial district, shall designate one of
such clerks as the chief clerk of the
40 district court of such judicial district,
except that a chief clerk is not re-
41 quired to be designated in a judicial
district which is authorized to have
42 a court administrator pursuant to the
personnel plan of the supreme
43 court. The clerks of the district court and
deputies, assistants and other
SB 553
19
1 clerical personnel shall have such
qualifications as are prescribed for the
2 offices by statute, rule of the
district court and rule of the supreme court.
3 Such clerks, deputies, assistants and
other personnel shall have such pow-
4 ers, duties and functions as are
prescribed by law, prescribed by rules of
5 the supreme court or assigned by the
administrative chief judge.
6
Sec. 20. K.S.A. 20-345 is hereby amended to read as
follows: 20-345.
7 Within staffing limits prescribed by
the supreme court and appropriations
8 therefor, the
administrative chief judge of each judicial
district, with the
9 approval of a majority of the other
district judges of such judicial district,
10 shall appoint such bailiffs, court
reporters, secretaries, court services of-
11 ficers and other clerical and nonjudicial
personnel as necessary to perform
12 the judicial and administrative functions
of the district court. Persons
13 appointed pursuant to this section shall
have qualifications prescribed by
14 law or rule of the supreme court. Except as
otherwise provided by law,
15 such persons shall receive compensation
prescribed by the judicial per-
16 sonnel classification system. Such persons
shall perform the duties and
17 functions prescribed by law, designated in
the personnel classification
18 system or assigned by the
administrative chief judge, subject to rule
of
19 the supreme court. Personnel whose salary
is payable by counties shall
20 receive compensation in the amounts
provided in the district court budget
21 approved by the board of county
commissioners. Whenever any person
22 is employed or assigned to work under
direct supervision of any judge or
23 in a division of court in which a judge
presides, the employment or as-
24 signment of the person shall be subject to
the approval of that judge.
25 Sec. 21. K.S.A.
20-347 is hereby amended to read as follows: 20-347.
26 From and after January 10,
1977, The administrative chief
judge in each
27 judicial district, with the approval of the
supreme court, may provide for
28 holding court in locations within such
judicial district, other than in the
29 courthouses of the several counties within
such district, whenever suitable
30 facilities are available
;(tri-stars)erefor for such purpose.
31 Sec. 22. K.S.A.
20-349 is hereby amended to read as follows: 20-349.
32 The administrative
chief judge in each judicial district shall be
responsible
33 for the preparation of the budget to be
submitted to the board of county
34 commissioners of each county. The board of
county commissioners shall
35 then have final authority to determine and
approve the budget for district
36 court operations payable by their county.
The judicial administrator of
37 the courts shall prescribe the form upon
which such budgets shall be
38 submitted. The budget shall include all
expenditures payable by the
39 county for operations of the district court
in such county. A separate
40 budget shall be prepared for each county
within the district and the judges
41 of the district court shall approve the
budget for the county in which such
42 judges are regularly assigned prior to
submission of such budget to the
43 board of county commissioners. The
compensation to be paid to district
SB 553
20
1 court personnel excluded from the
judicial personnel classification system
2 pursuant to subsection (b) of K.S.A.
20-162, and amendments thereto,
3 shall be listed in the budget as a
separate item for each job position. After
4 the amount of such district court
budget is established, the expenditures
5 under such budget, other than
expenditures for job positions contained
6 in the budget, shall be under the
control and supervision of the admin-
7 istrative
chief judge, subject to supreme court rules relating
thereto, and
8 the board of county commissioners
shall approve all claims submitted by
9 the administrative
chief judge within the limits of such district court
10 budget. No board of county commissioners
shall decrease such budget
11 for district court operations to a level
below the amount of the 1978
12 calendar year budget approved by the board
of county commissioners less
13 the amount of compensation and fringe
benefits provided in such budget
14 for judges and other personnel positions
which are assumed by the state
15 pursuant to this act. The financial affairs
of the district court in each
16 county including, but not limited to,
nonexpendable trust funds, law li-
17 brary funds and court trustee operations
shall be subject to audit pursuant
18 to the provisions of K.S.A. 75-1122, and
amendments thereto, as part of
19 the annual county audit. Reports of fiscal
or managerial discrepancies or
20 noncompliance with applicable law shall be
made to the judicial admin-
21 istrator of the courts as well as the board
of county commissioners.
22 Sec. 23. K.S.A.
20-350 is hereby amended to read as follows: 20-350.
23 (a) Except for fines and penalties
authorized to be paid to counties pur-
24 suant to K.S.A. 19-101e and amendments
thereto, all moneys received by
25 the clerk of the district court from the
payment of fines, penalties and
26 forfeitures shall be remitted to the state
treasurer, in the manner provided
27 by K.S.A. 20-2801 and amendments thereto,
and the state treasurer shall
28 deposit the same in the state treasury to
the credit of the state general
29 fund, except as provided in K.S.A. 74-7336,
and amendments thereto.
30 (b) The
administrative chief judge may invest any
moneys on deposit
31 in the district court account if the moneys
are not immediately required
32 for the purposes for which they were
collected or received. Such moneys
33 may be invested in: (1) Time deposits, open
account or certificates of
34 deposit, for periods not to exceed six
months, or savings deposits, in com-
35 mercial banks located in the county, except
that amounts invested which
36 are not insured by the United States
government shall be secured in the
37 manner and amounts provided by K.S.A.
9-1402 and amendments
38 thereto; (2) United States treasury bills
or notes with maturities not to
39 exceed six months; or (3) savings and loan
associations located in the
40 county. No investment of more than the
amount insured by the federal
41 deposit insurance corporation shall be made
in any one savings and loan
42 association. Interest received from the
investment of moneys pursuant to
43 this subsection shall be paid to the state
treasurer in the manner provided
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21
1 by K.S.A. 20-2801 and amendments
thereto, and the state treasurer shall
2 deposit the same in the state
treasury to the credit of the state general
3 fund.
4 (c) Upon
application of a party to an action in which such party claims
5 ownership of moneys held by the
district court, the administrative
chief
6 judge may invest such moneys in the
same manner as provided by sub-
7 section (b). Interest received from
the investment of moneys pursuant to
8 this subsection shall become the
property of the person found to be the
9 owner of the moneys.
10 Sec. 24. K.S.A.
20-357 is hereby amended to read as follows: 20-357.
11 Within the limits of the district court
budget, any administrative chief
12 judge of a judicial district may purchase,
lease or acquire the equipment
13 and facilities necessary to carry out the
purposes and intent of K.S.A. 20-
14 159 and amendments thereto and by
contract and agreement arrange for
15 the use thereof, and may employ personnel
necessary to operate the
16 equipment and facilities.
17 Sec. 25. K.S.A.
20-365 is hereby amended to read as follows: 20-365.
18 Records and judicial proceedings requiring
the attestation of the clerk of
19 the district court may, upon order of the
administrative chief judge of
20 such court, be authenticated by the clerk
by the use of a facsimile sig-
21 nature in lieu of the clerk's manual
signature. The facsimile signature
22 shall be a reproduction by engraving,
imprinting, stamping or other means
23 of the manual signature of the clerk. The
clerk shall file with the secretary
24 of state such clerk's manual signature and
facsimile signature certified by
25 such clerk under oath. Upon compliance with
these provisions by the
26 clerk, such clerk's facsimile signature has
the same legal effect as such
27 clerk's manual signature.
28 Sec. 26. K.S.A.
20-438 is hereby amended to read as follows: 20-438.
29 From and after January 10,
1977, Whenever the judges of the district
30 court deem it necessary for the efficient
and effective administration of
31 justice, and with approval of the supreme
court, such judges may establish
32 specialized divisions of such district
court. Such divisions may be estab-
33 lished for, but not limited to, the
following purposes: Probate matters,
34 traffic cases, juvenile matters, domestic
cases or any combination thereof.
35 The administrative
chief judge, with the approval of the other judges of
36 the district court, shall provide for the
assignment and reassignment of
37 judges to any specialized division
established hereunder as provided in
38 this section, and the
administrative chief judge shall provide
for the as-
39 signment of cases to any such division. The
administrative chief judge also
40 may assign a clerk of the district court,
or an assistant or deputy district
41 court clerk, to any such division to serve
as chief clerk of such division.
42 Such other personnel of the district court
as are necessary for the oper-
43 ation thereof may be assigned to any such
specialized division by the
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1 administrative
chief judge.
2
Sec. 27. K.S.A. 20-3013 is hereby amended to read as
follows: 20-
3 3013. The court of appeals shall sit
and maintain its principal offices in
4 the city of Topeka, and it shall be
the duty of the secretary of adminis-
5 tration to provide a courtroom and
other suitable quarters in Topeka for
6 the use of the court of appeals and
its staff. However, any hearing panel
7 of the court of appeals may hold
court in the courthouse of any county
8 for the purpose of hearing oral
arguments in cases before such court.
9 When a panel of the court of appeals
sits in any location other than in
10 Topeka, the administrative
chief judge of the judicial district in which the
11 panel is sitting shall assign a courtroom
to the hearing panel for its use
12 while sitting, shall provide suitable
office space for use by the members
13 of the panel and shall provide such other
personnel as may be needed by
14 the panel.
15 Sec. 28. K.S.A.
1997 Supp. 21-4502 is hereby amended to read as
16 follows: 21-4502. (1) For the purpose of
sentencing, the following classes
17 of misdemeanors and the punishment and the
terms of confinement au-
18 thorized for each class are
established:
19 (a) Class A, the
sentence for which shall be a definite term of con-
20 finement in the county jail which shall be
fixed by the court and shall not
21 exceed one year.
22 (b) Class B, the
sentence for which shall be a definite term of con-
23 finement in the county jail which shall be
fixed by the court and shall not
24 exceed six months.
25 (c) Class C, the
sentence for which shall be a definite term of con-
26 finement in the county jail which shall be
fixed by the court and shall not
27 exceed one month.
28 (d) Unclassified
misdemeanors, which shall include all crimes de-
29 clared to be misdemeanors without
specification as to class, the sentence
30 for which shall be in accordance with the
sentence specified in the statute
31 that defines the crime; if no penalty is
provided in such law, the sentence
32 shall be the same penalty as provided
herein for a class C misdemeanor.
33 (2) Upon conviction of a
misdemeanor, a person may be punished by
34 a fine, as provided in K.S.A. 21-4503 and
amendments thereto, instead
35 of or in addition to confinement, as
provided in this section.
36 (3) In addition to or in
lieu of any other sentence authorized by law,
37 whenever there is evidence that the act
constituting the misdemeanor
38 was substantially related to the
possession, use or ingestion of cereal malt
39 beverage or alcoholic liquor by such
person, the court may order such
40 person to attend and satisfactorily
complete an alcohol or drug education
41 or training program certified by the
administrative chief judge of the
42 judicial district or licensed by the
secretary of social and rehabilitation
43 services.
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23
1 (4) Except as
provided in subsection (5), in addition to or in lieu of
2 any other sentence authorized by law,
whenever a person is convicted of
3 having committed, while under 21
years of age, a misdemeanor under
4 the uniform controlled substances act
(K.S.A. 65-4101 et seq. and amend-
5 ments thereto), K.S.A. 41-719,
41-727, 65-4152, 65-4153, 65-4154 or
6 65-4155 or K.S.A. 1997 Supp. 8-1599,
and amendments thereto, the court
7 shall order such person to submit to
and complete an alcohol and drug
8 evaluation by a community-based
alcohol and drug safety action program
9 certified pursuant to K.S.A. 8-1008
and amendments thereto and to pay
10 a fee not to exceed the fee established by
that statute for such evaluation.
11 If the court finds that the person is
indigent, the fee may be waived.
12 (5) If the person is 18
or more years of age but less than 21 years of
13 age and is convicted of a violation of
K.S.A. 41-727, and amendments
14 thereto, involving cereal malt beverage,
the provisions of subsection (4)
15 are permissive and not mandatory.
16 Sec. 29. K.S.A.
22-2804 is hereby amended to read as follows: 22-
17 2804. (1) A person who has been convicted
of a crime and is either await-
18 ing sentence or has filed a notice of
appeal may be released by the district
19 court under the conditions provided in
K.S.A. 22-2802 and amendments
20 thereto if the court or judge finds that
the conditions of release will rea-
21 sonably assure that the person will not
flee or pose a danger to any other
22 person or to the community.
23 (2) A person who has
been convicted of a crime and has filed a notice
24 of appeal to the supreme court or court of
appeals shall make application
25 to be released to the court whose judgment
is appealed from or to a judge
26 thereof. If an application to such court or
judge has been made and de-
27 nied or action on the application did not
afford the relief sought by the
28 applicant, the applicant may make an
application for release to the ap-
29 pellate court. An application to the
appellate court or a justice or judge
30 thereof shall state the disposition of the
application made by the district
31 court or judge. Any application made under
this subsection shall be heard
32 after reasonable notice to the prosecuting
attorney. Such notice shall be
33 given not less than one day prior to the
hearing. Any appearance bond
34 which may be required under this subsection
shall be filed in the court
35 from which the appeal was taken.
36 (3) A person who has
been convicted of a crime before a district
37 magistrate judge may, upon taking an appeal
to a district judge, apply to
38 be released as provided herein. If the
application is made before the case
39 has been referred to the
administrative chief judge for assignment,
the
40 conditions of release shall be determined
by the district magistrate judge
41 from whom the appeal is taken. If the
application is made thereafter, the
42 administrative
chief judge or the district judge to whom the case has
been
43 assigned shall determine the conditions of
release. Any appearance bond
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24
1 which may be required under this
subsection shall be deposited in the
2 court where it is fixed.
3
Sec. 30. K.S.A. 22-2807 is hereby amended to read as
follows: 22-
4 2807. (1) If there is a breach of
condition of an appearance bond, the
5 court in which the bond is deposited
shall declare a forfeiture of the bail.
6 (2) The court may
direct that a forfeiture be set aside, upon such
7 conditions as the court may impose,
if it appears that justice does not
8 require the enforcement of the
forfeiture.
9 (3) When a
forfeiture has not been set aside, the court shall on motion
10 enter a judgment of default and execution
may issue thereon. If the for-
11 feiture has been decreed by a district
magistrate judge and the amount
12 of the bond exceeds the limits of the civil
jurisdiction prescribed by law
13 for a district magistrate judge, the judge
shall notify the administrative
14 chief judge in writing of the
forfeiture and the matter shall be assigned
15 to a district judge who, on motion, shall
enter a judgment of default. By
16 entering into a bond the obligors submit to
the jurisdiction of any court
17 having power to enter judgment upon default
and irrevocably appoint the
18 clerk of that court as their agent upon
whom any papers affecting their
19 liability may be served. Their liability
may be enforced on motion without
20 the necessity of an independent action. The
motion and notice thereof
21 may be served on the clerk of the court,
who shall forthwith mail copies
22 to the obligors to their last known
addresses. No default judgment shall
23 be entered against the obligor in an
appearance bond until more than 10
24 days after notice is served as provided
herein.
25 (4) After entry of such
judgment, the court may remit it in whole or
26 in part under the conditions applying to
the setting aside of forfeiture in
27 subsection (2).
28 Sec. 31. K.S.A.
22-3101 is hereby amended to read as follows: 22-
29 3101. (1) If the attorney general, an
assistant attorney general, the county
30 attorney or the district attorney of any
county is informed or has knowl-
31 edge of any alleged violation of the laws
of Kansas, such person may apply
32 to a district judge to conduct an
inquisition. An application for an inqui-
33 sition shall be in writing, verified under
oath, setting forth the alleged
34 violation of law. Upon the filing of the
application, the judge with whom
35 it is filed, on the written praecipe of
such attorney, shall issue a subpoena
36 for the witnesses named in such praecipe
commanding them to appear
37 and testify concerning the matters under
investigation. Such subpoenas
38 shall be served and returned as subpoenas
for witnesses in criminal cases
39 in the district court.
40 (2) If the attorney
general, assistant attorney general, county attorney
41 or district attorney, or in the absence of
the county or district attorney a
42 designated assistant county or district
attorney, is informed or has knowl-
43 edge of any alleged violation in this state
pertaining to gambling, intoxi-
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25
1 cating liquors, criminal syndicalism,
racketeering, bribery, tampering with
2 a sports contest, narcotic or
dangerous drugs or any violation of any law
3 where the accused is a fugitive from
justice, such attorney shall be au-
4 thorized to issue subpoenas for such
persons as such attorney has any
5 reason to believe or has any
information relating thereto or knowledge
6 thereof, to appear before such
attorney at a time and place to be desig-
7 nated in the subpoena and testify
concerning any such violation. For such
8 purposes, any prosecuting attorney
shall be authorized to administer
9 oaths. If an assistant county or
district attorney is designated by the county
10 or district attorney for the purposes of
this subsection, such designation
11 shall be filed with the
administrative chief judge of such judicial
district.
12 (3) Each witness shall
be sworn to make true answers to all questions
13 propounded to such witness touching the
matters under investigation.
14 The testimony of each witness shall be
reduced to writing and signed by
15 the witness. Any person who disobeys a
subpoena issued for such ap-
16 pearance or refuses to be sworn as a
witness or answer any proper ques-
17 tion propounded during the inquisition, may
be adjudged in contempt of
18 court and punished by fine and
imprisonment.
19 Sec. 32. K.S.A.
22-3609 is hereby amended to read as follows: 22-
20 3609. (1) The defendant shall have the
right to appeal to the district court
21 of the county from any judgment of a
municipal court which adjudges
22 the defendant guilty of a violation of the
ordinances of any municipality
23 of Kansas. The appeal shall be assigned by
the administrative chief judge
24 to a district judge. The appeal shall stay
all further proceedings upon the
25 judgment appealed from.
26 (2) An appeal to the
district court shall be taken by filing, in the
27 district court of the county in which the
municipal court is located, a
28 notice of appeal and any appearance bond
required by the municipal
29 court. Municipal court clerks are hereby
authorized to accept notices of
30 appeal and appearance bonds under this
subsection and shall forward
31 such notices and bonds to the district
court. No appeal shall be taken
32 more than 10 days after the date of the
judgment appealed from.
33 (3) The notice of appeal
shall designate the judgment or part of the
34 judgment appealed from. The defendant shall
cause notice of the appeal
35 to be served upon the city attorney
prosecuting the case. The judge whose
36 judgment is appealed from or the clerk of
the court, if there is one, shall
37 certify the complaint and warrant to the
district court of the county, but
38 failure to do so shall not affect the
validity of the appeal.
39 (4) The trial of
municipal appeal cases shall be to the court unless a
40 jury trial is requested in writing by the
defendant not later than seven
41 days after first notice of trial assignment
is given to the defendant or such
42 defendant's counsel. The time requirement
provided in this subsection
43 regarding when a jury trial shall be
requested may be waived in the dis-
SB 553
26
1 cretion of the court upon a finding
that imposing such time requirement
2 would cause undue hardship or
prejudice to the defendant. A jury in a
3 municipal appeal case shall consist
of six members.
4
(5) Notwithstanding the other provisions of this section,
appeal from
5 a conviction rendered pursuant to
subsection (b) of K.S.A. 12-4416 and
6 amendments thereto shall be conducted
only on the record of the stip-
7 ulation of facts relating to the
complaint.
8
Sec. 33. K.S.A. 1997 Supp. 22-3609a is hereby amended to
read as
9 follows: 22-3609a. (1) A defendant
shall have the right to appeal from any
10 judgment of a district magistrate judge.
The administrative chief judge
11 shall be responsible for assigning a
district judge for any such appeal. The
12 appeal shall stay all further proceedings
upon the judgment appealed
13 from.
14 (2) An appeal to a
district judge shall be taken by filing a notice of
15 appeal with the clerk of the court. No
appeal shall be taken more than
16 10 days after the date of the judgment
appealed from.
17 (3) The clerk of the
district court shall deliver the complaint, warrant
18 and any appearance bond to the district
judge to whom such appeal is
19 assigned. The case shall be tried de
novo before the assigned district
20 judge.
21 (4) No advance payment
of a docket fee shall be required when the
22 appeal is taken.
23 (5) All appeals taken by
a defendant from a district magistrate judge
24 in traffic infraction, cigarette or tobacco
infraction and misdemeanor
25 cases shall be tried by the court unless a
jury trial is requested in writing
26 by the defendant.
27 (6) Notwithstanding the
other provisions of this section, appeal from
28 a conviction rendered pursuant to
subsection (c) of K.S.A. 22-2909 and
29 amendments thereto shall be conducted only
on the record of the stip-
30 ulation of facts relating to the
complaint.
31 Sec. 34. K.S.A.
22-3708 is hereby amended to read as follows: 22-
32 3708. (a) (1) The annual salary of the
chairperson of the Kansas parole
33 board shall be an amount equal to the
annual salary paid by the state to
34 a district judge designated as
administrative chief judge; and
35 (2) the annual salary of
each other member of the Kansas parole
36 board shall be an amount which is $2,465
less than the annual salary of
37 the chairperson.
38 (b) Members of the
Kansas parole board shall be allowed all actual
39 travel and necessary expenses incurred
while in the discharge of official
40 duties.
41 Sec. 35. K.S.A.
22-4009 is hereby amended to read as follows: 22-
42 4009. (a) If a convict under sentence of
death appears to be pregnant or
43 alleges to be pregnant, the person having
custody of the convict shall
SB 553
27
1 notify the secretary of corrections.
The secretary shall designate one or
2 more licensed physicians to examine
the convict to determine if the con-
3 vict is pregnant. If the convict is
pregnant, the secretary of corrections
4 shall notify the
administrative chief judge of the judicial
district where
5 the conviction was rendered and the
execution of the sentence of death
6 shall be postponed. If the convict is
not pregnant, the execution shall be
7 carried out as previously
ordered.
8 (b) When the
execution of a sentence of death is postponed because
9 of pregnancy, the judge shall wait
until the child is born or the pregnancy
10 is otherwise terminated and then the judge
shall fix the date for the ex-
11 ecution. At any time during the
postponement of the execution, the judge
12 may order an examination as provided in
this section to determine
13 whether the convict remains pregnant. The
costs of each medical exam-
14 ination conducted pursuant to this section
shall be paid by the county
15 where the case originated.
16 Sec. 36. K.S.A.
23-494 is hereby amended to read as follows: 23-494.
17 The court may provide by rule adopted by
the judge or judges of each of
18 the judicial districts of Kansas for the
establishment of the office of court
19 trustee for the judicial district. The
court trustee shall be a person licensed
20 to practice law in the state of Kansas and
shall be appointed by and serve
21 at the pleasure of the
administrative chief judge of the judicial
district.
22 Sec. 37. K.S.A.
1997 Supp. 23-496 is hereby amended to read as
23 follows: 23-496. (a) The court trustee
shall be authorized and empowered
24 to pursue all civil remedies which would be
available to the obligee or
25 obligor in establishing and enforcing
payment of support or restitution.
26 (b) The court trustee
may also file motions for an increase or a de-
27 crease of the amount of support on behalf
of any child. Any such motion
28 to modify the amount of support shall not
be heard until notice has been
29 given to the obligee, the obligor and their
attorneys of record, if any.
30 (c) The court trustee
shall have the following additional powers and
31 duties upon approval of the
administrative chief judge:
32 (1) To issue summonses,
administrative subpoenas and subpoenas
33 duces tecum to obligors, obligees and other
witnesses who possess knowl-
34 edge or books and records relating to
enforcement of support or resti-
35 tution to appear in the office of the
trustee or before the district court
36 for examination;
37 (2) to administer oaths
and take sworn testimony on the record or by
38 affidavit;
39 (3) to appoint special
process servers as required to carry out the
40 court trustee's responsibilities under this
section;
41 (4) to enter into
stipulations, acknowledgments, agreements and jour-
42 nal entries, subject to approval of the
court; and
43 (5) to enter into
contracts pursuant to K.S.A. 75-719, and amend-
SB 553
28
1 ments thereto, with the attorney
general for the collection of debts owed
2 to courts or restitution owed to
obligees.
3
Sec. 38. K.S.A. 1997 Supp. 23-497 is hereby amended to
read as
4 follows: 23-497. (a) To defray the
expenses of operation of the court
5 trustee's office, the court trustee
is authorized to charge an amount: (1)
6 Whether fixed or sliding scale, based
upon the scope of services provided
7 or upon economic criteria, not to
exceed 5% of the support collected
8 from obligors through such office, as
determined necessary by the ad-
9 ministrative
chief judge as provided by this section; (2) based upon
the
10 hourly cost of office operations for the
provision of services on an hourly
11 or per service basis, with the written
agreement of the obligee; or (3)
12 from restitution collected, not to exceed
the fee authorized by the attor-
13 ney general under any contract entered into
pursuant to K.S.A. 75-719,
14 and amendments thereto.
15 (b) All such amounts
shall be paid to the court trustee operations
16 fund of the county where collected. There
shall be created a court trustee
17 operations fund in the county treasury of
each county or district court of
18 each county, in each judicial district that
establishes the office of court
19 trustee for the judicial district. The
moneys budgeted to fund the oper-
20 ation of existing court trustee offices and
to fund the start-up costs of new
21 court trustee offices established on or
after January 1, 1992, whether as
22 a result of a rule adopted pursuant to
K.S.A. 23-494, and amendments
23 thereto, or because this act has created a
court trustee operations fund,
24 shall be transferred from the county
general fund to the court trustee
25 operations fund. The county commissioners
of the county or group of
26 counties, if the judicial district consists
of more than one county, by a
27 majority vote, shall decide whether the
county or counties will have a
28 court trustee operations fund in the county
treasury or the district court
29 of each county. All expenditures from the
court trustee operations fund
30 shall be made in accordance with the
provisions of K.S.A. 23-492 et seq.
31 and amendments thereto to enforce duties of
support. Authorized ex-
32 penditures from the court trustee
operations fund may include repayment
33 of start-up costs, expansions and
operations of the court trustee's office
34 to the county general fund. The court
trustee shall be paid compensation
35 as determined by the
administrative chief judge. The board of
county
36 commissioners of each county to which this
act may apply shall provide
37 suitable quarters for the office of court
trustee, furnish stationery and
38 supplies, and such furniture and equipment
as shall, in the discretion of
39 the administrative
chief judge, be necessary for the use of the court trus-
40 tee. The administrative
chief judge shall fix and determine the annual
41 budget of the office of the court trustee
and shall review and determine
42 on an annual basis the amount necessary to
be charged to defray the
43 expense of start-up costs, expansions and
operations of the office of court
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29
1 trustee. All payments made by the
secretary of social and rehabilitation
2 services pursuant to K.S.A. 23-4,117
and amendments thereto or any
3 grants or other monies received which
are intended to further child sup-
4 port enforcement goals or restitution
goals shall be deposited in the court
5 trustee operations fund.
6
Sec. 39. K.S.A. 1997 Supp. 23-498 is hereby amended to
read as
7 follows: 23-498. (a) All expenditures
provided for in this act shall be paid
8 as follows:
9 (1) In each
judicial district consisting of a single county such expend-
10 iture shall be paid by the board of county
commissioners or administrative
11 chief judge from the court trustees
operations fund as provided in K.S.A.
12 23-497 and amendments thereto.
13 (2) In each judicial
district consisting of more than one county which
14 has a single court trustee operation
serving all the counties in that district,
15 such expenditure shall be paid by the:
16 (A) Board of county
commissioners of the county having the greatest
17 amount of support or restitution money
collected by the court trustee's
18 office in such district from the court
trustees operations fund of such
19 county, and such board of county
commissioners shall send a statement
20 to the board of county commissioners of
each of the other counties in
21 such district for a proportional amount of
such annual expenditures with
22 such proportion to be based upon the
respective amounts of support and
23 restitution money collected by the court
trustee's office of each county
24 within such judicial district. Each board
of county commissioners receiv-
25 ing a statement pursuant to this section
shall make payment of the same
26 from the court trustees operations fund of
the county; or
27
(B) administrative chief judge of such
judicial district. Such judge
28 shall pay such annual expenditures from the
court trustee operations fund
29 in the district court of each county based
upon the respective amounts
30 of support and restitution money collected
by the court trustee's office
31 of each county within such judicial
district. The administrative chief
judge
32 shall promptly reimburse the county general
fund for expenditures made
33 for salary, compensation and fringe
benefits made on behalf of the court
34 trustee's office pursuant to K.S.A. 20-162,
20-358 and 20-359, and amend-
35 ments thereto.
36 (3) The expenditure for
a court trustee office in a multicounty district
37 which does not operate in all counties of
the district shall be paid pro-
38 portionately, as in subsection (2), from
the court trustee operations fund
39 of each county served by the court
trustee.
40 (b) The
administrative chief judge and the board of
county commis-
41 sioners may agree on a reimbursement amount
to the county general fund
42 in an amount less than the total expenses
of the court trustee's office, but
43 such reimbursement amount shall not exceed
the total expenses of the
SB 553
30
1 court trustee's office.
2
Sec. 40. K.S.A. 23-499 is hereby amended to read as
follows: 23-499.
3 The expenditure for salaries,
compensation and necessary expenses of the
4 office of court trustee provided for
in this act may be paid during any
5 budget year, even though the same was
not included in the budget ex-
6 penditures for such budget year,
until such time as the office shall become
7 self-supporting, as determined by the
administrative chief judge.
8
Sec. 41. K.S.A. 23-4,118 is hereby amended to read as
follows: 23-
9 4,118. (a) The department of social
and rehabilitation services is desig-
10 nated as the state income withholding
agency in title IV-D cases. For the
11 purpose of keeping adequate records to
document, track and monitor
12 support payments in title IV-D cases and
for the purpose of initiating the
13 income withholding process in such cases,
the department may contract
14 for the performance of all or a portion of
the withholding agency function
15 with existing title IV-D contractors or any
newly created entity capable
16 of providing such services.
17 (b) In all other cases,
except as otherwise provided in this subsection,
18 the clerk of the district court is
designated as the income withholding
19 agency for the purpose of keeping adequate
records to allow the obligor
20 and obligee to track and monitor support
payments. If a district court
21 trustee has been designated by the
administrative chief judge to receive,
22 process and maintain records for moneys
received under support orders,
23 the district court trustee is designated as
the income withholding agency
24 for non-IV-D cases in the judicial
district.
25 Sec. 42. K.S.A.
23-701 is hereby amended to read as follows: 23-701.
26 (a) The purpose of this section is to
enhance the enforcement of child
27 visitation rights granted by court order by
establishing an expedited pro-
28 cedure which is simplified enough to
provide justice without necessitating
29 the assistance of legal counsel.
30 (b) If a parent has been
granted visitation rights pursuant to K.S.A.
31 38-1121 or 60-1616, and amendments thereto,
and such rights are denied
32 or interfered with by the other parent, the
parent having visitation rights
33 may file with the clerk of the district
court a motion for enforcement of
34 such rights. Such motion shall be filed on
a form provided by the clerk
35 of the court. Upon the filing of the
motion, the administrative chief judge
36 of the district court shall assign a judge
of the district court or the court
37 trustee as a hearing officer to hear the
motion. The hearing officer shall
38 immediately:
39 (1) Issue ex
parte an order for mediation in accordance with K.S.A.
40 23-601 et seq., and amendments
thereto; or
41 (2) set a time and place
for a hearing on the motion, which shall be
42 not more than 21 days after the filing of
the motion.
43 (c) If mediation ordered
pursuant to subsection (b) is completed, the
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1 mediator shall submit a summary of
the parties' understanding to the
2 hearing officer within five days
after it is signed by the parties. Upon
3 receipt of the summary, the hearing
officer shall enter an order in accord-
4 ance with the parties' agreement or
set a time and place for a hearing on
5 the matter, which shall be not more
than 10 days after the summary is
6 received by the hearing officer.
7 (d) If mediation
ordered pursuant to subsection (b) is terminated
8 pursuant to K.S.A. 23-604 and
amendments thereto, the mediator shall
9 report the termination to the hearing
officer within five days after the
10 termination. Upon receipt of the report, if
the hearing officer is a district
11 judge, such judge shall set the matter for
hearing. If the hearing officer
12 is a district magistrate judge or a court
trustee, the administrative chief
13 judge shall assign the matter to a district
judge who shall set the matter
14 for hearing. Any such hearing shall be not
more than 10 days after the
15 mediator's report of termination is
received by the hearing officer.
16 (e) Notice of the
hearing date set by the hearing officer shall be given
17 to all interested parties by certified
mail, return receipt requested, or as
18 the court may order.
19 (f) If, upon a hearing
pursuant to subsection (b), (c) or (d), the hear-
20 ing officer or judge finds that visitation
rights of one parent have been
21 unreasonably denied or interfered with by
the other parent, the hearing
22 officer or judge may enter an order
providing for one or more of the
23 following:
24 (1) A specific
visitation schedule;
25 (2) compensating
visitation time for the visitation denied or inter-
26 fered with, which time shall be of the same
type (e.g., holiday, weekday,
27 weekend, summer) as that denied or
interfered with and shall be at the
28 convenience of the parent whose visitation
was denied or interfered with;
29 (3) the posting of a
bond, either cash or with sufficient sureties, con-
30 ditioned upon compliance with the order
granting visitation rights;
31 (4) assessment of
reasonable attorney fees, mediation costs and costs
32 of the proceedings to enforce visitation
rights against the parent who
33 unreasonably denied or interfered with the
other parent's visitation rights;
34 (5) attendance of one or
both parents at counseling or educational
35 sessions which focus on the impact of
visitation disputes on children;
36 (6) supervised
visitation; or
37 (7) any other remedy
which the hearing officer or judge considers
38 appropriate, except that, if a hearing
officer is a district magistrate judge
39 or court trustee, the hearing officer shall
not enter any order which grants,
40 or modifies a previous order granting,
child support, child custody or
41 maintenance.
42 (g) Decisions of
district magistrate judges or court trustees appointed
43 pursuant to this section shall be subject
to review by a district judge on
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32
1 the motion of any party filed within
10 days after the order was entered.
2 (h) In no case
shall final disposition of a motion filed pursuant to this
3 section take place more than 45 days
after the filing of such motion.
4
Sec. 43. K.S.A. 38-555 is hereby amended to read as
follows: 38-555.
5 In Johnson county the operation of
public youth residential facilities shall
6 be under the supervision and control
of the district court. The adminis-
7 trative chief
judge of the district court shall determine staff requirements
8 and appoint and supervise staff
members of such facilities in accordance
9 with the personnel policies and
compensation plan adopted by the board
10 of county commissioners. The board of
county commissioners shall set
11 an annual budget of the costs and expenses
for the purchase, improve-
12 ment, operation and maintenance of
said such facilities and payment of
13 salaries of staff members,
and. The county commissioners shall levy a tax
14 as in the case of providing for other
expenses of the county on the assessed
15 taxable valuation of said county for the
purpose and to pay a portion of
16 the principal and interest on bonds issued
under the authority of K.S.A.
17 12-1774, and amendments thereto, by cities
located in the county.
18 Sec. 44. K.S.A.
1997 Supp. 38-1808 is hereby amended to read as
19 follows: 38-1808. (a) There is hereby
established in the state treasury the
20 family and children investment fund. On and
after July 1, 1997, such fund
21 shall be administered as provided in this
section.
22 (b) There shall be
credited to the family and children investment
23 fund appropriations, gifts, grants,
contributions, matching funds and par-
24 ticipant payments.
25 (c) (1) There is
hereby created the family and children trust account
26 in the family and children investment fund.
The secretary of social and
27 rehabilitation services shall administer
this account.
28 (2) Moneys credited to
the family and children trust account shall be
29 used for the following purposes: (A)
Matching federal moneys to purchase
30 services relating to community-based
programs for the broad range of
31 child abuse and neglect prevention
activities; (B) providing start-up or
32 expansion grants for community-based
prevention projects for the broad
33 range of child abuse and neglect prevention
activities; (C) studying and
34 evaluating community-based prevention
projects for the broad range of
35 child abuse and neglect prevention
activities; (D) preparing, publishing,
36 purchasing and disseminating educational
material dealing with the broad
37 range of child abuse and neglect prevention
activities; and (E) payment
38 of administrative costs of the family and
children trust account and of the
39 advisory committee on children and families
established pursuant to
40 K.S.A. 1997 Supp. 38-1901, and amendments
thereto. No moneys in the
41 family and children trust account shall be
used for the purpose of pro-
42 viding services for the voluntary
termination of pregnancy.
43 (3) Expenditures from
the family and children trust account shall be
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33
1 subject to the approval of the
advisory committee on children and families
2 established pursuant to K.S.A. 1997
Supp. 38-1901, and amendments
3 thereto. All expenditures from the
account shall be made in accordance
4 with appropriation acts upon warrants
of the director of accounts and
5 reports issued pursuant to vouchers
approved by the secretary of social
6 and rehabilitation services or a
person designated by the secretary.
7 (d) (1) There
is hereby created the permanent families account in
8 the family and children investment
fund. The judicial administrator of
9 the courts shall administer this
account.
10 (2) Moneys credited to
the permanent families account shall be used
11 for the following purposes: (A) Not more
than 12% of the amount cred-
12 ited to the account during the fiscal year
may be used to provide technical
13 assistance to district courts or local
groups wanting to establish a local
14 citizen review board or a court-appointed
special advocate program, in-
15 cluding but not limited to such staff as
necessary to provide such assis-
16 tance, and to provide services necessary
for the administration of such
17 board or program, including but not limited
to grants administration,
18 accounting, data collection, report writing
and training of local citizen
19 review board staff; (B) grants to
court-appointed special advocate pro-
20 grams, upon application approved by the
administrative chief judge of the
21 judicial district where the program is
located; and (C) grants to district
22 courts, upon application of the
administrative chief judge of the
judicial
23 district, for expenses of establishment,
operation and evaluation of local
24 citizen review boards in the judicial
district, including costs of: (i) Em-
25 ploying local citizen review board
coordinators and clerical staff; (ii) tel-
26 ephone, photocopying and office equipment
and supplies for which there
27 are shown to be no local funds available;
(iii) mileage of staff and board
28 members; and (iv) training staff and board
members.
29 (3) In addition to the
other duties and powers provided by law, in
30 administering the permanent families
account, the judicial administrator
31 shall:
32 (A) Accept and receive
grants, loans, gifts or donations from any pub-
33 lic or private entity in support of
programs administered by the judicial
34 administrator and assist in the development
of supplemental funding
35 sources for local and state programs;
36 (B) consider
applications for and make such grants from the perma-
37 nent families account as authorized by law;
and
38 (C) receive reports from
local citizen review boards established pur-
39 suant to K.S.A. 38-1812, and amendments
thereto, regarding the status
40 of children under the supervision of the
district courts and regarding
41 systemic barriers to permanence for
children, assure that appropriate data
42 is maintained regularly and compiled at
least once a year by such boards
43 on all cases reviewed and assure that the
effectiveness of such boards is
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34
1 evaluated on an ongoing basis, using,
where possible, random selection
2 of local citizen review boards and
cases for the evaluation and including
3 client outcome data to determine
effectiveness.
4 (4) All
expenditures from the account shall be made in accordance
5 with appropriation acts upon warrants
of the director of accounts and
6 reports issued pursuant to vouchers
approved by the judicial administra-
7 tor or a person designated by the
judicial administrator.
8 (e) On or before
the 10th of each month, the director of accounts
9 and reports shall transfer from the
state general fund to the family and
10 children investment fund interest earnings
based on:
11 (1) The average daily
balance of moneys in the family and children
12 investment fund for the preceding month;
and
13 (2) the net earnings
rate of the pooled money investment portfolio
14 for the preceding month.
15 Sec. 45. K.S.A.
38-1812 is hereby amended to read as follows: 38-
16 1812. (a) Subject to the availability of
funds in the permanent families
17 account of the family and children
investment fund for citizen review
18 boards, and subject to a request from a
judicial district, there shall be
19 local citizen review boards in judicial
districts, or portions of such districts.
20 (b) The
administrative chief judge of the judicial
district, or such
21 judge's designation of another judge, shall
appoint three to seven citizens
22 from the community to serve on each local
citizen review board. Such
23 members shall represent the various
socioeconomic and ethnic groups of
24 the judicial district, and shall have a
special interest in children. Such
25 judge may also appoint alternates when
necessary.
26 (c) The term of
appointment shall be two years and members may
27 be reappointed.
28 (d) Members shall serve
without compensation but may be reim-
29 bursed for mileage for out-of-county
reviews.
30 (e) Each local citizen
review board shall meet quarterly and may meet
31 monthly if the number of cases to review
requires such meetings.
32 (f) Members and
alternates appointed to local citizen review boards
33 shall receive at least six hours of
training before reviewing a case.
34 Sec. 46. K.S.A.
39-1702 is hereby amended to read as follows: 39-
35 1702. As used in this act:
36 (a) ``Children and
adolescents who require multiple levels and kinds
37 of specialized services which are beyond
the capability of one agency''
38 means children and adolescents who are
residents of Kansas, and with
39 respect to whom there is documentation
that: (1) Various agencies have
40 acknowledged the need for a certain type of
service and have taken action
41 to provide that level of care; (2) various
agencies have collaborated to
42 develop a program plan to meet the needs of
the child or adolescent; and
43 (3) various agencies have collaborated to
develop programs and funding
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35
1 to meet the need of the child or
adolescent, and that existing or alternative
2 programs and funding have been
exhausted or are insufficient or inap-
3 propriate in view of the distinctive
nature of the situation of the child or
4 adolescent.
5 (b) ``Agency''
means and includes county health departments, area
6 offices of the department of social
and rehabilitation services, district
7 offices of the department of health
and environment, local offices of the
8 department of human resources, boards
of education of public school
9 districts, community mental health
centers, community facilities for the
10 mentally retarded/developmentally disabled,
district courts, county com-
11 missions, and law enforcement agencies.
12 (c) ``Authorized
decision makers'' means agency representatives who
13 have the authority to commit the resources
of the agency they represent
14 in the provision of services to any child
or adolescent whose needs are
15 brought before a regional interagency
council.
16 (d) ``District court''
means the administrative chief judge for a
judicial
17 district.
18 (e) ``Parent'' means a
natural parent, an adoptive parent, a stepparent,
19 a foster care provider of a child or
adolescent for whom services are
20 needed from more than one agency, or a
person acting as parent of a
21 child or adolescent for whom services are
needed from more than one
22 agency.
23 (f) ``Person acting as
parent'' means a guardian or conservator, or a
24 person, other than a parent, who is liable
by law to maintain, care for, or
25 support a child or adolescent, or who has
actual care and custody of the
26 child or adolescent and is contributing the
major portion of the cost of
27 support of the child or adolescent, or who
has actual care and control of
28 the child or adolescent with the written
consent of a person who has legal
29 custody of the child or adolescent, or who
has been granted custody of
30 the child or adolescent, by a court of
competent jurisdiction.
31 Sec. 47. K.S.A.
1997 Supp. 44-555c is hereby amended to read as
32 follows: 44-555c. (a) There is hereby
established the workers compen-
33 sation board. The board shall have
exclusive jurisdiction to review all
34 decisions, findings, orders and awards of
compensation of administrative
35 law judges under the workers compensation
act. The review by the board
36 shall be upon questions of law and fact as
presented and shown by a
37 transcript of the evidence and the
proceedings as presented, had and
38 introduced before the administrative law
judge. The board shall be within
39 the division of workers compensation of the
department of human re-
40 sources and all budgeting, personnel,
purchasing and related manage-
41 ment functions of the board shall be
administered under the supervision
42 and direction of the secretary of human
resources. The board shall consist
43 of five members who shall be appointed by
the secretary in accordance
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36
1 with this section and who shall each
serve for a term of four years, except
2 as provided for the first members
appointed to the board under subsec-
3 tion (f).
4 (b) Each board
member shall be an attorney regularly admitted to
5 practice law in Kansas for a period
of at least seven years and shall have
6 engaged in the active practice of law
during such period as a lawyer, judge
7 of a court of record or any court in
Kansas or a full-time teacher of law
8 in an accredited law school, or any
combination of such types of practice.
9 (c) Each board
member shall receive an annual salary in an amount
10 equal to the salary prescribed by law for a
district judge, except that the
11 member who is the chairperson of the
workers compensation board shall
12 receive an annual salary in an amount equal
to the salary prescribed for
13 a district judge designated as
administrative chief judge of a district
court
14 of Kansas. The board members shall devote
full time to the duties of such
15 office and shall not engage in the private
practice of law during their term
16 of office. No board member may receive
additional compensation for
17 official services performed by the board
member. Each board member
18 shall be reimbursed for expenses incurred
in the performance of such
19 official duties under the same
circumstances and to the same extent as
20 judges of the district court are reimbursed
for such expenses.
21 (d) Applications for
membership on the board shall be submitted to
22 the director of workers compensation. The
director shall determine if an
23 applicant meets the qualifications for
membership on the board pre-
24 scribed in subsection (b). Qualified
applicants for the board will be sub-
25 mitted by the director to the workers
compensation board nominating
26 committee for consideration.
27 (e) There is hereby
established the workers compensation board
28 nominating committee which shall be
composed of two members ap-
29 pointed as follows: The Kansas
AFL-CIO and the Kansas chamber of
30 commerce and industry shall each select one
representative to serve on
31 the workers compensation board nominating
committee and shall give
32 written notice of the selection to the
secretary who shall appoint such
33 representatives to the committee. In the
event of a vacancy occurring for
34 any reason on the nominating committee, the
respective member shall
35 be replaced by the appointing organization
with written notice of the
36 appointment to the secretary of human
resources within 30 days of such
37 vacancy.
38 (f) (1) Upon being
notified of any vacancy on the board or of the
39 need to appoint a member pro tem under
subsection (i), the nominating
40 committee shall consider all qualified
applicants submitted by the director
41 for the vacant position on the board or the
member pro tem position and
42 nominate a person qualified therefor. The
nominating committee shall
43 be required to reach unanimous agreement on
any nomination to the
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37
1 board. With respect to each person
nominated, the secretary either shall
2 accept and appoint the person
nominated by the nominating committee
3 to the position on the board for
which the nomination was made or shall
4 reject the nomination and request the
nominating committee to nominate
5 another person for that position.
Upon receipt of any such request for
6 the nomination of another person, the
nominating committee shall nom-
7 inate another person for that
position in the same manner.
8 (2) The first
members of the board established by this section are
9 hereby appointed as follows: Each
person who was a member of the
10 workers compensation board which was in
existence on January 12, 1995,
11 is hereby appointed, effective January 13,
1995, as a member of the board
12 established by this section. The term of
office of each person so appointed
13 as a member of the board established by
this section is for the period
14 equal to the remainder of the term of
office such person had as of January
15 12, 1995, as a member of the workers
compensation board which was in
16 existence on January 12, 1995.
17 (3) Each member of the
board shall hold office for the term of the
18 appointment and until the successor shall
have been appointed. Succes-
19 sors to such members shall be appointed for
terms of four years.
20 (4) If a vacancy should
occur on the board during the term of a mem-
21 ber, the nominating committee shall
nominate an individual from the
22 qualified applicants submitted by the
director to complete the remainder
23 of the unexpired portion of the term. With
respect to each person so
24 nominated, the secretary either shall
accept and appoint the person nom-
25 inated to the board or shall reject the
nomination and request the nom-
26 inating committee to nominate another
person for the position. Upon
27 receipt of any such request for the
nomination of another person, the
28 nominating committee shall nominate another
person for the position in
29 the same manner.
30 (g) Following the
completion of a term, board members who wish to
31 be considered for reappointment to the
board shall be deemed to have
32 met the qualification requirements for
selection to the board and shall
33 be considered for renomination by the
workers compensation board nom-
34 inating committee.
35 (h) The members of the
board shall annually elect one member to
36 serve as chairperson.
37 (i) If illness or other
temporary disability of a member of the board
38 will not permit the member to serve during
a case or in any case in which
39 a member of the board must be excused from
serving because of a conflict
40 or is otherwise disqualified with regard to
such case, the director shall
41 notify the workers compensation nominating
committee of the need to
42 appoint a member pro tem. Upon receipt of
such notice, the committee
43 shall act as soon as possible and nominate
a qualified person to serve as
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1 member pro tem in such case in
accordance with subsection (f). Each
2 member pro tem shall receive
compensation at the same rate as a member
3 of the board receives, prorated for
the hours of actual service as a member
4 pro tem and shall receive expenses
under the same circumstances and to
5 the same extent as a member of the
board receives. Each member pro
6 tem shall have all the powers, duties
and functions of a member of the
7 board with regard to the case.
8 (j) The board
shall maintain principal offices in Topeka, Kansas, and
9 the board may conduct hearings at a
courthouse of any county in Kansas
10 or at another location specified by the
board. The secretary of human
11 resources shall provide a courtroom and
other suitable quarters in To-
12 peka, Kansas, for the use of the board and
its staff. When the board
13 conducts hearings at any location other
than in Topeka, Kansas, the di-
14 rector shall make suitable arrangements for
such hearings. Subject to the
15 provisions of appropriation acts, the
director shall provide such supplies
16 and equipment and shall appoint such
support personnel as may be nec-
17 essary for the board to fulfill the duties
imposed by this act, subject to
18 approval by the secretary.
19 (k) For purposes of
hearing cases, the board may sit together or in
20 panels of two members or more, designated
by the chairperson of the
21 board, except that an appeal from a
preliminary award entered under
22 K.S.A. 44-534a and amendments thereto may
be heard by a panel of one
23 member designated by the chairperson. All
members of the board shall
24 determine each matter before the board. All
decisions, reviews and de-
25 terminations by Orp board shall be approved
in writing by at least three
26 board members. Whenever the board enters a
final order in any pro-
27 ceeding, the board shall make written
findings of fact and conclusions of
28 law forming the basis of the board's
determination and final order. The
29 findings of fact and conclusions of law of
the board shall be made a part
30 of the final order. The board shall mail a
copy of the final order of the
31 board to all parties to the proceeding
within three days following the
32 issuance of the final order.
33 Sec. 48. K.S.A.
59-2402 is hereby amended to read as follows: 59-
34 2402. In any proceeding pending in the
district court before a district
35 magistrate judge, when it appears that a
decision upon any question of
36 which such judge does not have jurisdiction
is necessary to a full deter-
37 mination of the proceeding, such question
shall be submitted to the ad-
38 ministrative chief
judge. The administrative chief judge may
assign the
39 entire case to a district judge or may
assign just the question to a district
40 judge for determination, after which the
case may be reassigned to the
41 district magistrate judge.
42 Sec. 49. K.S.A.
59-2402a is hereby amended to read as follows: 59-
43 2402a. When a petition is filed in the
district court and a district magis-
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39
1 trate judge is assigned to hear such
petition, any interested party may
2 request the transfer of the matter to
the administrative chief judge for
3 assignment to a district judge if the
petition is:
4 (1) To admit a
will to probate;
5 (2) to determine
venue or a transfer of venue;
6 (3) to allow any
claim exceeding $500 in value;
7 (4) for the sale,
lease or mortgage of real estate;
8 (5) for conveyance
of real estate under contract;
9 (6) for payment of
a legacy or distributive share;
10 (7) for partial or final
distribution;
11 (8) for an order
compelling a legatee or distributee to refund;
12 (9) for an order to
determine heirs, devisees or legatees; or
13 (10) for an order which
involves construction of a will or other in-
14 strument.
15 When a request for such
transfer is filed less than three days prior to
16 the commencement of the hearing, the court
shall assess the costs occa-
17 sioned by the subpoena and attendance of
witnesses against the party
18 seeking the transfer. Such request may be
included in any petition, answer
19 or other pleading, or may be filed as a
separate petition, and shall include
20 an allegation that a bona fide controversy
exists and that the transfer is
21 not sought for the purpose of vexation or
delay. Notice of such request
22 shall be given as ordered by the court.
23 Sec. 50. K.S.A.
59-2402b is hereby amended to read as follows: 59-
24 2402b. Upon the filing of such request the
administrative chief judge may
25 assign the case in its entirety to a
district judge or only for a determination
26 of the specific issues raised. If the
administrative chief judge assigns only
27 for determination of specific issues, the
case may be reassigned to the
28 district magistrate judge. The
determination of issues shall be as on appeal
29 as provided in K.S.A. 59-2408 and
amendments thereto.
30 Sec. 51. K.S.A.
59-2402d is hereby amended to read as follows: 59-
31 2402d. When a trust estate is created by a
will admitted to probate by
32 order of any district magistrate judge of
this state, any beneficiary or the
33 trustee of such trust estate may at any
time file a petition requesting the
34 transfer of such trust estate to the
administrative chief judge for assign-
35 ment to a district judge. Notice shall be
given as ordered by the court, if
36 notice is found by the court to be
necessary. Upon the filing of such
37 request, the district magistrate judge
shall transfer the file in the estate,
38 or so much thereof as may be necessary for
a proper administration of
39 the trust estate, to the
administrative chief judge.
40 Appeals from judgments and
orders of a district judge made pursuant
41 to this act may be taken as appeals in
other civil cases.
42 Sec. 52. K.S.A.
59-2408 is hereby amended to read as follows: 59-
43 2408. Whenever an appeal has been taken
from an order, judgment, de-
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40
1 cree or decision of a district
magistrate judge, the district judge to which
2 the appeal is assigned by the
administrative chief judge, without
unnec-
3 essary delay, shall proceed to hear
and determine all issues in the matter
4 de novo and shall allow and
may require pleadings to be filed or amended.
5 The right to file new pleadings shall
not be abridged or restricted by the
6 pleadings filed, or by failure to
file pleadings, in the proceedings before
7 the district magistrate judge; nor
shall the trial or the issues to be consid-
8 ered by the district judge be
abridged or restricted by any failure to
9 appear or by the evidence introduced,
or the absence or insufficiency
10 thereof, in the proceedings before the
district magistrate judge.
11 All appeals from a district
magistrate judge other than those from the
12 allowance or disallowance of a demand,
adjudging or refusing to adjudge
13 a person an incapacitated person, and the
granting, or refusing to grant,
14 of an order for care or treatment, shall be
tried by the court without a
15 jury, but the court may call a jury in an
advisory capacity or in a proper
16 case may refer the matter or part thereof
to a referee.
17 Sec. 53. K.S.A.
60-465a is hereby amended to read as follows: 60-
18 465a. The photographs, microphotographs or
photographic film or prints
19 or reproductions of the original records as
authorized in K.S.A. 20-159
20 and amendments thereto shall be
deemed to be an original record for all
21 purposes, and may be used as evidence in
all courts or administrative
22 agencies. A copy thereof, certified in
writing by the person designated by
23 the administrative
chief judge of the judicial district as having custody
of
24 such reproduction, may be used as evidence
in all courts or administrative
25 agencies.
26 Sec. 54. K.S.A.
60-2601a is hereby amended to read as follows: 60-
27 2601a. In any county which has a computer
information storage and re-
28 trieval system for the use of the clerk of
the district court of such county,
29 the records and information required to be
maintained in the dockets and
30 journals under the provisions of
section 60-2601 subsections (b) (1),
(2),
31 (3), and (4) of K.S.A. 60-2601 and
amendments thereto may, upon order
32 of the administrative
chief judge of such court, be maintained in such
33 computer information storage and retrieval
system. The clerk of the dis-
34 trict court of such county shall be charged
with the responsibility of mak-
35 ing such records and information maintained
in such computer infor-
36 mation storage and retrieval system
accessible to the public during normal
37 working hours.
38 Sec. 55. K.S.A.
60-3502 is hereby amended to read as follows: 60-
39 3502. If a professional malpractice
liability action is filed in a district court
40 of this state and one of the parties to the
action requests, by filing a
41 memorandum with the court, that a
professional malpractice screening
42 panel be convened, the judge of the
district court or, if the district court
43 has more than one division, the
administrative chief judge of such
court
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41
1 shall convene a professional
malpractice screening panel, hereafter re-
2 ferred to as the screening panel. If
a claim for damages arising out of the
3 rendering of or failure to render
services by a professional licensee has
4 not been formalized by the filing of
a petition, any party affected by such
5 claim may request, by filing a
memorandum with the court, that a screen-
6 ing panel be convened and, if such
request is made, the judge of the
7 district court or, if the
district court has more than one division, the
8 administrative
chief judge of such court shall convene a screening
panel.
9 The membership of the
screening panel shall be selected as follows:
10 (a) A person licensed in the same
profession as the defendant or person
11 against whom the claim is filed, designated
by the defendant or by the
12 person against whom the claim is made if no
petition has been filed; (b)
13 a person licensed in the same profession as
the defendant or person
14 against whom the claim is filed, designated
by the plaintiff or by the
15 claimant if no petition has been filed; (c)
a person licensed in the same
16 profession as the defendant or person
against whom the claim is filed,
17 selected jointly by the plaintiff and the
defendant or by the claimant and
18 the person against whom the claim is made,
if no petition has been filed;
19 and (d) an attorney selected by the judge
of the district court or, if the
20 district court has more than one
division, the administrative chief
judge
21 of such court from a list of attorneys
maintained by the judge of the
22 district court for such purpose. Such
attorney shall be a nonvoting mem-
23 ber of the screening panel but shall act as
chairperson of the screening
24 panel.
25 The state agency which
licenses, registers, certifies or otherwise is re-
26 sponsible for the practice of any group of
professional licensees shall
27 maintain and make available to the parties
to the proceeding a current
28 list of professional licensees who are
willing and available to serve on the
29 screening panel. The persons appointed
shall constitute the screening
30 panel for the particular professional
malpractice claim to be heard.
31 Sec. 56. K.S.A.
60-3503 is hereby amended to read as follows: 60-
32 3503. The district judge or, if the
district court has more than one division,
33 the administrative
chief judge of such court shall notify the parties to
the
34 action that a screening panel has been
convened and that the members
35 of such screening panel are to be appointed
within 10 days of the receipt
36 of such notice. If the plaintiff and the
defendant or, if no petition has
37 been filed, the claimant and the party
against whom the claim is made
38 are unable to jointly select a professional
licensee within 10 days after
39 receipt of notice that a screening panel
has been convened, the judge of
40 the district court or, if the
district court has more than one division, the
41 administrative
chief judge of such court shall select such professional
li-
42 censee.
43 Sec. 57. K.S.A.
60-3505 is hereby amended to read as follows: 60-
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42
1 3505. (a) Within 90 days after the
screening panel is commenced, such
2 panel shall make written
recommendations on the issue of whether the
3 professional licensee departed from
the standard of conduct in a way
4 which caused the plaintiff or
claimant damage. A concurring or dissenting
5 member of the screening panel may
file a written concurring or dissenting
6 opinion. All written opinions shall
be supported by corroborating refer-
7 ences to published literature and
other relevant documents.
8 (b) The screening
panel shall notify all parties when its determination
9 is to be handed down, and, within
seven days of its decision, shall provide
10 a copy of its opinion and any concurring or
dissenting opinion to each
11 party and each attorney of record and to
the judge of the district court
12 or, if the district court has more
than one division, the administrative
13 chief judge of such court. The
screening panel shall also provide a copy
14 of its opinion and any concurring or
dissenting opinions, and the reasons
15 therefor, to the commissioner of
insurance.
16 (c) The written report
of the screening panel shall be admissible in
17 any subsequent legal proceeding, and either
party may subpoena any and
18 all members of the panel as witnesses for
examination relating to the
19 issues at trial.
20 Sec. 58. K.S.A.
61-1720 is hereby amended to read as follows: 61-
21 1720. (a) By plaintiff. Whenever a
plaintiff demands judgment beyond
22 the scope of actions authorized by the
provisions of K.S.A. 61-1603 and
23 amendments thereto, the court shall
either: (1) Transfer the action to the
24 administrative
chief judge for assignment and hearing pursuant to
chapter
25 60 of the Kansas Statutes Annotated,
assessing the increased docket fee
26 to the plaintiff,;
or (2) allow the plaintiff to amend his or her
the pleadings
27 and service of process to bring the demand
for judgment within the scope
28 of actions authorized by the provisions of
K.S.A. 61-1603 and amendments
29 thereto, assessing the costs accrued
to the plaintiff.
30 (b) By defendant.
If a defendant asserts a counterclaim or cross-claim
31 beyond the scope of chapter 61 of the
Kansas Statutes Annotated, the
32 case shall be referred to the
administrative chief judge for assignment
and
33 hearing pursuant to chapter 60 of the
Kansas Statutes Annotated, assess-
34 ing the increased docket fee to the
defendant.
35 Sec. 59. K.S.A.
61-1724 is hereby amended to read as follows: 61-
36 1724. In any action commenced pursuant to
this chapter in which a dis-
37 trict magistrate judge is presiding and in
which it appears to the satisfac-
38 tion of the judge that title to real estate
is sought to be recovered or an
39 equitable or legal interest in real estate
is sought to be established, the
40 action shall be stayed before such court.
The judge shall notify the ad-
41 ministrative chief
judge of the district of the stay and, within 10 days after
42 the action is stayed, shall transmit all
papers and process in the action to
43 the clerk of the district court of the
county for assignment to a district
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43
1 judge.
2 The judge before whom
the action is commenced shall require of the
3 defendant setting up such question to
file a bill of particulars setting forth
4 a full and specific statement of the
facts constituting the defendant's de-
5 fense of the real estate which is
brought in question; and the defendant
6 shall be required to make affidavit
of the truthfulness of the statements
7 contained in the defendant's bill of
particulars, and that the defense is
8 bona fide and not made for vexation
or delay, but for the promotion of
9 justice.
10 Sec. 60. K.S.A.
61-2103 is hereby amended to read as follows: 61-
11 2103. Subject to rule of the supreme court,
once an appeal is perfected,
12 if the judge from whom such appeal is taken
is a district magistrate judge,
13 such judge shall notify the
administrative chief judge that the appeal
has
14 been perfected. The
administrative chief judge then shall
assign the case
15 to a district judge to hear the appeal.
16 Sec. 61. K.S.A.
61-2709 is hereby amended to read as follows: 61-
17 2709. (a) An appeal may be taken from any
judgment under the small
18 claims procedure act. All appeals shall be
by notice of appeal specifying
19 the party or parties taking the appeal and
the order, ruling, decision or
20 judgment complained of and shall be filed
with the clerk of the district
21 court within 10 days after entry of
judgment. All appeals shall be tried
22 and determined de novo before a
district judge, other than the judge
23 from which the appeal is taken. The
provisions of K.S.A. 60-2001 and 61-
24 1716, and amendments thereto, shall be
applicable to actions appealed
25 pursuant to this subsection. The appealing
party shall cause notice of the
26 appeal to be served upon all other parties
to the action in accordance
27 with the provisions of K.S.A. 60-205 and
amendments thereto. An appeal
28 shall be perfected upon the filing of the
notice of appeal. When the appeal
29 is perfected, the clerk of the court or the
judge from which the appeal is
30 taken shall refer the case to the
administrative chief judge for
assignment
31 in accordance with this section. All
proceedings for the enforcement of
32 any judgment under the small claims
procedure act shall be stayed during
33 the time within which an appeal may be
taken and during the pendency
34 of an appeal, without the necessity of the
appellant filing a supersedeas
35 bond. If the appellee is successful on an
appeal pursuant to this subsec-
36 tion, the court shall award to the
appellee, as part of the costs, reasonable
37 attorney fees incurred by the appellee on
appeal.
38 (b) Any order, ruling,
decision or judgment rendered by a district
39 judge on an appeal taken pursuant to
subsection (a) may be appealed in
40 the manner provided in article 21 of
chapter 60 of the Kansas Statutes
41 Annotated.
42 Sec. 62. K.S.A.
65-205 is hereby amended to read as follows: 65-205.
43 Whenever it shall be determined that the
public health and sanitation of
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44
1 any city or county may be best
promoted by the creation of a joint board
2 of health for any two or more cities,
counties, or city and county the
3 governing bodies of such
municipalities may so declare by resolution and
4 may, by agreement with each other,
establish a joint board of health with
5 the same powers, duties, and
limitations as are now or hereafter may be
6 provided by law for the creation and
conduct of boards of health to act
7 severally in such municipalities.
Upon the creation of any such board of
8 health all the jurisdiction, powers
and duties now conferred by law upon
9 any local, municipal or county board
of health shall be withdrawn from
10 such local, municipal or county board of
health and conferred upon the
11 joint board of health. In all counties
having a population of more than
12 ;(tri-stars)ree hundred thousand
(300,000) 300,000 such board of health existing
13 on July 1, 1974, is hereby abolished and in
its place a joint board is hereby
14 created and shall consist of eleven
(11) 11 persons who shall be appointed
15 as follows:
16 Five (5)
members, one (1) of whom shall be a medical doctor
who is
17 duly licensed to practice in the state of
Kansas, shall be appointed by the
18 governing body of the first-class city
located within such county; five (5)
19 members, one (1) of whom
shall be a psychiatrist who is duly licensed to
20 practice in the state of Kansas, shall be
appointed by the board of county
21 commissioners, and one (1)
member shall be appointed by the adminis-
22 trative chief
district judge of such county, and such member shall be a
23 pharmacist duly licensed under the laws of
the state of Kansas; said. Such
24 members shall hold such office for a term
of four (4) years and until their
25 successors are appointed and qualified,
except that the members of the
26 first board appointed on or after July 1,
1974, shall hold their offices for
27 terms as follows: Three
(3) members appointed by the governing body of
28 the first-class city located within such
county for a term of one (1) year
29 and two (2) members
appointed by such governing body for terms of
30 three (3) years; three
(3) members appointed by the board of county
31 commissioners of such county for terms of
four (4) years and two (2)
32 members appointed by such board of county
commissioners for terms of
33 two (2) years; one
(1) member appointed by the
administrative chief dis-
34 trict judge of such county for a term of
two (2) years, and the appointing
35 authority, appointing more than one member,
shall designate the term
36 for which each is to serve;
said. Such members shall be eligible for reap-
37 pointment, but at no time shall a majority
of said such board be composed
38 of medical doctors. The actions of
said such board shall be subject to the
39 approval of the governing bodies of the
city and county sitting en banc
40 and said such
governing bodies may, while sitting en banc, provide by
41 mutual agreement and resolution, rules and
regulations for the operation
42 of said such joint
board of health. All the powers, duties and functions
43 conferred or imposed by law upon
said such joint board of health in
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45
1 existence prior to July 1, 1974, and
abolished by the provisions of this act,
2 are hereby transferred and conferred
upon the joint board of health cre-
3 ated by this act.
4
Sec. 63. K.S.A. 65-4901 is hereby amended to read as
follows: 65-
5 4901. If a petition is filed in a
district court of this state claiming damages
6 for personal injury or death on
account of alleged medical malpractice of
7 a health care provider and one of the
parties to the action requests, by
8 filing a memorandum with the court,
that a medical malpractice screening
9 panel be convened, the judge of the
district court or, if the district court
10 has more than one division, the
administrative chief judge of such
court
11 shall convene a medical malpractice
screening panel, hereafter referred
12 to as the ``screening panel.'' If a
petition is filed in a district court of this
13 state claiming damages for personal injury
or death on account of alleged
14 medical malpractice of a health care
provider and none of the parties to
15 the action requests that a screening panel
be convened, the judge may
16 convene a screening panel upon the judge's
own motion. If a claim for
17 damages for personal injury or death on
account of alleged medical mal-
18 practice of a health care provider has not
been formalized by the filing
19 of a petition, any party affected by such
claim may request, by filing a
20 memorandum with the court, that a screening
panel be convened, and if
21 such request is made the judge of the
district court or, if the district court
22 has more than one division, the
administrative chief judge of such
court
23 shall convene a screening panel.
24 The membership of the
screening panel shall be selected as follows:
25 (a) A health care provider designated by
the defendant or by the person
26 against whom the claim is made if no
petition has been filed; (b) a health
27 care provider designated by the plaintiff
or by the claimant if no petition
28 has been filed; (c) a health care provider
selected jointly by the plaintiff
29 and the defendant or by the claimant and
the person against whom the
30 claim is made if no petition has been
filed; and (d) an attorney selected
31 by the judge of the district court or, if
the district court has more than
32 one division, the
administrative chief judge of such court
from a list of
33 attorneys maintained by the judge of the
district court or, if the district
34 court has more than one division, the
administrative chief judge of such
35 court for such purpose. Such attorney shall
be a non-voting member of
36 the screening panel but shall act as
chairperson of the screening panel.
37 The state agency which
licenses, registers, certifies or otherwise is re-
38 sponsible for the practice of any group of
health care providers shall
39 maintain and make available to the parties
to the proceeding a current
40 list of health care providers who are
willing and available to serve on the
41 screening panel. The persons appointed
shall constitute the screening
42 panel for the particular medical
malpractice claim to be heard.
43 Sec. 64. K.S.A.
65-4902 is hereby amended to read as follows: 65-
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46
1 4902. The district judge or, if the
district court has more than one division,
2 the administrative
chief judge of such court shall notify the parties to
the
3 action that a screening panel has
been convened and that the members
4 of such screening panel are to be
appointed within 10 days of the receipt
5 of such notice. If the plaintiff and
the defendant or, if no petition has
6 been filed, the claimant and the
party against whom the claim is made
7 are unable to jointly select a health
care provider within 10 days after
8 receipt of notice that a screening
panel has been convened, the judge of
9 the district court or, if the
district court has more than one division, the
10 administrative
chief judge of such court shall select such health care
pro-
11 vider.
12 Sec. 65. K.S.A.
65-4904 is hereby amended to read as follows: 65-
13 4904. (a) Within 90 days after the
screening panel is commenced, such
14 panel shall make written recommendations on
the issue of whether the
15 health care provider departed from the
standard of care in a way which
16 caused the plaintiff or claimant damage. A
concurring or dissenting mem-
17 ber of the screening panel may file a
written concurring or dissenting
18 opinion. All written opinions shall be
supported by corroborating refer-
19 ences to published literature and other
relevant documents.
20 (b) The screening panel
shall notify all parties when its determination
21 is to be handed down, and, within seven
days of its decision, shall provide
22 a copy of its opinion and any concurring or
dissenting opinion to each
23 party and each attorney of record and to
the judge of the district court
24 or, if the district court has more than one
division, the administrative
25 chief judge of such court. The
screening panel shall also provide a copy
26 of its opinion and any concurring or
dissenting opinions, and the reasons
27 therefor, to the commissioner of
insurance.
28 (c) The written report
of the screening panel shall be admissible in
29 any subsequent legal proceeding, and either
party may subpoena any and
30 all members of the panel as witnesses for
examination relating to the
31 issues at trial.
32 Sec. 66. K.S.A.
1997 Supp. 72-8906 is hereby amended to read as
33 follows: 72-8906. (a) Any person, hearing
officer or any member of a
34 committee or the board of education
conducting a hearing under this act
35 may: (1) Administer oaths for the purpose
of taking testimony;
36 (2) call and examine
witnesses and receive documentary and other
37 evidence; and
38 (3) take any other
action necessary to make the hearing accord with
39 procedural due process.
40 (b) Any hearing officer,
any member of a committee or the board of
41 education holding a formal hearing or an
appeal hearing under this act
42 may and, upon the request of any pupil for
whom any such hearing is
43 held or upon the request of the pupil's
parents or guardians or counsel,
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47
1 shall petition the
administrative chief judge of the judicial
district in which
2 the school district is located
requesting that the clerk of the district court
3 be authorized to issue subpoenas for
the attendance and testimony of the
4 principal witness or witnesses and
the production of books, records, re-
5 ports, papers and documents relating
to the proposed suspension or ex-
6 pulsion from school in the same
manner as provided for the issuance of
7 subpoenas in civil actions pursuant
to K.S.A. 60-245, and amendments
8 thereto.
9
Sec. 67. K.S.A. 74-2434 is hereby amended to read as
follows: 74-
10 2434. (a) Each member of the board shall
receive an annual salary as
11 provided in this section. Each of the
members of the board shall devote
12 full time to the duties of such office.
13 (b) (1) The annual
salary of the chairperson shall be an amount equal
14 to the annual salary paid by the state to a
district judge designated as
15 administrative
chief judge; and
16 (2) the annual salary of
each member other than the chairperson shall
17 be an amount which is $2,465 less than the
annual salary of the chair-
18 person.
19 Sec. 68. K.S.A.
75-3120g is hereby amended to read as follows: 75-
20 3120g. (a) The annual salary of district
judges shall be paid in equal in-
21 stallments each payroll period in
accordance with this section.
22 (b) Except as otherwise
provided in K.S.A. 75-3120l and amendments
23 thereto, the annual salary of district
judges, other than district judges
24 designated as
administrative chief judges, shall be
$71,291.
25 (c) Except as otherwise
provided in K.S.A. 75-3120l and amendments
26 thereto, the annual salary of district
judges designated as administrative
27 chief judges shall be $72,105.
28 (d) No county may
supplement the salary of, or pay any compensation
29 to, any district judge.
30 Sec. 69. K.S.A.
75-5297 is hereby amended to read as follows: 75-
31 5297. (a) Subject to the other provisions
of this section, each corrections
32 advisory board established under this act
shall consist of 12 or more mem-
33 bers who shall be representative of law
enforcement, prosecution, the
34 judiciary, education, corrections, ethnic
minorities, the social services and
35 the general public and shall be appointed
as follows:
36 (1) The law enforcement
representatives shall be: (A) The sheriff or,
37 if two or more counties are cooperating,
the sheriff selected by the sheriffs
38 of those counties, or the designee of that
sheriff, and (B) the chief of
39 police of the city with the largest
population at the time the board is
40 established or, if two or more counties are
cooperating, the chief of police
41 selected by the chiefs of police of each
city with the largest population in
42 each county at the time the board is
established, or the designee of that
43 chief of police, except that for purposes
of this paragraph (1) in the case
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48
1 of a county having consolidated law
enforcement and not having a sheriff
2 or any chiefs of police, ``sheriff''
means the law enforcement director and
3 ``chief of police of the city with
the largest population'' or ``chief of police''
4 means a law enforcement officer,
other than the law enforcement direc-
5 tor, appointed by the county law
enforcement agency for the purposes of
6 this section;
7 (2) the
prosecution representative shall be the county or district at-
8 torney or, if two or more counties
are cooperating, a county or district
9 attorney selected by the county and
district attorneys of those counties,
10 or the designee of that county or district
attorney;
11 (3) the judiciary
representative shall be the administrative
chief judge
12 of the district court of the judicial
district containing the county or group
13 of counties or, if two or more counties in
two or more judicial districts
14 are cooperating, the
administrative chief judge of each such
judicial dis-
15 trict, or a judge of the district court
designated by each such administra-
16 tive chief
judge;
17 (4) the education
representative shall be an educational professional
18 appointed by the board of county
commissioners of the county or, if two
19 or more counties are cooperating, by the
boards of county commissioners
20 of those counties;
21 (5) a court services
officer designated by the administrative
chief
22 judge of the district court of the judicial
district containing the county or
23 group of counties or, if counties in two or
more judicial districts are co-
24 operating, a court services officer
designated by the administrative chief
25 judges of those judicial districts;
26 (6) the board of county
commissioners of the county shall appoint or,
27 if two or more counties are cooperating,
the boards of county commis-
28 sioners of those counties shall together
appoint three additional members
29 of the corrections advisory board or, if
necessary, additional members so
30 that each county which is not otherwise
represented on the board is rep-
31 resented by at least one member of such
board; and
32 (7) three members of the
corrections advisory board shall be ap-
33 pointed by cities located within the county
or group of cooperating coun-
34 ties as follows: (A) If there are three or
more cities of the first class, the
35 governing body of each of the three cities
of the first class having the
36 largest populations shall each appoint one
member; (B) if there are two
37 cities of the first class, the governing
body of the larger city of the first
38 class shall appoint two members and the
governing body of the smaller
39 city of the first class shall appoint one
member; (C) if there is only one
40 city of the first class, the governing body
of such city shall appoint all
41 three members; and (D) if there are no
cities of the first class, the gov-
42 erning body of each of the three cities
having the largest populations shall
43 each appoint one member.
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49
1 (b) If possible,
of the members appointed by the boards of county
2 commissioners in accordance with
subsection (a)(6) and by the governing
3 bodies of cities in accordance with
subsection (a)(7), members shall be
4 representative of one or more of the
following: (1) Parole officers; (2)
5 public or private social service
agencies; (3) ex-offenders; (4) the health
6 care professions; and (5) the general
public.
7 (c) At least two
members of each corrections advisory board shall be
8 representative of ethnic minorities
and no more than 2/3 of the members
9 of each board shall be members of the
same sex.
10 (d) In lieu of the
provisions of subsections (a) through (c), a group of
11 cooperating counties as provided in
subsection (a)(2) of K.S.A. 75-52,110
12 may establish a corrections advisory board
which such board's member-
13 ship shall be determined by such group of
counties through cooperative
14 action pursuant to the provisions of K.S.A.
12-2901 through 12-2907 and
15 amendments thereto, to the extent that
those statutes do not conflict with
16 the provisions of this act, except that if
two or more counties in two or
17 more judicial districts are cooperating,
the administrative chief judge of
18 each such judicial district, or a judge of
the district court designated by
19 each such administrative
chief judge shall be a member of such board. In
20 determining the membership of the
corrections advisory board pursuant
21 to this subsection, such group of counties
shall appoint members who are
22 representative of law enforcement,
prosecution, the judiciary, education,
23 corrections, ethnic minorities, the social
services and the general public.
24 Any corrections advisory board established
and the membership deter-
25 mined pursuant to this subsection shall be
subject to the approval of the
26 secretary of corrections.
27 Sec. 70. K.S.A.
75-52,110 is hereby amended to read as follows:
28 75-52,110. (a) Before July 1, 1990, each
county in this state, based on the
29 recommendation from the
administrative chief judge of the judicial
dis-
30 trict in which each such county is located
as provided in subsection (b),
31 shall have:
32 (1) Established a
corrections advisory board in accordance with
33 K.S.A. 75-5297 and amendments thereto and
adopted a comprehensive
34 plan for the development, implementation,
operation and improvement
35 of the correctional services described in
K.S.A. 75-5291 and amendments
36 thereto which has been approved by the
secretary of corrections and
37 which, in addition to such matters as are
prescribed by rules and regu-
38 lations of the secretary of corrections,
provides for centralized adminis-
39 tration and control of the correctional
services under such plan;
40 (2) entered into an
agreement with a group of cooperating counties
41 to establish a regional or multi-county
community correctional services
42 program; established a corrections advisory
board in accordance with
43 K.S.A. 75-5297 and amendments thereto; and
adopted a comprehensive
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50
1 plan for the development,
implementation, operation and improvement
2 of the correctional services
described in K.S.A. 75-5291 and amendments
3 thereto which has been approved by
the secretary of corrections and
4 which, in addition to such matters as
are prescribed by rules and regu-
5 lations of the secretary of
corrections, provides for centralized adminis-
6 tration and control of the
correctional services under such plan. Such
7 group of counties may comply with the
provisions of this subsection
8 through cooperative action pursuant
to the provisions of K.S.A. 12-2901
9 through 12-2907 and amendments
thereto, to the extent that those stat-
10 utes do not conflict with the provisions of
this act; or
11 (3) contracted for
correctional services described in K.S.A. 75-5291
12 and amendments thereto from any county or
group of cooperating coun-
13 ties, as provided in K.S.A. 75-52,107 and
amendments thereto, which are
14 receiving grants under this act.
15 (b) Before September 15,
1989, the administrative chief judge in
each
16 judicial district shall make a
recommendation to the board of county com-
17 missioners in each county in such judicial
district which has not estab-
18 lished a program to provide for the
correctional services described in
19 K.S.A. 75-5291 and amendments thereto, as
to which option provided in
20 subsection (a) each such county in such
judicial district should choose to
21 comply with the provisions of this act.
22 Sec. 71. K.S.A.
79-1494 is hereby amended to read as follows: 79-
23 1494. A binding arbitration process is
hereby established in Lyon, Ellis,
24 Saline and Shawnee counties. The director
of property valuation shall
25 develop a list of persons qualified by
virtue of experience and training in
26 the field of property appraisal and tax
administration to act as arbitrators
27 of property valuation disputes. The board
of county commissioners of
28 such counties shall, on or before August
25, 1992, and on or before August
29 25 of each ensuing year, by resolution fix
the salary to be paid each ar-
30 bitrator who shall serve in such county and
notify the director of property
31 valuation of the amount thereof. The state
shall assume a portion of the
32 cost of such arbitration process in
accordance with appropriation acts of
33 the legislature.
34 The county clerk shall
furnish an arbitration request form together with
35 a statement of explanation of the
consequences of a request for binding
36 arbitration to any property owner who
desires to submit the final deter-
37 mination of classification or appraised
valuation by the county appraiser
38 to binding arbitration. Such form and
statement shall be prescribed by
39 the director of property valuation. The
arbitration request form shall be
40 completed and filed with the county clerk
within 18 days of the date that
41 a final determination of classification or
appraised valuation was mailed
42 to the property owner as provided in K.S.A.
79-1448, and amendments
43 thereto. The property owner may rescind
such request by notifying the
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51
1 county clerk prior to the expiration
of such 18-day period provided that
2 no hearing has already been conducted
thereon, and in such case, the
3 date upon which such notice was
received by the county clerk shall be
4 deemed to be the date that an appeal
was made to a hearing officer or
5 panel pursuant to K.S.A. 79-1606, and
amendments thereto. A request
6 for binding arbitration shall be in
lieu of an appeal to the hearing officer
7 or panel as provided in K.S.A.
79-1606, and amendments thereto.
8 Every request for
binding arbitration shall be promptly set for hearing
9 by the county clerk. The property
owner and the board of county com-
10 missioners shall select an arbitrator to
conduct the hearing from the list
11 prepared by the director of property
valuation. In the absence of agree-
12 ment by the property owner and the board of
county commissioners, the
13 administrative
chief judge of the judicial district in which the property
is
14 located shall select the arbitrator from
the list. All such hearings shall be
15 completed on or before the last business
day in June. The county clerk
16 shall notify the property owner and the
county appraiser of the date for
17 hearing at least 10 days in advance of such
hearing. Every request for
18 arbitration shall be determined by order of
the arbitrator on or before
19 July 5, and the arbitrator shall have no
authority to be in session there-
20 after. Such order may affirm the final
determination of the county ap-
21 praiser, adopt the contentions of the
property owner or make any other
22 decision supported by the preponderance of
the evidence submitted.
23 Such recorded orders shall be open to
public inspection. Notice of the
24 decision of the arbitrator shall be mailed
by the county clerk to the prop-
25 erty owner and the county appraiser within
15 days of the hearing. The
26 decision of the arbitrator shall be final
and not subject to appeal, and the
27 property owner shall be precluded from
protesting the valuation of the
28 same property pursuant to K.S.A. 79-2005,
and amendments thereto.
29 The director of property
valuation shall prescribe guidelines governing
30 the duties of arbitrators under this
section.
31 The provisions of this
section shall apply to all taxable years commenc-
32 ing after December 31, 1992, through
December 31, 1995.
33 Sec. 72. K.S.A.
79-2804 is hereby amended to read as follows: 79-
34 2804. After the rendition of such judgment
there shall be issued by the
35 clerk of the district court to the sheriff
of the county an execution or
36 order of sale, which shall describe each
tract, lot or piece of real estate
37 mentioned and described in such judgment or
decree, on which the lien
38 has not been paid, with the amount of lien
charged to each tract, lot or
39 piece of real estate and the costs, charges
and expenses of the proceedings
40 and sale chargeable to each piece, lot or
tract, in such amount as the court
41 may order. If no order is made, then a sum
equal to 5% of the amount
42 set forth in the petition as the lien for
taxes, charges, interest and penalties
43 chargeable to each tract, lot or piece of
real estate, with the name of the
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52
1 ascertained owner thereof, as
disclosed by the judgment or decree, with
2 the command to advertise and sell the
real estate described therein. Such
3 order of sale shall be delivered to
the sheriff of the county, who shall
4 thereupon cause notice of sale to be
published once each week for three
5 consecutive weeks in some newspaper
of general circulation in the county,
6 in accordance with the provisions of
K.S.A. 64-101, and amendments
7 thereto. The notice shall describe
each tract, lot or piece of real estate to
8 be sold and the lien for which it is
to be sold, as determined by the
9 judgment of the court and fix the
date of sale, which shall not be less than
10 30 days from the date of the first
publication. The notice shall state that
11 the sale will be held at the front door of
the courthouse in the county or
12 shall identify some other location in the
county where the sale will be
13 held, as selected by the
administrative chief judge of the judicial
district
14 in which the county is located.
15 On the day fixed for the sale
by such notice, the sheriff shall offer each
16 such tract, lot or piece of real estate for
sale, separately, and the same
17 shall be sold at public auction for the
highest and best bid obtainable
18 therefor. The sheriff may employ an
auctioneer for such reasonable com-
19 pensation as may be determined by the
court, to be allowed as a part of
20 the costs and expenses of the proceedings
and sale. The sheriff or such
21 other person as may be authorized by the
board of county commissioners,
22 if directed by the county commissioners,
may bid at such sale in the name
23 of the county such amount as the county
commissioners authorize. No
24 bid in behalf of such county shall be
accepted in excess of the amount of
25 the judgment lien and interest thereon, as
provided by law, plus the costs,
26 charges and expenses of the proceedings and
sale as set forth in the ex-
27 ecution or order of sale. If the county is
the successful bidder the costs,
28 charges and expenses of the proceeding and
sale set forth in the execution
29 and order of sale shall be paid by the
county to the clerk of the district
30 court and charged to the county general
fund. If such sale, for want of
31 time, cannot be completed on the day fixed
by the notice, it may be
32 adjourned from day to day until
completed.
33 The sheriff shall make return
to the clerk and the same, as soon as
34 practicable, shall be examined by the
court, and if found by the court to
35 be regular, it shall be confirmed, and the
sheriff ordered to forthwith
36 execute to the purchasers at such sale a
good and sufficient deed therefor.
37 If one person or the county
purchases more than one tract, lot or piece
38 of real estate, the same may be included in
one deed. The deed shall be
39 executed by the sheriff and acknowledged
before the clerk of the district
40 court. No particular form of deed shall be
required. It shall be sufficient
41 if it shows the date of sale, a description
of the property conveyed, the
42 amount for which each tract, lot or piece
of real estate was sold, the name
43 of the purchaser, the date such sale was
confirmed by the court and the
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53
1 title of the suit in which the tax
lien was foreclosed. The deed shall be
2 filed for record, by the sheriff at
the time the deed is executed, in the
3 office of the register of deeds of
the county where such real estate is
4 situated. Any fee or charge for such
filing shall be collected from the
5 successful bidder at the time of sale
and deposited with the register of
6 deeds at the time of recording. When
the deed is filed it shall vest in the
7 purchaser or grantee therein named,
as against all persons, including, but
8 not limited to, corporations and
municipal corporations, parties to such
9 proceedings, a fee simple title
thereto, subject only to valid covenants
10 running with the land and valid easement of
record in use and subject to
11 taxes and interest which have become a lien
thereon, subsequent to the
12 date upon which such judgment was rendered.
Such deed shall be prima
13 facie evidence of the regularity of all
proceedings prior to the date of
14 filing the same for record.
15 After the sale and
confirmation thereof by the court, an execution shall
16 issue, upon praecipe of the county
attorney, county counselor or the pur-
17 chaser, requiring the officer to deliver
possession of the real estate, par-
18 ticularly describing it, to the parties
entitled thereto, including the county.
19 When the deed is executed to the county by
the sheriff, it shall be filed
20 for record forthwith in the office of the
register of deeds. Thereupon the
21 assessed valuation of such real estate
shall be eliminated from the assess-
22 ment and tax rolls until such time as such
real estate is sold as provided
23 by K.S.A. 79-2804f, and amendments
thereto.
24 Sec. 73. K.S.A.
19-204a, 19-15,123, 19-4705, 19-4737, 19-4809, 19-
25 4810, 19-4811, 20-158, 20-159, 20-163,
20-310a, 20-311d, 20-319, 20-329,
26 20-335, 20-343, 20-345, 20-347, 20-349,
20-350, 20-357, 20-365, 20-438,
27 20-3013, 22-2804, 22-2807, 22-3101,
22-3609, 22-3708, 22-4009, 23-494,
28 23-499, 23-4,118, 23-701, 38-555, 38-1812,
39-1702, 59-2402, 59-2402a,
29 59-2402b, 59-2402d, 59-2408, 60-465a,
60-2601a, 60-3502, 60-3503, 60-
30 3505, 61-1720, 61-1724, 61-2103, 61-2709,
65-205, 65-4901, 65-4902, 65-
31 4904, 74-2434, 75-3120g, 75-5297,
75-52,110, 79-1494 and 79-2804 and
32 K.S.A. 1997 Supp. 8-1008, 12-4509, 20-302b,
20-302c, 21-4502, 22-
33 3609a, 23-496, 23-497, 23-498, 38-1808,
44-555c and 72-8906 are hereby
34 repealed.
35 Sec. 74. This act
shall take effect and be in force from and after its
36 publication in the statute book.
37
38