[As Amended by House Committee of the
Whole]
As Amended by House Committee
As Amended by Senate Committee
Session of 1999
SENATE BILL No. 319
By Committee on Federal and State Affairs
2-15
12 AN ACT
concerning counties; relating to the enforcement of county res-
13 olutions; amending
K.S.A. 20-310a
and K.S.A.
1998 1999 Supp. 19-
14 101d
and,
19-4707 and 20-310a and repealing the existing
section
15
sections.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 Section
1. K.S.A. 1998 1999 Supp.
19-101d is hereby amended to
19 read as follows: 19-101d. (a) (1) The board
of county commissioners of
20 any county shall have the power to enforce
all resolutions passed pursuant
21 to county home rule powers, as designated
by K.S.A. 19-101c 19-101a,
22 and amendments thereto. Such resolutions
may be enforced by enjoining
23 violations thereof or by prescribing
penalties for violations of such reso-
24 lutions, either by fine, or by confinement
in the county jail, or by both
25 such fine and confinement. Unless otherwise
provided by the resolution
26 that defines and makes punishable the
violation of such resolution, the
27 penalty imposed shall be in accordance with
the penalties established by
28 law for conviction of a class C
misdemeanor. In no event shall the penalty
29 imposed for the violation of a resolution
exceed the penalties established
30 by law for conviction of a class B
misdemeanor.
31 (2) Prosecution
for any such violation shall be commenced in the
32 district court in the name of the county
and, except as provided in sub-
33 section (b), shall be conducted in the
manner provided by law for the
34 prosecution of misdemeanor violations of
state laws. Writs and process
35 necessary for the prosecution of such
violations shall be in the form pre-
36 scribed by the judge or judges of the
courts vested with jurisdiction of
37 such violations by this act, and shall be
substantially in the form of writs
38 and process issued for the prosecution of
misdemeanor violations of state
39 laws. Each county shall provide all
necessary supplies, forms and records
40 at its own expense.
41 (b) (1) In
addition to all other procedures authorized for the enforce-
2
1 ment of county codes and resolutions,
in any county with a population in
2 excess of 150,000,
the prosecution for violation of codes and resolutions
3 adopted by the board of county
commissioners may be commenced in
4 the district court in the name of the
county and may be conducted, except
5 as otherwise provided in this
section, in the manner provided for and in
6 accordance with the provisions of the
code for the enforcement of county
7 codes and resolutions.
8 (2) For the
purposes of aiding in the enforcement of county codes
9 and resolutions, the board of county
commissioners may employ or ap-
10 point code enforcement officers for the
county who shall have power to
11 sign, issue and execute notices to appear
and uniform citations or uniform
12 complaints and notices to appear, as
provided in the appendix of forms
13 of the code contained in this act to
enforce violations of county codes and
14 resolutions, but shall have no power to
issue warrants or make arrests.
15 All warrants shall be issued and arrests
made by law enforcement officers
16 pursuant to and in the manner provided in
chapter 21 of the Kansas
17 Statutes Annotated.
18 (3) The board of
county commissioners may employ or appoint at-
19 torneys for the purpose of prosecuting
actions for the enforcement of
20 county codes and resolutions, and such
attorneys shall have the duties,
21 powers and authorities provided by the
board as necessary to prosecute
22 actions under the code.
23 (4) All costs for
the enforcement and prosecution of violations of
24 county codes and resolutions, except for
compensation and expenses of
25 the district court judge, shall be paid
from the revenues of the county
26 and, the board of county commissioners may
establish a special law en-
27 forcement fund for the purpose of paying
for the costs of code enforce-
28 ment within the county. In addition, the
board of county commissioners
29 is hereby authorized to levy a tax of not
to exceed 1/2 mill upon all taxable
30 tangible property within such county to pay
the costs of code
31 enforcement.
32
(c) Notwithstanding the provisions of subsection (b), any
action com-
33 menced in the district court for the
enforcement of county codes and
34 resolutions, wherein a person may be
subject to detention or arrest or
35 wherein an accused person, if found guilty,
would or might be deprived
36 of such person's liberty, shall be
conducted in the manner provided by
37 law for the prosecution of misdemeanor
violations of state laws under the
38 Kansas code of criminal procedure and not
under the code for the en-
39 forcement of county codes and
resolutions.
40 Sec.
2. K.S.A. 1998
1999 Supp. 19-4707 is hereby amended
41 to read as follows: 19-4707. (a)
Except as provided in subsection
42 (b), no person shall be assessed
costs for enforcement and prose-
43 cution of violations of county codes
and resolutions pursuant to this
3
1 code, except for witness fees
and mileage as set forth in K.S.A. 19-
2 4726 and amendments
thereto.
3
(b) The court shall assess as a cost in each case filed for
viola-
4 tions of county codes and
resolutions, a $1 assessment an amount
as
5 determined by the board of county
commissioners[, but such amount
6 shall not exceed $60].
The judge or clerk of the court shall remit at
7 least monthly to the state
treasurer all $1
from 25% of each such
8 assessments
assessment received. The balance of each
assessment shall
9 be deposited in the county general
fund. The state treasurer shall de-
10 posit the entire amount of the
remittance in the state treasury and
11 credit
50% $.50 of each
individual court cost to the protection from
12 abuse fund established pursuant to
K.S.A. 74-7325 and amendments
13 thereto and
50% $.50 of each
individual court cost to the crime
14 victims assistance fund established
pursuant to K.S.A. 74-7334 and
15 amendments thereto. The
balance of the state treasury deposit shall
16 be credited to the judiciary operations
account of the state general
17 fund. Moneys placed in the judiciary
operations account of the
18 state general fund pursuant to this
subsection shall be in addition
19 to any state general fund money and
shall not be used to offset any
20 state general fund money.
21 Sec.
3. K.S.A. 20-310a is hereby amended
to read as follows:
22 20-310a. (a) Upon the
application of the administrative judge of
a
23 judicial district to the
departmental justice of that district, for
good
24 cause shown, or in the
absence, sickness or disability of a
district
25 judge or district
magistrate judge in any judicial district, a
judge
26 pro tem may be appointed
whenever the departmental justice for
27 such judicial district has
not assigned a district judge from another
28 judicial district, as
provided in K.S.A. 20-319, and amendments
29
thereto.
30
(b) Any judge pro tem appointed pursuant to this section
shall
31 be a regularly admitted
member of the bar of this state. The ap-
32 pointment of any such
judge pro tem shall be made by the admin-
33 istrative judge or, in the
absence of the administrative judge, by
the
34 departmental justice for
the judicial district.
35
(c) Any judge pro tem appointed pursuant to this section
shall
36 have the full power and
authority of a district judge with respect
37 to any actions or
proceedings before such judge pro tem, except
that
38 any judge pro tem
appointed pursuant to subsection (d) or (e)
shall
39 have only such power and
authority as provided therein. A judge
40 pro tem shall receive such
compensation as is prescribed by the
41 district court, subject to
the budget limitations of such district
42
court.
43
(d) Subject to the budget limitations of the district court,
the
4
1 administrative judge
of any judicial district may appoint one
or
2 more judges pro tem
for the limited purpose of hearing the
original
3 trials of actions
filed pursuant to the small claims procedures
act
4 or other action
within the jurisdiction of a district magistrate
judge
5 as provided in
K.S.A. 20-302b, and amendments thereto. Any
such
6 judge pro tem shall
have only such judicial power and authority
as
7 is necessary to hear
such actions. Any party aggrieved by any
order
8 of a judge pro tem
under this subsection may appeal such order
and
9 such appeal shall be
heard by a district judge de novo. If the
appeal
10 is a small claims action,
the appeal shall be under K.S.A. 61-2709,
11 and amendments thereto. If
the appeal is an action within the ju-
12 risdiction of a district
magistrate judge, the appeal shall be
under
13 K.S.A. 20-302b, and
amendments thereto.
14
(e) Subject to the budget limitations of the district court,
the
15 administrative judge of
any judicial district in which the board
of
16 county commissioners is
authorized to use the code for the
enforce-
17 ment of county codes and
resolutions as provided in subsection (b)
18 of K.S.A. 19-101d, and
amendments thereto, may appoint one or
19 more judges pro tem for
the limited purpose of hearing such cases.
20 Any such judge pro tem
shall have only such power and authority
21 as is necessary to hear
such actions, and shall have the power to
22 compel appearances before
the court, to hold persons in contempt
23 for failure to
appear, to order abatements of
nuisances resulting from a
24 person's failure to comply
with county codes or resolutions and to order
25 such costs of abatement to be
assessed against the parcel of property on
26 which the nuisance was
located, and to issue bench
warrants for ap-
27 pearances. Such judge pro
tem shall receive the salary and other
28 compensation set by
resolution of the board of county
commission-
29 ers which shall be paid
from the revenues of the county general
fund
30 or other fund established
for the purpose of financing code
31
enforcement.
32
(f) The administrative judge of each judicial district shall
report
33 to the judicial
administrator of the courts: (1) The dates on
which
34 any judge pro tem served
in such district, (2) the compensation
paid
35 to any judge pro tem, and
(3) such other information as the judicial
36 administrator may request
with regard to the appointment of judges
37 pro tem. The reports shall
be submitted annually on or before Jan-
38 uary 15 on forms provided
by the judicial administrator.
39 K.S.A. 1999 Supp. 20-310a is
hereby amended to read as follows:
40 20-310a. (a) Upon the application of the
chief judge of a judicial
41 district to the departmental justice of
that district, for good cause
42 shown, or in the absence, sickness or
disability of a district judge
43 or district magistrate judge in any
judicial district, a judge pro tem
5
1 may be appointed whenever the
departmental justice for such ju-
2 dicial district has not assigned a
district judge from another judicial
3 district, as provided in K.S.A.
20-319, and amendments thereto.
4 (b) Any
judge pro tem appointed pursuant to this section shall
5 be a regularly admitted member of
the bar of this state. The ap-
6 pointment of any such judge pro
tem shall be made by the chief
7 judge or, in the absence of the
chief judge, by the departmental
8 justice for the judicial
district.
9 (c) Any
judge pro tem appointed pursuant to this section shall
10 have the full power and authority of a
district judge with respect
11 to any actions or proceedings before
such judge pro tem, except
12 that any judge pro tem appointed
pursuant to subsection (d) or (e)
13 shall have only such power and authority
as provided therein. A
14 judge pro tem shall receive such
compensation as is prescribed by
15 the district court, subject to the
budget limitations of such district
16 court.
17 (d) Subject to
the budget limitations of the district court, the
18 chief judge of any judicial district may
appoint one or more judges
19 pro tem for the limited purpose of
hearing the original trials of
20 actions filed pursuant to the small
claims procedures act or other
21 action within the jurisdiction of a
district magistrate judge as pro-
22 vided in K.S.A. 20-302b, and amendments
thereto. Any such judge
23 pro tem shall have only such judicial
power and authority as is
24 necessary to hear such actions. Any
party aggrieved by any order
25 of a judge pro tem under this subsection
may appeal such order
26 and such appeal shall be heard by a
district judge de novo. If the
27 appeal is a small claims action, the
appeal shall be under K.S.A.
28 61-2709, and amendments thereto. If the
appeal is an action within
29 the jurisdiction of a district
magistrate judge, the appeal shall be
30 under K.S.A. 20-302b, and amendments
thereto.
31 (e) Subject to
the budget limitations of the district court, the
32 chief judge of any judicial district in
which the board of county
33 commissioners is authorized to use the
code for the enforcement
34 of county codes and resolutions as
provided in subsection (b) of
35 K.S.A. 19-101d, and amendments thereto,
may appoint one or
36 more judges pro tem for the limited
purpose of hearing such cases.
37 Any such judge pro tem shall have only
such power and authority
38 as is necessary to hear such actions,
and shall have the power to
39 compel appearances before the court, to
hold persons in contempt
40 for failure to appear, to order
abatements of nuisances resulting from
41 a person's failure to comply with county
codes or resolutions and to order
42 such costs of abatement to be assessed
against the parcel of property on
43 which the nuisance was located,
and to issue bench warrants for ap-
6
1 pearances. Such judge pro tem
shall receive the salary and other
2 compensation set by resolution of
the board of county commis-
3 sioners which shall be paid from
the revenues of the county gen-
4 eral fund or other fund
established for the purpose of financing
5 code enforcement.
6 (f) The
chief judge of each judicial district shall report to the
7 judicial administrator of the
courts: (1) The dates on which any
8 judge pro tem served in such
district, (2) the compensation paid
9 to any judge pro tem, and (3) such
other information as the judicial
10 administrator may request with regard to
the appointment of
11 judges pro tem. The reports shall be
submitted annually on or
12 before January 15 on forms provided by
the judicial administrator.
13 Sec. 2.
4. K.S.A.
20-310a and
K.S.A. 1998 1999 Supp.
19-101d is
14
and,
19-4707 and 20-310a are hereby
repealed.
15 Sec. 3.
5. This act shall take effect and be in force
from and after its
16 publication in the statute book.