An Act concerning cigarettes and tobacco products; relating to regulation and taxation thereof; prohibiting certain acts and providing penalties for violations; amending K.S.A. 12-4113, 12-4209, 12-4212, 12-4214, 20-302b, 21-3105, 21-3204, 21-4503a, 21-4619, 22-2303, 22-2401, 22-2403, 22-3210, 22-3404, 22-3405, 22-3409, 22-3412, 22-3609a, 79- 3301, 79-3302, 79-3303, 79-3304, 79-3309, 79-3316, 79-3321, 79-3322, 79-3323, 79- 3326, 79-3373, 79-3377 and 79-3387 and K.S.A. 1995 Supp. 12-4305, 28-172a, 38-1502 and 75-6202 and repealing the existing sections; also repealing K.S.A. 79-3305, 79-3310b, 79-3318, 79-3370, 79-3372, 79-3376, 79-3380 through 79-3386 and 79-3390.

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

Section 1. K.S.A. 79-3301 is hereby amended to read as follows: 79- 3301. The following words, terms and phrases As used in this act, are hereby defined as follows:

(a) ``Carrier'' means one who transports cigarettes from a manufac- turer to a wholesale dealer or from one wholesale dealer to another.

(b) ``Carton'' means the container used by the manufacturer of ciga- rettes in which no more than 10 packages of cigarettes are placed prior to shipment from such manufacturer.

(a) (c) ``Cigarettes,'' ``Cigarette'' means any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of tobacco being flavored, adulterated or mixed with any other ingredient if the wrapper is in greater part made of any material except tobacco;.

(b) ``Person'' means any individual, partnership, society, association, joint-stock company, corporation, estate, receiver, trustee, assignee, ref- eree or any other person acting in a fiduciary or representative capacity whether appointed by a court or otherwise and any combination of in- dividuals;

(c) (d) ``Consumer'' means that the person purchasing or receiving cigarettes or tobacco products for final use;.

(d) (e) ``Dealer'' means every person, firm, corporation, or association of persons who shall sell any person who engages in the sale or manufac- ture of cigarettes in the state of Kansas, and who is required to be licensed under the provisions of this act;.

(e) ``Wholesale dealer'' means those persons who sell cigarettes to other wholesale dealers, retail dealers, vending machine operators and manufacturers' salesmen for the purpose of resale in the state of Kansas;

(f) ``Retail dealer'' means a person other than a vending machine op- erator in possession of cigarettes for the purpose of sale to a consumer;

(g) ``Sale'' means any transfer of title or possession or both, exchange, barter, distribution or gift of cigarettes, with or without consideration;

(h) (f) ``Dealer establishment'' means any location or premise, other than vending machine locations, premises, other than vending machine locations, at or from which cigarettes are sold, and where records are kept;.

(i) ``Tax indicia'' means visible evidence of tax payment in the form of stamps or meter imprints;

(j) ``Stamps'' means tax indicia applied either by means of water ap- plied gummed paper or heat process;

(k) ``Meter imprints'' means tax indicia applied by means of ink print- ing machines;

(l) (g) ``Director'' means the director of taxation;.

(h) ``Distributor'' means: (1) Any person engaged in the business of selling tobacco products in this state who brings, or causes to be brought, into this state from without the state any tobacco products for sale; (2) any person who makes, manufactures, fabricates or stores tobacco prod- ucts in this state for sale in this state; or (3) any person engaged in the business of selling tobacco products without this state who ships or trans- ports tobacco products to any person in the business of selling tobacco products in this state.

(m) (i) ``Division'' means the division of taxation;.

(n) ``Manufacturer's salesman'' means a person employed by a ciga- rette manufacturer who sells cigarettes, manufactured by such employer and procured from wholesale dealers;

(o) ``Carton'' means the container used by the manufacturer of cig- arettes in which no more than 10 packages of cigarettes are placed prior to shipment from such manufacturer;

(p) ``Package'' means a container in which no more than 25 individual cigarettes are wrapped and sealed by the manufacturer of cigarettes prior to shipment to a wholesale dealer;

(q) ``Received'' means the coming to rest of cigarettes for sale by any dealer in the state of Kansas;

(r) ``Vending machine'' means any coin operated machine, contri- vance or device, by means of which cigarettes are sold in their original package;

(s) ``Vending machine operator'' means any person who places a vending machine, owned, leased or operated by such person, at locations where cigarettes are sold therefrom; and the owner or lessee of the prem- ises upon which a vending machine is placed, shall not be considered the operator of the machine, if such person does not own or lease the machine and if such person's sole remuneration therefrom is a flat rental fee or a commission, based upon the number or value of cigarettes sold from the machine, or a combination of both nor may such owner or lessee or such owner or lessee's agents or employees be an authorized agent of a vending machine operator;

(t) (j) ``License'' means, in addition to the privilege of a licensee to sell cigarettes or tobacco products in the state of Kansas, the written evidence of such authority or privilege to so operate as evidenced by any license or permit issued by the director of taxation;.

(u) (k) ``Licensee'' means any person holding a current license or permit issued under the provisions of the cigarette tax laws of the state of Kansas; issued pursuant to this act.

(v) ``Distributor or dealer of cigarette vending machines'' means any person who sells cigarette vending machines to a vending machine op- erator, operating vending machines in the state of Kansas;

(w) ``Carrier'' means one who transports cigarettes from a manufac- turer to a wholesale dealer or from one wholesale dealer to another.

(l) ``Manufacturer's salesperson'' means a person employed by a cig- arette manufacturer who sells cigarettes, manufactured by such employer and procured from wholesale dealers.

(m) ``Meter imprints'' means tax indicia applied by means of ink print- ing machines.

(n) ``Package'' means a container in which no more than 25 individual cigarettes are wrapped and sealed by the manufacturer of cigarettes prior to shipment to a wholesale dealer.

(o) ``Person'' means any individual, partnership, society, association, joint-stock company, corporation, estate, receiver, trustee, assignee, ref- eree or any other person acting in a fiduciary or representative capacity whether appointed by a court or otherwise and any combination of in- dividuals.

(p) ``Received'' means the coming to rest of cigarettes for sale by any dealer in the state of Kansas.

(q) ``Retail dealer'' means a person, other than a vending machine operator, in possession of cigarettes for the purpose of sale to a consumer.

(r) ``Sale'' means any transfer of title or possession or both, exchange, barter, distribution or gift of cigarettes or tobacco products, with or with- out consideration.

(s) ``Sample'' means cigarettes or tobacco products distributed to members of the general public at no cost for purposes of promoting the product.

(t) ``Stamps'' means tax indicia applied either by means of water ap- plied gummed paper or heat process.

(u) ``Tax indicia'' means visible evidence of tax payment in the form of stamps or meter imprints.

(v) ``Tobacco products'' means cigars, cheroots, stogies, periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such man- ner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco products does not include ciga- rettes.

(w) ``Vending machine'' means any coin operated machine, contri- vance or device, by means of which merchandise may be sold.

(x) ``Vending machine distributor'' means any person who sells ciga- rette vending machines to a vending machine operator operating vending machines in the state of Kansas.

(y) ``Vending machine operator'' means any person who places a vending machine, owned, leased or operated by such person, at locations where cigarettes are sold from the machine. The owner or lessee of the premises upon which a vending machine is placed shall not be considered the operator of the machine, nor shall the owner or lessee, or any employee or agent of the owner or lessee be considered an authorized agent of the vending machine operator, if the owner or lessee does not own or lease the machine and the owner's or lessee's sole remuneration from the ma- chine is a flat rental fee or commission based upon the number or value of cigarettes sold from the machine, or a combination of both.

(z) ``Wholesale dealer'' means any person who sells cigarettes to other wholesale dealers, retail dealers, vending machine operators and manu- facturer's salespersons for the purpose of resale in the state of Kansas.

(aa) ``Wholesale sales price'' means the original net invoice price for which manufacturer sells a tobacco product to a distributor, as shown by the manufacturer's original invoice.

Sec. 2. K.S.A. 79-3302 is hereby amended to read as follows: 79- 3302. (a) K.S.A. 79-3301 through 79-3304, 79-3306, 79-3309, 79-3310, 79-3311, 79-3312, 79-3312a, 79-3313, 79-3316, 79-3321, 79-3322, 79- 3323, 79-3324a, 79-3326, 79-3328, 79-3329, 79-3371, 79-3373, 79-3374, 79-3375, 79-3377, 79-3378, 79-3379, 79-3387, 79-3388 and sections 9, 15, 16 and 17, and amendments thereto, shall be known and may be cited as the Kansas cigarette and tobacco products act.

(b) It is the purpose and intent of this act to levy a tax on cigarettes sold, distributed, conveyed or given away in this state, and to collect such tax from the wholesale or retail cigarette dealer, who first sells, distributes or conveys the cigarettes in the state of Kansas. It is further the intent and purpose of this act that where a wholesale dealer or manufacturer's authorized representative gives away cigarettes for advertising or for any other purpose whatever, the cigarettes shall be taxed in the same manner as if they were sold in this state, and that such tax shall be paid in the manner prescribed by rules and regulations of the secretary of revenue regulate the sale of cigarettes and tobacco products in this state and to impose a tax thereon.

Sec. 3. K.S.A. 79-3303 is hereby amended to read as follows: 79- 3303. (a) Each person engaged in the business of selling cigarettes in the state of Kansas and each vending machine distributor shall secure obtain a license as hereinafter set out provided by this act. A separate applica- tion, license, and fee is required for each dealer establishment owned or operated by said a dealer: Provided, That a vending machine operator may submit one application for a vending machine operator's master li- cense and for permits for all vending machines operated by him or her. A vending machine operator is required to obtain a vending machine operator's master license and, in addition, a separate permit for each vending machine operated by the operator. A vending machine operator may submit one application for the vending machine operator's master license and all permits for vending machines operated by the operator. The license shall be displayed in the dealer establishment and the vending machine permit shall remain securely and visibly attached to the vending machine and contain such information as the director may require. Any vending machine found without such permit attached thereto shall be sealed by an agent of the director and said seal shall be removed only by an agent of the director after payment of the permit fee and penalties hereinafter provided. The application for a vending machine operator's master license and vending machine permits shall list the brand name and serial number of each machine, and such other information as re- quired by the director. Except in accordance with proper judicial order or as otherwise provided by law it shall be unlawful for any officer or employee of the department of taxation to divulge or make known in any way, the location of any cigarette machine to any person not an officer or employee of such division: Provided, That such information may be di- vulged to any law enforcement officer for use by such officer in his or her official duties and in such capacity. Any officer or employee revealing any such location in violation of this provision, shall in addition to the penalties otherwise provided in this act be dismissed from office.

A vending machine operator, in the course of his business as a vending machine operator, may dispose of or sell vending machines without se- curing a license to sell vending machines. The vending machine operator may move vending machines from one location to another and should a vending machine become inoperative or be disposed of, the permit per- taining thereto may be transferred to another machine. A vending ma- chine operator shall within ten (10) days notify the director of the brand name, and serial number of vending machines that become inoperative, that are disposed of by him or her, sold by him or her, acquired by him or her or brought into service in this state as additional machines. The key to the lower or storage compartment of a vending machine shall remain only in the possession of the vending machine operator or his or her authorized agent. All services connected with the operation of a vend- ing machine shall be performed by the vending machine operator thereof or his or her authorized agent. All vending machines shall be subject to inspection by the director or his or her authorized agents. No vending machine shall be licensed unless it is so constructed that at least one package of each vertical column of cigarettes located therein is visible showing tax indicia.

All vending machines operated on military installations shall have a permit affixed thereto and the cigarettes shall show tax indicia of the Kansas tax. Any vending machine found without such permit attached to the machine shall be sealed by an agent of the director and such seal shall be removed only by an agent of the director after payment of the permit fee and the penalties provided by this act.

(b) The application for a vending machine operator's master license and vending machine permits shall list the brand name and serial number of each machine and such other information as required by the director. Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any officer or employee of the division to divulge or make known in any way the location of any vending machine to any person not an officer or employee of the division, except that such information may be divulged to any law enforcement officer for use in the officer's official duties. Any officer or employee revealing any such loca- tion in violation of this provision, in addition to the penalties otherwise provided in this act, shall be dismissed from office.

(c) A vending machine operator, in the course of business as a vending machine operator, may dispose of or sell vending machines without se- curing a license to sell vending machines. The vending machine operator may move vending machines from one location to another and, if a vend- ing machine becomes inoperative or is disposed of, the permit for such machine may be transferred to another machine. A vending machine op- erator, within 10 days, shall notify the director of the brand name and serial number of vending machines that become inoperative or that the operator disposes of, sells, acquires or brings into service in this state as additional machines.

(d) The key to the lower or storage compartment of a vending machine shall remain only in the possession of the vending machine operator or the operator's authorized agent. All services connected with the operation of a vending machine shall be performed by the vending machine operator or the operator's authorized agent. All vending machines shall be subject to inspection by the director or the director's authorized agents. No permit shall be issued for a vending machine unless it is constructed so that at least one package of each vertical column of cigarettes located therein is visible showing tax indicia.

(e) All vending machines operated on military installations shall have a permit affixed to the machines and the cigarettes shall show tax indicia of the Kansas tax.

(f) On or before the 10th day of each month, each vending machine distributor shall report to the director, on forms provided by the director, all sales of cigarette vending machines by the distributor to persons in the state of Kansas during the preceding month; the name and address of the purchaser; and the brand name, serial number and sale price of the ma- chines.

(g) Concurrently with a change in ownership of a dealer establish- ment the license applicable thereto to the establishment is void and shall be surrendered to the director and shall not be transferred. On removal of a dealer establishment from one location to another, the owner thereof of the establishment shall notify the director and surrender his or her the owner's license. The director shall issue a new license for the unexpired term of the surrendered license on payment of a fee of two dollars ($2) $2, to be deposited in the general revenue state treasury and credited to the state general fund. Should a dealer's license become If a dealer's license is lost, stolen, or destroyed, the director may issue a new license on proof of loss, theft, or destruction, at a cost of two dollars ($2) $2, to be deposited in the general revenue state treasury and credited to the state general fund.

Sec. 4. K.S.A. 79-3304 is hereby amended to read as follows: 79- 3304. (a) Commencing with the biennium beginning January 1, 1986, The license or permit fee for each biennium or portion thereof shall be as follows: (a) Retail dealer's license.

(1) For retail dealer's license, $12 $25 for each dealer establishment.

(b) Retail dealer on railroad. (2) For retailer's license on railroad or sleeping cars, $50. Only one retail license need be obtained by each rail- road or sleeping car company to permit it to sell the sale of cigarettes on any or all of its cars within the state.

(c) Show, carnival and catering license. (3) For show, carnival or catering license, $50 for each concession.

(d) Temporary retail license. (4) For resident retail dealer's tem- porary license for a place of business of a temporary nature, $2 for each seven days or portion thereof.

(e) Wholesale dealer's license. (5) For wholesale dealer's license, $50, for each dealer establishment. No wholesale dealer's license shall be issued until the person applying therefor has filed with the director a bond payable to the state of Kansas in such an amount as shall be fixed by the director, but in no event less than $1,000, with a corporate surety authorized to do business in the state of Kansas, and approved by the director. Should a wholesale dealer be If a wholesale dealer is unable to secure a corporate surety bond, the director may issue a license to such wholesale dealer, upon the wholesale dealer furnishing a personal bond meeting the approval of the director. Such bond shall be conditioned that the wholesale dealer therein named will faithfully comply on the wholesale dealer's compliance with all the provisions of this act during the license period. Wholesale dealers shall submit to the director upon request such records of sale or distribution of cigarettes made in the state of Kansas, as may be required by the director. All records pertaining to sale of cig- arettes in the state of Kansas shall be preserved for a period of two years. Failure to furnish the director with such information as may be required shall be cause for suspension or revocation of any license issued here- under.

A wholesale dealer selling cigarettes to a manufacturer's salesman shall at the time of delivery of same make a true duplicate invoice inserting therein the name of the salesman together with the name of such sales- man's employer.

(f) Distributor or dealer of vending machines license. A distributor or dealer who sells cigarette vending machines into the state of Kansas must secure a license at a fee of $50, and report on or before the tenth day of each month all such sales made during the preceding month in Kansas to the director on forms furnished by the director, showing the name and address of the purchaser; brand name of the machine; serial number of the machine and the sale price.

(g) Manufacturer's salesman license. Manufacturer's salesman li- censes (6) For vending machine distributor's license, $50.

(7) For manufacturer's salesperson license, $20 for each salesman sa- lesperson. The manufacturer's salesman salesperson shall, with respect to each sale made to a retail dealer, make and deliver to the retail dealer a true invoice wherein such salesman salesperson shall insert the name of the wholesale dealer from whom such salesman salesperson secured such cigarettes, together with such salesman's salesperson's own name and the name of the retail dealer purchasing the cigarettes.

(h) Vending machine operator's master license. No vending machine operator shall place any vending machine owned, leased or operated by such operator at any location for the purpose of selling cigarettes there- from without first having made application to and having received from the director, a vending machine operator's master license. No fee shall be charged for such license.

(i) Vending machine permit. In addition to the vending machine op- erator's master license, the operator of each cigarette vending machine shall obtain a permit for each vending machine operated by such operator for a fee of $12 for each permit.

(8) For vending machine operator's license, no fee.

(9) For vending machine permit, $25 for each permit.

(b) An application for a retail dealer's, wholesale dealer's or vending machine operator's master any license required under the provisions of this act may be refused to: (a) (1) A person who is not of good character and reputation in the community in which such person resides; (b) or (2) a person who has been convicted of a felony or of any crime involving moral turpitude or of the violation of any law of any state or the United States pertaining to cigarettes or tobacco products and who has not com- pleted the sentence, parole, probation or assignment to a community correctional services program imposed for any such conviction within two years immediately preceding the date of making application for any of such licenses.

Sec. 5. K.S.A. 79-3309 is hereby amended to read as follows: 79- 3309. (a) Whenever the director shall have has reason to believe that any dealer in cigarettes person licensed under this act has violated any of the provisions of the cigarette tax law this act, the director shall notify such dealer by registered or the person by certified mail of the director's in- tention to suspend or revoke the person's license or licenses of such dealer. Within 10 days after mailing such notice, such dealer within 10 days after the mailing of the notice, the person may request a hearing in writing before the director. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If, after such hearing, it appears to the satisfaction of the director that such dealer the person has violated any of the provisions of the cigarette tax law this act, the director is hereby authorized and empowered to suspend or re- voke the person's license or licenses of any such dealer and may in ad- dition deny the application of any such dealer the person for a license or licenses for a portion of the succeeding calendar year for such period as the director determines is necessary but in no case for a period ending more than one year following the date upon which such the license or licenses were suspended or revoked. The suspension or revocation of the vending machine operator's master license shall suspend or revoke all vending machine permits issued to such vending machine operator for the term of such suspension or revocation of such license. The suspension or revocation of a vending machine operator's master license shall suspend or revoke all vending machine permits issued to the vending machine operator for the term of the license suspension or revocation.

(b) If any dealer shall continue to sell cigarettes at any dealer estab- lishment or from a vending machine, a person continues to engage in activities requiring a license under this act after having notice or knowl- edge of the suspension or revocation of a license or permit issued to such dealer for such establishment or vending machine, or shall continue for the person's license or licenses or after becoming more than 10 days after becoming delinquent in the payment of any tax, penalty or interest, to sell cigarettes imposed pursuant to this act, the state shall be entitled, in any proceedings brought for such purposes, to have an order and judg- ment restraining and enjoining such unlawful sale and no bond shall be required for the issuance of any such restraining order or injunction.

Sec. 6. K.S.A. 79-3316 is hereby amended to read as follows: 79- 3316. (a) All purchases of cigarettes by any dealer shall be evidenced by an invoice, a duplicate of which shall be furnished the party receiving said the cigarettes from any dealer and shall be preserved for a period of two (2) years which duplicates shall be retained at the place of sale.

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

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

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

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

(f) Exemption from payment of cigarette tax on sale of cigarettes made outside the state by any wholesale dealer shall be filed on forms provided by the director. Purchase of cigarettes by retail dealers or vend- ing machine operators shall be from wholesale dealers.

Sec. 7. K.S.A. 79-3321 is hereby amended to read as follows: 79- 3321. It shall be unlawful for any person:

(a) To possess, except as otherwise specifically provided by this act, more than 200 cigarettes without the required tax indicia being affixed as herein provided.

(b) To mutilate or attach to any individual package of cigarettes any stamp that has in any manner been mutilated or that has been heretofore attached to a different individual package of cigarettes or to have in pos- session any stamps so mutilated.

(c) To prevent the director or any officer or agent authorized by law, to make a full inspection for the purpose of this act, of any place of business and all premises connected thereto where cigarettes are or may be manufactured, sold, distributed, or given away.

(d) To use any artful device or deceptive practice to conceal any vi- olation of this act or to mislead the director or officer or agent authorized by law in the enforcement of this act.

(e) Who is a dealer to fail to produce on demand of the director or any officer or agent authorized by law any records or invoices required to be kept by such person.

(f) Knowingly to make, use, or present to the director or agent thereof any falsified invoice or falsely state the nature or quantity of the goods therein invoiced.

(g) Who is a dealer to fail or refuse to keep and preserve for the time and in the manner required herein all the records required by this act to be kept and preserved.

(h) To wholesale cigarettes to any person, other than a manufacturer's salesman salesperson, retail dealer or wholesaler who is:

(1) Duly licensed by the state where such manufacturer's salesperson, retail dealer or wholesaler is located, or

(2) exempt from state licensing under applicable state or federal laws or court decisions including any such person operating as a retail dealer upon land allotted to or held in trust for an Indian tribe recognized by the United States bureau of Indian affairs.

(i) To have in possession any evidence of tax indicia provided for herein not purchased from the director.

(j) To fail or refuse to permit the director or any officer or agent authorized by law to inspect a carrier transporting cigarettes.

(k) To vend small cigars, or any products so wrapped as to be con- fused with cigarettes, from a machine vending cigarettes, nor shall a vend- ing machine be so built to vend cigars or products that may be confused with cigarettes, be attached to a cigarette vending machine.

(l) To sell, furnish or distribute cigarettes or tobacco products to any person under 18 years of age.

(m) For any person Who is under 18 years of age to purchase or attempt to purchase cigarettes or tobacco products.

(n) Who is under 18 years of age to possess or attempt to possess cigarettes or tobacco products.

(n) (o) To sell cigarettes to a retailer or at retail that do not bear Kansas tax indicia or upon which the Kansas cigarette tax has not been paid.

(o) (p) To sell cigarettes without having a license for such sale as provided herein.

(p) (q) To sell cigarette vending machines without having a license as provided herein for sale of vending machines a vending machine without having a vending machine distributor's license.

(r) Who is a retail dealer to fail to post and maintain in a conspicuous place in the dealer's establishment the following notice: ``By law, cigarettes and tobacco products may be sold only to persons 18 years of age and older.''

(s) To distribute samples within 500 feet of any school when such facility is being used primarily by persons under 18 years of age unless the sampling is: (1) In an area to which persons under 18 years of age are denied access; (2) in or at a retail location where cigarettes and to- bacco products are the primary commodity offered for sale at retail; or (3) at or adjacent to an outdoor production, repair or construction site or facility.

(t) To sell cigarettes or tobacco products by means of a vending ma- chine in any establishment, or portion of an establishment, which is open to minors, except that this subsection shall not apply to:

(1) The installation and use by the proprietor of the establishment, or by the proprietor's agents or employees, of vending machines behind a counter, or in some place in such establishment, or portion thereof, to which minors are prohibited by law from having access;

(2) the installation and use of a vending machine in a commercial building or industrial plant, or portions thereof, where the public is not customarily admitted and where machines are intended for the sole use of adult employees employed in the building or plant; or

(3) a vending machine which has a lock-out device which is inoper- able in the continuous standby mode and which requires manual activa- tion by the person supervising the operation of the machine each time cigarettes or tobacco products are purchased from the machine.

Sec. 8. K.S.A. 79-3322 is hereby amended to read as follows: 79- 3322. (a) Any person who violates any of the provisions of this act, except as otherwise provided in this act, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or by both. In addition thereto any person found liable for any license or permit fee or tax imposed under the provisions of this act shall be personally liable for such license or permit fee or tax plus a penalty in an amount equal to 100% thereof.

(b) Any person who violates this act by distributing sample cigarettes or sample smokeless tobacco to any person under 18 years of age shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $500 nor more than $2,500 or imprisonment for not more than one year, or by both.

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

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

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

(c) Violation of subsection (m) or (n) of K.S.A. 79-3321 and amend- ments thereto is a cigarette or tobacco infraction for which the fine is $25.

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

New Sec. 9. (a) When a person is stopped by a law enforcement officer for a cigarette or tobacco infraction, the person shall not be taken before a judge of the district court unless the person demands an im- mediate appearance before a judge.

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

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

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

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

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

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

Sec. 10. K.S.A. 79-3323 is hereby amended to read as follows: 79- 3323. (a) The following are declared to be common nuisances and con- traband:

(1) All packages of cigarettes, in quantities of twenty (20) 20 packages or more, not bearing indicia of tax payment as required in this act and all devices for vending cigarettes in which unstamped packages are found, and and all devices for vending cigarettes in which unstamped packages are found;

(2) all cigarettes or tobacco products in the possession of a minor; and

(3) all property and paraphernalia, other than vehicles, used in the retail sale of such unstamped packages, other than vehicles, are hereby declared to be common nuisances and contraband unstamped packages of cigarettes.

Cigarettes in vending machines and exposed to view not showing in- dicia of tax payment required by this act to be visible from the outside of the vending machine shall be presumed to be unstamped.

(b) Any cigarettes or property constituting a common nuisance and contraband as herein provided by this section may be seized by the di- rector or his or her the director's authorized agent or any duly constituted peace officer with or without process or warrant and shall be subject to forfeiture as provided in this act. The party making the seizure shall de- liver to the vending machine operator owner of the property and to the person or persons found in possession of the same property a receipt stating from whom the property was seized, the place of seizure, and a description and the brand of the goods or the property seized. A duplicate of said the receipt shall be filed in the office of the director and shall be open for public inspection.

Sec. 11. K.S.A. 79-3326 is hereby amended to read as follows: 79- 3326. The director of taxation shall administer and enforce the provisions of this act. The secretary of revenue shall adopt rules and regulations for the administration of this act. For the purpose of enforcing this act the director may call to his or her the director's aid any law enforcement officer of this state to prosecute all violators of any of the provisions hereof and of this act. The police of all cities any city shall have the right to inspect all premises, records and invoices pertaining to the purchase and sale of cigarettes of such dealers in their respective cities wholesale dis- tribution, retail sale or sampling of cigarettes or tobacco products within the city at all reasonable times. All agents and representatives of desig- nated by the director are hereby invested with all the powers of peace and police officers within the state of Kansas in the enforcement of the cigarette tax law provisions of this act throughout the state.

Sec./007006/K.S.A. 79-3373 is hereby amended to read as follows: 79- 3373. From and after 12:01 o'clock a.m. on July 1, 1972, No person shall engage in the business of selling or dealing in tobacco products as a dis- tributor in any place of business in this state without first having received a license from the director to engage in such business at that place of business. Every application for such license shall be made on a form prescribed by the director and shall state the name and address of the applicant; if the applicant is a firm, partnership or association, the name and address of each of its members; if the applicant is a corporation, the name and address of each of its officers; the address of its principal place of business; the place where the business to be licensed is to be con- ducted; and such other information as the director may require for the purpose of the administration of this act. A person without outside this state who ships or transports tobacco products to retailers in this state, to be sold by those retailers, may make application for license as a distrib- utor, be granted such a license by the director, and thereafter be subject to all the provisions of this act and entitled to act as a licensed distributor: Provided, That he or she file proof with his or her application that he or she if the person files with the application proof that the person has ap- pointed the secretary of state as his or her the person's agent for service of process relating to any matter or issue arising under this act.

Sec./007006/K.S.A. 79-3377 is hereby amended to read as follows: 79- 3377. Every (a) Each distributor shall keep in each licensed place of business complete and accurate records for that place of business, in- cluding itemized invoices of: (1) Tobacco products held, purchased, man- ufactured, brought in or caused to be brought in from without outside the state, or shipped or transported to retailers in this state, and of; and (2) all sales of tobacco products made, except sales to an ultimate con- sumer. Such records shall show the names and addresses of purchasers, and other pertinent papers and documents relating to the purchase, sale, or disposition of tobacco products. When a licensed distributor sells to- bacco products exclusively to ultimate consumers at the addresses given in the license, no invoice of those sales shall be required, but itemized invoices shall be made of all tobacco products transferred to other retail outlets owned or controlled by that licensed distributor. All books, records and other papers and documents required by this section subsection to be kept shall be preserved for a period of at least two (2) three years after the date of the documents, as aforesaid, or the date of the entries thereof appearing in the records, unless the director, in writing, authorizes their destruction or disposal at an earlier date.

(b) At any time during usual business hours duly authorized agents or employees of the director may enter any place of business of a distrib- utor and inspect the premises, the records required to be kept under this act, and the tobacco products contained therein, to determine whether or not all the provisions of this act are being fully complied with. Refusal to permit such inspection by a duly authorized agent or employee of the director shall be grounds for revocation of the license. Every

(c) Each person who sells tobacco products to persons other than an ultimate consumer shall render with each sale itemized invoices showing the seller's name and address, the purchaser's name and address, the date of sale, and all prices and discounts. He or she Such person shall preserve legible copies of all such invoices for two (2) years from three years after the date of sale. Every retailer

(d) Each distributor shall procure itemized invoices of all tobacco products purchased. The invoices shall show the name and address of the seller and the date of purchase. The retailer distributor shall preserve a legible copy of each such invoice for two (2) years from three years after the date of purchase. Invoices shall be available for inspection by au- thorized agents or employees of the director at the retailer's distributor's place of business.

Sec./007006/K.S.A. 79-3387 is hereby amended to read as follows: 79- 3387. (a) All revenue collected or received by the director from the li- censes and taxes imposed by this act shall be deposited monthly with the state treasurer and by him or her credited remitted daily to the state treasurer, who shall deposit the entire amount in the state treasury and credit it to the state general fund.

(b) All moneys received from license fees imposed by this act shall be collected by the director and shall be remitted daily to the state treasurer who shall deposit the entire amount in the state treasury and credit it to the cigarette and tobacco products regulation fund created by section 14.

New Sec./007006/(a) In addition to or in lieu of any other civil or criminal penalty provided by law, the secretary of revenue or the secretary's des- ignee, upon a finding that a licensee under this act has violated any pro- vision of this act or any provision of any rule and regulation of the sec- retary of revenue adopted pursuant to this act shall impose on such licensee a civil fine not exceeding $1,000 for each violation. In determin- ing the fine to be imposed under this section for a violation of subsection (b) of K.S.A. 79-3322 and amendments thereto by a licensed retail dealer whose employee sold, furnished or distributed the cigarettes or tobacco products, the secretary of revenue or the secretary's designee shall con- sider it to be a mitigating circumstance if the employee had completed a training program, approved by the secretary of revenue or the secretary's designee, in avoiding sale, furnishing or distributing of cigarettes and tobacco products to persons under 18 years of age.

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

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

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

New Sec./007006/The provisions of K.S.A. 79-3610, 79-3611, 79-3612, 79-3613, 79-3614, 79-3615 and 79-3617, and amendments thereto, relat- ing to the assessment, collection, appeal and administration of the retail- ers' sales tax, insofar as practical, shall have full force and effect with respect to taxes imposed by this act.

New Sec./007006/No person shall engage or direct a minor to violate any provision of this act for purposes of determining compliance with provi- sions of this act or the Kansas consumer protection act unless such person has procured the written consent of a parent or guardian of the minor to so engage or direct the minor and such person is:

(a) An officer having authority to enforce the provisions of this act;

(b) an authorized representative of the attorney general, a county attorney or a district attorney; or

(c) an authorized representative of a business acting pursuant to a self-compliance program designed to increase compliance with the pro- visions of this act.

Sec./007006/K.S.A. 12-4113 is hereby amended to read as follows: 12- 4113. As used in this act:

(a) ``Appearance bond'' means an undertaking, with or without se- curity, entered into by a person in custody by which the person is bound to comply with the conditions of the undertaking.

(b) ``Accused person'' means a person, corporation or other legal en- tity accused by a complaint of the violation of a city ordinance.

(c) ``Arraignment'' means the formal act of calling the person accused of violating an ordinance before the municipal court to inform the person of the offense with which the person is charged, to ask the person whether the person is guilty or not guilty and, if guilty, to impose sentence.

(d) ``Arrest'' means the taking of a person into custody in order that the person will appear to answer for the violation of an ordinance. The giving of a notice to appear is not an arrest.

(e) ``Bail'' is the security given for the purpose of insuring compliance with the terms of an appearance bond.

(f) ``City attorney'' means any attorney who represents the city in the prosecution of an accused person for the violation of a city ordinance.

(g) ``Complaint'' means a sworn written statement, or a written state- ment by a law enforcement officer, of the essential facts constituting a violation of an ordinance.

(h) ``Custody'' means the restraint of a person pursuant to an arrest.

(i) ``Detention'' means the temporary restraint of a person by a law enforcement officer.

(j) ``Law enforcement officer'' means any person who by virtue of office or public employment is vested by law with a duty to maintain public order and to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof.

(k) ``Notice to appear'' is a written notice to a person accused by a complaint of having violated an ordinance of a city to appear at a stated time and place to answer to the charge of the complaint.

(l) ``Subpoena'' is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified.

(m) ``Ordinance traffic infraction'' is a violation of an ordinance that proscribes or requires the same behavior as that proscribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118 and amendments thereto.

(n) ``Warrant'' is a written order made by a municipal judge directed to any law enforcement officer commanding the officer to arrest the per- son named or described in it.

(o) ``Ordinance cigarette or tobacco infraction'' is a violation of an ordinance that proscribes the same behavior as proscribed by subsection (m) or (n) of K.S.A. 79-3321 and amendments thereto.

Sec. 19. K.S.A. 12-4209 is hereby amended to read as follows: 12- 4209. A warrant may be issued: (a) When an accused person fails to appear as required in a notice to appear after its service.

(b) In all other cases where a complaint has been filed and the mu- nicipal judge determines that a warrant should be issued.

No warrant shall issue unless the complaint giving rise to its issuance is supported by oath or affirmation. No warrant shall issue for an ordi- nance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the ordinance traffic infraction.

Sec. 20. K.S.A. 12-4212 is hereby amended to read as follows: 12- 4212. (a) Except as provided in subsection (b), a law enforcement officer may arrest a person under any of the following circumstances:

(1) The officer has a warrant commanding that the person be ar- rested.

(2) A warrant for the person's arrest has been issued by a municipal court in this state.

(3) The officer has probable cause to believe that the person is com- mitting or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person.

(4) The law enforcement officer detained the person pursuant to sub- section (c) or (d) of K.S.A. 12-4211 and amendments thereto and:

(A) The person refuses to give a written promise to appear in court when served with a notice to appear;

(B) the person is unable to provide identification of self by presenting a valid driver's license or other identification giving equivalent informa- tion to the law enforcement officer;

(C) the person is not a resident of the state of Kansas; or

(D) the law enforcement officer has probable cause to believe that the person may cause injury to self or others or may damage property unless immediately arrested.

(b) A law enforcement officer may not arrest a person who is charged only with committing an ordinance traffic infraction or an ordinance cig- arette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the ordinance traffic infraction.

Sec. 21. K.S.A. 12-4214 is hereby amended to read as follows: 12- 4214. (a) When a person is charged with an ordinance traffic infraction or an ordinance cigarette or tobacco infraction, the notice to appear shall provide a place where the person may make a written entry of appearance, waive the right to a trial and plead guilty or no contest. The notice to appear shall provide a space in which the law enforcement officer, except as provided in subsection (b), shall enter the appropriate fine specified in the fine schedule established by the municipal judge in accordance with K.S.A. 12-4305 and amendments thereto, in the case of a traffic infraction, or a fine of $25, in the case of an ordinance cigarette or tobacco infraction. Either the notice to appear or a separate form provided to the person by the law enforcement officer shall provide an explanation: (1) Of the person's right to appear and right to trial, and the person's right to pay the appropriate fine prior to the appearance date, and ; (2) that failure to either pay such fine or appear at the specified time may result in the suspension of the person's driver's license or issuance of a warrant for the person's arrest; and (3) in the case of a traffic infraction, that failure to either pay such fine or appear at the specified time may result in the suspension of the person's driver's license. The law enforcement officer shall provide the person with the telephone number and address of the municipal court to which the written entry of appearance, waiver of trial, plea of guilty or no contest and payment of fine shall be mailed.

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

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

Sec. 22. K.S.A. 1995 Supp. 12-4305 is hereby amended to read as follows: 12-4305. (a) The municipal judge shall establish a schedule of fines which shall be imposed for municipal ordinance violations that are classified as ordinance traffic infractions. Also, the municipal judge may establish a schedule of fines which shall be imposed for the violation of certain other ordinances. Any fine so established shall be within the min- imum and maximum allowable fines established by ordinance for such offenses by the governing body. The following traffic violations are spe- cifically excluded from any schedule of fines:

(1) Reckless driving;

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

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

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

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

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

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

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

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

Sec. 23. K.S.A. 20-302b is hereby amended to read as follows: 20- 302b. (a) A district magistrate judge shall have the jurisdiction, power and duty, in any case in which a violation of the laws of the state is charged, to conduct the trial of traffic infractions, cigarette or tobacco infractions or misdemeanor charges and the preliminary examination of felony charges. In civil cases, a district magistrate judge shall have concurrent jurisdiction, powers and duties with a district judge, except that, unless otherwise specifically provided in subsection (b), a district magistrate judge shall not have jurisdiction or cognizance over the following actions:

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

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

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

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

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

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

(7) habeas corpus;

(8) receiverships;

(9) change of name;

(10) declaratory judgments;

(11) mandamus and quo warranto;

(12) injunctions;

(13) class actions;

(14) rights of majority;

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

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

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

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

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

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

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

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

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

Sec. 24. K.S.A. 21-3105 is hereby amended to read as follows: 21- 3105. A crime is an act or omission defined by law and for which, upon conviction, a sentence of death, imprisonment or fine, or both impris- onment and fine, is authorized or, in the case of a traffic infraction, a fine is authorized. Crimes are classified as felonies, misdemeanors and traffic infractions.

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

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

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

(4) All other crimes are misdemeanors.

Sec. 25. K.S.A. 21-3204 is hereby amended to read as follows: 21- 3204. A person may be guilty of an offense without having criminal intent if the crime is a misdemeanor, cigarette or tobacco infraction or traffic infraction and the statute defining the offense clearly indicates a legisla- tive purpose to impose absolute liability for the conduct described.

Sec. 26. K.S.A. 21-4503a is hereby amended to read as follows: 21- 4503a. (a) A person who has been convicted of a felony may, in addition to the sentence authorized by law, be ordered to pay a fine which shall be fixed by the court as follows:

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 27. K.S.A. 21-4619 is hereby amended to read as follows: 21- 4619. (a) Except as provided in subsections (b) and (c), any person con- victed in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, nondrug crimes ranked in severity levels 6 through 10 or any felony ranked in severity level 4 of the drug grid, may petition the convicting court for the expungement of such conviction if three or more years have elapsed since the person: (1) Satisfied the sentence imposed; or (2) was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a sus- pended sentence.

(b) Except as provided in subsection (c), no person may petition for expungement until five or more years have elapsed since the person sat- isfied the sentence imposed or was discharged from probation, a com- munity correctional services program, parole, postrelease supervision, conditional release or a suspended sentence, if such person was convicted of a class A, B or C felony, or for crimes committed on or after July 1, 1993, if convicted of an off-grid felony or any nondrug crime ranked in severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the drug grid, or:

(1) Vehicular homicide, as defined by K.S.A. 21-3405 and amend- ments thereto or as prohibited by any law of another state which is in substantial conformity with that statute;

(2) a violation of K.S.A. 8-1567 and amendments thereto, or a viola- tion of any law of another state, which declares to be unlawful the acts prohibited by that statute;

(3) driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked, as pro- hibited by K.S.A. 8-262 and amendments thereto or as prohibited by any law of another state which is in substantial conformity with that statute;

(4) perjury resulting from a violation of K.S.A. 8-261a and amend- ments thereto or resulting from the violation of a law of another state which is in substantial conformity with that statute;

(5) violating the provisions of the fifth clause of K.S.A. 8-142 and amendments thereto, relating to fraudulent applications or violating the provisions of a law of another state which is in substantial conformity with that statute;

(6) any crime punishable as a felony wherein a motor vehicle was used in the perpetration of such crime;

(7) failing to stop at the scene of an accident and perform the duties required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto, or required by a law of another state which is in substantial conformity with those statutes;

(8) violating the provisions of K.S.A. 40-3104 and amendments thereto, relating to motor vehicle liability insurance coverage; or

(9) a violation of K.S.A. 21-3405b, and amendments thereto.

(c) There shall be no expungement of convictions for the following offenses or of convictions for an attempt to commit any of the following offenses: (1) Rape as defined in subsection (a)(2) of K.S.A. 21-3502 and amendments thereto; (2) indecent liberties with a child as defined in K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent liber- ties with a child as defined in K.S.A. 21-3504 and amendments thereto; (4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21- 3505 and amendments thereto; (5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments thereto; (6) indecent solicitation of a child as defined in K.S.A. 21-3510 and amendments thereto; (7) aggra- vated indecent solicitation of a child as defined in K.S.A. 21-3511 and amendments thereto; (8) sexual exploitation of a child as defined in K.S.A. 21-3516 and amendments thereto; (9) aggravated incest as defined in K.S.A. 21-3603 and amendments thereto; (10) endangering a child as defined in K.S.A. 21-3608 and amendments thereto; (11) abuse of a child as defined in K.S.A. 21-3609 and amendments thereto; or (12) any con- viction for any offense in effect at any time prior to the effective date of this act, that is comparable to any offense as provided in this subsection.

(d) When a petition for expungement is filed, the court shall set a date for a hearing thereon and shall give notice thereof to the prosecuting attorney. The petition shall state: (1) The defendant's full name; (2) the full name of the defendant at the time of arrest and conviction, if different than the defendant's current name; (3) the defendant's sex, race and date of birth; (4) the crime for which the defendant was convicted; (5) the date of the defendant's conviction; and (6) the identity of the convicting court. There shall be no docket fee for filing a petition pursuant to this section. All petitions for expungement shall be docketed in the original criminal action. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner and shall have access to any reports or re- cords relating to the petitioner that are on file with the secretary of cor- rections or the Kansas parole board.

(e) At the hearing on the petition, the court shall order the petiti- oner's conviction expunged if the court finds that:

(1) The petitioner has not been convicted of a felony in the past two years and no proceeding involving any such crime is presently pending or being instituted against the petitioner;

(2) the circumstances and behavior of the petitioner warrant the expungement; and

(3) the expungement is consistent with the public welfare.

(f) When the court has ordered a conviction expunged, the order of expungement shall state the information required to be contained in the petition. The clerk of the court shall send a certified copy of the order of expungement to the Kansas bureau of investigation which shall notify the federal bureau of investigation, the secretary of corrections and any other criminal justice agency which may have a record of the conviction. After the order of expungement is entered, the petitioner shall be treated as not having been convicted of the crime, except that:

(1) Upon conviction for any subsequent crime, the conviction that was expunged may be considered as a prior conviction in determining the sentence to be imposed;

(2) the petitioner shall disclose that the conviction occurred if asked about previous convictions (A) in any application for employment as a detective with a private detective agency, as defined by K.S.A. 75-7b01 and amendments thereto; as security personnel with a private patrol op- erator, as defined by K.S.A. 75-7b01 and amendments thereto; with a criminal justice agency, as defined by K.S.A. 22-4701 and amendments thereto; or with an institution, as defined in K.S.A. 76-12a01 and amend- ments thereto, of the department of social and rehabilitation services; (B) in any application for admission, or for an order of reinstatement, to the practice of law in this state; (C) to aid in determining the petitioner's qualifications for employment with the Kansas lottery or for work in sen- sitive areas within the Kansas lottery as deemed appropriate by the ex- ecutive director of the Kansas lottery; (D) to aid in determining the pe- titioner's qualifications for executive director of the Kansas racing commission, for employment with the commission or for work in sensitive areas in parimutuel racing as deemed appropriate by the executive direc- tor of the commission, or to aid in determining qualifications for licensure or renewal of licensure by the commission; or (E) upon application for a commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and amendments thereto;

(3) the court, in the order of expungement, may specify other cir- cumstances under which the conviction is to be disclosed;

(4) the conviction may be disclosed in a subsequent prosecution for an offense which requires as an element of such offense a prior conviction of the type expunged; and

(5) upon commitment to the custody of the secretary of corrections, any previously expunged record in the possession of the secretary of cor- rections may be reinstated and the expungement disregarded, and the record continued for the purpose of the new commitment.

(g) Whenever a person is convicted of a crime, pleads guilty and pays a fine for a crime, is placed on parole, postrelease supervision or proba- tion, is assigned to a community correctional services program, is granted a suspended sentence or is released on conditional release, the person shall be informed of the ability to expunge the conviction.

(h) Subject to the disclosures required pursuant to subsection (f), in any application for employment, license or other civil right or privilege, or any appearance as a witness, a person whose conviction of a crime has been expunged under this statute may state that such person has never been convicted of such crime, but the expungement of a felony conviction does not relieve an individual of complying with any state or federal law relating to the use or possession of firearms by persons convicted of a felony.

(i) Whenever the record of any conviction has been expunged under the provisions of this section or under the provisions of any other existing or former statute, the custodian of the records of arrest, conviction and incarceration relating to that crime shall not disclose the existence of such records, except when requested by:

(1) The person whose record was expunged;

(2) a criminal justice agency, private detective agency or a private patrol operator, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with such agency or operator by the person whose record has been ex- punged;

(3) a court, upon a showing of a subsequent conviction of the person whose record has been expunged;

(4) the secretary of social and rehabilitation services, or a designee of the secretary, for the purpose of obtaining information relating to em- ployment in an institution, as defined in K.S.A. 76-12a01 and amend- ments thereto, of the department of social and rehabilitation services of any person whose record has been expunged;

(5) a person entitled to such information pursuant to the terms of the expungement order;

(6) a prosecuting attorney, and such request is accompanied by a statement that the request is being made in conjunction with a prosecu- tion of an offense that requires a prior conviction as one of the elements of such offense;

(7) the supreme court, the clerk or disciplinary administrator thereof, the state board for admission of attorneys or the state board for discipline of attorneys, and the request is accompanied by a statement that the request is being made in conjunction with an application for admission, or for an order of reinstatement, to the practice of law in this state by the person whose record has been expunged;

(8) the Kansas lottery, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;

(9) the governor or the Kansas racing commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for executive director of the commission, for employment with the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission or for licensure, renewal of licensure or continued licensure by the commission; or

(10) the Kansas sentencing commission.

Sec. 28. K.S.A. 22-2303 is hereby amended to read as follows: 22- 2303. (1) When an indictment is returned, as provided by K.S.A. 22-3011 and amendments thereto, a prosecution shall be deemed to have been begun. In misdemeanor cases, cigarette or tobacco infraction cases and traffic infraction cases a prosecution may be begun by filing an informa- tion in the district court. Such information shall be verified positively or shall be accompanied by affidavits stating the facts constituting the crime charged. When an information is filed under this section further pro- ceedings shall be had only after the judge has determined from the in- formation, or from an affidavit or affidavits filed with the information or from other evidence that there is probable cause to believe both that a crime has been committed and that the defendant has committed it.

(2) Except in traffic infraction and cigarette or tobacco infraction cases, when a prosecution is begun by the filing of an indictment or in- formation, upon which the judge has made a finding of probable cause as provided in subsection (1), a warrant for the arrest of the defendant shall issue forthwith unless otherwise directed by the court. The warrant may be signed by the clerk of the court, but shall be in the same form, executed and returned in the same manner as other warrants. In felony and misdemeanor cases, the court may order that a summons issue in- stead of a warrant. In traffic infraction and cigarette or tobacco infraction cases the court shall order that a summons issue instead of a warrant.

Sec. 29. K.S.A. 22-2401 is hereby amended to read as follows: 22- 2401. A law enforcement officer may arrest a person under any of the following circumstances:

(a) The officer has a warrant commanding that the person be ar- rested.

(b) The officer has probable cause to believe that a warrant for the person's arrest has been issued in this state or in another jurisdiction for a felony committed therein.

(c) The officer has probable cause to believe that the person is com- mitting or has committed:

(1) A felony; or

(2) a misdemeanor, and the law enforcement officer has probable cause to believe that:

(A) The person will not be apprehended or evidence of the crime will be irretrievably lost unless the person is immediately arrested;

(B) the person may cause injury to self or others or damage to prop- erty unless immediately arrested; or

(C) the person has intentionally inflicted bodily harm to another per- son.

(d) Any crime, except a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the person in the officer's view.

Sec. 30. K.S.A. 22-2403 is hereby amended to read as follows: 22- 2403. A person who is not a law enforcement officer may arrest another person when:

(1) A felony has been or is being committed and the person making the arrest has probable cause to believe that the arrested person is guilty thereof; or

(2) any crime, other than a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the arrested person in the view of the person making the arrest.

Sec. 31. K.S.A. 22-3210 is hereby amended to read as follows: 22- 3210. (a) Before or during trial a plea of guilty or nolo contendere may be accepted when:

(1) The defendant or counsel for the defendant enters such plea in open court; and

(2) in felony cases the court has informed the defendant of the con- sequences of the plea, including the specific sentencing guidelines level of any crime committed on or after July 1, 1993, and of the maximum penalty provided by law which may be imposed upon acceptance of such plea; and

(3) in felony cases the court has addressed the defendant personally and determined that the plea is made voluntarily with understanding of the nature of the charge and the consequences of the plea; and

(4) the court is satisfied that there is a factual basis for the plea.

(b) In felony cases the defendant must appear and plead personally and a verbatim record of all proceedings at the plea and entry of judgment thereon shall be made.

(c) In traffic infraction, cigarette or tobacco infraction and misde- meanor cases the court may allow the defendant to appear and plead by counsel.

(d) A plea of guilty or nolo contendere, for good cause shown and within the discretion of the court, may be withdrawn at any time before sentence is adjudged. To correct manifest injustice the court after sen- tence may set aside the judgment of conviction and permit the defendant to withdraw the plea.

Sec. 32. K.S.A. 22-3404 is hereby amended to read as follows: 22- 3404. (1) The trial of misdemeanor, cigarette or tobacco infraction and traffic offense infraction cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant's counsel. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such time requirement would cause undue hardship or prejudice to the defendant.

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

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

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

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

Sec. 33. K.S.A. 22-3405 is hereby amended to read as follows: 22- 3405. (1) The defendant in a felony case shall be present at the arraign- ment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by law. In prosecutions for crimes not punishable by death, the defendant's voluntary absence after the trial has been com- menced in such person's presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by counsel for all purposes.

(2) The defendant must be present, either personally or by counsel, at every stage of the trial of traffic infraction, cigarette or tobacco infrac- tion and misdemeanor cases.

Sec. 34. K.S.A. 22-3409 is hereby amended to read as follows: 22- 3409. When a jury trial is demanded, as provided by law, for traffic in- fraction, cigarette or tobacco infraction or misdemeanor cases, the judge shall summon not less than 12 prospective jurors from the source and in the manner provided for the summoning of other petit jurors in the dis- trict court in the county.

Sec. 35. K.S.A. 22-3412 is hereby amended to read as follows: 22- 3412. (a) (1) For crimes committed before July 1, 1993, peremptory chal- lenges shall be allowed as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 36. K.S.A. 22-3609a is hereby amended to read as follows: 22- 3609a. (1) A defendant shall have the right to appeal from any judgment of a district magistrate judge. The administrative judge shall be respon- sible for assigning a district judge for any such appeal. The appeal shall stay all further proceedings upon the judgment appealed from.

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

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

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

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

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

Sec. 37. K.S.A. 1995 Supp. 28-172a is hereby amended to read as follows: 28-172a. (a) Except as otherwise provided in this section, when- ever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed as follows:

(1) For the period commencing July 1, 1994, and ending June 30, 1996:

Murder or manslaughter.........................................       $159.50

Other felony...................................................        129.50

Misdemeanor....................................................         99.50

Forfeited recognizance.........................................         59.50

Appeals from other courts......................................         59.50

(2) For a period commencing July 1, 1996, and ending June 30, 1998:

Murder or manslaughter.........................................       $157.50

Other felony...................................................        127.50

Misdemeanor....................................................         97.50

Forfeited recognizance.........................................         57.50

Appeals from other courts......................................         57.50

(3) On and after July 1, 1998:

Murder or manslaughter.........................................       $156.50

Other felony...................................................        126.50

Misdemeanor....................................................         96.50

Forfeited recognizance.........................................         56.50

Appeals from other courts......................................         56.50

(b) In actions involving the violation of any of the laws of this state regulating traffic on highways (including those listed in subsection (c) of K.S.A. 8-2118, and amendments thereto), a cigarette or tobacco infrac- tion, any act declared a crime pursuant to the statutes contained in chap- ter 32 of Kansas Statutes Annotated and amendments thereto or any act declared a crime pursuant to the statutes contained in article 8 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, when- ever the prosecuting witness or defendant is adjudged to pay the costs in the action, a docket fee of $42 shall be charged during the period com- mencing July 1, 1994, and ending June 30, 1996, $41 during the period commencing July 1, 1996, and ending June 30, 1998, and $40 on or after July 1, 1998. When an action is disposed of under subsections (a) and (b) of K.S.A. 8-2118 or subsection (f) of section 9, and amendments thereto, whether by mail or in person, the docket fee to be paid as court costs shall be $42 during the period commencing July 1, 1994, and ending June 30, 1996, $41 during the period commencing July 1, 1996, and ending June 30, 1998, and $40 on and after July 1, 1998.

(c) If a conviction is on more than one count, the docket fee shall be the highest one applicable to any one of the counts. The prosecuting witness or defendant, if assessed the costs, shall pay only one fee. Multiple defendants shall each pay one fee.

(d) Statutory charges for law library funds, the law enforcement train- ing center fund, the prosecuting attorneys' training fund, the juvenile detention facilities fund, the judicial branch education fund, the emer- gency medical services operating fund and the judiciary technology fund shall be paid from the docket fee; the family violence and child abuse and neglect assistance and prevention fund fee shall be paid from criminal proceedings docket fees. All other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute. Additional fees shall include, but are not limited to, fees for Kansas bureau of investigation forensic or laboratory analyses, fees for service of process outside the state, witness fees, fees for transcripts and depositions, costs from other courts, doctors' fees and examination and evaluation fees. No sheriff in this state shall charge any district court of this state a fee or mileage for serving any paper or process.

(e) In each case charging a violation of the laws relating to parking of motor vehicles on the statehouse grounds or other state-owned or operated property in Shawnee county, Kansas, as specified in K.S.A. 75- 4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and amendments thereto, the clerk shall tax a fee of $2 which shall constitute the entire costs in the case, except that witness fees, mileage and expenses incurred in serving a warrant shall be in addition to the fee. Appearance bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amend- ments thereto, shall be $3, unless a warrant is issued. The judge may order the bond forfeited upon the defendant's failure to appear, and $2 of any bond so forfeited shall be regarded as court costs.

Sec. 38. K.S.A. 1995 Supp. 38-1502 is hereby amended to read as follows: 38-1502. As used in this code, unless the context otherwise in- dicates:

(a) ``Child in need of care'' means a person less than 18 years of age who:

(1) Is without adequate parental care, control or subsistence and the condition is not due solely to the lack of financial means of the child's parents or other custodian;

(2) is without the care or control necessary for the child's physical, mental or emotional health;

(3) has been physically, mentally or emotionally abused or neglected or sexually abused;

(4) has been placed for care or adoption in violation of law;

(5) has been abandoned or does not have a known living parent;

(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments thereto;

(7) except in the case of a violation of K.S.A. 41-727 or, subsection (j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto, or, except as provided in subsection (a)(12), of K.S.A. 1994 Supp. 21-4204a and amendments thereto, does an act which, when committed by a person under 18 years of age, is prohibited by state law, city ordinance or county resolution but which is not prohibited when done by an adult;

(8) while less than 10 years of age, commits any act which if done by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and amendments thereto;

(9) is willfully and voluntarily absent from the child's home without the consent of the child's parent or other custodian;

(10) is willfully and voluntarily absent at least a second time from a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's designee;

(11) has been residing in the same residence with a sibling or another person under 18 years of age, who has been physically, mentally or emo- tionally abused or neglected, or sexually abused; or

(12) while less than 10 years of age commits the offense defined in K.S.A. 1994 Supp. 21-4204a and amendments thereto.

(b) ``Physical, mental or emotional abuse or neglect'' means the in- fliction of physical, mental or emotional injury or the causing of a dete- rioration of a child and may include, but shall not be limited to, failing to maintain reasonable care and treatment, negligent treatment or maltreat- ment or exploiting a child to the extent that the child's health or emotional well-being is endangered. A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not for that reason be considered a negligent parent; however, this exception shall not preclude a court from entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.

(c) ``Sexual abuse'' means any act committed with a child which is described in article 35, chapter 21 of the Kansas Statutes Annotated and those acts described in K.S.A. 21-3602 or 21-3603, and amendments thereto, regardless of the age of the child.

(d) ``Parent,'' when used in relation to a child or children, includes a guardian, conservator and every person who is by law liable to maintain, care for or support the child.

(e) ``Interested party'' means the state, the petitioner, the child, any parent and any person found to be an interested party pursuant to K.S.A. 38-1541 and amendments thereto.

(f) ``Law enforcement officer'' means any person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.

(g) ``Youth residential facility'' means any home, foster home or struc- ture which provides 24-hour-a-day care for children and which is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.

(h) ``Shelter facility'' means any public or private facility or home other than a juvenile detention facility that may be used in accordance with this code for the purpose of providing either temporary placement for the care of children in need of care prior to the issuance of a dispos- itional order or longer term care under a dispositional order.

(i) ``Juvenile detention facility'' means any secure public or private facility used for the lawful custody of accused or adjudicated juvenile offenders which must not be a jail.

(j) ``Adult correction facility'' means any public or private facility, se- cure or nonsecure, which is used for the lawful custody of accused or convicted adult criminal offenders.

(k) ``Secure facility'' means a facility which is operated or structured so as to ensure that all entrances and exits from the facility are under the exclusive control of the staff of the facility, whether or not the person being detained has freedom of movement within the perimeters of the facility, or which relies on locked rooms and buildings, fences or physical restraint in order to control behavior of its residents. No secure facility shall be in a city or county jail.

(l) ``Ward of the court'' means a child over whom the court has ac- quired jurisdiction by the filing of a petition pursuant to this code and who continues subject to that jurisdiction until the petition is dismissed or the child is discharged as provided in K.S.A. 38-1503 and amendments thereto.

(m) ``Custody,'' whether temporary, protective or legal, means the status created by court order or statute which vests in a custodian, whether an individual or an agency, the right to physical possession of the child and the right to determine placement of the child, subject to restrictions placed by the court.

(n) ``Placement'' means the designation by the individual or agency having custody of where and with whom the child will live.

(o) ``Secretary'' means the secretary of social and rehabilitation serv- ices.

(p) ``Relative'' means a person related by blood, marriage or adoption but, when referring to a relative of a child's parent, does not include the child's other parent.

(q) ``Court-appointed special advocate'' means a responsible adult other than an attorney guardian ad litem who is appointed by the court to represent the best interests of a child, as provided in K.S.A. 38-1505a and amendments thereto, in a proceeding pursuant to this code.

(r) ``Multidisciplinary team'' means a group of persons, appointed by the court or by the state department of social and rehabilitation services under K.S.A. 38-1523a and amendments thereto, which has knowledge of the circumstances of a child in need of care.

(s) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as an adult jail or lockup, unless the facility meets all applicable standards and licen- sure requirements under law and there is (A) total separation of the ju- venile and adult facility spatial areas such that there could be no haphaz- ard or accidental contact between juvenile and adult residents in the respective facilities; (B) total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping, and general living activities; and (C) separate juvenile and adult staff, including management, security staff and direct care staff such as recreational, educational and counseling.

(t) ``Kinship care'' means the placement of a child in the home of the child's relative or in the home of another adult with whom the child or the child's parent already has a close emotional attachment.

Sec. 39. K.S.A. 1995 Supp. 75-6202 is hereby amended to read as follows: 75-6202. As used in this act:

(a) ``Debtor'' means any person who:

(1) Owes a debt to the state of Kansas or any state agency or any municipality;

(2) owes support to an individual, or an agency of another state, who is receiving assistance in collecting that support under K.S.A. 39-756 and amendments thereto or under part D of title IV of the federal social security act (42 U.S.C. (section) 651 et seq.), as amended; or

(3) owes a debt to a foreign state agency.

(b) ``Debt'' means:

(1) Any liquidated sum due and owing to the state of Kansas, or any state agency, municipality or foreign state agency which has accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum. A debt shall not include: (A) Special assessments except when the owner of the property assessed petitioned for the improvement and any successor in interest of such owner of property; or (B) fines or penalties assessed by a municipal court, except for cigarette or tobacco infractions and traffic infractions and offenses; or

(2) any amount of support due and owing an individual, or an agency of another state, who is receiving assistance in collecting that support under K.S.A. 39-756 and amendments thereto or under part D of title IV of the federal social security act (42 U.S.C. (section) 651 et seq.), as amended, which amount shall be considered a debt due and owing the department of social and rehabilitation services for the purposes of this act.

(c) ``Refund'' means any amount of Kansas income tax refund due to any person as a result of an overpayment of tax, and for this purpose, a refund due to a husband and wife resulting from a joint return shall be considered to be separately owned by each individual in the proportion of each such spouse's contribution to income, as the term ``contribution to income'' is defined by rules and regulations of the secretary of revenue.

(d) ``Net proceeds collected'' means gross proceeds collected through final setoff against a debtor's earnings, refund or other payment due from the state or any state agency minus any collection assistance fee charged by the director of accounts and reports of the department of administra- tion.

(e) ``State agency'' means any state office, officer, department, board, commission, institution, bureau, agency or authority or any division or unit thereof and any judicial district of this state or the clerk or clerks thereof.

(f) ``Person'' means an individual, proprietorship, partnership, limited partnership, association, trust, estate, business trust, corporation, other entity or a governmental agency, unit or subdivision.

(g) ``Director'' means the director of accounts and reports of the de- partment of administration.

(h) ``Municipality'' means any municipality as defined by K.S.A. 75- 1117, and amendments thereto.

(i) ``Payor agency'' means any state agency which holds money for, or owes money to, a debtor.

(j) ``Foreign state or foreign state agency'' means the states of Colo- rado, Missouri, Nebraska or Oklahoma or any agency of such states which has entered into a reciprocal agreement pursuant to K.S.A. 1995 Supp. 75-6215 and amendments thereto.

Sec. 40. K.S.A. 12-4113, 12-4209, 12-4212, 12-4214, 20-302b, 21- 3105, 21-3204, 21-4503a, 21-4619, 22-2303, 22-2401, 22-2403, 22-3210, 22-3404, 22-3405, 22-3409, 22-3412, 22-3609a, 79-3301, 79-3302, 79- 3303, 79-3304, 79-3305, 79-3309, 79-3310b, 79-3316, 79-3318, 79-3321, 79-3322, 79-3323, 79-3326, 79-3370, 79-3372, 79-3373, 79-3376, 79- 3377, 79-3380 through 79-3387 and 79-3390 and K.S.A. 1995 Supp. 12- 4305, 28-172a, 38-1502 and 75-6202 are hereby repealed.

Sec. 41. This act shall take effect and be in force from and after its publication in the statute book.

Approved May 11, 1996.