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AN ACT concerning traffic infractions; relating to plea bargaining and
  fines; requiring an audit of diversion fees; amending K.S.A. 28-175 and
  K.S.A. 1996 Supp. 8-2118 and 12-4305 and repealing the existing
  sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 8-2118 is hereby amended to read as
follows: 8-2118. (a) A person charged with a traffic infraction shall, except
as provided in subsection (b), 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 uniform fine schedule in subsection (c) and court costs
shall be taxed as provided by law.
  (b)  Prior to the time specified in the notice to appear, a person
charged with a traffic infraction may enter a written appearance, waive
right to trial, plead guilty or no contest and pay the fine for the violation
as specified in the uniform fine schedule in subsection (c) and court costs
provided by law. Payment may be made by mail or in person and may be
by personal check. The traffic 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 traffic 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.
  (c)  The following uniform fine schedule shall apply uniformly
throughout the state but shall not limit the fine which may be imposed
following a court appearance, except an appearance made for the purpose
of pleading and payment as permitted by subsection (a). The description
of offense contained in the following uniform fine schedule is for refer-
ence only and is not a legal definition.
Description of Offense                         Statute
     Fine
[u888]Refusal to submit to a preliminary breath test8-1012$30
[u888]Unsafe speed for prevailing conditions8-1557$20
[u888]Exceeding maximum speed limit; or speeding in zone posted by the state
     department of transportation; or speeding in locally posted
     zone8-1558to8-15608-1560aor8-1560b[nt1-10 mph over the limit, $10;11-20 mph
     over the limit, $10 plus $2 per mph over 10 mph over the limit;21-30 mph over
     the limit, $30 plus $3 per mph over 20 mph over the limit;31 and more mph over
     the limit, $60 plus $5 per mph over 30 mph over the limit;
[u888]Disobeying traffic control device8-1507$20
[u888]Violating traffic control signal8-1508$20
[u888]Violating pedestrian control signal8-1509$10
[u888]Violating flashing traffic signals8-1510$20
[u888]Violating lane-control signal8-1511$20
[u888]Unauthorized sign, signal, marking or device8-1512$10
[u888]Driving on left side of roadway8-1514$20
[u888]Failure to keep right to pass oncoming vehicle8-1515$20
[u888]Improper passing; increasing speed when passed8-1516$20
[u888]Improper passing on right8-1517$20
[u888]Passing on left with insufficient clearance8-1518$20
[u888]Driving on left side where curve, grade, intersection railroad crossing,
     or obstructed view 8-1519$20
[u888]Driving on left in no-passing zone8-1520$20
[u888]Driving wrong direction on one-way road8-1521$20
[u888]Improper driving on laned roadway8-1522$20
[u888]Following too close8-1523$20
[u888]Improper crossover on divided highway8-1524$10
[u888]Failure to yield right-of-way at uncontrolled intersection8-1526$20
[u888]Failure to yield to approaching vehicle when turning left8-1527$20
[u888]Failure to yield at stop or yield sign8-1528$20
[u888]Failure to yield from private road or driveway8-1529$20
[u888]Failure to yield to emergency vehicle8-1530$30
[u888]Failure to yield to pedestrian or vehicle working on roadway8-1531$10
[u888]Failure to comply with restrictions in road construction zone8-1531a$10
[u888]Disobeying pedestrian traffic control device8-1532$10
[u888]Failure to yield to pedestrian in crosswalk; pedestrian suddenly entering
     roadway; passing vehicle stopped for pedestrian at crosswalk8-1533$20
[u888]Improper pedestrian crossing8-1534$10
[u888]Failure to exercise due care in regard to pedestrian8-1535$10
[u888]Improper pedestrian movement in crosswalk8-1536$10
[u888]Improper use of roadway by pedestrian8-1537$10
[u888]Soliciting ride or business on roadway8-1538$10
[u888]Driving through safety zone8-1539$10
[u888]Failure to yield to pedestrian on sidewalk8-1540$10
[u888]Failure of pedestrian to yield to emergency vehicle8-1541$10
[u888]Failure to yield to blind pedestrian8-1542 $10
[u888]Pedestrian disobeying bridge or railroad signal8-1544$10
[u888]Improper turn or approach8-1545$20
[u888]Improper ``U'' turn8-1546$20
[u888]Unsafe starting of stopped vehicle8-1547$10
[u888]Unsafe turning or stopping, failure to give proper signal; using turn
     signal unlawfully8-1548$20
[u888]Improper method of giving notice of intention to turn8-1549$10
[u888]Improper hand signal8-1550$10
[u888]Failure to stop or obey railroad crossing signal8-1551$60
[u888]Failure to stop at railroad crossing stop sign8-1552$40
[u888]Certain hazardous vehicles failure to stop at railroad crossing 8-1553$60
[u888]Improper moving of heavy equipment at railroad crossing8-1554$20
[u888]Vehicle emerging from alley, private roadway, building or
     driveway8-1555$20
[u888]Improper passing of school bus; improper use of school bus
     signals8-1556$60
[u888]Improper passing of church or day-care bus; improper use of
     signals8-1556a$60
[u888]Impeding normal traffic by slow speed8-1561$10
[u888]Speeding on motor-driven cycle8-1562$20
[u888]Speeding in certain vehicles or on posted bridge8-1563$10
[u888]Improper stopping, standing or parking on roadway8-1569$10
[u888]Parking, standing or stopping in prohibited area8-1571$10
[u888]Improper parking8-1572$10
[u888]Unattended vehicle8-1573$10
[u888]Improper backing8-1574$10
[u888]Driving on sidewalk8-1575$10
[u888]Driving with view or driving mechanism obstructed8-1576$10
[u888]Unsafe opening of vehicle door8-1577$10
[u888]Riding in house trailer8-1578$10
[u888]Improper driving in defiles, canyons, or on grades8-1579$10
[u888]Coasting8-1580$10
[u888]Following fire apparatus too closely8-1581$20
[u888]Driving over fire hose8-1582$10
[u888]Putting glass, etc., on highway8-1583$30
[u888]Driving into intersection, crosswalk, or crossing without sufficient space
     on other side8-1584$10
[u888]Improper operation of snowmobile on highway8-1585$10
[u888]Parental responsibility of child riding bicycle8-1586$10
[u888]Not riding on bicycle seat; too many persons on bicycle8-1588$10
[u888]Clinging to other vehicle8-1589$10
[u888]Improper riding of bicycle on roadway8-1590 $10
[u888]Carrying articles on bicycle; one hand on handlebars8-1591$10
[u888]Improper bicycle lamps, brakes or reflectors8-1592$10
[u888]Improper operation of motorcycle; seats; passengers, bundles8-1594$10
[u888]Improper operation of motorcycle on laned roadway8-1595$20
[u888]Motorcycle clinging to other vehicle8-1596$10
[u888]Improper motorcycle handlebars or passenger equipment8-1597$20
[u888]Motorcycle helmet and eye-protection requirements8-1598$10
[u888]Unlawful riding on vehicle8-1578a$20
[u888]Unlawful operation of all-terrain vehicle8-15,100$20
[u888]Equipment offenses that are not misdemeanors8-1701$20
[u888]Driving without lights when needed8-1703$20
[u888]Defective headlamps8-1705$10
[u888]Defective tail lamps8-1706$10
[u888]Defective reflector8-1707$10
[u888]Improper stop lamp or turn signal8-1708$10
[u888]Improper lighting equipment on certain vehicles8-1710$10
[u888]Improper lamp color on certain vehicles8-1711$10
[u888]Improper mounting of reflectors and lamps on certain vehicles8-1712$10
[u888]Improper visibility of reflectors and lamps on certain vehicles8-1713$10
[u888]No lamp or flag on projecting load8-1715 $20
[u888]Improper lamps on parked vehicle8-1716$10
[u888]Improper lights, lamps, reflectors and emblems on farm tractors or
     slow-moving vehicles8-1717$10
[u888]Improper lamps and equipment on implements of husbandry, road machinery or
     animal-drawn vehicles8-1718$10
[u888]Unlawful use of spot, fog, or auxiliary lamp8-1719$10
[u888]Improper lamps or lights on emergency vehicle8-1720$10
[u888]Improper stop or turn signal8-1721$10
[u888]Improper vehicular hazard warning lamp8-1722$10
[u888]Unauthorized additional lighting equipment8-1723$10
[u888]Improper multiple-beam lights8-1724$10
[u888]Failure to dim headlights8-1725$20
[u888]Improper single-beam headlights8-1726$10
[u888]Improper speed with alternate lighting8-1727$10
[u888]Improper number of driving lamps8-1728$10
[u888]Unauthorized lights and signals8-1729$10
[u888]Improper school bus lighting equipment and warning devices8-1730$10
[u888]Unauthorized lights and devices on church or day-care bus8-1730a$10
[u888]Improper lights on highway construction or maintenance vehicles8-1731$10
[u888]Defective brakes8-1734$10
[u888]Defective or improper use of horn or warning device8-1738$10
[u888]Defective muffler8-1739 $10
[u888]Defective mirror8-1740$10
[u888]Defective wipers; obstructed windshield or windows8-1741$10
[u888]Improper tires8-1742$10
[u888]Improper flares or warning devices8-1744$10
[u888]Improper use of vehicular hazard warning lamps and devices8-1745$10
[u888]Improper air-conditioning equipment8-1747$10
[u888]TV screen visible to driver8-1748$10
[u888]Improper safety belt or shoulder harness8-1749$10
[u888]Improper wide-based single tires8-1742b$20
[u888]Defective motorcycle headlamp8-1801$10
[u888]Defective motorcycle tail lamp8-1802$10
[u888]Defective motorcycle reflector8-1803$10
[u888]Defective motorcycle stop lamps and turn signals8-1804$10
[u888]Defective multiple-beam lighting8-1805$10
[u888]Improper road-lighting equipment on motor-driven cycles8-1806$10
[u888]Defective motorcycle or motor-driven cycle brakes8-1807$10
[u888]Improper performance ability of brakes8-1808$10
[u888]Operating motorcycle with disapproved braking system8-1809$10
[u888]Defective horn, muffler, mirrors or tires8-1810$10
             [u888]Unlawful statehouse parking75-4510a$5
  (d)  Traffic offenses classified as traffic infractions by this section shall
be classified as ordinance traffic infractions by those cities adopting
ordinances prohibiting the same offenses. A schedule of fines for all
ordinance traffic infractions shall be established by the municipal judge
in the manner prescribed by K.S.A. 12-4305 and amendments thereto.
Such fines may vary from those contained in the uniform fine schedule
contained in subsection (c).
  (e)  Fines listed in the uniform fine schedule contained in subsection
  (c) shall be doubled if a person is convicted of a traffic infraction, which
is defined as a moving violation in accordance with rules and regulations
adopted pursuant to K.S.A. 8-249, and amendments thereto, committed
within any road construction zone as defined in K.S.A. 1996 Supp. 8-
1458a, and amendments thereto.
  (f)  Except as provided in subsection (e), on any plea bargain accepted
by the city, county or district attorney for any traffic offense or ordinance
traffic infraction listed in this subsection, the fine shall be no greater than
the uniform fine for the original offense or infraction stated on the traffic
citation.
  Sec. 2.  K.S.A. 1996 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
minimum and maximum allowable fines established by ordinance for such
offenses by the governing body. The following traffic violations are
specifically 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
provided 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 an ordinance cigarette or tobacco infraction or a violation
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
payment 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 ordinance 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
appearance, 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.
  (d)  On any plea bargain accepted by the city attorney for any
ordinance traffic infraction, the fine shall be no greater than the fine listed
in the schedule of fines for the original infraction stated on the traffic
citation.
  Sec. 3.  K.S.A. 28-175 is hereby amended to read as follows: 28-175.
County officers and employees shall receive no compensation, tips, fees,
mileage or salaries, which compensation, tips, fees, mileage or salaries
are or shall be paid to such officer or employee directly or indirectly by
reason of his or her such officer's or employee's performance of the duties
or obligations of such county office or employment, unless such
compensation, tips, fees, mileage or salaries are specifically allowed to
them by law. All such compensation, tips, fees, mileage or salaries
-received, directly or indirectly by them or from their respective offices
from any source whatsoever, which compensation, tips, fees, mileage or
salaries would not have been received except for such officer's or
employee's performance of the duties or obligations of such county office
or employment, including all notary fees collected by any officer, deputy
or clerk in any proceeding pending or to become pending, filed or to be
filed in said such office, not specifically authorized to be retained by them,
shall be paid over on the first and fifteenth 15th days of each month, or
if either of said such dates be a Sunday or legal holiday, then on the next
secular day, to the county treasurer accompanied by a sworn statement
in such form as the board of county commissioners may prescribe, to the
effect that all compensation, tips, fees, mileage and salaries collected are
correctly set forth therein. All such compensation, tips, fees, mileage and
salaries shall be placed by said such treasurer to the credit of the county
general fund. Any compensation, fees or other income which are
specifically authorized by law to be paid to any county officer or employee
from public funds of the county may be retained by them. Any officer or
employee receiving compensation, tips, fees, mileage or salaries from
sources other than public funds of the county which compensation, tips,
fees, mileage or salaries would not have been received except for such
county officer's or employee's performance of the duties or obligations
of his or her such officer's or employee's office or employment, shall be
reported by such officer or employee to the county clerk on or before
September 10 and on the 10th day of the month following each quarter
year thereafter. Any diversion fees received by or paid to the county or
district attorney shall be paid over to the county treasurer and credited
to the county general fund. Such fees shall be subject to the county audit
proceedings pursuant to article 6 of chapter 19 of the Kansas Statutes
Annotated, and amendments thereto.
  Sec. 4.  K.S.A. 28-175 and K.S.A. 1996 Supp. 8-2118 and 12-4305 are
hereby repealed.
  Sec. 5.  This act shall take effect and be in force from and after its
publication in the statute book.