An  Act concerning judges; relating to administrative judges; amending K.S.A. 19-204a, 19-
      15,123, 19-4705, 19-4737, 19-4809, 19-4810, 19-4811, 20-158, 20-163, 20-310a, 20-
      311d, 20-319, 20-329, 20-335, 20-343, 20-345, 20-347, 20-349, 20-357, 20-365, 20-438,
      20-3013, 22-2804, 22-2807, 22-3101, 22-3708, 22-4009, 23-494, 23-499, 23-4,118, 23-
      701, 38-555, 38-1812, 39-1702, 59-2402, 59-2402a, 59-2402b, 59-2402d, 59-2408, 60-
      465a, 60-2601a, 60-3502, 60-3503, 60-3505, 61-1720, 61-1724, 61-2103, 61-2709, 65-
      205, 65-4901, 65-4902, 65-4904, 74-2434, 75-3120g, 75-5297, 75-52,110, 79-1494 and
      79-2804 and K.S.A. 1998 Supp. 8-1008, 12-4509, 20-159, 20-302b, 20-350, 21-4502, 22-
      3609, 22-3609a, 23-496, 23-497, 23-498, 38-1808, 44-555c and 72-8906 and repealing
      the existing sections.


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

      Section  1. K.S.A. 1998 Supp. 8-1008 is hereby amended to read as
follows: 8-1008. (a) Community-based alcohol and drug safety action pro-
grams certified in accordance with subsection (b) shall provide:

      (1) Presentence alcohol and drug evaluations of any person who is
convicted of a violation of K.S.A. 8-1567 and amendments thereto, or the
ordinance of a city in this state which prohibits the acts prohibited by that
statute;

      (2) supervision and monitoring of all persons who are convicted of a
violation of K.S.A. 8-1567 and amendments thereto, or the ordinance of
a city in this state which prohibits the acts prohibited by that statute, and
whose sentences or terms of probation require completion of an alcohol
and drug safety action program, as provided in this section, or an alcohol
and drug abuse treatment program, as provided in this section;

      (3) alcohol and drug evaluations of persons whom the prosecutor con-
siders for eligibility or finds eligible to enter a diversion agreement in lieu
of further criminal proceedings on a complaint alleging a violation of
K.S.A. 8-1567 and amendments thereto, or the ordinance of a city in this
state which prohibits the acts prohibited by that statute;

      (4) supervision and monitoring of persons required, under a diversion
agreement in lieu of further criminal proceedings on a complaint alleging
a violation of K.S.A. 8-1567 and amendments thereto, or the ordinance
of a city in this state which prohibits the acts prohibited by that statute,
to complete an alcohol and drug safety action program, as provided in
this section, or an alcohol and drug abuse treatment program, as provided
in this section; or

      (5) any combination of (1), (2), (3) and (4).

      (b) The presentence alcohol and drug evaluation shall be conducted
by a community-based alcohol and drug safety action program certified
in accordance with the provisions of this subsection to provide evaluation
and supervision services as described in subsections (c) and (d). A com-
munity-based alcohol and drug safety action program shall be certified
either by the administrative chief judge of the judicial district to be served
by the program or by the secretary of social and rehabilitation services
for judicial districts in which the administrative chief judge declines to
certify a program. In addition to any qualifications established by the
secretary, the administrative chief judge may establish qualifications for
the certification of programs, which qualifications may include require-
ments for training, education and certification of personnel; supervision
and monitoring of clients; fee reimbursement procedures; handling of
conflicts of interest; delivery of services to clients unable to pay; and other
matters relating to quality and delivery of services by the program. In
establishing the qualifications for programs, the administrative chief judge
or the secretary shall give preference to those programs which have had
practical experience prior to July 1, 1982, in diagnosis and referral in
alcohol and drug abuse. Certification of a program by the administrative
chief judge shall be done with consultation and approval of a majority of
the judges of the district court of the district and municipal judges of
cities lying in whole or in part within the district. If within 60 days after
the effective date of this act the administrative chief judge declines to
certify any program for the judicial district, the judge shall notify the
secretary of social and rehabilitation services, and the secretary of social
and rehabilitation services shall certify a community-based alcohol and
drug safety action program for that judicial district. The certification shall
be for a four-year period. Recertification of a program or certification of
a different program shall be by the administrative chief judge, with con-
sultation and approval of a majority of the judges of the district court of
the district and municipal judges of cities lying in whole or in part within
the district. If upon expiration of certification of a program there will be
no certified program for the district and the administrative chief judge
declines to recertify or certify any program in the district, the judge shall
notify the secretary of social and rehabilitation services, at least six months
prior to the expiration of certification, that the judge declines to recertify
or certify a program under this subsection. Upon receipt of the notice
and prior to the expiration of certification, the secretary shall recertify or
certify a community-based alcohol and drug safety action program for the
judicial district for the next four-year period. To be eligible for certifi-
cation under this subsection, the administrative chief judge or the sec-
retary of social and rehabilitation services shall determine that a com-
munity-based alcohol and drug safety action program meets the
qualifications established by the judge or secretary and is capable of pro-
viding, within the judicial district: (1) The evaluations, supervision and
monitoring required under subsection (a); (2) the alcohol and drug eval-
uation report required under subsection (c) or (d); (3) the follow-up du-
ties specified under subsection (c) or (d) for persons who prepare the
alcohol and drug evaluation report; and (4) any other functions and duties
specified by law. Community-based alcohol and drug safety action pro-
grams performing services in any judicial district under this section prior
to the effective date of this act may continue to perform those services
until a community-based alcohol and drug safety action program is cer-
tified for that judicial district.

      (c) A presentence alcohol and drug evaluation shall be conducted on
any person who is convicted of a violation of K.S.A. 8-1567 and amend-
ments thereto, or the ordinance of a city in this state which prohibits the
acts prohibited by that statute. The presentence alcohol and drug evalu-
ation report shall be made available to and shall be considered by the
court prior to sentencing. The presentence alcohol and drug evaluation
report shall contain a history of the defendant's prior traffic record, char-
acteristics and alcohol or drug problems, or both, and a recommendation
concerning the amenability of the defendant to education and rehabili-
tation. The presentence alcohol and drug evaluation report shall include
a recommendation concerning the alcohol and drug driving safety edu-
cation and treatment for the defendant. The presentence alcohol and
drug evaluation report shall be prepared by a program which has dem-
onstrated practical experience in the diagnosis of alcohol and drug abuse.
The duties of persons who prepare the presentence alcohol and drug
evaluation report may also include appearing at sentencing and probation
hearings in accordance with the orders of the court, monitoring defen-
dants in the treatment programs, notifying the probation department and
the court of any defendant failing to meet the conditions of probation or
referrals to treatment, appearing at revocation hearings as may be re-
quired and providing assistance and data reporting and program evalua-
tion. The cost of any alcohol and drug education, rehabilitation and treat-
ment programs for any person shall be paid by such person, and such
costs shall include, but not be limited to, the assessments required by
subsection (e). If financial obligations are not met or cannot be met, the
sentencing court shall be notified for the purpose of collection or review
and further action on the defendant's sentence.

      (d) An alcohol and drug evaluation shall be conducted on any person
whom the prosecutor considers for eligibility or finds eligible to enter a
diversion agreement in lieu of further criminal proceedings on a com-
plaint alleging a violation of K.S.A. 8-1567 and amendments thereto, or
the ordinance of a city in this state which prohibits the acts prohibited by
that statute. The alcohol and drug evaluation report shall be made avail-
able to the prosecuting attorney and shall be considered by the prose-
cuting attorney. The alcohol and drug evaluation report shall contain a
history of the person's prior traffic record, characteristics and alcohol or
drug problems, or both, and a recommendation concerning the amena-
bility of the person to education and rehabilitation. The alcohol and drug
evaluation report shall include a recommendation concerning the alcohol
and drug driving safety education and treatment for the person. The al-
cohol and drug evaluation report shall be prepared by a program which
has demonstrated practical experience in the diagnosis of alcohol and
drug abuse. The duties of persons who prepare the alcohol and drug
evaluation report may also include monitoring persons in the treatment
programs, notifying the prosecutor and the court of any person failing to
meet the conditions of diversion or referrals to treatment, and providing
assistance and data reporting and program evaluation. The cost of any
alcohol and drug education, rehabilitation and treatment programs for
any person shall be paid by such person, and such costs shall include, but
not be limited to, the assessments required by subsection (e).

      (e) In addition to any fines, fees, penalties or costs levied against a
person who is convicted of a violation of K.S.A. 8-1567 and amendments
thereto, or the ordinance of a city in this state which prohibits the acts
prohibited by that statute, or who enters a diversion agreement in lieu of
further criminal proceedings on a complaint alleging a violation of that
statute or such an ordinance, $125 shall be assessed against the person
by the sentencing court or under the diversion agreement. The $125
assessment may be waived by the court or, in the case of diversion of
criminal proceedings, by the prosecuting attorney, if the court or prose-
cuting attorney finds that the defendant is an indigent person. Except as
otherwise provided in this subsection, the clerk of the court shall deposit
all assessments received under this section in the alcohol and drug safety
action fund of the court, which fund shall be subject to the administration
of the judge having administrative authority over that court. If the sec-
retary of social and rehabilitation services certifies the community-based
alcohol and drug safety action program for the judicial district in which
the court is located, the clerk of the court shall remit, during the four-
year period for which the program is certified, 15% of all assessments
received under this section to the secretary of social and rehabilitation
services. Moneys credited to the alcohol and drug safety action fund shall
be expended by the court, pursuant to vouchers signed by the judge
having administrative authority over that court, only for costs of the serv-
ices specified by subsection (a) or otherwise required or authorized by
law and provided by community-based alcohol and drug safety action
programs, except that not more than 10% of the money credited to the
fund may be expended to cover the expenses of the court involved in
administering the provisions of this section. In the provision of these
services the court shall contract as may be necessary to carry out the
provisions of this section. The district or municipal judge having admin-
istrative authority over that court shall compile a report and send such
report to the office of the state judicial administrator on or before January
20 of each year, beginning January 20, 1991. Such report shall include,
but not be limited to:

      (1) The balance of the alcohol and drug safety action fund of the court
on December 31 of each year;

      (2) the assessments deposited into the fund during the 12-month pe-
riod ending the preceding December 31; and

      (3) the dollar amounts expended from the fund during the 12-month
period ending the preceding December 31.

      The office of the state judicial administrator shall compile such reports
into a statewide report and submit such statewide report to the legislature
on or before March 1 of each year.

      (f) The secretary of social and rehabilitation services shall remit all
moneys received by the secretary under this section to the state treasurer
at least monthly. Upon receipt of the remittance, the state treasurer shall
deposit the entire amount in the state treasury and credit it to the certi-
fication of community-based alcohol and drug safety action programs fee
fund, which is hereby created. All expenditures from such fund shall be
made in accordance with appropriation acts upon warrants issued pur-
suant to vouchers approved by the secretary of social and rehabilitation
services or a person designated by the secretary.

      Sec.  2. K.S.A. 1998 Supp. 12-4509 is hereby amended to read as
follows: 12-4509. (a) Whenever a person is found guilty of the violation
of an ordinance, the municipal judge may:

      (1) Release the person without imposition of sentence;

      (2) release the person on probation after the imposition of sentence,
without imprisonment or the payment of a fine or a portion thereof,
subject to conditions imposed by the court as provided in subsection (e);
or

      (3) impose such sentence of fine or imprisonment, or both, as au-
thorized for the ordinance violation.

      (b) In addition to or in lieu of any other sentence authorized by law,
whenever a person is found guilty of the violation of an ordinance and
there is evidence that the act constituting the violation of the ordinance
was substantially related to the possession, use or ingestion of cereal malt
beverage or alcoholic liquor by such person, the judge may order such
person to attend and satisfactorily complete an alcohol or drug education
or training program certified by the administrative chief judge of the
judicial district or licensed by the secretary of social and rehabilitation
services.

      (c) Except as provided in subsection (d), in addition to or in lieu of
any other sentence authorized by law, whenever a person is convicted of
having violated, while under 21 years of age, an ordinance prohibiting an
act prohibited by the uniform controlled substances act (K.S.A. 65-4101
et seq. and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-
4153, 65-4154 or 65-4155 or K.S.A. 1997 1998 Supp. 8-1599, and amend-
ments thereto, the municipal judge shall order such person to submit to
and complete an alcohol and drug evaluation by a community-based al-
cohol and drug safety action program certified pursuant to K.S.A. 8-1008
and amendments thereto and to pay a fee not to exceed the fee estab-
lished by that statute for such evaluation. If the judge finds that the person
is indigent, the fee may be waived.

      (d) If the person is 18 or more years of age but less than 21 years of
age and is convicted of a violation of K.S.A. 41-727, and amendments
thereto, involving cereal malt beverage, the provisions of subsection (c)
are permissive and not mandatory.

      (e) The court may impose any conditions of probation or suspension
of sentence that the court deems proper, including, but not limited to,
requiring that the defendant:

      (1) Avoid such injurious or vicious habits, as directed by the court or
the probation officer;

      (2) avoid such persons or places of disreputable or harmful character,
as directed by the court or the probation officer;

      (3) report to the probation officer as directed;

      (4) permit the probation officer to visit the defendant at home or
elsewhere;

      (5) work faithfully at suitable employment insofar as possible;

      (6) remain within the state unless the court grants permission to
leave;

      (7) pay a fine or costs, applicable to the ordinance violation, in one
or several sums and in the manner as directed by the court;

      (8) support the defendant's dependents;

      (9) reside in a residential facility located in the community and par-
ticipate in educational counseling, work and other correctional or reha-
bilitative programs;

      (10) perform community or public service work for local govern-
mental agencies, private corporations organized not for profit, or chari-
table or social service organizations performing services for the commu-
nity;

      (11) perform services under a system of day fines whereby the de-
fendant is required to satisfy fines, costs or reparation or restitution ob-
ligations by performing services for a period of days determined by the
court on the basis of ability to pay, standard of living, support obligations
and other factors;

      (12) make reparation or restitution to the aggrieved party for the
damage or loss caused by the defendant's crime, in an amount and man-
ner determined by the court and to the person specified by the court; or

      (13) reimburse the city, in accordance with any order made under
subsection (f), for all or a part of the reasonable expenditures by the city
to provide counsel and other defense services to the defendant.

      (f) In addition to or in lieu of any other sentence authorized by law,
whenever a person is found guilty of the violation of an ordinance the
judge may order such person to reimburse the city for all or a part of the
reasonable expenditures by the city to provide counsel and other defense
services to the defendant. In determining the amount and method of
payment of such sum, the court shall take account of the financial re-
sources of the defendant and the nature of the burden that payment of
such sum will impose. A defendant who has been required to pay such
sum and who is not willfully in default in the payment thereof may at any
time petition the court which sentenced the defendant to waive payment
of such sum or of any unpaid portion thereof. If it appears to the satis-
faction of the court that payment of the amount due will impose manifest
hardship on the defendant or the defendant's immediate family, the court
may waive payment of all or part of the amount due or modify the method
of payment.

      Sec.  3. K.S.A. 19-204a is hereby amended to read as follows: 19-
204a. (a) When the voters of a county approve a change in the number
of county commissioner districts at an election held under K.S.A. 19-204,
and amendments thereto, the board of county commissioners, on or be-
fore January 1 immediately following such election, shall adopt a reso-
lution dividing the county into the number of districts approved by the
voters. If the board of county commissioners fails to adopt such resolution
within the time prescribed, the administrative chief judge of the district
court of the county, on or before the following January 31, shall order
the county divided into the appropriate number of districts.

      Sec.  4. K.S.A. 19-15,123 is hereby amended to read as follows: 19-
15,123. The board of county commissioners of any county in this state
having a population of more than three hundred thousand (300,000)
300,000 may provide additional courtrooms, offices and other facilities as
are required by the district court judge to carry out probate and juvenile
matters. Said The quarters and facilities shall be constructed and fur-
nished in available space of the courthouse. The said board of county
commissioners is hereby authorized to issue no-fund warrants or general
obligation bonds for the purpose of paying all costs incurred in providing
additional quarters and facilities. Before such warrants shall be issued the
board of county commissioners shall have received from the administra-
tive chief judge of the district court a resolution certifying to the necessity
of additional quarters. Such no-fund warrants shall be issued in the man-
ner and form, bear interest and be redeemed as prescribed by K.S.A. 79-
2940 and amendments thereto, except that they warrants may be issued
without approval of the state board of tax appeals, and without the no-
tation required by said section K.S.A. 79-2940 and amendments thereto.
The board of county commissioners shall make a tax levy at the first tax
levying period after such warrants are issued, sufficient to pay such war-
rants and the interest thereon. In lieu of making only one tax levy, the
board of county commissioners may, if it deems it advisable, make a tax
levy each year for not to exceed five (5) years in approximately equal
installments for the purpose of paying said the warrants and the interest
thereon. All such tax levies shall be in addition to all other levies author-
ized or limited by law and shall not be subject to or within the aggregate
tax levy limitation prescribed by article 19 of chapter 79 of the Kansas
Statutes Annotated and acts amendatory thereof amendments thereto.
None of the provisions of the state budget law shall apply to any expend-
iture which has been provided for by the issuance of warrants under this
act. General obligation bonds issued under the authority of this act shall
be issued in the manner prescribed by the general bond law but shall not
be subject to or within any bonded debt limitation prescribed by any other
law of this state and shall not be considered or included in applying any
other law limiting bonded indebtedness.

      Sec.  5. K.S.A. 19-4705 is hereby amended to read as follows: 19-
4705. Any action brought in accordance with the code shall be presided
over by a district court judge designated by the administrative chief judge
of the district court presiding in the county or a judge pro tem who shall
be appointed by and serve at the pleasure of the administrative chief judge
of the district court presiding in the county, in accordance with the pro-
visions of subsection (e) of K.S.A. 20-310a and amendments thereto. If a
judge pro tem presides over such action, such judge pro tem shall receive
a salary and other compensation set by resolution of the board of county
commissioners and paid from the revenues of the county general fund or
other fund established for the purpose of financing the costs of enforce-
ment and prosecution of violations of county codes and resolutions pur-
suant to the code. If a district court judge presides over such action, such
district court judge shall not be entitled to any additional compensation
or expense payments.

      Sec.  6. K.S.A. 19-4737 is hereby amended to read as follows: 19-
4737. (a) An appeal may be taken from any judgment under the code for
the enforcement of county codes and resolutions. All appeals shall be by
notice of appeal specifying the party or parties taking the appeal and the
order, ruling, decision or judgment complained of and shall be filed with
the clerk of the district court within 10 days after entry of judgment. All
appeals shall be tried and determined de novo before a district judge,
other than the judge from which the appeal is taken. The provisions of
K.S.A. 60-2001 and 61-1716, and amendments thereto, shall be applicable
to actions appealed pursuant to this subsection. The appealing party shall
cause notice of the appeal to be served upon all other parties to the action
in accordance with the provisions of K.S.A. 60-205 and amendments
thereto. An appeal shall be perfected upon the filing of the notice of
appeal. When the appeal is perfected, the clerk of the court or the judge
from which the appeal is taken shall refer the case to the administrative
chief judge for assignment in accordance with this section. All proceedings
for the enforcement of any judgment under the code for the enforcement
of county codes and resolutions shall be stayed during the time within
which an appeal may be taken and during the pendency of an appeal,
without the necessity of the appellant filing a supersedeas bond.

      (b) Any order, ruling, decision or judgment rendered by a district
judge on an appeal taken pursuant to subsection (a) may be appealed in
the manner provided in article 21 of chapter 60 of the Kansas Statutes
Annotated.

      Sec.  7. K.S.A. 19-4809 is hereby amended to read as follows: 19-
4809. (a) If a local fund is created pursuant to this act, the administrative
chief judge of the judicial district within which the county exists shall
create a payments docket to monitor the payment of criminal restitution
in criminal convictions ordered by judges in the district court in such
county. Such restitution orders shall comply with administrative order No.
41 of the supreme court of Kansas. The administrative chief judge may
assign a judge or judges of the court to administer the payments docket.
Such assigned judge may be a district judge, a district magistrate judge,
or a judge pro tem. The assigned judge shall call the docket and review
cases placed on such payments docket at least quarterly. Such assigned
judge shall insure that required staff is monitoring the timely payment of
reparation or restitution ordered, and take such action as is necessary to
insure payment as allowed in administrative order No. 41 of the supreme
court of Kansas.

      (b) For good cause shown, if an offender is delinquent in payment
of restitution, fines or court costs, the assigned judge may decrease the
amount of restitution required to be paid.

      (c) In determining the appropriate amount of restitution to be
awarded in such a hearing or other steps the court may take to insure
restitution is paid promptly, the court shall determine:

      (1) The amount of money appropriate for full restitution to victims
and interested collateral sources;

      (2) whether the offender can pay by means other than cash;

      (3) whether collateral, guarantors or other forms of copayment should
be authorized;

      (4) the delinquent offender's means to pay in full;

      (5) the delinquent offender's means were adequately assessed in de-
termining the original restitution award;

      (6) the risk the offender poses for nonpayment of restitution; and

      (7) the victim's desires concerning restitution payments.

      Sec.  8. K.S.A. 19-4810 is hereby amended to read as follows: 19-
4810. The county or district attorney in any county where a local fund is
created shall appoint a property crime compensation coordinator. The
costs of such employee shall be paid by the county in a manner decided
by the county commission. If more than one county contained within a
judicial district desires to appoint a property crime compensation coor-
dinator, the commissions may agree through an interlocal agreement pur-
suant to K.S.A. 12-2901 et seq. and amendments thereto that one or more
of such appointees may serve multiple counties.

      The property crime compensation coordinator shall provide each vic-
tim who files a claim under this act the following information:

      (a) Assistance in filling out applications for assistance;

      (b) make preliminary investigations of such claim to insure a loss oc-
curred;

      (c) if the crime includes a personal injury, assist the victim in making
a claim with the state crime victims compensation board;

      (d) insure that prior to a sentencing hearing the county or district
attorney has information sufficient to recommend an appropriate amount
of restitution for the victim or other party which has suffered loss because
of the commission of such crime;

      (e) notify the local board whether the victim has cooperated fully with
law enforcement agencies in prosecuting the crime;

      (f) determine and recommend whether the victim desires to receive
a lump-sum payment from the local board in lieu of restitution or desires
full restitution paid directly by the criminal;

      (g) work with court services and probation officers to track restitution
payments ordered, and if a delinquency develops, to place such case on
the payments docket for review;

      (h) coordinate with court service officers or parole officers to insure
offenders who are making restitution payments adhere to a payment plan;

      (i) coordinate meetings of the local board or boards;

      (j) recommend an amount of money to be paid by such local board
or boards as compensation for each claim; and

      (k) make annual reports on the progress of the program to the ad-
ministrative chief judge with recommendations for improving the pro-
gram.

      Sec.  9. K.S.A. 19-4811 is hereby amended to read as follows: 19-
4811. The administrative chief judge shall, annually, cause to be compiled
a report of the property crime compensation fund or funds existing within
such judicial district and forward such report to the office of judicial
administration by the first day of December of the year beginning the
next full year after implementation of such local program. The office of
judicial administration shall compile such reports submitted by adminis-
trative chief judges, and send a composite report annually to the governor
and the state legislature.

      Sec.  10. K.S.A. 20-158 is hereby amended to read as follows: 20-158.
The chief justice of the supreme court shall be responsible for the prep-
aration of the budget for the judicial branch of state government, with
such assistance as the chief justice may require from the judicial admin-
istrator, the chief judge of the court of appeals and the administrative
chief judge of each judicial district. Each district court and the court of
appeals shall submit their budget requests to the chief justice in such
form and at such time as the chief justice may require. The chief justice
shall submit to the director of the budget the annual budget request for
the judicial branch of state government for inclusion in the annual budget
document for appropriations for the judiciary. Such budget shall be pre-
pared and submitted in the manner provided by K.S.A. 75-3716 and 75-
3717 and amendments thereto. Such budget shall include the request for
expenditures for retired justices and judges performing judicial services
or duties under K.S.A. 20-2616 and amendments thereto as a separate
item therein. The director of the budget shall review and may make such
recommendations to the legislature for proposed changes in such budget
as the director deems necessary and appropriate.

      Sec.  11. K.S.A. 1998 Supp. 20-159 is hereby amended to read as
follows: 20-159. The supreme court may provide for and authorize any
administrative chief judge of a judicial district, to photograph, micropho-
tograph or otherwise reproduce or to have photographed, microphoto-
graphed or otherwise reproduced any of the court records, papers or
documents which are by law placed in the courts of that judicial district
and to acquire necessary facilities and equipment and to acquire, maintain
and use all such appropriate containers, files and other methods as shall
be necessary to accommodate and preserve the photographs, micropho-
tographs, films or as otherwise reproduced. The photographing, micro-
photographing, filming or otherwise reproducing may be so authorized
for the reproducing of court records, where to do so will promote effi-
ciency in the office, or as a method of preserving old or worn records,
papers or documents. The photographic films and prints or reproductions
therefrom, shall comply with federal standard no. 125a, dated April 24,
1958, or the latest revision thereof, issued pursuant to the federal prop-
erty and administrative services act of 1949, and any amendments thereto.
The device used to reproduce such records on for any type of storage
shall be one which accurately reproduces the original thereof in all details.
The court may use reproduction methods which include the digital stor-
age and retrieval of official court records.

      Sec.  12. K.S.A. 20-163 is hereby amended to read as follows: 20-163.
(a) The official station of each justice of the supreme court and judge of
the court of appeals shall be the county seat of the county where the
justice or judge maintains an actual abode in which the justice or judge
customarily lives.

      (b) The administrative chief judge of the judicial district in which a
justice of the supreme court or judge of the court of appeals has the
justice's or judge's official station, shall provide suitable office space upon
request by the justice or judge for use by the justice or judge and the
justice's or judge's staff personnel. Such office space shall be in or adja-
cent to the district court courtrooms and offices at the official station of
the justice or judge. Notwithstanding the foregoing provisions, no office
space shall be provided by the administrative chief judge of the third
judicial district.

      (c) Each justice of the supreme court and judge of the court of ap-
peals, upon appointment and from time to time thereafter as changes
occur, shall notify the judicial administrator in writing of the justice's or
judge's official station, if other than the city of Topeka.

      (d) Notwithstanding the other provisions of this section, all mileage
and other allowances for official travel for justices of the supreme court
and judges of the court of appeals shall be determined from Topeka,
Kansas.

      Sec.  13. K.S.A. 1998 Supp. 20-302b is hereby amended to read as
follows: 20-302b. (a) A district magistrate judge shall have the jurisdiction,
power and duty, in any case in which a violation of the laws of the state
is charged, to conduct the trial of traffic infractions, cigarette or tobacco
infractions or misdemeanor charges and the preliminary examination of
felony charges. In civil cases, a district magistrate judge shall have con-
current jurisdiction, powers and duties with a district judge, except that,
unless otherwise specifically provided in subsection (b), a district magis-
trate judge shall not have jurisdiction or cognizance over the following
actions:

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

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

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

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

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

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

      Sec.  14. K.S.A. 20-310a is hereby amended to read as follows: 20-
310a. (a) Upon the application of the administrative chief judge of a ju-
dicial district to the departmental justice of that district, for good cause
shown, or in the absence, sickness or disability of a district judge or district
magistrate judge in any judicial district, a judge pro tem may be appointed
whenever the departmental justice for such judicial district has not as-
signed a district judge from another judicial district, as provided in K.S.A.
20-319, and amendments thereto.

      (b) Any judge pro tem appointed pursuant to this section shall be a
regularly admitted member of the bar of this state. The appointment of
any such judge pro tem shall be made by the administrative chief judge
or, in the absence of the administrative chief judge, by the departmental
justice for the judicial district.

      (c) Any judge pro tem appointed pursuant to this section shall have
the full power and authority of a district judge with respect to any actions
or proceedings before such judge pro tem, except that any judge pro tem
appointed pursuant to subsection (d) or (e) shall have only such power
and authority as provided therein. A judge pro tem shall receive such
compensation as is prescribed by the district court, subject to the budget
limitations of such district court.

      (d) Subject to the budget limitations of the district court, the admin-
istrative chief judge of any judicial district may appoint one or more judges
pro tem for the limited purpose of hearing the original trials of actions
filed pursuant to the small claims procedures act or other action within
the jurisdiction of a district magistrate judge as provided in K.S.A. 20-
302b, and amendments thereto. Any such judge pro tem shall have only
such judicial power and authority as is necessary to hear such actions.
Any party aggrieved by any order of a judge pro tem under this subsection
may appeal such order and such appeal shall be heard by a district judge
de novo. If the appeal is a small claims action, the appeal shall be under
K.S.A. 61-2709, and amendments thereto. If the appeal is an action within
the jurisdiction of a district magistrate judge, the appeal shall be under
K.S.A. 20-302b, and amendments thereto.

      (e) Subject to the budget limitations of the district court, the admin-
istrative chief judge of any judicial district in which the board of county
commissioners is authorized to use the code for the enforcement of
county codes and resolutions as provided in subsection (b) of K.S.A. 19-
101d, and amendments thereto, may appoint one or more judges pro tem
for the limited purpose of hearing such cases. Any such judge pro tem
shall have only such power and authority as is necessary to hear such
actions, and shall have the power to compel appearances before the court,
to hold persons in contempt for failure to appear, and to issue bench
warrants for appearances. Such judge pro tem shall receive the salary and
other compensation set by resolution of the board of county commission-
ers which shall be paid from the revenues of the county general fund or
other fund established for the purpose of financing code enforcement.

      (f) The administrative chief judge of each judicial district shall report
to the judicial administrator of the courts: (1) The dates on which any
judge pro tem served in such district, (2) the compensation paid to any
judge pro tem, and (3) such other information as the judicial administrator
may request with regard to the appointment of judges pro tem. The re-
ports shall be submitted annually on or before January 15 on forms pro-
vided by the judicial administrator.

      Sec.  15. K.S.A. 20-311d is hereby amended to read as follows: 20-
311d. (a) If a party or a party's attorney believes that the judge to whom
an action is assigned cannot afford that party a fair trial in the action, the
party or attorney may file a motion for change of judge. The motion shall
not state the grounds for the party's or attorney's belief. The judge shall
promptly hear the motion informally upon reasonable notice to all parties
who have appeared in the case. If the judge disqualifies the judge's self,
the action shall be assigned to another judge by the administrative chief
judge. If the judge refuses to disqualify the judge's self, the party seeking
a change of judge may file the affidavit provided for in subsection (b). If
an affidavit is to be filed it shall be filed forthwith immediately.

      (b) If a party or a party's attorney files an affidavit alleging any of the
grounds specified in subsection (c), the administrative chief judge shall
at once determine, or refer the affidavit to another district judge for
prompt determination of, the legal sufficiency of the affidavit. If the af-
fidavit is filed in a district court in which there is no other judge who is
qualified to hear the matter, the administrative chief judge shall at once

notify the departmental justice for the district and request the appoint-
ment of another district judge to determine the legal sufficiency of the
affidavit. If the affidavit is found to be legally sufficient, the case shall be
assigned to another judge.

      (c) Grounds which may be alleged as provided in subsection (b) for
change of judge are that:

      (1) The judge has been engaged as counsel in the action prior to the
appointment or election as judge.

      (2) The judge is otherwise interested in the action.

      (3) The judge is related to either party to the action.

      (4) The judge is a material witness in the action.

      (5) The party or the party's attorney filing the affidavit has cause to
believe and does believe that on account of the personal bias, prejudice
or interest of the judge such party cannot obtain a fair and impartial trial
or fair and impartial enforcement of post-judgment remedies. Such affi-
davit shall state the facts and the reasons for the belief that bias, prejudice
or an interest exists.

      (d) In any affidavit filed pursuant to this section, the recital of pre-
vious rulings or decisions by the judge on legal issues or concerning the
legal sufficiency of any prior affidavits filed by counsel for a party in any
judicial proceeding, or filed by such counsel's law firm, pursuant to this
section, shall not be deemed legally sufficient for any belief that bias or
prejudice exists.

      Sec.  16. K.S.A. 20-319 is hereby amended to read as follows: 20-319.
(a) A justice assigned to each department shall:

      (1) With the help and assistance of the judicial administrator, make
a survey of the conditions of the dockets and business of the district courts
in the justice's department and make a report and recommendations on
the conditions and business to the chief justice.

      (2) Assemble the judges of the district courts within the justice's de-
partment, at least annually, to discuss such recommendations and other
business as will benefit the judiciary of the state. When so summoned,
the judges of the district courts in the various departments shall attend
such conferences at the expense of the state. Such judges shall be entitled
to their actual and necessary expenses while attending such conferences
and shall be required to attend the conferences unless excused by the
departmental justice for good cause.

      (b) Departmental justices shall have authority within their depart-
ments to assign any district judge or district magistrate judge to hear any
proceeding or try any cause, within the judge's jurisdiction, in other dis-
trict courts. Any departmental justice may request the assistance of any
district judge or district magistrate judge from another department.

      (c) The departmental justices shall supervise all administrative mat-
ters relating to the district courts within their departments and require
reports periodically, covering such matters and in such form as the su-
preme court may determine, on any such matter which will aid in pro-
moting the efficiency or the speedy determination of causes now pending.
Departmental justices shall have the power to examine the dockets, re-
cords and proceedings of any courts under their supervision. All judges
and clerks of the several courts of the state shall promptly make such
reports and furnish the information requested by any departmental justice
or the judicial administrator, in the manner and form prescribed by the
supreme court.

      In order to properly advise the three branches of government on the
operation of the juvenile justice system, each district court shall furnish
the judicial administrator such information regarding juveniles coming to
the attention of the court pursuant to the Kansas code for care of children
as is determined necessary by the secretary of social and rehabilitation
services and the director of the statistical analysis center of the Kansas
bureau of investigation, on forms approved by the judicial administrator.
Such information shall be confidential and shall not be disseminated or
publicly disclosed in a manner which enables identification of any indi-
vidual who is a subject of the information.

      The departmental justice shall assign to each administrative chief judge
in the justice's department such duties as are necessary to carry out the
intent of just, speedy and inexpensive litigation for the litigants of the
state.

      Sec.  17. K.S.A. 20-329 is hereby amended to read as follows: 20-329.
In every judicial district, the supreme court shall designate a district judge
as administrative chief judge who shall have general control over the as-
signment of cases within the district, subject to supervision by the su-
preme court. Within guidelines established by statute, rule of the su-
preme court or the district court, the administrative chief judge of each
district court shall be responsible for and have general supervisory au-
thority over the clerical and administrative functions of such court.

      Sec.  18. K.S.A. 20-335 is hereby amended to read as follows: 20-335.
(a) On January 10, 1977, the following courts of limited jurisdiction shall
be and are hereby abolished:

      (1) County courts established pursuant to K.S.A. 20-802 or 20-802a;

      (2) city courts established pursuant to K.S.A. 20-1424, 20-1424a, 20-
1501, 20-1601 or 20-2403;

      (3) magistrate courts established pursuant to K.S.A. 20-1801, 20-
1901, 20-2501, 20-2521 or 20-2541;

      (4) courts of common pleas established pursuant to K.S.A. 1975
Supp. 20-2001;

      (5) juvenile courts established pursuant to K.S.A. 38-803; and

      (6) probate courts established pursuant to section 8 of article 3 of the
Kansas constitution, prior to the revision of said such article in 1972.

      (b) On January 10, 1977, the judge or judges of each of the courts
designated in subsection (a) shall transfer all books, records, papers, files,
dockets and documents of such court to the district court of the county
in which such court is located, and such books, records, papers, files,
dockets and documents shall become the property of said district court.
All actions and proceedings commenced in any court designated in sub-
section (a) prior to January 10, 1977, including all pleadings, motions,
orders, judgments and other papers therein, shall become actions and
proceedings of the district court of the county in which such court is
located. Any judgment of a court designated in subsection (a) shall not
become a lien on real property by virtue of the transfer of documents
pursuant to this subsection unless the court rendering such judgment was
a court of record immediately prior to January 10, 1977. Nothing herein
shall preclude a party in whose favor a judgment is rendered by a court
designated in subsection (a) from filing a transcript of such judgment with
the clerk of the district court in the manner provided in K.S.A. 60-2202,
and any amendments thereto, and in such event such judgment shall
become a lien on real property as provided in K.S.A. 60-2202, and any
amendments thereto.

      (c) Any person who was elected at the general election of 1974 for a
four-year term of office as an officer, other than a judge, of a court spec-
ified in subsection (a), which office is abolished by this act on January 10,
1977, shall become an employee of the district court and shall have such
duties as may be prescribed by the administrative chief judge thereof and
shall receive compensation which is not less than that prescribed for such
office until January 10, 1979.

      Sec.  19. K.S.A. 20-343 is hereby amended to read as follows: 20-343.
The administrative chief judge, with the approval of a majority of the
other district judges of the judicial district, shall appoint a clerk of the
district court in each county within such district. The administrative chief
judge, with the approval of a majority of the other district judges of the
judicial district, shall designate one of such clerks as the chief clerk of the
district court of such judicial district, except that a chief clerk is not re-
quired to be designated in a judicial district which is authorized to have
a court administrator pursuant to the personnel plan of the supreme
court. The clerks of the district court and deputies, assistants and other
clerical personnel shall have such qualifications as are prescribed for the
offices by statute, rule of the district court and rule of the supreme court.
Such clerks, deputies, assistants and other personnel shall have such pow-
ers, duties and functions as are prescribed by law, prescribed by rules of
the supreme court or assigned by the administrative chief judge.

      Sec.  20. K.S.A. 20-345 is hereby amended to read as follows: 20-345.
Within staffing limits prescribed by the supreme court and appropriations
therefor, the administrative chief judge of each judicial district, with the
approval of a majority of the other district judges of such judicial district,
shall appoint such bailiffs, court reporters, secretaries, court services of-
ficers and other clerical and nonjudicial personnel as necessary to perform
the judicial and administrative functions of the district court. Persons
appointed pursuant to this section shall have qualifications prescribed by
law or rule of the supreme court. Except as otherwise provided by law,
such persons shall receive compensation prescribed by the judicial per-
sonnel classification system. Such persons shall perform the duties and
functions prescribed by law, designated in the personnel classification
system or assigned by the administrative chief judge, subject to rule of
the supreme court. Personnel whose salary is payable by counties shall
receive compensation in the amounts provided in the district court budget
approved by the board of county commissioners. Whenever any person
is employed or assigned to work under direct supervision of any judge or
in a division of court in which a judge presides, the employment or as-
signment of the person shall be subject to the approval of that judge.

      Sec.  21. K.S.A. 20-347 is hereby amended to read as follows: 20-347.
From and after January 10, 1977, The administrative chief judge in each
judicial district, with the approval of the supreme court, may provide for
holding court in locations within such judicial district, other than in the
courthouses of the several counties within such district, whenever suitable
facilities are available therefor for such purpose.

      Sec.  22. K.S.A. 20-349 is hereby amended to read as follows: 20-349.
The administrative chief judge in each judicial district shall be responsible
for the preparation of the budget to be submitted to the board of county
commissioners of each county. The board of county commissioners shall
then have final authority to determine and approve the budget for district
court operations payable by their county. The judicial administrator of
the courts shall prescribe the form upon which such budgets shall be
submitted. The budget shall include all expenditures payable by the
county for operations of the district court in such county. A separate
budget shall be prepared for each county within the district and the judges
of the district court shall approve the budget for the county in which such
judges are regularly assigned prior to submission of such budget to the
board of county commissioners. The compensation to be paid to district
court personnel excluded from the judicial personnel classification system
pursuant to subsection (b) of K.S.A. 20-162, and amendments thereto,
shall be listed in the budget as a separate item for each job position. After
the amount of such district court budget is established, the expenditures
under such budget, other than expenditures for job positions contained
in the budget, shall be under the control and supervision of the admin-
istrative chief judge, subject to supreme court rules relating thereto, and
the board of county commissioners shall approve all claims submitted by
the administrative chief judge within the limits of such district court
budget. No board of county commissioners shall decrease such budget
for district court operations to a level below the amount of the 1978
calendar year budget approved by the board of county commissioners less
the amount of compensation and fringe benefits provided in such budget
for judges and other personnel positions which are assumed by the state
pursuant to this act. The financial affairs of the district court in each
county including, but not limited to, nonexpendable trust funds, law li-
brary funds and court trustee operations shall be subject to audit pursuant
to the provisions of K.S.A. 75-1122, and amendments thereto, as part of
the annual county audit. Reports of fiscal or managerial discrepancies or
noncompliance with applicable law shall be made to the judicial admin-
istrator of the courts as well as the board of county commissioners.

      Sec.  23. K.S.A. 1998 Supp. 20-350 is hereby amended to read as
follows: 20-350. (a) Except for fines and penalties authorized to be paid
to counties pursuant to K.S.A. 19-101e and amendments thereto, and
subsection (b), and amendments thereto, all moneys received by the clerk
of the district court from the payment of fines, penalties and forfeitures
shall be remitted to the state treasurer, in the manner provided by K.S.A.
20-2801 and amendments thereto, and the state treasurer shall deposit
the same in the state treasury to the credit of the state general fund,
except as provided in K.S.A. 74-7336, and amendments thereto.

      (b) Except as provided by K.S.A. 1998 Supp. 20-368 and amendments
thereto, all moneys received by the clerk of the district court from the
payment of bail forfeitures shall be remitted to the state treasurer at least
monthly. The state treasurer shall deposit the same in the state treasury
and shall credit equal portions of such remittance to the indigents' de-
fense services fund and the state general fund.

      (c) The administrative chief judge may invest any moneys on deposit
in the district court account if the moneys are not immediately required
for the purposes for which they were collected or received. Such moneys
may be invested in: (1) Time deposits, open account or certificates of
deposit, for periods not to exceed six months, or savings deposits, in com-
mercial banks located in the county, except that amounts invested which
are not insured by the United States government shall be secured in the
manner and amounts provided by K.S.A. 9-1402 and amendments
thereto; (2) United States treasury bills or notes with maturities not to
exceed six months; or (3) savings and loan associations located in the
county. No investment of more than the amount insured by the federal
deposit insurance corporation shall be made in any one savings and loan
association. Interest received from the investment of moneys pursuant to
this subsection shall be paid to the state treasurer in the manner provided
by K.S.A. 20-2801 and amendments thereto, and the state treasurer shall
deposit the same in the state treasury to the credit of the state general
fund.

      (d) Upon application of a party to an action in which such party claims
ownership of moneys held by the district court, the administrative chief
judge may invest such moneys in the same manner as provided by sub-
section (c). Interest received from the investment of moneys pursuant to
this subsection shall become the property of the person found to be the
owner of the moneys.

      Sec.  24. K.S.A. 20-357 is hereby amended to read as follows: 20-357.
Within the limits of the district court budget, any administrative chief
judge of a judicial district may purchase, lease or acquire the equipment
and facilities necessary to carry out the purposes and intent of K.S.A. 20-
159 and amendments thereto and by contract and agreement arrange for
the use thereof, and may employ personnel necessary to operate the
equipment and facilities.

      Sec.  25. K.S.A. 20-365 is hereby amended to read as follows: 20-365.
Records and judicial proceedings requiring the attestation of the clerk of
the district court may, upon order of the administrative chief judge of
such court, be authenticated by the clerk by the use of a facsimile sig-
nature in lieu of the clerk's manual signature. The facsimile signature
shall be a reproduction by engraving, imprinting, stamping or other means
of the manual signature of the clerk. The clerk shall file with the secretary
of state such clerk's manual signature and facsimile signature certified by
such clerk under oath. Upon compliance with these provisions by the
clerk, such clerk's facsimile signature has the same legal effect as such
clerk's manual signature.

      Sec.  26. K.S.A. 20-438 is hereby amended to read as follows: 20-438.
From and after January 10, 1977, Whenever the judges of the district
court deem it necessary for the efficient and effective administration of
justice, and with approval of the supreme court, such judges may establish
specialized divisions of such district court. Such divisions may be estab-
lished for, but not limited to, the following purposes: Probate matters,
traffic cases, juvenile matters, domestic cases or any combination thereof.
The administrative chief judge, with the approval of the other judges of
the district court, shall provide for the assignment and reassignment of
judges to any specialized division established hereunder as provided in
this section, and the administrative chief judge shall provide for the as-
signment of cases to any such division. The administrative chief judge also
may assign a clerk of the district court, or an assistant or deputy district
court clerk, to any such division to serve as chief clerk of such division.
Such other personnel of the district court as are necessary for the oper-
ation thereof may be assigned to any such specialized division by the
administrative chief judge.

      Sec.  27. K.S.A. 20-3013 is hereby amended to read as follows: 20-
3013. The court of appeals shall sit and maintain its principal offices in
the city of Topeka, and it shall be the duty of the secretary of adminis-
tration to provide a courtroom and other suitable quarters in Topeka for
the use of the court of appeals and its staff. However, any hearing panel
of the court of appeals may hold court in the courthouse of any county
for the purpose of hearing oral arguments in cases before such court.
When a panel of the court of appeals sits in any location other than in
Topeka, the administrative chief judge of the judicial district in which the
panel is sitting shall assign a courtroom to the hearing panel for its use
while sitting, shall provide suitable office space for use by the members
of the panel and shall provide such other personnel as may be needed by
the panel.

      Sec.  28. K.S.A. 1998 Supp. 21-4502 is hereby amended to read as
follows: 21-4502. (1) For the purpose of sentencing, the following classes
of misdemeanors and the punishment and the terms of confinement au-
thorized for each class are established:

      (a) Class A, the sentence for which shall be a definite term of con-
finement in the county jail which shall be fixed by the court and shall not
exceed one year.

      (b) Class B, the sentence for which shall be a definite term of con-
finement in the county jail which shall be fixed by the court and shall not
exceed six months.

      (c) Class C, the sentence for which shall be a definite term of con-
finement in the county jail which shall be fixed by the court and shall not
exceed one month.

      (d) Unclassified misdemeanors, which shall include all crimes de-
clared to be misdemeanors without specification as to class, the sentence
for which shall be in accordance with the sentence specified in the statute
that defines the crime; if no penalty is provided in such law, the sentence
shall be the same penalty as provided herein for a class C misdemeanor.

      (2) Upon conviction of a misdemeanor, a person may be punished by
a fine, as provided in K.S.A. 21-4503 and amendments thereto, instead
of or in addition to confinement, as provided in this section.

      (3) In addition to or in lieu of any other sentence authorized by law,
whenever there is evidence that the act constituting the misdemeanor
was substantially related to the possession, use or ingestion of cereal malt
beverage or alcoholic liquor by such person, the court may order such
person to attend and satisfactorily complete an alcohol or drug education
or training program certified by the administrative chief judge of the
judicial district or licensed by the secretary of social and rehabilitation
services.

      (4) Except as provided in subsection (5), in addition to or in lieu of
any other sentence authorized by law, whenever a person is convicted of
having committed, while under 21 years of age, a misdemeanor under
the uniform controlled substances act (K.S.A. 65-4101 et seq. and amend-
ments thereto), K.S.A. 41-719, 41-727, 65-4152, 65-4153, 65-4154 or 65-
4155 or K.S.A. 1997 1998 Supp. 8-1599, and amendments thereto, the
court shall order such person to submit to and complete an alcohol and
drug evaluation by a community-based alcohol and drug safety action
program certified pursuant to K.S.A. 8-1008 and amendments thereto
and to pay a fee not to exceed the fee established by that statute for such
evaluation. If the court finds that the person is indigent, the fee may be
waived.

      (5) If the person is 18 or more years of age but less than 21 years of
age and is convicted of a violation of K.S.A. 41-727, and amendments
thereto, involving cereal malt beverage, the provisions of subsection (4)
are permissive and not mandatory.

      Sec.  29. K.S.A. 22-2804 is hereby amended to read as follows: 22-
2804. (1) A person who has been convicted of a crime and is either await-
ing sentence or has filed a notice of appeal may be released by the district
court under the conditions provided in K.S.A. 22-2802 and amendments
thereto if the court or judge finds that the conditions of release will rea-
sonably assure that the person will not flee or pose a danger to any other
person or to the community.

      (2) A person who has been convicted of a crime and has filed a notice
of appeal to the supreme court or court of appeals shall make application
to be released to the court whose judgment is appealed from or to a judge
thereof. If an application to such court or judge has been made and de-
nied or action on the application did not afford the relief sought by the
applicant, the applicant may make an application for release to the ap-
pellate court. An application to the appellate court or a justice or judge
thereof shall state the disposition of the application made by the district
court or judge. Any application made under this subsection shall be heard
after reasonable notice to the prosecuting attorney. Such notice shall be
given not less than one day prior to the hearing. Any appearance bond
which may be required under this subsection shall be filed in the court
from which the appeal was taken.

      (3) A person who has been convicted of a crime before a district
magistrate judge may, upon taking an appeal to a district judge, apply to
be released as provided herein. If the application is made before the case
has been referred to the administrative chief judge for assignment, the
conditions of release shall be determined by the district magistrate judge
from whom the appeal is taken. If the application is made thereafter, the
administrative chief judge or the district judge to whom the case has been
assigned shall determine the conditions of release. Any appearance bond
which may be required under this subsection shall be deposited in the
court where it is fixed.

      Sec.  30. K.S.A. 22-2807 is hereby amended to read as follows: 22-
2807. (1) If there is a breach of condition of an appearance bond, the
court in which the bond is deposited shall declare a forfeiture of the bail.

      (2) The court may direct that a forfeiture be set aside, upon such
conditions as the court may impose, if it appears that justice does not
require the enforcement of the forfeiture.

      (3) When a forfeiture has not been set aside, the court shall on motion
enter a judgment of default and execution may issue thereon. If the for-
feiture has been decreed by a district magistrate judge and the amount
of the bond exceeds the limits of the civil jurisdiction prescribed by law
for a district magistrate judge, the judge shall notify the administrative
chief judge in writing of the forfeiture and the matter shall be assigned
to a district judge who, on motion, shall enter a judgment of default. By
entering into a bond the obligors submit to the jurisdiction of any court
having power to enter judgment upon default and irrevocably appoint the
clerk of that court as their agent upon whom any papers affecting their
liability may be served. Their liability may be enforced on motion without
the necessity of an independent action. The motion and notice thereof
may be served on the clerk of the court, who shall forthwith mail copies
to the obligors to their last known addresses. No default judgment shall
be entered against the obligor in an appearance bond until more than 10
days after notice is served as provided herein.

      (4) After entry of such judgment, the court may remit it in whole or
in part under the conditions applying to the setting aside of forfeiture in
subsection (2).

      Sec.  31. K.S.A. 22-3101 is hereby amended to read as follows: 22-
3101. (1) If the attorney general, an assistant attorney general, the county
attorney or the district attorney of any county is informed or has knowl-
edge of any alleged violation of the laws of Kansas, such person may apply
to a district judge to conduct an inquisition. An application for an inqui-
sition shall be in writing, verified under oath, setting forth the alleged
violation of law. Upon the filing of the application, the judge with whom
it is filed, on the written praecipe of such attorney, shall issue a subpoena
for the witnesses named in such praecipe commanding them to appear
and testify concerning the matters under investigation. Such subpoenas
shall be served and returned as subpoenas for witnesses in criminal cases
in the district court.

      (2) If the attorney general, assistant attorney general, county attorney
or district attorney, or in the absence of the county or district attorney a
designated assistant county or district attorney, is informed or has knowl-
edge of any alleged violation in this state pertaining to gambling, intoxi-
cating liquors, criminal syndicalism, racketeering, bribery, tampering with
a sports contest, narcotic or dangerous drugs or any violation of any law
where the accused is a fugitive from justice, such attorney shall be au-
thorized to issue subpoenas for such persons as such attorney has any
reason to believe or has any information relating thereto or knowledge
thereof, to appear before such attorney at a time and place to be desig-
nated in the subpoena and testify concerning any such violation. For such
purposes, any prosecuting attorney shall be authorized to administer
oaths. If an assistant county or district attorney is designated by the county
or district attorney for the purposes of this subsection, such designation
shall be filed with the administrative chief judge of such judicial district.

      (3) Each witness shall be sworn to make true answers to all questions
propounded to such witness touching the matters under investigation.
The testimony of each witness shall be reduced to writing and signed by
the witness. Any person who disobeys a subpoena issued for such ap-
pearance or refuses to be sworn as a witness or answer any proper ques-
tion propounded during the inquisition, may be adjudged in contempt of
court and punished by fine and imprisonment.

      Sec.  32. K.S.A. 1998 Supp. 22-3609 is hereby amended to read as
follows: 22-3609. (1) The defendant shall have the right to appeal to the
district court of the county from any judgment of a municipal court which
adjudges the defendant guilty of a violation of the ordinances of any mu-
nicipality of Kansas. The appeal shall be assigned by the administrative
chief judge to a district judge. The appeal shall stay all further proceedings
upon the judgment appealed from.

      (2) An appeal to the district court shall be taken by filing, in the
district court of the county in which the municipal court is located, a
notice of appeal and any appearance bond required by the municipal
court. Municipal court clerks are hereby authorized to accept notices of
appeal and appearance bonds under this subsection and shall forward
such notices and bonds to the district court. No appeal shall be taken
more than 10 days after the date of the judgment appealed from.

      (3) The notice of appeal shall designate the judgment or part of the
judgment appealed from. The defendant shall cause notice of the appeal
to be served upon the city attorney prosecuting the case. The judge whose
judgment is appealed from or the clerk of the court, if there is one, shall
certify the complaint and warrant to the district court of the county, but
failure to do so shall not affect the validity of the appeal.

      (4) Except as provided herein, the trial of municipal appeal 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 pro-
vided 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. A jury in a municipal appeal case shall consist of six members.
All appeals taken by a defendant from a municipal judge in cigarette or
tobacco infraction or traffic infraction cases shall be tried by the court.

      (5) Notwithstanding the other provisions of this section, appeal from
a conviction rendered pursuant to subsection (b) of K.S.A. 12-4416, and
amendments thereto, shall be conducted only on the record of the stip-
ulation of facts relating to the complaint.

      Sec.  33. K.S.A. 1998 Supp. 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 chief judge
shall be responsible 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 misdemeanor cases shall be tried by the court unless a jury trial is
requested in writing by the defendant. All appeals taken by a defendant
from a district magistrate judge in traffic infraction and cigarette or to-
bacco infraction cases shall be to the court.

      (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.  34. K.S.A. 22-3708 is hereby amended to read as follows: 22-
3708. (a) (1) The annual salary of the chairperson of the Kansas parole
board shall be an amount equal to the annual salary paid by the state to
a district judge designated as administrative chief judge; and

      (2) the annual salary of each other member of the Kansas parole
board shall be an amount which is $2,465 less than the annual salary of
the chairperson.

      (b) Members of the Kansas parole board shall be allowed all actual
travel and necessary expenses incurred while in the discharge of official
duties.

      Sec.  35. K.S.A. 22-4009 is hereby amended to read as follows: 22-
4009. (a) If a convict under sentence of death appears to be pregnant or
alleges to be pregnant, the person having custody of the convict shall
notify the secretary of corrections. The secretary shall designate one or
more licensed physicians to examine the convict to determine if the con-
vict is pregnant. If the convict is pregnant, the secretary of corrections
shall notify the administrative chief judge of the judicial district where
the conviction was rendered and the execution of the sentence of death
shall be postponed. If the convict is not pregnant, the execution shall be
carried out as previously ordered.

      (b) When the execution of a sentence of death is postponed because
of pregnancy, the judge shall wait until the child is born or the pregnancy
is otherwise terminated and then the judge shall fix the date for the ex-
ecution. At any time during the postponement of the execution, the judge
may order an examination as provided in this section to determine
whether the convict remains pregnant. The costs of each medical exam-
ination conducted pursuant to this section shall be paid by the county
where the case originated.

      Sec.  36. K.S.A. 23-494 is hereby amended to read as follows: 23-494.
The court may provide by rule adopted by the judge or judges of each of
the judicial districts of Kansas for the establishment of the office of court
trustee for the judicial district. The court trustee shall be a person licensed
to practice law in the state of Kansas and shall be appointed by and serve
at the pleasure of the administrative chief judge of the judicial district.

      Sec.  37. K.S.A. 1998 Supp. 23-496 is hereby amended to read as
follows: 23-496. (a) The court trustee shall be authorized and empowered
to pursue all civil remedies which would be available to the obligee or
obligor in establishing and enforcing payment of support or restitution.

      (b) The court trustee may also file motions for an increase or a de-
crease of the amount of support on behalf of any child. Any such motion
to modify the amount of support shall not be heard until notice has been
given to the obligee, the obligor and their attorneys of record, if any.

      (c) The court trustee shall have the following additional powers and
duties upon approval of the administrative chief judge:

      (1) To issue summonses, administrative subpoenas and subpoenas
duces tecum to obligors, obligees and other witnesses who possess knowl-
edge or books and records relating to enforcement of support or resti-
tution to appear in the office of the trustee or before the district court
for examination;

      (2) to administer oaths and take sworn testimony on the record or by
affidavit;

      (3) to appoint special process servers as required to carry out the
court trustee's responsibilities under this section;

      (4) to enter into stipulations, acknowledgments, agreements and jour-
nal entries, subject to approval of the court; and

      (5) to enter into contracts pursuant to K.S.A. 75-719, and amend-
ments thereto, with the attorney general for the collection of debts owed
to courts or restitution owed to obligees.

      Sec.  38. K.S.A. 1998 Supp. 23-497 is hereby amended to read as
follows: 23-497. (a) To defray the expenses of operation of the court
trustee's office, the court trustee is authorized to charge an amount: (1)
Whether fixed or sliding scale, based upon the scope of services provided
or upon economic criteria, not to exceed 5% of the support collected
from obligors through such office, as determined necessary by the ad-
ministrative chief judge as provided by this section; (2) based upon the
hourly cost of office operations for the provision of services on an hourly
or per service basis, with the written agreement of the obligee; or (3)
from restitution collected, not to exceed the fee authorized by the attor-
ney general under any contract entered into pursuant to K.S.A. 75-719,
and amendments thereto.

      (b) All such amounts shall be paid to the court trustee operations
fund of the county where collected. There shall be created a court trustee
operations fund in the county treasury of each county or district court of
each county, in each judicial district that establishes the office of court
trustee for the judicial district. The moneys budgeted to fund the oper-
ation of existing court trustee offices and to fund the start-up costs of new
court trustee offices established on or after January 1, 1992, whether as
a result of a rule adopted pursuant to K.S.A. 23-494, and amendments
thereto, or because this act has created a court trustee operations fund,
shall be transferred from the county general fund to the court trustee
operations fund. The county commissioners of the county or group of
counties, if the judicial district consists of more than one county, by a
majority vote, shall decide whether the county or counties will have a
court trustee operations fund in the county treasury or the district court
of each county. All expenditures from the court trustee operations fund
shall be made in accordance with the provisions of K.S.A. 23-492 et seq.
and amendments thereto to enforce duties of support. Authorized ex-
penditures from the court trustee operations fund may include repayment
of start-up costs, expansions and operations of the court trustee's office
to the county general fund. The court trustee shall be paid compensation
as determined by the administrative chief judge. The board of county
commissioners of each county to which this act may apply shall provide
suitable quarters for the office of court trustee, furnish stationery and
supplies, and such furniture and equipment as shall, in the discretion of
the administrative chief judge, be necessary for the use of the court trus-
tee. The administrative chief judge shall fix and determine the annual
budget of the office of the court trustee and shall review and determine
on an annual basis the amount necessary to be charged to defray the
expense of start-up costs, expansions and operations of the office of court
trustee. All payments made by the secretary of social and rehabilitation
services pursuant to K.S.A. 23-4,117 and amendments thereto or any
grants or other monies received which are intended to further child sup-
port enforcement goals or restitution goals shall be deposited in the court
trustee operations fund.

      Sec.  39. K.S.A. 1998 Supp. 23-498 is hereby amended to read as
follows: 23-498. (a) All expenditures provided for in this act shall be paid
as follows:

      (1) In each judicial district consisting of a single county such expend-
iture shall be paid by the board of county commissioners or administrative
chief judge from the court trustees operations fund as provided in K.S.A.
23-497 and amendments thereto.

      (2) In each judicial district consisting of more than one county which
has a single court trustee operation serving all the counties in that district,
such expenditure shall be paid by the:

      (A) Board of county commissioners of the county having the greatest
amount of support or restitution money collected by the court trustee's
office in such district from the court trustees operations fund of such
county, and such board of county commissioners shall send a statement
to the board of county commissioners of each of the other counties in
such district for a proportional amount of such annual expenditures with
such proportion to be based upon the respective amounts of support and
restitution money collected by the court trustee's office of each county
within such judicial district. Each board of county commissioners receiv-
ing a statement pursuant to this section shall make payment of the same
from the court trustees operations fund of the county; or

      (B) administrative chief judge of such judicial district. Such judge
shall pay such annual expenditures from the court trustee operations fund
in the district court of each county based upon the respective amounts
of support and restitution money collected by the court trustee's office
of each county within such judicial district. The administrative chief judge
shall promptly reimburse the county general fund for expenditures made
for salary, compensation and fringe benefits made on behalf of the court
trustee's office pursuant to K.S.A. 20-162, 20-358 and 20-359, and amend-
ments thereto.

      (3) The expenditure for a court trustee office in a multicounty district
which does not operate in all counties of the district shall be paid pro-
portionately, as in subsection (2), from the court trustee operations fund
of each county served by the court trustee.

      (b) The administrative chief judge and the board of county commis-
sioners may agree on a reimbursement amount to the county general fund
in an amount less than the total expenses of the court trustee's office, but
such reimbursement amount shall not exceed the total expenses of the
court trustee's office.

      Sec.  40. K.S.A. 23-499 is hereby amended to read as follows: 23-499.
The expenditure for salaries, compensation and necessary expenses of the
office of court trustee provided for in this act may be paid during any
budget year, even though the same was not included in the budget ex-
penditures for such budget year, until such time as the office shall become
self-supporting, as determined by the administrative chief judge.

      Sec.  41. K.S.A. 23-4,118 is hereby amended to read as follows: 23-
4,118. (a) The department of social and rehabilitation services is desig-
nated as the state income withholding agency in title IV-D cases. For the
purpose of keeping adequate records to document, track and monitor
support payments in title IV-D cases and for the purpose of initiating the
income withholding process in such cases, the department may contract
for the performance of all or a portion of the withholding agency function
with existing title IV-D contractors or any newly created entity capable
of providing such services.

      (b) In all other cases, except as otherwise provided in this subsection,
the clerk of the district court is designated as the income withholding
agency for the purpose of keeping adequate records to allow the obligor
and obligee to track and monitor support payments. If a district court
trustee has been designated by the administrative chief judge to receive,
process and maintain records for moneys received under support orders,
the district court trustee is designated as the income withholding agency
for non-IV-D cases in the judicial district.

      Sec.  42. K.S.A. 23-701 is hereby amended to read as follows: 23-701.
(a) The purpose of this section is to enhance the enforcement of child
visitation rights granted by court order by establishing an expedited pro-
cedure which is simplified enough to provide justice without necessitating
the assistance of legal counsel.

      (b) If a parent has been granted visitation rights pursuant to K.S.A.
38-1121 or 60-1616, and amendments thereto, and such rights are denied
or interfered with by the other parent, the parent having visitation rights
may file with the clerk of the district court a motion for enforcement of
such rights. Such motion shall be filed on a form provided by the clerk
of the court. Upon the filing of the motion, the administrative chief judge
of the district court shall assign a judge of the district court or the court
trustee as a hearing officer to hear the motion. The hearing officer shall
immediately:

      (1) Issue ex parte an order for mediation in accordance with K.S.A.
23-601 et seq., and amendments thereto; or

      (2) set a time and place for a hearing on the motion, which shall be
not more than 21 days after the filing of the motion.

      (c) If mediation ordered pursuant to subsection (b) is completed, the
mediator shall submit a summary of the parties' understanding to the
hearing officer within five days after it is signed by the parties. Upon
receipt of the summary, the hearing officer shall enter an order in ac-
cordance with the parties' agreement or set a time and place for a hearing
on the matter, which shall be not more than 10 days after the summary
is received by the hearing officer.

      (d) If mediation ordered pursuant to subsection (b) is terminated
pursuant to K.S.A. 23-604 and amendments thereto, the mediator shall
report the termination to the hearing officer within five days after the
termination. Upon receipt of the report, if the hearing officer is a district
judge, such judge shall set the matter for hearing. If the hearing officer
is a district magistrate judge or a court trustee, the administrative chief
judge shall assign the matter to a district judge who shall set the matter
for hearing. Any such hearing shall be not more than 10 days after the
mediator's report of termination is received by the hearing officer.

      (e) Notice of the hearing date set by the hearing officer shall be given
to all interested parties by certified mail, return receipt requested, or as
the court may order.

      (f) If, upon a hearing pursuant to subsection (b), (c) or (d), the hear-
ing officer or judge finds that visitation rights of one parent have been
unreasonably denied or interfered with by the other parent, the hearing
officer or judge may enter an order providing for one or more of the
following:

      (1) A specific visitation schedule;

      (2) compensating visitation time for the visitation denied or inter-
fered with, which time shall be of the same type (e.g., holiday, weekday,
weekend, summer) as that denied or interfered with and shall be at the
convenience of the parent whose visitation was denied or interfered with;

      (3) the posting of a bond, either cash or with sufficient sureties, con-
ditioned upon compliance with the order granting visitation rights;

      (4) assessment of reasonable attorney fees, mediation costs and costs
of the proceedings to enforce visitation rights against the parent who
unreasonably denied or interfered with the other parent's visitation rights;

      (5) attendance of one or both parents at counseling or educational
sessions which focus on the impact of visitation disputes on children;

      (6) supervised visitation; or

      (7) any other remedy which the hearing officer or judge considers
appropriate, except that, if a hearing officer is a district magistrate judge
or court trustee, the hearing officer shall not enter any order which grants,
or modifies a previous order granting, child support, child custody or
maintenance.

      (g) Decisions of district magistrate judges or court trustees appointed
pursuant to this section shall be subject to review by a district judge on
the motion of any party filed within 10 days after the order was entered.

      (h) In no case shall final disposition of a motion filed pursuant to this
section take place more than 45 days after the filing of such motion.

      Sec.  43. K.S.A. 38-555 is hereby amended to read as follows: 38-555.
In Johnson county the operation of public youth residential facilities shall
be under the supervision and control of the district court. The adminis-
trative chief judge of the district court shall determine staff requirements
and appoint and supervise staff members of such facilities in accordance
with the personnel policies and compensation plan adopted by the board
of county commissioners. The board of county commissioners shall set
an annual budget of the costs and expenses for the purchase, improve-
ment, operation and maintenance of said such facilities and payment of
salaries of staff members, and. The county commissioners shall levy a tax
as in the case of providing for other expenses of the county on the assessed
taxable valuation of said such county for the purpose and to pay a portion
of the principal and interest on bonds issued under the authority of K.S.A.
12-1774, and amendments thereto, by cities located in the county.

      Sec.  44. K.S.A. 1998 Supp. 38-1808 is hereby amended to read as
follows: 38-1808. (a) There is hereby established in the state treasury the
family and children investment fund. On and after July 1, 1997, such fund
shall be administered as provided in this section.

      (b) There shall be credited to the family and children investment
fund appropriations, gifts, grants, contributions, matching funds and par-
ticipant payments.

      (c)  (1) There is hereby created the family and children trust account
in the family and children investment fund. The secretary of social and
rehabilitation services shall administer this account.

      (2) Moneys credited to the family and children trust account shall be
used for the following purposes: (A) Matching federal moneys to purchase
services relating to community-based programs for the broad range of
child abuse and neglect prevention activities; (B) providing start-up or
expansion grants for community-based prevention projects for the broad
range of child abuse and neglect prevention activities; (C) studying and
evaluating community-based prevention projects for the broad range of
child abuse and neglect prevention activities; (D) preparing, publishing,
purchasing and disseminating educational material dealing with the broad
range of child abuse and neglect prevention activities; and (E) payment
of administrative costs of the family and children trust account and of the
advisory committee on children and families established pursuant to
K.S.A. 1997 1998 Supp. 38-1901, and amendments thereto. No moneys
in the family and children trust account shall be used for the purpose of
providing services for the voluntary termination of pregnancy.

      (3) Expenditures from the family and children trust account shall be
subject to the approval of the advisory committee on children and families
established pursuant to K.S.A. 1997 1998 Supp. 38-1901, and amend-
ments thereto. All expenditures from the account shall be made in ac-
cordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the secretary
of social and rehabilitation services or a person designated by the secre-
tary.

      (d)  (1) There is hereby created the permanent families account in
the family and children investment fund. The judicial administrator of
the courts shall administer this account.

      (2) Moneys credited to the permanent families account shall be used
for the following purposes: (A) Not more than 12% of the amount cred-
ited to the account during the fiscal year may be used to provide technical
assistance to district courts or local groups wanting to establish a local
citizen review board or a court-appointed special advocate program, in-
cluding but not limited to such staff as necessary to provide such assis-
tance, and to provide services necessary for the administration of such
board or program, including but not limited to grants administration,
accounting, data collection, report writing and training of local citizen
review board staff; (B) grants to court-appointed special advocate pro-
grams, upon application approved by the administrative chief judge of the
judicial district where the program is located; and (C) grants to district
courts, upon application of the administrative chief judge of the judicial
district, for expenses of establishment, operation and evaluation of local
citizen review boards in the judicial district, including costs of: (i) Em-
ploying local citizen review board coordinators and clerical staff; (ii) tel-
ephone, photocopying and office equipment and supplies for which there
are shown to be no local funds available; (iii) mileage of staff and board
members; and (iv) training staff and board members.

      (3) In addition to the other duties and powers provided by law, in
administering the permanent families account, the judicial administrator
shall:

      (A) Accept and receive grants, loans, gifts or donations from any pub-
lic or private entity in support of programs administered by the judicial
administrator and assist in the development of supplemental funding
sources for local and state programs;

      (B) consider applications for and make such grants from the perma-
nent families account as authorized by law; and

      (C) receive reports from local citizen review boards established pur-
suant to K.S.A. 38-1812, and amendments thereto, regarding the status
of children under the supervision of the district courts and regarding
systemic barriers to permanence for children, assure that appropriate data
is maintained regularly and compiled at least once a year by such boards
on all cases reviewed and assure that the effectiveness of such boards is
evaluated on an ongoing basis, using, where possible, random selection
of local citizen review boards and cases for the evaluation and including
client outcome data to determine effectiveness.

      (4) All expenditures from the account shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the judicial administra-
tor or a person designated by the judicial administrator.

      (e) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the family and
children investment fund interest earnings based on:

      (1) The average daily balance of moneys in the family and children
investment fund for the preceding month; and

      (2) the net earnings rate of the pooled money investment portfolio
for the preceding month.

      Sec.  45. K.S.A. 38-1812 is hereby amended to read as follows: 38-
1812. (a) Subject to the availability of funds in the permanent families
account of the family and children investment fund for citizen review
boards, and subject to a request from a judicial district, there shall be
local citizen review boards in judicial districts, or portions of such districts.

      (b) The administrative chief judge of the judicial district, or such
judge's designation of another judge, shall appoint three to seven citizens
from the community to serve on each local citizen review board. Such
members shall represent the various socioeconomic and ethnic groups of
the judicial district, and shall have a special interest in children. Such
judge may also appoint alternates when necessary.

      (c) The term of appointment shall be two years and members may
be reappointed.

      (d) Members shall serve without compensation but may be reim-
bursed for mileage for out-of-county reviews.

      (e) Each local citizen review board shall meet quarterly and may meet
monthly if the number of cases to review requires such meetings.

      (f) Members and alternates appointed to local citizen review boards
shall receive at least six hours of training before reviewing a case.

      Sec.  46. K.S.A. 39-1702 is hereby amended to read as follows: 39-
1702. As used in this act:

      (a) "Children and adolescents who require multiple levels and kinds
of specialized services which are beyond the capability of one agency"
means children and adolescents who are residents of Kansas, and with
respect to whom there is documentation that: (1) Various agencies have
acknowledged the need for a certain type of service and have taken action
to provide that level of care; (2) various agencies have collaborated to
develop a program plan to meet the needs of the child or adolescent; and
(3) various agencies have collaborated to develop programs and funding
to meet the need of the child or adolescent, and that existing or alternative
programs and funding have been exhausted or are insufficient or inap-
propriate in view of the distinctive nature of the situation of the child or
adolescent.

      (b) "Agency" means and includes county health departments, area
offices of the department of social and rehabilitation services, district
offices of the department of health and environment, local offices of the
department of human resources, boards of education of public school
districts, community mental health centers, community facilities for the
mentally retarded/developmentally disabled, district courts, county com-
missions, and law enforcement agencies.

      (c) "Authorized decision makers" means agency representatives who
have the authority to commit the resources of the agency they represent
in the provision of services to any child or adolescent whose needs are
brought before a regional interagency council.

      (d) "District court" means the administrative chief judge for a judicial
district.

      (e) "Parent" means a natural parent, an adoptive parent, a stepparent,
a foster care provider of a child or adolescent for whom services are
needed from more than one agency, or a person acting as parent of a
child or adolescent for whom services are needed from more than one
agency.

      (f) "Person acting as parent" means a guardian or conservator, or a
person, other than a parent, who is liable by law to maintain, care for, or
support a child or adolescent, or who has actual care and custody of the
child or adolescent and is contributing the major portion of the cost of
support of the child or adolescent, or who has actual care and control of
the child or adolescent with the written consent of a person who has legal
custody of the child or adolescent, or who has been granted custody of
the child or adolescent, by a court of competent jurisdiction.

      Sec.  47. K.S.A. 1998 Supp. 44-555c is hereby amended to read as
follows: 44-555c. (a) There is hereby established the workers compen-
sation board. The board shall have exclusive jurisdiction to review all
decisions, findings, orders and awards of compensation of administrative
law judges under the workers compensation act. The review by the board
shall be upon questions of law and fact as presented and shown by a
transcript of the evidence and the proceedings as presented, had and
introduced before the administrative law judge. The board shall be within
the division of workers compensation of the department of human re-
sources and all budgeting, personnel, purchasing and related manage-
ment functions of the board shall be administered under the supervision
and direction of the secretary of human resources. The board shall consist
of five members who shall be appointed by the secretary in accordance
with this section and who shall each serve for a term of four years, except
as provided for the first members appointed to the board under subsec-
tion (f).

      (b) Each board member shall be an attorney regularly admitted to
practice law in Kansas for a period of at least seven years and shall have
engaged in the active practice of law during such period as a lawyer, judge
of a court of record or any court in Kansas or a full-time teacher of law
in an accredited law school, or any combination of such types of practice.

      (c) Each board member shall receive an annual salary in an amount
equal to the salary prescribed by law for a district judge, except that the
member who is the chairperson of the workers compensation board shall
receive an annual salary in an amount equal to the salary prescribed for
a district judge designated as administrative chief judge of a district court
of Kansas. The board members shall devote full time to the duties of such
office and shall not engage in the private practice of law during their term
of office. No board member may receive additional compensation for
official services performed by the board member. Each board member
shall be reimbursed for expenses incurred in the performance of such
official duties under the same circumstances and to the same extent as
judges of the district court are reimbursed for such expenses.

      (d) Applications for membership on the board shall be submitted to
the director of workers compensation. The director shall determine if an
applicant meets the qualifications for membership on the board pre-
scribed in subsection (b). Qualified applicants for the board will be sub-
mitted by the director to the workers compensation board nominating
committee for consideration.

      (e) There is hereby established the workers compensation board
nominating committee which shall be composed of two members ap-
pointed as follows: The Kansas AFL-CIO and the Kansas chamber of
commerce and industry shall each select one representative to serve on
the workers compensation board nominating committee and shall give
written notice of the selection to the secretary who shall appoint such
representatives to the committee. In the event of a vacancy occurring for
any reason on the nominating committee, the respective member shall
be replaced by the appointing organization with written notice of the
appointment to the secretary of human resources within 30 days of such
vacancy.

      (f)  (1) Upon being notified of any vacancy on the board or of the
need to appoint a member pro tem under subsection (i), the nominating
committee shall consider all qualified applicants submitted by the director
for the vacant position on the board or the member pro tem position and
nominate a person qualified therefor. The nominating committee shall
be required to reach unanimous agreement on any nomination to the
board. With respect to each person nominated, the secretary either shall
accept and appoint the person nominated by the nominating committee
to the position on the board for which the nomination was made or shall
reject the nomination and request the nominating committee to nominate
another person for that position. Upon receipt of any such request for
the nomination of another person, the nominating committee shall nom-
inate another person for that position in the same manner.

      (2) The first members of the board established by this section are
hereby appointed as follows: Each person who was a member of the
workers compensation board which was in existence on January 12, 1995,
is hereby appointed, effective January 13, 1995, as a member of the board
established by this section. The term of office of each person so appointed
as a member of the board established by this section is for the period
equal to the remainder of the term of office such person had as of January
12, 1995, as a member of the workers compensation board which was in
existence on January 12, 1995.

      (3) Each member of the board shall hold office for the term of the
appointment and until the successor shall have been appointed. Succes-
sors to such members shall be appointed for terms of four years.

      (4) If a vacancy should occur on the board during the term of a mem-
ber, the nominating committee shall nominate an individual from the
qualified applicants submitted by the director to complete the remainder
of the unexpired portion of the term. With respect to each person so
nominated, the secretary either shall accept and appoint the person nom-
inated to the board or shall reject the nomination and request the nom-
inating committee to nominate another person for the position. Upon
receipt of any such request for the nomination of another person, the
nominating committee shall nominate another person for the position in
the same manner.

      (g) Following the completion of a term, board members who wish to
be considered for reappointment to the board shall be deemed to have
met the qualification requirements for selection to the board and shall
be considered for renomination by the workers compensation board nom-
inating committee.

      (h) The members of the board shall annually elect one member to
serve as chairperson.

      (i) If illness or other temporary disability of a member of the board
will not permit the member to serve during a case or in any case in which
a member of the board must be excused from serving because of a conflict
or is otherwise disqualified with regard to such case, the director shall
notify the workers compensation nominating committee of the need to
appoint a member pro tem. Upon receipt of such notice, the committee
shall act as soon as possible and nominate a qualified person to serve as
member pro tem in such case in accordance with subsection (f). Each
member pro tem shall receive compensation at the same rate as a member
of the board receives, prorated for the hours of actual service as a member
pro tem and shall receive expenses under the same circumstances and to
the same extent as a member of the board receives. Each member pro
tem shall have all the powers, duties and functions of a member of the
board with regard to the case.

      (j) The board shall maintain principal offices in Topeka, Kansas, and
the board may conduct hearings at a courthouse of any county in Kansas
or at another location specified by the board. The secretary of human
resources shall provide a courtroom and other suitable quarters in To-
peka, Kansas, for the use of the board and its staff. When the board
conducts hearings at any location other than in Topeka, Kansas, the di-
rector shall make suitable arrangements for such hearings. Subject to the
provisions of appropriation acts, the director shall provide such supplies
and equipment and shall appoint such support personnel as may be nec-
essary for the board to fulfill the duties imposed by this act, subject to
approval by the secretary.

      (k) For purposes of hearing cases, the board may sit together or in
panels of two members or more, designated by the chairperson of the
board, except that an appeal from a preliminary award entered under
K.S.A. 44-534a and amendments thereto may be heard by a panel of one
member designated by the chairperson. All members of the board shall
determine each matter before the board. All decisions, reviews and de-
terminations by the board shall be approved in writing by at least three
board members. Whenever the board enters a final order in any pro-
ceeding, the board shall make written findings of fact and conclusions of
law forming the basis of the board's determination and final order. The
findings of fact and conclusions of law of the board shall be made a part
of the final order. The board shall mail a copy of the final order of the
board to all parties to the proceeding within three days following the
issuance of the final order.

      Sec.  48. K.S.A. 59-2402 is hereby amended to read as follows: 59-
2402. In any proceeding pending in the district court before a district
magistrate judge, when it appears that a decision upon any question of
which such judge does not have jurisdiction is necessary to a full deter-
mination of the proceeding, such question shall be submitted to the ad-
ministrative chief judge. The administrative chief judge may assign the
entire case to a district judge or may assign just the question to a district
judge for determination, after which the case may be reassigned to the
district magistrate judge.

      Sec.  49. K.S.A. 59-2402a is hereby amended to read as follows: 59-
2402a. When a petition is filed in the district court and a district magis-
trate judge is assigned to hear such petition, any interested party may
request the transfer of the matter to the administrative chief judge for
assignment to a district judge if the petition is:

      (1) To admit a will to probate;

      (2) to determine venue or a transfer of venue;

      (3) to allow any claim exceeding $500 in value;

      (4) for the sale, lease or mortgage of real estate;

      (5) for conveyance of real estate under contract;

      (6) for payment of a legacy or distributive share;

      (7) for partial or final distribution;

      (8) for an order compelling a legatee or distributee to refund;

      (9) for an order to determine heirs, devisees or legatees; or

      (10) for an order which involves construction of a will or other in-
strument.

      When a request for such transfer is filed less than three days prior to
the commencement of the hearing, the court shall assess the costs occa-
sioned by the subpoena and attendance of witnesses against the party
seeking the transfer. Such request may be included in any petition, answer
or other pleading, or may be filed as a separate petition, and shall include
an allegation that a bona fide controversy exists and that the transfer is
not sought for the purpose of vexation or delay. Notice of such request
shall be given as ordered by the court.

      Sec.  50. K.S.A. 59-2402b is hereby amended to read as follows: 59-
2402b. Upon the filing of such request the administrative chief judge may
assign the case in its entirety to a district judge or only for a determination
of the specific issues raised. If the administrative chief judge assigns only
for determination of specific issues, the case may be reassigned to the
district magistrate judge. The determination of issues shall be as on appeal
as provided in K.S.A. 59-2408 and amendments thereto.

      Sec.  51. K.S.A. 59-2402d is hereby amended to read as follows: 59-
2402d. When a trust estate is created by a will admitted to probate by
order of any district magistrate judge of this state, any beneficiary or the
trustee of such trust estate may at any time file a petition requesting the
transfer of such trust estate to the administrative chief judge for assign-
ment to a district judge. Notice shall be given as ordered by the court, if
notice is found by the court to be necessary. Upon the filing of such
request, the district magistrate judge shall transfer the file in the estate,
or so much thereof as may be necessary for a proper administration of
the trust estate, to the administrative chief judge.

      Appeals from judgments and orders of a district judge made pursuant
to this act may be taken as appeals in other civil cases.

      Sec.  52. K.S.A. 59-2408 is hereby amended to read as follows: 59-
2408. Whenever an appeal has been taken from an order, judgment, de-
cree or decision of a district magistrate judge, the district judge to which
the appeal is assigned by the administrative chief judge, without unnec-
essary delay, shall proceed to hear and determine all issues in the matter
de novo and shall allow and may require pleadings to be filed or amended.
The right to file new pleadings shall not be abridged or restricted by the
pleadings filed, or by failure to file pleadings, in the proceedings before
the district magistrate judge; nor shall the trial or the issues to be consid-
ered by the district judge be abridged or restricted by any failure to
appear or by the evidence introduced, or the absence or insufficiency
thereof, in the proceedings before the district magistrate judge.

      All appeals from a district magistrate judge other than those from the
allowance or disallowance of a demand, adjudging or refusing to adjudge
a person an incapacitated person, and the granting, or refusing to grant,
of an order for care or treatment, shall be tried by the court without a
jury, but the court may call a jury in an advisory capacity or in a proper
case may refer the matter or part thereof to a referee.

      Sec.  53. K.S.A. 60-465a is hereby amended to read as follows: 60-
465a. The photographs, microphotographs or photographic film or prints
or reproductions of the original records as authorized in K.S.A. 20-159
and amendments thereto shall be deemed to be an original record for all
purposes, and may be used as evidence in all courts or administrative
agencies. A copy thereof, certified in writing by the person designated by
the administrative chief judge of the judicial district as having custody of
such reproduction, may be used as evidence in all courts or administrative
agencies.

      Sec.  54. K.S.A. 60-2601a is hereby amended to read as follows: 60-
2601a. In any county which has a computer information storage and re-
trieval system for the use of the clerk of the district court of such county,
the records and information required to be maintained in the dockets and
journals under the provisions of section 60-2601 subsections (b) (1), (2),
(3), and (4) of K.S.A. 60-2601 and amendments thereto may, upon order
of the administrative chief judge of such court, be maintained in such
computer information storage and retrieval system. The clerk of the dis-
trict court of such county shall be charged with the responsibility of mak-
ing such records and information maintained in such computer infor-
mation storage and retrieval system accessible to the public during normal
working hours.

      Sec.  55. K.S.A. 60-3502 is hereby amended to read as follows: 60-
3502. If a professional malpractice liability action is filed in a district court
of this state and one of the parties to the action requests, by filing a
memorandum with the court, that a professional malpractice screening
panel be convened, the judge of the district court or, if the district court
has more than one division, the administrative chief judge of such court
shall convene a professional malpractice screening panel, hereafter re-
ferred to as the screening panel. If a claim for damages arising out of the
rendering of or failure to render services by a professional licensee has
not been formalized by the filing of a petition, any party affected by such
claim may request, by filing a memorandum with the court, that a screen-
ing panel be convened and, if such request is made, the judge of the
district court or, if the district court has more than one division, the
administrative chief judge of such court shall convene a screening panel.

      The membership of the screening panel shall be selected as follows:
(a) A person licensed in the same profession as the defendant or person
against whom the claim is filed, designated by the defendant or by the
person against whom the claim is made if no petition has been filed; (b)
a person licensed in the same profession as the defendant or person
against whom the claim is filed, designated by the plaintiff or by the
claimant if no petition has been filed; (c) a person licensed in the same
profession as the defendant or person against whom the claim is filed,
selected jointly by the plaintiff and the defendant or by the claimant and
the person against whom the claim is made, if no petition has been filed;
and (d) an attorney selected by the judge of the district court or, if the
district court has more than one division, the administrative chief judge
of such court from a list of attorneys maintained by the judge of the
district court for such purpose. Such attorney shall be a nonvoting mem-
ber of the screening panel but shall act as chairperson of the screening
panel.

      The state agency which licenses, registers, certifies or otherwise is re-
sponsible for the practice of any group of professional licensees shall
maintain and make available to the parties to the proceeding a current
list of professional licensees who are willing and available to serve on the
screening panel. The persons appointed shall constitute the screening
panel for the particular professional malpractice claim to be heard.

      Sec.  56. K.S.A. 60-3503 is hereby amended to read as follows: 60-
3503. The district judge or, if the district court has more than one division,
the administrative chief judge of such court shall notify the parties to the
action that a screening panel has been convened and that the members
of such screening panel are to be appointed within 10 days of the receipt
of such notice. If the plaintiff and the defendant or, if no petition has
been filed, the claimant and the party against whom the claim is made
are unable to jointly select a professional licensee within 10 days after
receipt of notice that a screening panel has been convened, the judge of
the district court or, if the district court has more than one division, the
administrative chief judge of such court shall select such professional li-
censee.

      Sec.  57. K.S.A. 60-3505 is hereby amended to read as follows: 60-
3505. (a) Within 90 days after the screening panel is commenced, such
panel shall make written recommendations on the issue of whether the
professional licensee departed from the standard of conduct in a way
which caused the plaintiff or claimant damage. A concurring or dissenting
member of the screening panel may file a written concurring or dissenting
opinion. All written opinions shall be supported by corroborating refer-
ences to published literature and other relevant documents.

      (b) The screening panel shall notify all parties when its determination
is to be handed down, and, within seven days of its decision, shall provide
a copy of its opinion and any concurring or dissenting opinion to each
party and each attorney of record and to the judge of the district court
or, if the district court has more than one division, the administrative
chief judge of such court. The screening panel shall also provide a copy
of its opinion and any concurring or dissenting opinions, and the reasons
therefor, to the commissioner of insurance.

      (c) The written report of the screening panel shall be admissible in
any subsequent legal proceeding, and either party may subpoena any and
all members of the panel as witnesses for examination relating to the
issues at trial.

      Sec.  58. K.S.A. 61-1720 is hereby amended to read as follows: 61-
1720. (a) By plaintiff. Whenever a plaintiff demands judgment beyond
the scope of actions authorized by the provisions of K.S.A. 61-1603 and
amendments thereto, the court shall either: (1) Transfer the action to the
administrative chief judge for assignment and hearing pursuant to chapter
60 of the Kansas Statutes Annotated, assessing the increased docket fee
to the plaintiff,; or (2) allow the plaintiff to amend his or her the pleadings
and service of process to bring the demand for judgment within the scope
of actions authorized by the provisions of K.S.A. 61-1603 and amendments
thereto, assessing the costs accrued to the plaintiff.

      (b) By defendant. If a defendant asserts a counterclaim or cross-claim
beyond the scope of chapter 61 of the Kansas Statutes Annotated, the
case shall be referred to the administrative chief judge for assignment and
hearing pursuant to chapter 60 of the Kansas Statutes Annotated, assess-
ing the increased docket fee to the defendant.

      Sec.  59. K.S.A. 61-1724 is hereby amended to read as follows: 61-
1724. In any action commenced pursuant to this chapter in which a dis-
trict magistrate judge is presiding and in which it appears to the satisfac-
tion of the judge that title to real estate is sought to be recovered or an
equitable or legal interest in real estate is sought to be established, the
action shall be stayed before such court. The judge shall notify the ad-
ministrative chief judge of the district of the stay and, within 10 days after
the action is stayed, shall transmit all papers and process in the action to
the clerk of the district court of the county for assignment to a district
judge.

      The judge before whom the action is commenced shall require of the
defendant setting up such question to file a bill of particulars setting forth
a full and specific statement of the facts constituting the defendant's de-
fense of the real estate which is brought in question; and the defendant
shall be required to make affidavit of the truthfulness of the statements
contained in the defendant's bill of particulars, and that the defense is
bona fide and not made for vexation or delay, but for the promotion of
justice.

      Sec.  60. K.S.A. 61-2103 is hereby amended to read as follows: 61-
2103. Subject to rule of the supreme court, once an appeal is perfected,
if the judge from whom such appeal is taken is a district magistrate judge,
such judge shall notify the administrative chief judge that the appeal has
been perfected. The administrative chief judge then shall assign the case
to a district judge to hear the appeal.

      Sec.  61. K.S.A. 61-2709 is hereby amended to read as follows: 61-
2709. (a) An appeal may be taken from any judgment under the small
claims procedure act. All appeals shall be by notice of appeal specifying
the party or parties taking the appeal and the order, ruling, decision or
judgment complained of and shall be filed with the clerk of the district
court within 10 days after entry of judgment. All appeals shall be tried
and determined de novo before a district judge, other than the judge
from which the appeal is taken. The provisions of K.S.A. 60-2001 and 61-
1716, and amendments thereto, shall be applicable to actions appealed
pursuant to this subsection. The appealing party shall cause notice of the
appeal to be served upon all other parties to the action in accordance
with the provisions of K.S.A. 60-205 and amendments thereto. An appeal
shall be perfected upon the filing of the notice of appeal. When the appeal
is perfected, the clerk of the court or the judge from which the appeal is
taken shall refer the case to the administrative chief judge for assignment
in accordance with this section. All proceedings for the enforcement of
any judgment under the small claims procedure act shall be stayed during
the time within which an appeal may be taken and during the pendency
of an appeal, without the necessity of the appellant filing a supersedeas
bond. If the appellee is successful on an appeal pursuant to this subsec-
tion, the court shall award to the appellee, as part of the costs, reasonable
attorney fees incurred by the appellee on appeal.

      (b) Any order, ruling, decision or judgment rendered by a district
judge on an appeal taken pursuant to subsection (a) may be appealed in
the manner provided in article 21 of chapter 60 of the Kansas Statutes
Annotated.

      Sec.  62. K.S.A. 65-205 is hereby amended to read as follows: 65-205.
Whenever it shall be determined that the public health and sanitation of
any city or county may be best promoted by the creation of a joint board
of health for any two or more cities, counties, or city and county the
governing bodies of such municipalities may so declare by resolution and
may, by agreement with each other, establish a joint board of health with
the same powers, duties, and limitations as are now or hereafter may be
provided by law for the creation and conduct of boards of health to act
severally in such municipalities. Upon the creation of any such board of
health all the jurisdiction, powers and duties now conferred by law upon
any local, municipal or county board of health shall be withdrawn from
such local, municipal or county board of health and conferred upon the
joint board of health. In all counties having a population of more than
three hundred thousand (300,000) 300,000 such board of health existing
on July 1, 1974, is hereby abolished and in its place a joint board is hereby
created and shall consist of eleven (11) 11 persons who shall be appointed
as follows:

      Five (5) members, one (1) of whom shall be a medical doctor who is
duly licensed to practice in the state of Kansas, shall be appointed by the
governing body of the first-class city located within such county; five (5)
members, one (1) of whom shall be a psychiatrist who is duly licensed to
practice in the state of Kansas, shall be appointed by the board of county
commissioners, and one (1) member shall be appointed by the adminis-
trative chief district judge of such county, and such member shall be a
pharmacist duly licensed under the laws of the state of Kansas; said. Such
members shall hold such office for a term of four (4) years and until their
successors are appointed and qualified, except that the members of the
first board appointed on or after July 1, 1974, shall hold their offices for
terms as follows: Three (3) members appointed by the governing body of
the first-class city located within such county for a term of one (1) year
and two (2) members appointed by such governing body for terms of
three (3) years; three (3) members appointed by the board of county
commissioners of such county for terms of four (4) years and two (2)
members appointed by such board of county commissioners for terms of
two (2) years; one (1) member appointed by the administrative chief dis-
trict judge of such county for a term of two (2) years, and the appointing
authority, appointing more than one member, shall designate the term
for which each is to serve; said. Such members shall be eligible for reap-
pointment, but at no time shall a majority of said such board be composed
of medical doctors. The actions of said such board shall be subject to the
approval of the governing bodies of the city and county sitting en banc
and said such governing bodies may, while sitting en banc, provide by
mutual agreement and resolution, rules and regulations for the operation
of said such joint board of health. All the powers, duties and functions
conferred or imposed by law upon said such joint board of health in
existence prior to July 1, 1974, and abolished by the provisions of this act,
are hereby transferred and conferred upon the joint board of health cre-
ated by this act.

      Sec.  63. K.S.A. 65-4901 is hereby amended to read as follows: 65-
4901. If a petition is filed in a district court of this state claiming damages
for personal injury or death on account of alleged medical malpractice of
a health care provider and one of the parties to the action requests, by
filing a memorandum with the court, that a medical malpractice screening
panel be convened, the judge of the district court or, if the district court
has more than one division, the administrative chief judge of such court
shall convene a medical malpractice screening panel, hereafter referred
to as the ``screening panel.'' If a petition is filed in a district court of this
state claiming damages for personal injury or death on account of alleged
medical malpractice of a health care provider and none of the parties to
the action requests that a screening panel be convened, the judge may
convene a screening panel upon the judge's own motion. If a claim for
damages for personal injury or death on account of alleged medical mal-
practice of a health care provider has not been formalized by the filing
of a petition, any party affected by such claim may request, by filing a
memorandum with the court, that a screening panel be convened, and if
such request is made the judge of the district court or, if the district court
has more than one division, the administrative chief judge of such court
shall convene a screening panel.

      The membership of the screening panel shall be selected as follows:
(a) A health care provider designated by the defendant or by the person
against whom the claim is made if no petition has been filed; (b) a health
care provider designated by the plaintiff or by the claimant if no petition
has been filed; (c) a health care provider selected jointly by the plaintiff
and the defendant or by the claimant and the person against whom the
claim is made if no petition has been filed; and (d) an attorney selected
by the judge of the district court or, if the district court has more than
one division, the administrative chief judge of such court from a list of
attorneys maintained by the judge of the district court or, if the district
court has more than one division, the administrative chief judge of such
court for such purpose. Such attorney shall be a nonvoting member of
the screening panel but shall act as chairperson of the screening panel.

      The state agency which licenses, registers, certifies or otherwise is re-
sponsible for the practice of any group of health care providers shall
maintain and make available to the parties to the proceeding a current
list of health care providers who are willing and available to serve on the
screening panel. The persons appointed shall constitute the screening
panel for the particular medical malpractice claim to be heard.

      Sec.  64. K.S.A. 65-4902 is hereby amended to read as follows: 65-
4902. The district judge or, if the district court has more than one division,
the administrative chief judge of such court shall notify the parties to the
action that a screening panel has been convened and that the members
of such screening panel are to be appointed within 10 days of the receipt
of such notice. If the plaintiff and the defendant or, if no petition has
been filed, the claimant and the party against whom the claim is made
are unable to jointly select a health care provider within 10 days after
receipt of notice that a screening panel has been convened, the judge of
the district court or, if the district court has more than one division, the
administrative chief judge of such court shall select such health care pro-
vider.

      Sec.  65. K.S.A. 65-4904 is hereby amended to read as follows: 65-
4904. (a) Within 90 days after the screening panel is commenced, such
panel shall make written recommendations on the issue of whether the
health care provider departed from the standard of care in a way which
caused the plaintiff or claimant damage. A concurring or dissenting mem-
ber of the screening panel may file a written concurring or dissenting
opinion. All written opinions shall be supported by corroborating refer-
ences to published literature and other relevant documents.

      (b) The screening panel shall notify all parties when its determination
is to be handed down, and, within seven days of its decision, shall provide
a copy of its opinion and any concurring or dissenting opinion to each
party and each attorney of record and to the judge of the district court
or, if the district court has more than one division, the administrative
chief judge of such court. The screening panel shall also provide a copy
of its opinion and any concurring or dissenting opinions, and the reasons
therefor, to the commissioner of insurance.

      (c) The written report of the screening panel shall be admissible in
any subsequent legal proceeding, and either party may subpoena any and
all members of the panel as witnesses for examination relating to the
issues at trial.

      Sec.  66. K.S.A. 1998 Supp. 72-8906 is hereby amended to read as
follows: 72-8906. (a) Any person, hearing officer or any member of a
committee or the board of education conducting a hearing under this act
may: (1) Administer oaths for the purpose of taking testimony;

      (2) call and examine witnesses and receive documentary and other
evidence; and

      (3) take any other action necessary to make the hearing accord with
procedural due process.

      (b) Any hearing officer, any member of a committee or the board of
education holding a formal hearing or an appeal hearing under this act
may and, upon the request of any pupil for whom any such hearing is
held or upon the request of the pupil's parents or guardians or counsel,
shall petition the administrative chief judge of the judicial district in which
the school district is located requesting that the clerk of the district court
be authorized to issue subpoenas for the attendance and testimony of the
principal witness or witnesses and the production of books, records, re-
ports, papers and documents relating to the proposed suspension or ex-
pulsion from school in the same manner as provided for the issuance of
subpoenas in civil actions pursuant to K.S.A. 60-245, and amendments
thereto.

      Sec.  67. K.S.A. 74-2434 is hereby amended to read as follows: 74-
2434. (a) Each member of the board shall receive an annual salary as
provided in this section. Each of the members of the board shall devote
full time to the duties of such office.

      (b)  (1) The annual salary of the chairperson shall be an amount equal
to the annual salary paid by the state to a district judge designated as
administrative chief judge; and

      (2) the annual salary of each member other than the chairperson shall
be an amount which is $2,465 less than the annual salary of the chair-
person.

      Sec.  68. K.S.A. 75-3120g is hereby amended to read as follows: 75-
3120g. (a) The annual salary of district judges shall be paid in equal in-
stallments each payroll period in accordance with this section.

      (b) Except as otherwise provided in K.S.A. 75-3120l and amendments
thereto, the annual salary of district judges, other than district judges
designated as administrative chief judges, shall be $71,291.

      (c) Except as otherwise provided in K.S.A. 75-3120l and amendments
thereto, the annual salary of district judges designated as administrative
chief judges shall be $72,105.

      (d) No county may supplement the salary of, or pay any compensation
to, any district judge.

      Sec.  69. K.S.A. 75-5297 is hereby amended to read as follows: 75-
5297. (a) Subject to the other provisions of this section, each corrections
advisory board established under this act shall consist of 12 or more mem-
bers who shall be representative of law enforcement, prosecution, the
judiciary, education, corrections, ethnic minorities, the social services and
the general public and shall be appointed as follows:

      (1) The law enforcement representatives shall be: (A) The sheriff or,
if two or more counties are cooperating, the sheriff selected by the sheriffs
of those counties, or the designee of that sheriff, and (B) the chief of
police of the city with the largest population at the time the board is
established or, if two or more counties are cooperating, the chief of police
selected by the chiefs of police of each city with the largest population in
each county at the time the board is established, or the designee of that
chief of police, except that for purposes of this paragraph (1) in the case
of a county having consolidated law enforcement and not having a sheriff
or any chiefs of police, "sheriff" means the law enforcement director and
"chief of police of the city with the largest population" or "chief of police"
means a law enforcement officer, other than the law enforcement direc-
tor, appointed by the county law enforcement agency for the purposes of
this section;

      (2) the prosecution representative shall be the county or district at-
torney or, if two or more counties are cooperating, a county or district
attorney selected by the county and district attorneys of those counties,
or the designee of that county or district attorney;

      (3) the judiciary representative shall be the administrative chief judge
of the district court of the judicial district containing the county or group
of counties or, if two or more counties in two or more judicial districts
are cooperating, the administrative chief judge of each such judicial dis-
trict, or a judge of the district court designated by each such administra-
tive chief judge;

      (4) the education representative shall be an educational professional
appointed by the board of county commissioners of the county or, if two
or more counties are cooperating, by the boards of county commissioners
of those counties;

      (5) a court services officer designated by the administrative chief
judge of the district court of the judicial district containing the county or
group of counties or, if counties in two or more judicial districts are co-
operating, a court services officer designated by the administrative chief
judges of those judicial districts;

      (6) the board of county commissioners of the county shall appoint or,
if two or more counties are cooperating, the boards of county commis-
sioners of those counties shall together appoint three additional members
of the corrections advisory board or, if necessary, additional members so
that each county which is not otherwise represented on the board is rep-
resented by at least one member of such board; and

      (7) three members of the corrections advisory board shall be ap-
pointed by cities located within the county or group of cooperating coun-
ties as follows: (A) If there are three or more cities of the first class, the
governing body of each of the three cities of the first class having the
largest populations shall each appoint one member; (B) if there are two
cities of the first class, the governing body of the larger city of the first
class shall appoint two members and the governing body of the smaller
city of the first class shall appoint one member; (C) if there is only one
city of the first class, the governing body of such city shall appoint all
three members; and (D) if there are no cities of the first class, the gov-
erning body of each of the three cities having the largest populations shall
each appoint one member.

      (b) If possible, of the members appointed by the boards of county
commissioners in accordance with subsection (a)(6) and by the governing
bodies of cities in accordance with subsection (a)(7), members shall be
representative of one or more of the following: (1) Parole officers; (2)
public or private social service agencies; (3) ex-offenders; (4) the health
care professions; and (5) the general public.

      (c) At least two members of each corrections advisory board shall be
representative of ethnic minorities and no more than 2/3 of the members
of each board shall be members of the same sex.

      (d) In lieu of the provisions of subsections (a) through (c), a group of
cooperating counties as provided in subsection (a)(2) of K.S.A. 75-52,110
and amendments thereto may establish a corrections advisory board which
such board's membership shall be determined by such group of counties
through cooperative action pursuant to the provisions of K.S.A. 12-2901
through 12-2907 and amendments thereto, to the extent that those stat-
utes do not conflict with the provisions of this act, except that if two or
more counties in two or more judicial districts are cooperating, the ad-
ministrative chief judge of each such judicial district, or a judge of the
district court designated by each such administrative chief judge shall be
a member of such board. In determining the membership of the correc-
tions advisory board pursuant to this subsection, such group of counties
shall appoint members who are representative of law enforcement, pros-
ecution, the judiciary, education, corrections, ethnic minorities, the social
services and the general public. Any corrections advisory board estab-
lished and the membership determined pursuant to this subsection shall
be subject to the approval of the secretary of corrections.

      Sec.  70. K.S.A. 75-52,110 is hereby amended to read as follows: 75-
52,110. (a) Before July 1, 1990, each county in this state, based on the
recommendation from the administrative chief judge of the judicial dis-
trict in which each such county is located as provided in subsection (b),
shall have:

      (1) Established a corrections advisory board in accordance with
K.S.A. 75-5297 and amendments thereto and adopted a comprehensive
plan for the development, implementation, operation and improvement
of the correctional services described in K.S.A. 75-5291 and amendments
thereto which has been approved by the secretary of corrections and
which, in addition to such matters as are prescribed by rules and regu-
lations of the secretary of corrections, provides for centralized adminis-
tration and control of the correctional services under such plan;

      (2) entered into an agreement with a group of cooperating counties
to establish a regional or multi-county community correctional services
program; established a corrections advisory board in accordance with
K.S.A. 75-5297 and amendments thereto; and adopted a comprehensive
plan for the development, implementation, operation and improvement
of the correctional services described in K.S.A. 75-5291 and amendments
thereto which has been approved by the secretary of corrections and
which, in addition to such matters as are prescribed by rules and regu-
lations of the secretary of corrections, provides for centralized adminis-
tration and control of the correctional services under such plan. Such
group of counties may comply with the provisions of this subsection
through cooperative action pursuant to the provisions of K.S.A. 12-2901
through 12-2907 and amendments thereto, to the extent that those stat-
utes do not conflict with the provisions of this act; or

      (3) contracted for correctional services described in K.S.A. 75-5291
and amendments thereto from any county or group of cooperating coun-
ties, as provided in K.S.A. 75-52,107 and amendments thereto, which are
receiving grants under this act.

      (b) Before September 15, 1989, the administrative chief judge in each
judicial district shall make a recommendation to the board of county com-
missioners in each county in such judicial district which has not estab-
lished a program to provide for the correctional services described in
K.S.A. 75-5291 and amendments thereto, as to which option provided in
subsection (a) each such county in such judicial district should choose to
comply with the provisions of this act.

      Sec.  71. K.S.A. 79-1494 is hereby amended to read as follows: 79-
1494. A binding arbitration process is hereby established in Lyon, Ellis,
Saline and Shawnee counties. The director of property valuation shall
develop a list of persons qualified by virtue of experience and training in
the field of property appraisal and tax administration to act as arbitrators
of property valuation disputes. The board of county commissioners of
such counties shall, on or before August 25, 1992, and on or before August
25 of each ensuing year, by resolution fix the salary to be paid each ar-
bitrator who shall serve in such county and notify the director of property
valuation of the amount thereof. The state shall assume a portion of the
cost of such arbitration process in accordance with appropriation acts of
the legislature.

      The county clerk shall furnish an arbitration request form together with
a statement of explanation of the consequences of a request for binding
arbitration to any property owner who desires to submit the final deter-
mination of classification or appraised valuation by the county appraiser
to binding arbitration. Such form and statement shall be prescribed by
the director of property valuation. The arbitration request form shall be
completed and filed with the county clerk within 18 days of the date that
a final determination of classification or appraised valuation was mailed
to the property owner as provided in K.S.A. 79-1448, and amendments
thereto. The property owner may rescind such request by notifying the
county clerk prior to the expiration of such 18-day period provided that
no hearing has already been conducted thereon, and in such case, the
date upon which such notice was received by the county clerk shall be
deemed to be the date that an appeal was made to a hearing officer or
panel pursuant to K.S.A. 79-1606, and amendments thereto. A request
for binding arbitration shall be in lieu of an appeal to the hearing officer
or panel as provided in K.S.A. 79-1606, and amendments thereto.

      Every request for binding arbitration shall be promptly set for hearing
by the county clerk. The property owner and the board of county com-
missioners shall select an arbitrator to conduct the hearing from the list
prepared by the director of property valuation. In the absence of agree-
ment by the property owner and the board of county commissioners, the
administrative chief judge of the judicial district in which the property is
located shall select the arbitrator from the list. All such hearings shall be
completed on or before the last business day in June. The county clerk
shall notify the property owner and the county appraiser of the date for
hearing at least 10 days in advance of such hearing. Every request for
arbitration shall be determined by order of the arbitrator on or before
July 5, and the arbitrator shall have no authority to be in session there-
after. Such order may affirm the final determination of the county ap-
praiser, adopt the contentions of the property owner or make any other
decision supported by the preponderance of the evidence submitted.
Such recorded orders shall be open to public inspection. Notice of the
decision of the arbitrator shall be mailed by the county clerk to the prop-
erty owner and the county appraiser within 15 days of the hearing. The
decision of the arbitrator shall be final and not subject to appeal, and the
property owner shall be precluded from protesting the valuation of the
same property pursuant to K.S.A. 79-2005, and amendments thereto.

      The director of property valuation shall prescribe guidelines governing
the duties of arbitrators under this section.

      The provisions of this section shall apply to all taxable years commenc-
ing after December 31, 1992, through December 31, 1995.

      Sec.  72. K.S.A. 79-2804 is hereby amended to read as follows: 79-
2804. After the rendition of such judgment there shall be issued by the
clerk of the district court to the sheriff of the county an execution or
order of sale, which shall describe each tract, lot or piece of real estate
mentioned and described in such judgment or decree, on which the lien
has not been paid, with the amount of lien charged to each tract, lot or
piece of real estate and the costs, charges and expenses of the proceedings
and sale chargeable to each piece, lot or tract, in such amount as the court
may order. If no order is made, then a sum equal to 5% of the amount
set forth in the petition as the lien for taxes, charges, interest and penalties
chargeable to each tract, lot or piece of real estate, with the name of the
ascertained owner thereof, as disclosed by the judgment or decree, with
the command to advertise and sell the real estate described therein. Such
order of sale shall be delivered to the sheriff of the county, who shall
thereupon cause notice of sale to be published once each week for three
consecutive weeks in some newspaper of general circulation in the county,
in accordance with the provisions of K.S.A. 64-101, and amendments
thereto. The notice shall describe each tract, lot or piece of real estate to
be sold and the lien for which it is to be sold, as determined by the
judgment of the court and fix the date of sale, which shall not be less than
30 days from the date of the first publication. The notice shall state that
the sale will be held at the front door of the courthouse in the county or
shall identify some other location in the county where the sale will be
held, as selected by the administrative chief judge of the judicial district
in which the county is located.

      On the day fixed for the sale by such notice, the sheriff shall offer each
such tract, lot or piece of real estate for sale, separately, and the same
shall be sold at public auction for the highest and best bid obtainable
therefor. The sheriff may employ an auctioneer for such reasonable com-
pensation as may be determined by the court, to be allowed as a part of
the costs and expenses of the proceedings and sale. The sheriff or such
other person as may be authorized by the board of county commissioners,
if directed by the county commissioners, may bid at such sale in the name
of the county such amount as the county commissioners authorize. No
bid in behalf of such county shall be accepted in excess of the amount of
the judgment lien and interest thereon, as provided by law, plus the costs,
charges and expenses of the proceedings and sale as set forth in the ex-
ecution or order of sale. If the county is the successful bidder the costs,
charges and expenses of the proceeding and sale set forth in the execution
and order of sale shall be paid by the county to the clerk of the district
court and charged to the county general fund. If such sale, for want of
time, cannot be completed on the day fixed by the notice, it may be
adjourned from day to day until completed.

      The sheriff shall make return to the clerk and the same, as soon as
practicable, shall be examined by the court, and if found by the court to
be regular, it shall be confirmed, and the sheriff ordered to forthwith
execute to the purchasers at such sale a good and sufficient deed therefor.

      If one person or the county purchases more than one tract, lot or piece
of real estate, the same may be included in one deed. The deed shall be
executed by the sheriff and acknowledged before the clerk of the district
court. No particular form of deed shall be required. It shall be sufficient
if it shows the date of sale, a description of the property conveyed, the
amount for which each tract, lot or piece of real estate was sold, the name
of the purchaser, the date such sale was confirmed by the court and the
title of the suit in which the tax lien was foreclosed. The deed shall be
filed for record, by the sheriff at the time the deed is executed, in the
office of the register of deeds of the county where such real estate is
situated. Any fee or charge for such filing shall be collected from the
successful bidder at the time of sale and deposited with the register of
deeds at the time of recording. When the deed is filed it shall vest in the
purchaser or grantee therein named, as against all persons, including, but
not limited to, corporations and municipal corporations, parties to such
proceedings, a fee simple title thereto, subject only to valid covenants
running with the land and valid easement of record in use and subject to
taxes and interest which have become a lien thereon, subsequent to the
date upon which such judgment was rendered. Such deed shall be prima
facie evidence of the regularity of all proceedings prior to the date of
filing the same for record.

      After the sale and confirmation thereof by the court, an execution shall
issue, upon praecipe of the county attorney, county counselor or the pur-
chaser, requiring the officer to deliver possession of the real estate, par-
ticularly describing it, to the parties entitled thereto, including the county.
When the deed is executed to the county by the sheriff, it shall be filed
for record forthwith in the office of the register of deeds. Thereupon the
assessed valuation of such real estate shall be eliminated from the assess-
ment and tax rolls until such time as such real estate is sold as provided
by K.S.A. 79-2804f, and amendments thereto.

      Sec.  73. K.S.A. 19-204a, 19-15,123, 19-4705, 19-4737, 19-4809, 19-
4810, 19-4811, 20-158, 20-163, 20-310a, 20-311d, 20-319, 20-329, 20-335,
20-343, 20-345, 20-347, 20-349, 20-357, 20-365, 20-438, 20-3013, 22-
2804, 22-2807, 22-3101, 22-3708, 22-4009, 23-494, 23-499, 23-4,118, 23-
701, 38-555, 38-1812, 39-1702, 59-2402, 59-2402a, 59-2402b, 59-2402d,
59-2408, 60-465a, 60-2601a, 60-3502, 60-3503, 60-3505, 61-1720, 61-
1724, 61-2103, 61-2709, 65-205, 65-4901, 65-4902, 65-4904, 74-2434, 75-
3120g, 75-5297, 75-52,110, 79-1494 and 79-2804 and K.S.A. 1998 Supp.
8-1008, 12-4509, 20-159, 20-302b, 20-350, 21-4502, 22-3609, 22-3609a,
23-496, 23-497, 23-498, 38-1808, 44-555c and 72-8906 are hereby re-
pealed.

      Sec.  74. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

__________________________________

Speaker of the House

__________________________________

Chief Clerk of the House

Passed the SENATE ______________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate

APPROVED ______________________________

__________________________________

Governor