reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4610 Powers and duties of board; bylaws; rules and regulations; expenditures and investments; hospital administrator contracts; employees, appointment, bond and benefit plans.

19-4610.
Powers and duties of board; bylaws; rules and regulations; expenditures and investments; hospital administrator contracts; employees, appointment, bond and benefit plans.
(a) The board shall make and adopt such bylaws and rules and regulations for the management and control of the hospital as it deems necessary so long as the same are not inconsistent with this act, the statutes of the state of Kansas, the resolutions of the county and, if the hospital is located in a city, the ordinances of the city in which the hospital is located. The board shall have the exclusive control of the expenditures of all hospital moneys, except hospital moneys acquired through the issuance of revenue bonds, and all expenditures shall be subject to the approval of a majority of all the members of the board. The board is authorized to invest in any mutual insurance company organized by an association of health care providers to which the hospital belongs, enter into contracts with such company, pay any assessments pursuant to such contracts and arrange for the issuance of a letter of credit by any bank chartered by this state or which is a member bank of the federal reserve system. The board is charged with the supervision, care and custody of all hospital property. The board is authorized to enter into employment contracts to engage the services of an administrator or chief executive officer to manage the affairs of the hospital, to establish compensation for such services and to establish the terms of the engagement. The board may also require personal or surety bonds of all hospital employees entrusted with the handling of hospital moneys, such bonds to be in an amount to be determined and approved by the board.
(b) The board may establish and fund pension and deferred compensation plans and any other employee benefit plans for hospital employees and may procure contracts insuring hospital employees, their dependents, or any class or classes thereof, under a policy or policies covering one or more risks including, but not limited to, a policy or policies of life, disability income, health, accident, accidental death and dismemberment, and hospital, surgical and medical expense insurance or may provide for a plan of self-insurance for such purposes. The employee's contribution, if any, to the plan and to the premiums for insurance or for the expenses incurred by the board under a plan of self-insurance may be deducted by the employer from the employee's salary when authorized in writing by the employee.
History:
L. 1984, ch. 98, § 10; L. 1988, ch. 147, § 12; L. 2008, ch. 31, § 4; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4611 Lease of hospital property; contracts for management; emergency or ambulance service; expenditures for recruitment or retention of staff; loans and scholarships for staff; authority to sue; exemption from cash-basis law.

19-4611.
Lease of hospital property; contracts for management; emergency or ambulance service; expenditures for recruitment or retention of staff; loans and scholarships for staff; authority to sue; exemption from cash-basis law.
(a) The board may enter into written contracts for the lease of any hospital property to any person, corporation, society or association upon such terms and conditions as deemed necessary by the board.
(b) The board may enter into written contracts for the lease of real property to be used for hospital purposes from any person, corporation, society or association upon such terms and conditions as deemed necessary by the board.
(c) The board may enter into written contracts for the lease of personal property from any person, corporation, society or association upon such terms and conditions as deemed necessary by the board. Any such contract may provide for the payment as compensation for use of such personal property a sum substantially equivalent to or in excess of the value of the personal property under an agreement that the hospital shall become, or for no further or a merely nominal consideration has the option of becoming, the owner of the personal property upon full compliance with the provisions of the contract.
(d) The board may contract for the management of any hospital with any person, corporation, society or association upon such terms and conditions as deemed necessary by the board.
(e) The board may operate and maintain an emergency medical or ambulance service upon authorization by and under contract with the commission upon such terms and conditions as are specified by the commission.
(f) The board may expend funds as deemed necessary for the recruitment or retention of staff including, but not limited to, the purchase of professional liability insurance for such staff. Such expenditures may include the expenditure of funds for the provision of loans or scholarships to aid in financing the education of persons who agree, upon completion of their education, to become members of the staff.
(g) The board may sue in its own name or in the name of the hospital. The board may be sued and may defend any action brought against it or the hospital.
(h) The board is not subject to the cash-basis law.
History:
L. 1984, ch. 98, § 11; L. 1991, ch. 66, § 8; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4612 Levy for hospital.

19-4612.
Levy for hospital.
Notwithstanding any contract entered into by the commission or the board for the management and control of the hospital with any person, corporation, association or society, the commission or, in case of an elected board, the board may make such tax levies for the benefit of the hospital as are authorized by law.
History:
L. 1984, ch. 98, § 12; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4613 Eminent domain.

19-4613.
Eminent domain.
If the board and the owner of any real property desired by the board for hospital purposes cannot agree as to the price to be paid therefor, the board shall report the facts to the commission and condemnation proceedings may be instituted by the commission in the manner prescribed by article 5 of chapter 26 of Kansas Statutes Annotated.
History:
L. 1984, ch. 98, § 13; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4614 Construction projects; bids.

19-4614.
Construction projects; bids.
No hospital building or addition shall be erected or constructed until the plans and specifications have been made therefor, adopted by the board and approved by the commission, and bids advertised for according to law for other county public buildings.
History:
L. 1984, ch. 98, § 14; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4615 Jurisdiction over hospital located in a city.

19-4615.
Jurisdiction over hospital located in a city.
If a county hospital is located in a city, the jurisdiction of the city in which the hospital is located shall extend over all lands used for hospital purposes, and all ordinances of such city shall be in full force and effect in and over the territory occupied by such county hospital.
History:
L. 1984, ch. 98, § 15; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4616 Revenue bonds; notice; use of proceeds.

19-4616.
Revenue bonds; notice; use of proceeds.
The commission may issue and sell revenue bonds for the purpose of purchasing, leasing or otherwise acquiring an existing hospital building or buildings and improving, remodeling or repairing and equipping the same, or for the purpose of constructing, equipping and furnishing an addition to an existing county hospital and, if necessary, acquiring a site therefor, or for the purpose of acquiring a site for constructing, equipping and furnishing a new hospital building or facility, separate and apart from an existing county hospital. Before any such bonds shall be issued, the commission shall publish a resolution declaring its intention to issue such bonds, stating the purpose for which such bonds are to be issued and the amount thereof. Such resolution shall be published once each week for three consecutive weeks in the official county newspaper, or if there is no official county newspaper, a newspaper published as provided in K.S.A. 64-101, and amendments thereto.
History:
L. 1984, ch. 98, § 16; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4617 Pledge of certain revenues.

19-4617.
Pledge of certain revenues.
At or prior to the issuance of revenue bonds under authority of this act, the commission and the board shall pledge either the gross or the net income and revenues of the hospital to the payment of principal and interest of such revenue bonds and shall covenant to fix, maintain and collect such fees and charges for the use of the hospital as will produce revenues sufficient to pay the reasonable cost of operating and maintaining the hospital and to provide and maintain an interest and sinking fund in an amount adequate to promptly pay both principal and interest on such bonds and to provide a reasonable reserve fund. The commission may agree to pay the cost of operation and maintenance of the hospital from any other revenues of the commission or of the board legally available for such purpose. In addition, the commission in its discretion may pledge to the payment of principal and interest of such revenue bonds the proceeds of any gift, grant, donation or bequest which may be received by the commission or board from any source.
History:
L. 1984, ch. 98, § 17; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4618 Not an indebtedness of county or hospital; exempt from debt limit.

19-4618.
Not an indebtedness of county or hospital; exempt from debt limit.
Revenue bonds issued under authority of this act shall not be an indebtedness of the county or the hospital or of the commission or the individual members of the commission, or the board or the individual members of the board, and shall not constitute an indebtedness within the meaning of any constitutional or statutory limitation upon the incurring of indebtedness.
History:
L. 1984, ch. 98, § 18; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4619 Negotiability; interest rate; terms.

19-4619.
Negotiability; interest rate; terms.
Revenue bonds issued under authority of this act shall have all of the qualities and incidents of negotiable instruments, may bear interest at a rate not exceeding the maximum rate for revenue bonds prescribed in K.S.A. 10-1009, and amendments thereto, may bear such date, may mature at such time or times not exceeding 40 years from their date, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment and may be subject to such terms of redemption, with or without premium, as may be provided by resolution adopted by the commission.
Such bonds may be sold in such manner and at such price or prices not less than 95% of par and accrued interest to date of delivery as may be considered advisable by the commission.
History:
L. 1984, ch. 98, § 19; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4620 Covenants and agreements.

19-4620.
Covenants and agreements.
In order to secure the prompt payment of the principal and interest upon revenue bonds and the proper application of the revenue pledged thereto, the commission and the board are authorized to:
(a) Covenant as to the use and disposition of the proceeds of the sale of such bonds;
(b) covenant as to the operation of the hospital and the collection and disposition of the revenues derived from such operation;
(c) covenant as to the rights, liabilities, powers and duties arising from the pledge of any covenant and agreement into which it may enter in authorizing and issuing the bonds;
(d) covenant and agree to carry such insurance on the hospital and the use and occupancy thereof as may be considered desirable, and in its discretion to provide that the cost of such insurance shall be considered a part of the expense of operating the hospital;
(e) fix charges and fees to be imposed in connection with and for the use of the hospital and the facilities supplied thereby, which charges and fees shall be considered to be income and revenues derived from the operation of the hospital, and to make and enforce such rules and regulations with reference to the use of the hospital for the accomplishment of the purposes of this act;
(f) appoint a trustee to act under the terms of the resolution authorizing the issuance of the revenue bonds;
(g) covenant against the issuance of any other obligations payable on a parity from the revenues to be derived from the hospital;
(h) make covenants other than and in addition to those herein expressly mentioned of such character as may be considered necessary or advisable to effect the purposes of this act.
All such agreements and covenants entered into by the commission and the board shall be binding in all respects upon the commission and the board and their officers, agents, employees, and upon their successors, and all such agreements and covenants shall be enforceable by appropriate action or suit at law or in equity which may be brought by any holder or holders of bonds issued hereunder against the commission, or board, or their officials, agents, employees, or their successors. The rents, charges and fees to be imposed under the provisions of this act shall not be limited by the provisions of any prior act.
History:
L. 1984, ch. 98, § 20; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4621 Deposit of proceeds.

19-4621.
Deposit of proceeds.
The proceeds derived from the sale of the revenue bonds herein authorized shall be deposited to the credit of the commission in a bank, banks or other depositories designated by the commission and kept in a separate fund and used solely for the purpose for which the bonds are authorized. The commission is authorized to make all contracts and execute all instruments which in its discretion may be deemed necessary or advisable to provide for the purpose for which the bonds were issued, and to provide for the manner of disbursement of the funds for such purposes. Nothing contained in this act shall be construed as placing in the county general fund or other county fund any moneys collected under this act or requiring such action.
History:
L. 1984, ch. 98, § 21; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4622 Tax exemptions.

19-4622.
Tax exemptions.
The interest on the revenue bonds issued under this act shall be exempt from all state, county and municipal taxation in the state of Kansas.
History:
L. 1984, ch. 98, § 22; L. 2010, ch. 44, § 15; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4623 Investment of proceeds.

19-4623.
Investment of proceeds.
Any officer or officers, board or boards, having charge of any sinking fund or any other fund of the state of Kansas, or any department, agency or institution thereof, or any county, municipality or other public corporation or political subdivision, may invest such funds in bonds issued under the provisions of this act. Any bank, trust or insurance company organized under the laws of the state of Kansas may invest in revenue bonds issued under the provisions of this act. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.
History:
L. 1984, ch. 98, § 23; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4625 Termination of operation; procedure; election; disposition of property; abolition of board; transfer of moneys to county.

19-4625.
Termination of operation; procedure; election; disposition of property; abolition of board; transfer of moneys to county.
Any commission may close and terminate operation of a county hospital in accordance with the following provisions:
(a) Whenever the commission maintaining and operating the hospital shall determine, by resolution, that it is in the best interest of the county that operation of the hospital should be closed and terminated, or whenever a petition signed by not less than 5% of the qualified electors of a county requesting that operation of the hospital be closed and terminated is filed with the county clerk, there shall be submitted a proposition authorizing the same to the qualified electors of the county at the next regular county election or, if no regular county election is to be held within six months from the date of adoption of the resolution or filing of the petition, at a special election called for the purpose of submitting such proposition. If a majority of the votes cast on the proposition are in favor thereof, the commission shall perform all acts necessary to close and terminate the operation of the county hospital.
(b) If a majority of the votes cast at the election are in favor of the proposition submitted under the provisions of subsection (a), the commission may sell or donate and transfer and convey such hospital and all real and personal property owned by such county and used in connection with the operation of the hospital to a city in or near which the hospital is located subject to the approval and acceptance of such city, or to a hospital district established for such purpose, or to a nonprofit corporation to be owned, managed, maintained and operated as a hospital by such city, hospital district or corporation, or may dispose of all such real and personal property as authorized by law for the disposition of other county property. If the proposition submitted under subsection (a) fails to receive a majority of the votes cast in favor thereof, the county hospital shall be continued in operation.
(c) The commission and the board shall continue to pay the normal and usual operating expenses of the hospital, including such maintenance and repairs as are certified by the state fire marshal or the secretary of health and environment as being necessary for the safety of persons admitted to the hospital, until such time as operation of the hospital is terminated.
(d) The board of any hospital closed under the provisions of this section, is hereby abolished. The balance of any moneys remaining in any fund of the county hospital after termination of its operation and after payment and performance of any obligation thereof shall be transferred to the county general fund. Any records of a county hospital remaining after the closing and termination of operation thereof shall be transferred to the custody of the county clerk.
History:
L. 1984, ch. 98, § 25; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 46 - Hospitals And Related Facilities › 19-4626 No-fund warrants; purpose; procedure; tax levy.

19-4626.
No-fund warrants; purpose; procedure; tax levy.
(a) During any budget year, the board of county commissioners is hereby authorized to issue no-fund warrants for the purpose of raising money for financing any insufficiency in the operation and maintenance budget of the hospital during such year and is hereby authorized to expend such money for such purposes. In no case shall the amount of no-fund warrants issued under this section exceed the amount deemed necessary for such purposes. Warrants issued under this section shall be issued, registered, redeemed and shall bear interest in the manner prescribed by K.S.A. 79-2940, and amendments thereto.
Prior to the issuance of any no-fund warrants under the authority of this section, the board of county commissioners shall cause to be published once in a newspaper of general circulation within the county a notice of the intention of such board to issue such no-fund warrants. If within 60 days after the publication of such notice, a petition requesting an election on the question of the issuance of the no-fund warrants signed by not less than 5% of the qualified electors residing within the county is filed with the county election officer, the board of county commissioners shall be required to submit the question of the issuance of such no-fund warrants at an election held under the provisions of the general bond law.
(b) Whenever no-fund warrants are issued under the authority of this section, the board of county commissioners each year shall make a tax levy, in addition to the tax levy authorized under K.S.A. 19-4606, and amendments thereto, sufficient to pay not less than 25% of the total amount of the warrants issued under this section and the interest thereon until all of the warrants and the interest thereon has been paid. If there is money available from the operation of the hospital over and above the amount needed for the adopted budget, such money shall be used to pay for such warrants and the interest thereon, and the tax levy shall be only the difference, if any, between the money available to pay for such warrants and the interest thereon each year and the amount of the warrants and interest thereon to be paid each year.
(c) The provisions of this section shall be deemed supplemental to K.S.A. 19-4601 et seq., and amendments thereto.
History:
L. 1988, ch. 370, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4701 Citation of act.

19-4701.
Citation of act.
The provisions of K.S.A. 19-4701 through 19-4738 may be cited as the code for the enforcement of county codes and resolutions.
History:
L. 1988, ch. 102, § 5; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4702 Scope.

19-4702.
Scope.
This code governs the practice and procedure for the law enforcement and prosecution of county codes and resolutions in the district court as authorized under the provisions of K.S.A. 19-101d, and amendments thereto.
History:
L. 1988, ch. 102, § 6; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4703 Intent; construction; procedure not provided for.

19-4703.
Intent; construction; procedure not provided for.
This code is intended to provide for the just determination of violations of county codes and resolutions. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. If no procedure is provided by this code, the court shall proceed in any lawful manner consistent with any applicable law and not inconsistent with this code.
History:
L. 1988, ch. 102, § 7; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4704 District court; jurisdiction.

19-4704.
District court; jurisdiction.
The district court shall have jurisdiction to hear and determine cases under the procedures prescribed in this act for violation of all county codes and resolutions, but this code shall not apply to nor be utilized for the prosecution of any action which is defined as a traffic offense.
History:
L. 1988, ch. 102, § 8; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4705 Presiding judge; compensation.

19-4705.
Presiding judge; compensation.
Any action brought in accordance with the code shall be presided over by a district court judge designated by the 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 chief judge of the district court presiding in the county, in accordance with the provisions 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 enforcement and prosecution of violations of county codes and resolutions pursuant 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.
History:
L. 1988, ch. 102, § 9; L. 1999, ch. 57, § 5; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4706 Prosecution of actions.

19-4706.
Prosecution of actions.
The county counselor, such counselor's designee or such other attorney as the board of county commissioners shall specifically designate shall prosecute all actions brought pursuant to the code.
History:
L. 1988, ch. 102, § 10; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4707 Cost of enforcement; assessment; disposition.

19-4707.
Cost of enforcement; assessment; disposition.
(a) Except as provided in subsection (b), no person shall be assessed costs for enforcement and prosecution of violations of county codes and resolutions pursuant to this code, except for witness fees and mileage as set forth in K.S.A. 19-4726, and amendments thereto.
(b) The court shall assess as a cost in each case filed for violations of county codes and resolutions, a $20 assessment. The judge or clerk of the court shall remit $2 of such assessments received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount of the remittance in the state treasury and credit 50% to the protection from abuse fund established pursuant to K.S.A. 74-7325, and amendments thereto, and 50% to the crime victims assistance fund established pursuant to K.S.A. 74-7334, and amendments thereto. The remaining additional court costs shall be paid over to the county treasurer of the county where they are imposed for deposit in the county general fund.
History:
L. 1988, ch. 102, § 11; L. 1994, ch. 335, § 3; L. 1996, ch. 234, § 8; L. 2001, ch. 5, § 67; L. 2002, ch. 199, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4708 Definitions.

19-4708.
Definitions.
As used in this act:
(a) "Accused person" means a person, corporation or other legal entity accused by a complaint of the violation of a county code or resolution.
(b) "Arraignment" means the formal act of calling the person accused of violating a county code or resolution before the district court to inform the person of the offense with which the person is charged, to ask the person whether the person is guilty or not guilty and, if guilty, to impose fines and penalties.
(c) "Arrest" means the taking of a person into custody. The giving of a notice to appear is not an arrest.
(d) "Code enforcement officer" means any person who is appointed to administer or enforce county codes or resolutions adopted by the board of county commissioners and who are designated by resolution of such board as responsible code enforcement officials.
(e) "Complaint" means a sworn written statement, or a written statement by a law enforcement officer or code enforcement officer, of the essential facts constituting a violation of a county code or resolution.
(f) "County counselor" is the county counselor as appointed by the board of county commissioners or the county counselor's designee, or for the purposes of this act, such attorney as the board of county commissioners shall specifically designate.
(g) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order and to make arrests for violation of the laws of the state of Kansas or resolutions of any county thereof, except such term shall not include code enforcement officers.
(h) "Notice to appear" is a written notice to a person accused by a complaint of having violated a county code or resolution to appear at a stated time and place to answer to the charge of the complaint.
(i) "Subpoena" is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified.
(j) "Traffic offense" is a violation of a county code or resolution that proscribes or requires the same behavior as that proscribed or required by the uniform act regulating traffic on highways, except such term shall not include any violation concerning parking in a prohibited area, abandonment of a motor vehicle or operation of a motor vehicle on property owned by the county.
(k) "Warrant" is a written order made by a judge directed to any law enforcement officer, commanding the officer to arrest the person named or described in it.
History:
L. 1988, ch. 102, § 12; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4709 Commencement of prosecution.

19-4709.
Commencement of prosecution.
The prosecution for the violation of county codes and resolutions pursuant to this code shall be commenced by the filing of a complaint with the district court.
History:
L. 1988, ch. 102, § 13; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4710 Complaint; sufficiency.

19-4710.
Complaint; sufficiency.
A complaint shall be in writing and shall be signed by the complainant. More than one violation may be charged in the same complaint. A complaint shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History:
L. 1988, ch. 102, § 14; L. 2006, ch. 62, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4711 Service of complaint and notice to appear.

19-4711.
Service of complaint and notice to appear.
A copy of the complaint shall be served, together with a notice to appear, by a law enforcement officer or code enforcement officer upon the accused person, and forthwith, the complaint shall be filed with the district court, except that a complaint may be filed initially with the district court pursuant to this code, and if so filed, a copy of the complaint shall forthwith be delivered to the county counselor. The county counselor shall cause to be issued a notice to appear.
If a county counselor fails to cause a notice to appear on a complaint initially filed with the district court pursuant to this code, the judge, upon affidavits filed with such judge alleging the violation of a county code or resolution, may order the county counselor to institute proceedings against any person.
History:
L. 1988, ch. 102, § 15; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4712 Notice to appear; contents; sufficiency.

19-4712.
Notice to appear; contents; sufficiency.
A notice to appear shall describe the offense charged, shall summon the accused person to appear, shall contain a space in which the accused person may agree, in writing, to appear at a time not less than five days after such notice to appear is given, unless the accused person shall demand an earlier hearing. A notice to appear may be signed by a judge, the clerk of the district court, the county counselor, or any law enforcement officer or code enforcement officer.
A notice to appear shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History:
L. 1988, ch. 102, § 16; L. 2006, ch. 62, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4713 Uniform complaint and notice to appear; sufficiency.

19-4713.
Uniform complaint and notice to appear; sufficiency.
In all cases a complaint and notice to appear may be made in the form of the uniform complaint and notice to appear which shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History:
L. 1988, ch. 102, § 17; L. 2006, ch. 62, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4714 Notice to appear; when used.

19-4714.
Notice to appear; when used.
A notice to appear shall be used in all cases involving the violation of a county code or resolution.
History:
L. 1988, ch. 102, § 18; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4715 Service of notice; procedure; verification, sufficiency.

19-4715.
Service of notice; procedure; verification, sufficiency.
The notice to appear shall be served upon the accused person by delivering a copy to such person personally, or by leaving it at the dwelling house of the accused person or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the last known address of such person. A notice to appear may be served by any law enforcement officer or code enforcement officer within the state and, if mailed, shall be mailed by a law enforcement officer or code enforcement officer or the clerk of the district court. Upon service by mail, the law enforcement officer or code enforcement officer or the clerk of the district court shall execute a verification to be filed with a copy of the notice to appear. Such verification shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History: L. 1988, ch. 102, § 19; L. 2006, ch. 62, § 4; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4715a Electronic citations.

19-4715a.
Electronic citations.
(a) As used in this section:
(1) "Electronic citation" means a charging citation, complaint or notice to appear which is prepared by a law enforcement officer in an electronic data device with intent that the data collected will be electronically filed with a court as provided in K.S.A. 19-4709 through 19-4715, and amendments thereto, for prosecution of a violation of a county code or resolution. The data elements collected shall conform to the requirements of K.S.A. 19-4709 through 19-4715, and amendments thereto, or the requirements of the secretary of revenue or the secretary's designee pursuant to K.S.A. 79-3393, and amendments thereto, as applicable.
(2) "Electronic citation system" means the device, database or computer software used to create, store, transmit or exchange the data included in an electronic citation.
(3) "Electronic signature" means an electronic signature having legal effect pursuant to the Kansas uniform electronic transaction act, K.S.A. 16-1601 et seq., and amendments thereto.
(b) For purposes of an electronic citation, including the notice to appear and complaint, issued under this section, an electronic signature indicated by the law enforcement officer's typed name, agency and agency identification number has the same effect and is as sufficient as a manual signature as required pursuant to K.S.A. 19-4710, 19-4712, 19-4715, subsection (b) of 22-3201 or 79-3393, and amendments thereto.
(c) A notice to appear, complaint or citation as provided in K.S.A. 19-4709 through 19-4715 or 79-3393, and amendments thereto, shall be deemed to be written if on a paper form or in a document printed from an electronic citation system.
(d) For purposes of signing a notice to appear as provided in K.S.A. 8-2107 and 19-4712, and amendments thereto, a person being charged by a law enforcement officer shall be deemed to have signed the notice to appear if the person physically signs the paper notice to appear or, in the case of an electronic citation, verbally acknowledges that the person promises to appear on or before the date set at or with the designated court. To secure a verbal promise to appear, the law enforcement officer shall ask, "Do you agree to appear at the              court on or before     (date)    ?" The officer shall accurately record the response of the person being charged as: Yes, no or no response.
(e) This section shall be part of and supplemental to the code for enforcement of county codes and resolutions.
History:
L. 2010, ch. 56, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4716 Schedule of fines for violations; waiver of right to trial; voluntary appearance; plea of guilty or no contest.

19-4716.
Schedule of fines for violations; waiver of right to trial; voluntary appearance; plea of guilty or no contest.
(a) The board of county commissioners shall establish a schedule of fines which shall be imposed for violations of county codes and resolutions. Any fine established shall be within the minimum and maximum allowable fines established by county resolutions for such offenses by the board of county commissioners.
(b) A person charged with the violation of a county code or resolution contained in a schedule of fines established under subsection (a) shall, except as provided in subsection (c), appear at the place and time specified in the notice to appear. If the person enters an appearance, waives right to trial, pleads guilty or no contest, the fine shall be no greater than that specified in the schedule.
(c) Prior to the time specified in the notice to appear, a person charged with the violation of a county code or resolution contained in a schedule of fines established under subsection (a) may enter an appearance, waive right to trial, plead guilty or no contest and pay the fine for the violation as specified in the schedule. At the election of the person charged, such appearance, waiver, plea and payment may be made by any means accepted by the court. The complaint shall not have been complied with if a payment is not honored for any reason, or the fine is not paid in full prior to the time specified in the notice to appear. When a person charged with violating a county code or resolution on a schedule of fines makes payment without executing a written waiver of right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of right to trial and plea of no contest.
The judge may authorize the clerk of the district court or some other person to accept by mail, in person or other means as ordered by the court, such voluntary appearance, plea of guilty or no contest and payment of the fine imposed by the schedule.
The schedule of fines and persons authorized to accept such pleas shall be conspicuously displayed in the office where such voluntary appearance, plea of guilty and payment of fine occurs.
(d) No person who violates a county code or resolution and is prosecuted under this code shall be imprisoned for such violation.
History:
L. 1988, ch. 102, § 20; L. 2010, ch. 70, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4717 Time of plea.

19-4717.
Time of plea.
Every person charged with violation of a county code or resolution shall receive a copy of the complaint, and shall not be required to plead until such person shall have had a reasonable time to examine such complaint, to obtain counsel and to determine such person's plea.
History:
L. 1988, ch. 102, § 21; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4718 Appearance of accused person.

19-4718.
Appearance of accused person.
(a) The judge may compel the appearance of an accused person. Upon verified application of the attorney prosecuting any complaint or upon a finding of cause by the court that any accused person has or will fail to appear on any summons and notice to appear, the judge may:
(1) Issue an order to appear in the manner provided in K.S.A. 19-4715, and amendments thereto, for notices to appear, which shall then be punishable by a contempt citation should the person fail to comply with the order;
(2) order the posting of an appearance bond in the manner provided under K.S.A. 12-4301 et seq., and amendments thereto; or
(3) issue a bench warrant compelling the appearance of the accused person before the court.
(b) In addition to the procedures provided in K.S.A. 19-4716, and amendments thereto, the judge, upon request, may permit appearance, pleas and satisfaction of the judgment and sentence of the court by counsel or by mail.
History:
L. 1988, ch. 102, § 22; L. 1992, ch. 83, § 1; April 23.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4719 Time of arraignment.

19-4719.
Time of arraignment.
Accused persons shall be arraigned:
(a) At the time specified in the notice to appear; or
(b) if no date be specified, then on the earliest date when the court convenes.
History:
L. 1988, ch. 102, § 23; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4720 Arraignment.

19-4720.
Arraignment.
Arraignment shall be conducted in open court by stating to the accused person the substance of the charge and calling upon such person to plead thereto. Arraignment for purposes of accepting plea of not guilty may be accomplished by telephone, mail or appearance by counsel.
History:
L. 1988, ch. 102, § 24; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4721 Pleas; refusal to plead.

19-4721.
Pleas; refusal to plead.
(a) A plea of guilty is an admission of the charge and every material fact alleged therein.
(b) A plea of no contest is a formal declaration that the accused person does not contest the charge. When such a plea is entered, a finding of guilty may be adjudged thereon. The plea cannot be used against the accused person as an admission in any other action based on the same act.
(c) A plea of not guilty denies and puts into issue every material fact alleged in the charge.
(d) If the accused person refuses to plead, the court shall enter a plea of not guilty.
History:
L. 1988, ch. 102, § 25; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4722 Procedure upon plea of guilty.

19-4722.
Procedure upon plea of guilty.
If the accused person pleads guilty, the judge may hear evidence touching on the nature of the case, or otherwise ascertain the facts thereof, and after such hearing, may refuse to accept the plea or may accept the plea, assess the punishment and enter the proper judgment.
History:
L. 1988, ch. 102, § 26; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4723 Criminal procedure code, applicable; motions.

19-4723.
Criminal procedure code, applicable; motions.
The Kansas code of criminal procedure shall govern, insofar as applicable, the filing and disposition of motions. Motions may be oral or written.
History:
L. 1988, ch. 102, § 27; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4724 Continuances.

19-4724.
Continuances.
The judge may grant a continuance of the trial or any hearing upon a showing of good cause, except as set out in K.S.A. 19-4727.
History:
L. 1988, ch. 102, § 28; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4725 Discovery; depositions.

19-4725.
Discovery; depositions.
The accused person shall be permitted to inspect all matters relevant to the case. Depositions shall not be taken or used except by written agreement of both parties filed with the court or by order of the court upon such conditions as the court may prescribe.
History:
L. 1988, ch. 102, § 29; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4726 Subpoenas; witnesses' expenses; abuse of subpoenas.

19-4726.
Subpoenas; witnesses' expenses; abuse of subpoenas.
All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the state. The judge or clerk of the district court shall issue a subpoena which may be served by any law enforcement officer or code enforcement officer upon the named person. Disobedience may constitute contempt.
Fees and mileage of witnesses shall be $2.50 per day or any part thereof for an appearance and $.10 per mile actually driven beyond 10 miles. The fees and mileage for the attendance of witnesses shall be paid by the party calling the witnesses, except that if an accused person is found not guilty, the county shall pay all such expenses. The judge may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the judge finds that there has been an abuse of the use of subpoenas by the accused person.
History:
L. 1988, ch. 102, § 30; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4727 Plea of not guilty; trial; time; continuance.

19-4727.
Plea of not guilty; trial; time; continuance.
An accused person entering a plea of not guilty, or for whom the court entered a plea of not guilty, shall be tried on the earliest practical day set by the court, unless trial is continued for good cause.
History:
L. 1988, ch. 102, § 31; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4728 Trial.

19-4728.
Trial.
All trials under this code shall be conducted before a judge and an accused person shall not have a right to have such person's trial conducted before a jury.
History:
L. 1988, ch. 102, § 32; April 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 47 - Code For The Enforcement Of County Codes And Resolutions › 19-4729 Order of presentation of trial.

19-4729.
Order of presentation of trial.
The order of trial shall be:
(a) Opening statement of prosecution, unless waived;
(b) evidence by the prosecution;
(c) opening statement of accused person, unless waived;
(d) evidence by the accused person, unless waived;
(e) rebuttal evidence, unless waived; and
(f) closing arguments, unless waived.
History:
L. 1988, ch. 102, § 33; April 21.