reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 38 - Industrial And Economic Development › 12-3807 Same; severability.

12-3807.
Same; severability.
If any section, sentence, subdivision, or clause of this act shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining portions of this act.
History:
L. 1974, ch. 49, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3901 Purpose of act.

12-3901.
Purpose of act.
It is the purpose of this act to authorize and permit political and taxing subdivisions of this state to more efficiently and effectively serve the needs of their constituents by consolidating or cooperating in the consolidation of operations, procedures and functions of offices and agencies of such subdivisions which may be more efficiently and effectively exercised or provided by a single office or agency.
History:
L. 1974, ch. 426, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3902 Political and taxing subdivisions defined.

12-3902.
Political and taxing subdivisions defined.
For the purposes of this act all references to "political and taxing subdivisions of this state" shall mean and include counties, townships, cities, school districts, library districts, park districts, road districts, drainage or levee districts, sewer districts, water districts, fire districts and taxing subdivisions created and established under the laws of the state of Kansas.
History:
L. 1974, ch. 426, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3904 Same; procedures, functions; petition; election.

12-3904.
Same; procedures, functions; petition; election.
Whenever a petition, signed by not less than 10% of the qualified electors of any political or taxing subdivision of this state or any two or more political or taxing subdivisions of this state, shall be filed with the governing body of such subdivision or subdivisions requesting that a proposition for the consolidation of specified operations, procedures and functions of designated offices or agencies of such subdivision or subdivisions be submitted to the electors thereof, such governing body or governing bodies shall submit such proposition at an election called and held for such purpose in the manner provided by the general bond law. The wording of such a petitioned-for proposition affecting the functions of two or more subdivisions shall be expressed in general terms. If the proposition is approved by a majority of the electors voting thereon, the governing body or governing bodies shall develop and implement a plan for the consolidation consistent with the intent of the proposition. If such proposition eliminates an elective office by consolidation, the governing body of such subdivision or subdivisions shall provide for the hearing by K.S.A. 12-3903, and amendments thereto. The governing body shall submit such proposition at the next regular general election of the county in which the office of governor is elected in accordance with K.S.A. 12-3903, and amendments thereto.
History:
L. 1974, ch. 426, § 4; L. 1988, ch. 80, § 2; L. 1992, ch. 77, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3905 Same; subdivision not relieved of obligation or responsibility imposed by law.

12-3905.
Same; subdivision not relieved of obligation or responsibility imposed by law.
No consolidation proceeding or agreement made pursuant to this act shall relieve any political or taxing subdivision of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, said performance may be offered in satisfaction of the obligation or responsibility.
History:
L. 1974, ch. 426, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3906 Same; submission of agreements affecting state functions and services to state officer or agency for approval.

12-3906.
Same; submission of agreements affecting state functions and services to state officer or agency for approval.
In the event that any consolidation proceeding or agreement between political or taxing subdivisions made pursuant to this act shall affect functions or services over which an officer or agency of the state government has constitutional or statutory powers of control, the consolidation proceeding or agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the officer or agency as to all matters within the jurisdiction of the officer or agency.
History:
L. 1974, ch. 426, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3907 Same; consolidated office or agency successor to offices or agencies consolidated.

12-3907.
Same; consolidated office or agency successor to offices or agencies consolidated.
Except when otherwise specifically provided by the resolution or resolutions providing for the consolidation of offices or agencies under the provisions of this act, the consolidated office or agency shall be the successor in every way to the powers, duties and functions now or hereafter granted to or imposed by law upon the offices or agencies so consolidated.
History:
L. 1974, ch. 426, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3908 Same; appropriation of funds and providing services and personnel to surviving office or agency.

12-3908.
Same; appropriation of funds and providing services and personnel to surviving office or agency.
Any political or taxing subdivision of this state entering into an agreement with any other such political or taxing subdivision pursuant to this act may appropriate funds and may sell, lease, give, or otherwise supply to any surviving office or agency designated by an agreement made hereunder such personnel or services therefor as may be within its legal power to furnish.
History:
L. 1974, ch. 426, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3909 Act not authority for consolidation of political or taxing subdivisions or closing or change in school attendance facilities.

12-3909.
Act not authority for consolidation of political or taxing subdivisions or closing or change in school attendance facilities.
Nothing in this act shall be construed as authorizing the consolidation of any political or taxing subdivision with any other political or taxing subdivision. Nothing in this act shall be construed to authorize the closing or the change of use of any school or attendance facility.
History:
L. 1974, ch. 426, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3910 Consolidation of fire districts and fire departments; application of act.

12-3910.
Consolidation of fire districts and fire departments; application of act.
The provisions of this act shall apply to any fire district created by a county under chapter 19 of the Kansas Statutes Annotated, to any fire district created by a township under chapter 80 of the Kansas Statutes Annotated, to any fire district created under chapter 31 of the Kansas Statutes Annotated, and to any fire department created by the governing body of a city.
History:
L. 1996, ch. 226, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3911 Same; districts or departments; initiation of procedure.

12-3911.
Same; districts or departments; initiation of procedure.
Upon the request of the governing body of two or more fire districts or departments, the board of county commissioners of any county, by resolution, may provide for the consolidation of fire districts and may include within the newly created district any area not currently being provided fire protection.
History:
L. 1996, ch. 226, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3912 Same; districts or departments in adjoining counties.

12-3912.
Same; districts or departments in adjoining counties.
If the fire districts or departments desiring to be consolidated consist of land in adjoining counties, the county commissions of both counties, by resolution, may create a new district under the provisions of this act.
History:
L. 1996, ch. 226, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3913 Same; procedure; resolution, publication; election, when; effective date; initial mill levy of new district.

12-3913.
Same; procedure; resolution, publication; election, when; effective date; initial mill levy of new district.
(a) The resolution creating a consolidated fire district as provided by this act, shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the area subject to the proposed consolidation. If within 60 days following the last publication of the resolution, a petition in opposition thereto, signed by not less than 5% of the registered voters residing within each of the two or more areas proposed for consolidation is filed with the county election officer, the board shall order an election to be called and held within the areas proposed to be consolidated within 90 days after the filing of such petition in the manner provided for the calling and holding of elections under the general bond law. If a majority of the electors voting at such election shall approve the consolidation of such areas the board of county commissioners, by resolution, shall provide for the consolidation of such areas and define the boundaries of the area as consolidated. Any such consolidation shall be made prior to July 1 of any year to take effect on January 1 of the succeeding year.
(b) Any resolution creating a consolidated fire district shall provide for the dissolution or disorganization of the fire districts as they existed prior to the effective date of the creation of a consolidated fire district. The resolution creating a consolidated fire district also shall fix the amount of tax, not to exceed 15 mills, that may be levied by the governing body of the consolidated fire district.
History:
L. 1996, ch. 226, § 4; L. 2008, ch. 163, § 17; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3915 Same; governing body of consolidated district, powers and duties.

12-3915. Same; governing body of consolidated district, powers and duties.
The governing body of any fire district created pursuant to this act shall have the authority to:
(a) Levy taxes and special assessments as provided by law. Except as provided by K.S.A. 12-3913, and amendments thereto, the governing body shall fix the amount of the tax to be levied upon all taxable tangible property in the consolidated fire district;
(b) enter into contracts;
(c) acquire and dispose of real and personal property;
(d) acquire, construct, reconstruct, equip, operate, maintain and furnish buildings to house fire-fighting equipment;
(e) acquire, operate and maintain fire-fighting equipment;
(f) issue general obligation bonds and no-fund warrants;
(g) pay compensation and salaries to fire district employees;
(h) exercise eminent domain;
(i) pay the operation and maintenance expenses of the fire district and other expenses legally incurred by the district;
(j) select regular employees, provide for their compensation and furnish quarters for such employees if deemed desirable;
(k) provide for the organization of volunteer members who may be compensated for fighting fires, responding to emergencies or attending meetings;
(l) provide special clothing and equipment for such employees and volunteers;
(m) insure such employees and volunteers against accidental death and injury in the performance of their duties;
(n) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto. The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed; and
(o) do all things necessary or desirable to maintain and operate such department so as to furnish fire protection for the inhabitants of the district and otherwise effectuate the purposes of this act.
History:
L. 1996, ch. 226, § 6; L. 2002, ch. 150, § 1; L. 2004, ch. 26, § 1; L. 2008, ch. 163, § 19; L. 2015, ch. 99, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3916 Same; transfer of property; payment of outstanding indebtedness; transfer of debt service fund.

12-3916.
Same; transfer of property; payment of outstanding indebtedness; transfer of debt service fund.
(a) Subject to the provisions of subsection (b), the books, papers, equipment and other real and personal property belonging to the departments consolidated pursuant to this act shall be transferred to and shall become the property of the consolidated district, subject to any debts, leases or other obligations that encumber such property.
(b) All funds in the treasury of any such fire district on the effective date of consolidation may be applied to the payment of any outstanding indebtedness, including bonded indebtedness, of such fire district, and may be transferred to the treasury of the newly created consolidated fire district as determined by the board of county commissioners. Any debt service fund of such fire district at the time of consolidation may be transferred to the newly created consolidated fire district. Any money transferred from the debt service fund of the fire district shall be credited to a debt service fund in the newly created consolidated fire district. The debt service fund of the newly created consolidated fire district shall be kept separate from any other debt service fund.
History:
L. 1996, ch. 226, § 7; L. 2008, ch. 163, § 20; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3917 Same; outstanding indebtedness; tax levy for payment of.

12-3917.
Same; outstanding indebtedness; tax levy for payment of.
If any fire district, at the time of such consolidation, has any outstanding indebtedness, it shall be the duty of the board of county commissioners of the county to provide for the payment of such outstanding indebtedness by providing for the levying of taxes upon all the property in that district prior to the consolidation with another district. The levy shall be entered by the county clerk on the tax roll the same as other taxes.
History:
L. 1996, ch. 226, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3918 Same; effect on firefighters' retirement or other benefits.

12-3918.
Same; effect on firefighters' retirement or other benefits.
The consolidation of any fire district under the provisions of this act shall not affect the rights of any firefighter serving in the department of such district to benefits under any retirement or relief association program accrued prior to the consolidation, however the newly created consolidated fire district may provide different benefits than those previously provided to the employees of the fire districts or departments that are consolidated.
History:
L. 1996, ch. 226, § 9; L. 2008, ch. 163, § 21; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3919 Same; fire district, powers and duties.

12-3919.
Same; fire district, powers and duties.
Unless otherwise specifically provided in this act, any fire district created under the provisions of this act, shall have all the duties, rights and obligations of any department created under chapter 19 of the Kansas Statutes Annotated.
History:
L. 1996, ch. 226, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3920 Northwest consolidated fire district.

12-3920.
Northwest consolidated fire district.
From and after July 1, 2008, whenever an agreement of consolidation of fire services pursuant to K.S.A. 12-3910 et seq., and amendments thereto, is made between or among the city of De Soto, Kansas and Johnson county fire district no. 3, the newly created consolidated fire district shall be known and designated as Northwest consolidated fire district.
History:
L. 2008, ch. 163, § 16; May 29.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3921 Cities and counties; procedure to dissolve special districts and assume powers and duties; special districts defined.

12-3921. Cities and counties; procedure to dissolve special districts and assume powers and duties; special districts defined.
(a) It is the purpose of K.S.A. 12-3921 through 12-3923, and amendments thereto, to establish a procedure for any city or county to assume the powers, responsibilities and duties of any special district located within the city's corporate limits or the county's boundaries and to provide for the dissolution of the special district. No such dissolution shall take place until approved by a joint resolution adopted by the city or county and the special district as provided in K.S.A. 12-3922, and amendments thereto.
(b) For purposes of K.S.A. 12-3921 through 12-3923, and amendments thereto, "special district" includes airport authorities, cemetery districts, drainage districts, fire districts, industrial districts, library districts, port authorities, rural water districts, sewer districts and rural watershed districts.
History:
L. 2021, ch. 16, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3922 Joint agreement; public hearing; adoption of city ordinance or county resolution dissolving special district.

12-3922. Joint agreement; public hearing; adoption of city ordinance or county resolution dissolving special district.
(a) The governing bodies of any special district and any city or county that have reached an agreement that the city or county shall assume all powers, responsibilities and duties of the special district shall pass a joint resolution stating their intent to bring about such dissolution and setting the time and place for a joint public hearing on this issue. The joint resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation in the county or counties where the city or county and special district are located. Once the governing bodies have passed the joint resolution stating their intent to bring about the dissolution, the special district shall not issue new debt without first notifying the governing body of the city or county and having the new debt approved by the city or county governing body by resolution.
(b) Following the public hearing, the governing bodies of the special district and the city or county shall decide to proceed with or abandon the proposed dissolution. If both governing bodies agree to proceed with the dissolution and assumption of the powers and responsibilities of the special district by the city or county, as evidenced by formal action of each body, the city or county shall adopt an ordinance or county resolution dissolving the special district and assuming all powers, responsibilities and duties of the special district. The special district shall be deemed dissolved on the effective date of the ordinance or county resolution. A copy of the ordinance or county resolution shall be provided to the county clerk.
History:
L. 2021, ch. 16, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 39 - Governmental Organization › 12-3923 City or county; acquisition of property and funds of special district; assumption of debt and other obligations.

12-3923. City or county; acquisition of property and funds of special district; assumption of debt and other obligations.
(a) Upon the dissolution of the special district, the city or county shall acquire the property of the special district subject to any leases or agreements duly and validly made by the district. The city or county shall be responsible for the payment or retirement of any special district debts or obligations. All property, funds and assets of the district shall be vested in the city or county.
(b) The city or county shall be the successor in every way to the powers, duties and functions of the special district. Every act performed in the exercise of such transferred powers, duties and functions by the city or county shall be deemed to have the same force and effect as if performed by the special district.
(c) Whenever the special district, or words of like effect, are referred to or designated by a contract or other document and such reference is in regard to any of the powers, duties and functions transferred to the city or county, such reference or designation shall be deemed to apply to the city or county as the context requires.
(d) The city or county shall have the legal custody of all records, memoranda, writings, entries, prints, representations, electronic data or combinations thereof of any act, transaction, occurrence or event of the special district.
(e) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or that could have been commenced, by or against the special district prior to its dissolution or by or against any officer of the district, prior to its dissolution in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of the district or of any such officer.
History:
L. 2021, ch. 16, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 40 - Intergovernmental Relations › 12-4001 Kansas advisory council on intergovernmental relations; membership; terms; officers.

12-4001.
Kansas advisory council on intergovernmental relations; membership; terms; officers.
(a) There is hereby created a Kansas advisory council on intergovernmental relations. The council shall be composed of 15 members of whom 11 shall be appointed by the governor as follows: (1) Two members shall be elected county officials of which, one shall be a member of a board of county commissioners; (2) two members shall be elected city officials; (3) one member shall be an elected township official; (4) one member shall be an elected school board member; (5) two members shall be executive branch officials; and (6) three members shall be private citizens. Two members of the council shall be members of the Kansas senate of which, one shall be appointed by the president of the senate and one shall be appointed by the minority leader of the senate. Two members of the council shall be members of the Kansas house of representatives of which, one shall be appointed by the speaker of the house and one shall be appointed by the minority leader of the house.
City, county and school board members shall be appointed from lists of at least five nominees submitted by their respective state organizations. Of the members appointed by the governor, no more than seven members shall be from any one political party.
(b) Of the first members appointed by the governor after the effective date of this act, one member of each city and county, the township and school board member, one executive branch member and one private citizen shall hold office for terms of two years beginning July 1, 2002; thereafter all appointments shall be for terms of four years. The remaining members appointed by the governor shall be for terms of four years beginning July 1, 2002. Legislative members shall be appointed to terms which correspond to their terms of office. All members may be reappointed. Should any member cease to be a member of the unit, body or agency such person is appointed to represent, such person's membership on the council shall terminate immediately and a new member shall be appointed in the same manner as the predecessor to fill the unexpired term.
(c) Members shall serve without salary but may be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties.
(d) The council shall each year elect from its membership a chairperson and a vice-chairperson, who shall serve in such capacities for one year and until their successors have been elected. If both the chairperson and vice-chairperson are absent from any meeting, the voting members present shall elect a temporary chairperson by a majority vote.
(e) Eight members of the council shall constitute a quorum. Meetings and subcommittee meetings of the council shall be subject to the open meetings law.
History:
L. 2002, ch. 189, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 40 - Intergovernmental Relations › 12-4002 Same; duties; annual report.

12-4002.
Same; duties; annual report.
(a) It shall be the duty of the council to engage in continuous study of the services provided by the various types and levels of government within the state, the division of responsibility for providing and financing governmental services, possibilities of improving the organizational structure and operational efficiency of the various governmental units serving the citizens of the state; and the state and local tax structure and the revenue requirements and fiscal policies of the state and its local units of government. The council shall give particular attention to modernization of the structure of Kansas local government, the impact of urbanization on the organization and functions of local government, the impact of technology on the organization and functions of local government and the relationships between state and local governments.
(b) The council shall determine the manner in which the existing laws of the state relating to the subjects of its study may be simplified, modified, rearranged, consolidated and revised to insure greater effectiveness in the governmental practices of this state. The council shall make an annual report in writing to the governor and legislature. Such report shall be transmitted to the legislative coordinating council on or before December 1, for inclusion, as the coordinating council may determine, in its annual report. All recommendations requiring statutory changes shall be in legislative bill form. Recommendations requiring constitutional changes shall contain the language of the proposed amendments and laws to implement the recommendations. All such bills and proposed constitutional amendments shall have received approval as to form by the revisor of statutes prior to transmission thereof to the legislative coordinating council.
History:
L. 2002, ch. 189, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 40 - Intergovernmental Relations › 12-4003 Same; duties of state and local officers.

12-4003.
Same; duties of state and local officers.
Each officer, board, commission or department of state government or local unit of government, shall make available to the council all facts, records, information and data requested by council and in all ways cooperate with the council in carrying out its duties imposed by this act.
History:
L. 2002, ch. 189, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 40 - Intergovernmental Relations › 12-4004 Same; meetings.

12-4004.
Same; meetings.
The council shall meet as often as may be necessary to perform its duties and shall meet in each congressional district of the state at least once in each biennium.
History:
L. 2002, ch. 189, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 40 - Intergovernmental Relations › 12-4005 Same; acceptance of gifts and other donations.

12-4005.
Same; acceptance of gifts and other donations.
The council may accept moneys from grants, gifts, bequests, contributions or other donations.
History:
L. 2002, ch. 189, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 40 - Intergovernmental Relations › 12-4006 Same; legal counsel; expert advisors.

12-4006.
Same; legal counsel; expert advisors.
The council is hereby authorized to engage legal counsel and expert advisors on the subject of taxation or governmental organization and procedures as may be necessary to carry out the duties of the council. Compensation for such counsel and advisors shall be determined by the council within the limits of available funds.
History:
L. 2002, ch. 189, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 40 - Intergovernmental Relations › 12-4007 Same; state and local officers attendance of meetings.

12-4007.
Same; state and local officers attendance of meetings.
Any member of the legislature, appointed state official or elected public official shall have the right to attend any meeting of the council; and may present such official's views on any subject which the council may be considering. Such official shall not have the right to participate in any decision which the council may make unless such official is a member of the council.
History:
L. 2002, ch. 189, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 40 - Intergovernmental Relations › 12-4008 Same; rules of procedure.

12-4008.
Same; rules of procedure.
The council may adopt such rules of procedure, consistent with this act, as may be necessary to carry out the powers, duties and functions of the council.
History:
L. 2002, ch. 189, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4103 Intent; construction; procedure not provided.

12-4103.
Intent; construction; procedure not provided.
This code is intended to provide for the just determination of every proceeding for violation of city ordinances. 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. 1973, ch. 61, § 12-4103; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4104 Municipal court; jurisdiction; search warrants proscribed.

12-4104. Municipal court; jurisdiction; search warrants proscribed.
(a) The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city, including concurrent jurisdiction to hear and determine a violation of an ordinance when the elements of such ordinance violation are the same as the elements of a violation of one of the following state statutes and would constitute, and be punished as, a felony if charged in district court:
(1) K.S.A. 8-1567, and amendments thereto, driving under the influence;
(2) K.S.A. 21-5414, and amendments thereto, domestic battery;
(3) K.S.A. 21-5801, and amendments thereto, theft;
(4) K.S.A. 21-5821, and amendments thereto, giving a worthless check; or
(5) subsection (b)(3) of K.S.A. 21-5706, and amendments thereto, possession of marijuana.
(b) Search warrants shall not issue out of a municipal court.
History:
L. 1973, ch. 61, § 12-4104; L. 2007, ch. 168, § 3; L. 2009, ch. 32, § 20; L. 2010, ch. 74, § 1; L. 2011, ch. 30, § 101; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4105 Municipal judge; appointment; qualifications; compensation.

12-4105.
Municipal judge; appointment; qualifications; compensation.
The municipal court shall be presided over by a municipal judge. The judge shall be selected in the manner provided by statute. The person who is selected shall be:
(a) A citizen of the United States;
(b) a graduate of a high school or secondary school or the equivalent thereof; and
(c) (1) in cities other than cities of the first class, an attorney regularly admitted to practice law in the state of Kansas or certified by the supreme court in the manner prescribed by K.S.A. 12-4114, as qualified to serve as a municipal judge; or
(2) in cities of the first class an attorney regularly admitted to practice law in the state of Kansas.
The municipal judge shall receive a monthly or annual salary set by ordinance of the city in which such municipal judge presides, except where otherwise provided by law.
History:
L. 1973, ch. 61, § 12-4105; L. 1989, ch. 66, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4107 Same; absence; vacancy; pro tem.

12-4107.
Same; absence; vacancy; pro tem.
In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney or other qualified person to act as judge pro tempore. In the event the municipal judge fails to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge.
In the event a vacancy shall occur in the office of municipal judge, a successor shall be appointed to fill the unexpired term in the same manner as the municipal judge was appointed.
History:
L. 1973, ch. 61, § 12-4107; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4108 Clerk of the municipal court; appointment; powers and duties; execution of bond.

12-4108.
Clerk of the municipal court; appointment; powers and duties; execution of bond.
The governing body of each city may provide for the office of clerk of the municipal court. The municipal judge shall appoint such clerk or if no clerk is provided for, the judge shall also serve as clerk. The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court. The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court.
The clerk of the municipal court, or the municipal judge if no clerk is appointed, within 10 days after selection, and before entering upon the duties of office, shall execute to the city such bond as the governing body may require, which shall be approved by the governing body, and filed in the office of the city clerk, conditioned for the faithful performance of the duties required of such clerk by law, and for the faithful application and payment of all moneys that may come into such clerk's hands in the execution of the duties of the office. The city shall pay the cost of such bond.
History:
L. 1973, ch. 61, § 12-4108; L. 1989, ch. 67, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4109 Municipal court; courtroom, supplies, records; sessions, time, place.

12-4109.
Municipal court; courtroom, supplies, records; sessions, time, place.
Each city shall provide at the expense of the city a suitable courtroom for the municipal court, together with all necessary supplies and records. Municipal court shall be held at such time and places designated by ordinance.
History:
L. 1973, ch. 61, § 12-4109; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4110 City attorney to prosecute.

12-4110.
City attorney to prosecute.
The city attorney, in person or by assistants, shall prosecute all causes in the municipal court.
History:
L. 1973, ch. 61, § 12-4110; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4111 Law enforcement officers; employment; powers.

12-4111.
Law enforcement officers; employment; powers.
The governing body may employ law enforcement officers who shall have power to execute all process issued by any municipal judge within the state and delivered to him or her for that purpose, to detain persons, to place them in custody, and to arrest them, pursuant to the terms of this act.
The powers of law enforcement officers with respect to the code of criminal procedure shall not be reduced by this code.
History:
L. 1973, ch. 61, § 12-4111; April 1, 1974.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4112 Costs.

12-4112. Costs.
No person shall be assessed costs for the administration of justice in any municipal court case, except for:
(a) Witness fees and mileage as set forth in K.S.A. 12-4411, and amendments thereto;
(b) the assessment required by K.S.A. 12-4116, and amendments thereto;
(c) the assessment required by K.S.A. 12-4117, and amendments thereto; and
(d) the assessment required by K.S.A. 12-16,119, and amendments thereto.
History:
L. 1973, ch. 61, § 12-4112; L. 1989, ch. 66, § 5; L. 1992, ch. 315, § 4; L. 1998, ch. 155, § 2; L. 2016, ch. 88, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4113 Definitions.

12-4113.
Definitions.
As used in this act:
(a) "Appearance bond" means an undertaking, with or without security, entered into by a person in custody by which the person is bound to comply with the conditions of the undertaking.
(b) "Accused person" means a person, corporation or other legal entity accused by a complaint of the violation of a city ordinance.
(c) "Arraignment" means the formal act of calling the person accused of violating an ordinance before the municipal court to inform the person of the offense with which the person is charged, to ask the person whether the person is guilty or not guilty and, if guilty, to impose sentence.
(d) "Arrest" means the taking of a person into custody in order that the person will appear to answer for the violation of an ordinance. The giving of a notice to appear is not an arrest.
(e) "Bail" is the security given for the purpose of insuring compliance with the terms of an appearance bond.
(f) "City attorney" means any attorney who represents the city in the prosecution of an accused person for the violation of a city ordinance.
(g) "Complaint" means a sworn written statement, or a written statement by a law enforcement officer, of the essential facts constituting a violation of an ordinance.
(h) "Custody" means the restraint of a person pursuant to an arrest.
(i) "Detention" means the temporary restraint of a person by a law enforcement officer.
(j) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order and to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof.
(k) "Notice to appear" is a written notice to a person accused by a complaint of having violated an ordinance of a city to appear at a stated time and place to answer to the charge of the complaint.
(l) "Subpoena" is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified.
(m) "Ordinance traffic infraction" is a violation of an ordinance that proscribes or requires the same behavior as that proscribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118, and amendments thereto.
(n) "Warrant" is a written order made by a municipal judge directed to any law enforcement officer commanding the officer to arrest the person named or described in it.
(o) "Ordinance cigarette or tobacco infraction" is a violation of an ordinance that proscribes the same behavior as proscribed by subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto.
History:
L. 1973, ch. 61, § 12-4113; L. 1984, ch. 78, § 1; L. 1984, ch. 39, § 27; L. 1996, ch. 214, § 18; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4114 Municipal judge, training programs; certification; examinations; continuing education requirement; duties of supreme court.

12-4114.
Municipal judge, training programs; certification; examinations; continuing education requirement; duties of supreme court.
(a) Any person who holds the position of municipal judge in any city in this state on January 1, 1990, and any person who thereafter becomes a municipal judge in any city in this state who has not been admitted to practice law in Kansas, as required by K.S.A. 12-4105, and amendments thereto, shall be permitted to temporarily commence the duties of office, conditioned that such judge becomes certified as being qualified to hold such office as provided in this section. The supreme court shall adopt rules and regulations to provide for a training program and an examination to ensure that each such municipal judge possesses the minimum skills and knowledge necessary to carry out the duties of such office. Such examination and training shall be administered without charge and such examination shall be given at least once each six months at a time and place designated by the supreme court. If a municipal judge fails to successfully complete such examination within 18 months after the date such judge takes office, such judge shall forfeit such judge's office and the municipal judge position previously held by such judge shall be vacant at the expiration of such eighteen-month period. A municipal judge who fails to successfully complete any examination may take such examination again at the next time it is offered prior to the expiration of such eighteen-month period. Any municipal judge who fails to successfully complete the examination within the prescribed time shall be ineligible to be a municipal judge, unless such person subsequently meets all the qualifications prescribed by K.S.A. 12-4105, and amendments thereto.
(b) Any person who successfully completes the examination administered under this section or who meets all of the qualifications prescribed by K.S.A. 12-4105, and amendments thereto, shall be certified by the supreme court as being qualified to hold such office. In order to continue to hold such office, such judge must attend at least 10 hours of continuing judicial education as approved by the supreme court in each calendar year. A continuing judicial education program offering at least 10 hours of credit shall be provided at least once each year at no expense to either the municipal judge or the municipality.
(c) The supreme court shall administer the training, testing and continuing judicial education provided for in this section, which shall be funded by the judicial branch education fund as provided for in K.S.A. 20-1a11 or may contract with another person or organization for that service.
History:
L. 1989, ch. 66, § 1; L. 1992, ch. 315, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 41 - Code For Municipal Courts; General Provisions › 12-4116 Judicial branch education fund; assessments against municipal cases.

12-4116.
Judicial branch education fund; assessments against municipal cases.
In each case filed in municipal court where there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond, or a diversion, a sum in an amount not to exceed $1 shall be assessed for the training, testing and continuing judicial education of municipal judges as provided in K.S.A. 12-4114, and amendments thereto. Except as provided herein, the judge or clerk of the municipal court shall remit all assessments received pursuant to this section 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 in the state treasury to the credit of the judicial branch education fund. If the amount of assessments collected in a month are less than $250, the municipal court may delay remitting its assessments until a month in which the cumulative amount of assessments collected equals or exceeds $250. If the cumulative amount of assessments collected never equals or exceeds $250 for the year, the amount of assessments collected and on hand on December 31 of the year shall be remitted to the state treasurer. The specific amount of the assessment shall be fixed by order of the supreme court and shall apply uniformly to all cities. For the purpose of determining the amount to be assessed according to this section, if more than one complaint is filed against one individual arising out of the same incident, all such complaints shall be considered as one case. For the purpose of this section, parking violations shall not be considered as cases.
History:
L. 1989, ch. 66, § 3; L. 1992, ch. 233, § 1; L. 1993, ch. 54, § 1; L. 2001, ch. 5, § 54; July 1.