SB 87--Am. by HCW
[As Amended by House Committee of the
As Amended by House Committee
[As Amended by Senate Committee of the
Session of 1997
SENATE BILL No. 87
By Committee on Judiciary
14 AN ACT concerning
criminal procedure [cigarettes and tobacco prod-
15 ucts]; relating to cigarette or tobacco infractions; [concerning certain
16 records of sales;] amending K.S.A. 1996 Supp. 12-4214, 12-4305,
17 21-3105, 21-4503a, 22-3404, 22-3409, 22-3412 and 22-3609a[, 22-
18 3609a and, 79-3316], 79-3322 and 79-3393 and repealing the ex-
19 isting sections.
21 Be it enacted by the Legislature of the State of Kansas:
22 Section 1. K.S.A. 1996 Supp. 12-4214 is hereby amended to
23 read as follows: 12-4214. (a) Except as provided further, when a per-
24 son is charged with an ordinance traffic infraction or an ordinance
25 cigarette or tobacco infraction, the notice to appear shall provide
26 a place where the person may make a written entry of appearance,
27 waive the right to a trial and plead guilty or no contest. The notice
28 to appear shall provide a space in which the law enforcement of-
29 ficer, except as provided in subsection (b), shall enter the appro-
30 priate fine specified in the fine schedule established by the mu-
31 nicipal judge in accordance with K.S.A. 12-4305 and amendments
32 thereto, in the case of a traffic infraction, or a fine of $25 as estab-
33 lished in subsection (d), in the case of an ordinance cigarette or to-
34 bacco infraction. Either the notice to appear or a separate form
35 provided to the person by the law enforcement officer shall pro-
36 vide an explanation: (1) Of the person's right to appear and right
37 to trial and the person's right to pay the appropriate fine prior to
38 the appearance date; (2) that failure to either pay such fine or
39 appear at the specified time may result in issuance of a warrant
40 for the person's arrest; and (3) in the case of a traffic infraction,
41 that failure to either pay such fine or appear at the specified time
42 may result in the suspension of the person's driver's license. The
43 law enforcement officer shall provide the person with the tele-
SB 87--Am. by HCW
1 phone number and address of the municipal court to which the
2 written entry of appearance, waiver of trial, plea of guilty or no
3 contest and payment of fine shall be mailed.
4 (b) In lieu of the law enforcement officer entering the appro-
5 priate fine for an ordinance traffic infraction, the officer may di-
6 rect the person charged with an ordinance traffic infraction to con-
7 tact the clerk of the municipal court to determine the applicable
8 fine or provide the person with a copy of the fine schedule estab-
9 lished by the municipal judge in accordance with K.S.A. 12-4305
10 and amendments thereto.
11 (c) When a person is charged with an ordinance cigarette or tobacco
12 infraction, the judge may require the juvenile to appear in court with a
13 parent or legal guardian.
14 (d) The fine for an ordinance cigarette or tobacco infraction shall be
15 $25 for a first conviction, $50 for a second conviction, and $150 for a
16 third or subsequent conviction. In addition, the judge may require the
17 juvenile to complete, at the juvenile's own expense, an educational pro-
18 gram, which shall consist of a minimum of two hours, focusing on the
19 dangers associated with the use of cigarettes or tobacco products.
(c) (e) This section shall be a part of and supplemental to the
21 provisions of article 42 of chapter 12 of the Kansas Statutes An-
22 notated and acts amendatory thereof or supplemental thereto.
23 Sec. 2. K.S.A. 1996 Supp. 12-4305 is hereby amended to read
24 as follows: 12-4305. (a) The municipal judge shall establish a sched-
25 ule of fines which shall be imposed for municipal ordinance vio-
26 lations that are classified as ordinance traffic infractions. Also, the
27 municipal judge may establish a schedule of fines which shall be
28 imposed for the violation of certain other ordinances. Any fine so
29 established shall be within the minimum and maximum allowable
30 fines established by ordinance for such offenses by the governing
31 body. The following traffic violations are specifically excluded
32 from any schedule of fines:
33 (1) Reckless driving;
34 (2) driving while under the influence of alcohol or drugs, or
35 both, or driving with a blood or breath alcohol concentration of
36 .08 or more;
37 (3) driving without a valid license issued or on a canceled, sus-
38 pended or revoked license;
39 (4) fleeing or attempting to elude a police officer; or
40 (5) offense comparable to those prescribed by K.S.A. 8-1602,
41 8-1603 and 8-1604 and amendments thereto.
42 (b) A person charged with the violation of an ordinance con-
43 tained in a schedule of fines established under subsection (a) shall,
SB 87--Am. by HCW
1 except as provided in subsection (c), appear at the place and time
2 specified in the notice to appear. If the person enters an appear-
3 ance, waives right to trial, pleads guilty or no contest, the fine shall
4 be no greater than that specified in the schedule.
5 (c) Except as provided in subsection (c) of K.S.A. 12-4214, and
6 amendments thereto, prior to the time specified in the notice to ap-
7 pear, a person charged with an ordinance cigarette or tobacco in-
8 fraction or a violation of an ordinance contained in a schedule of
9 fines established under subsection (a) may enter an appearance,
10 waive right to trial, plead guilty or no contest and pay the fine for
11 the violation as specified in the schedule or in subsection
(a) (d) of
12 K.S.A. 12-4214 and amendments thereto. At the election of the
13 person charged, such appearance, waiver, plea and payment may
14 be made by mail or in person and payment may be by personal
15 check. The complaint shall not have been complied with if a check
16 is not honored for any reason, or the fine is not paid in full prior
17 to the time specified in the notice to appear. When a person
18 charged with an ordinance cigarette or tobacco infraction or an
19 ordinance traffic infraction or other ordinance violation on a
20 schedule of fines makes payment without executing a written
21 waiver of right to trial and plea of guilty or no contest, the payment
22 shall be deemed such an appearance, waiver of right to trial and
23 plea of no contest.
24 The municipal judge may authorize the clerk of the municipal
25 court or some other person to accept by mail or in person such
26 voluntary appearance, plea of guilty or no contest and payment of
27 the fine imposed by the schedule or by subsection (a) (d) of K.S.A.
28 12-4214 and amendments thereto.
29 The schedule of fines and persons authorized to accept such
30 pleas shall be conspicuously displayed in the office where such
31 voluntary appearance, plea of guilty and payment of fine occurs.
32 Sec. 1 3. K.S.A. 1996 Supp. 21-3105 is hereby amended to read as
33 follows: 21-3105. A crime is an act or omission defined by law and for
34 which, upon conviction, a sentence of death, imprisonment or fine, or
35 both imprisonment and fine, is authorized or, in the case of a traffic
36 infraction or a cigarette or tobacco infraction, a fine is authorized. Crimes
37 are classified as felonies, misdemeanors and, traffic infractions and cig-
38 arette or tobacco infractions.
39 (1) A felony is a crime punishable by death or by imprisonment in
40 any state correctional institution or a crime which is defined as a felony
41 by law.
42 (2) A traffic infraction is a violation of any of the statutory provisions
43 listed in subsection (c) of K.S.A. 8-2118 and amendments thereto.
SB 87--Am. by HCW
1 (3) A cigarette or tobacco infraction is a violation of subsection (m)
2 or (n) of K.S.A. 79-3321 and amendments thereto.
3 (4) All other crimes are misdemeanors.
2 4. K.S.A. 1996 Supp. 22-3404 is hereby amended to read
5 as follows: 22-3404. (1) The trial of misdemeanor , cigarette or tobacco
6 infraction and traffic infraction offense cases shall be to the court unless
7 a jury trial is requested in writing by the defendant not later than seven
8 days after first notice of trial assignment is given to the defendant or such
9 defendant's counsel. The time requirement provided in this subsection
10 regarding when a jury trial shall be requested may be waived in the dis-
11 cretion of the court upon a finding that imposing such time requirement
12 would cause undue hardship or prejudice to the defendant.
13 (2) A jury in a misdemeanor , cigarette or tobacco infraction or traffic
14 infraction offense case shall consist of six members.
15 (3) Trials in the municipal court of a city shall be to the court.
16 (4) Except as otherwise provided by law, the rules and procedures
17 applicable to jury trials in felony cases shall apply to jury trials in misde-
18 meanor , cigarette or tobacco infraction and traffic infraction offense cases.
19 (5) The trial of cigarette or tobacco infraction or traffic infraction
20 cases shall be to the court.
21 Sec. 5. K.S.A. 1996 Supp. 21-4503a is hereby amended to read
22 as follows: 21-4503a. (a) A person who has been convicted of a
23 felony may, in addition to the sentence authorized by law, be or-
24 dered to pay a fine which shall be fixed by the court as follows:
25 (1) For any off-grid felony crime or any felony ranked in se-
26 verity level 1 of the drug grid as provided in K.S.A. 21-4705 and
27 amendments thereto, a sum not exceeding $500,000.
28 (2) For any felony ranked in severity levels 1 through 5 of the
29 nondrug grid as provided in K.S.A. 21-4704 and amendments
30 thereto or in severity levels 2 or 3 of the drug grid as provided in
31 K.S.A. 21-4705 and amendments thereto, a sum not exceeding
33 (3) For any felony ranked in severity levels 6 through 10 of the
34 nondrug grid as provided in K.S.A. 21-4704 and amendments
35 thereto or in severity level 4 of the drug grid as provided in K.S.A.
36 21-4705 and amendments thereto, a sum not exceeding $100,000.
37 (b) A person who has been convicted of a misdemeanor, in ad-
38 dition to or instead of the imprisonment authorized by law, may
39 be sentenced to pay a fine which shall be fixed by the court as
41 (1) For a class A misdemeanor, a sum not exceeding $2,500.
42 (2) For a class B misdemeanor, a sum not exceeding $1,000.
43 (3) For a class C misdemeanor, a sum not exceeding $500.
SB 87--Am. by HCW
1 (4) For an unclassified misdemeanor, any sum authorized by
2 the statute that defines the crime. If no penalty is provided in such
3 law, the fine shall not exceed the fine provided herein for a class
4 C misdemeanor.
5 (c) As an alternative to any of the above fines, the fine imposed
6 may be fixed at any greater sum not exceeding double the pecu-
7 niary gain derived from the crime by the offender.
8 (d) A person who has been convicted of a traffic infraction may
9 be sentenced to pay a fine which shall be fixed by the court, not
10 exceeding $500.
11 (e) A person who has been convicted of a cigarette or tobacco
12 infraction shall be sentenced to pay a fine of $25 for a first convic-
13 tion, $50 for a second conviction and $150 for a third or subsequent
15 (f) The provisions of this section shall apply to crimes commit-
16 ted on or after July 1, 1993.
3 6. K.S.A. 1996 Supp. 22-3409 is hereby amended to read as
18 follows: 22-3409. When a jury trial is demanded, as provided by law, for
19 traffic infraction, cigarette or tobacco infraction offense or misdemeanor
20 cases, the judge shall summon not less than 12 prospective jurors from
21 the source and in the manner provided for the summoning of other petit
22 jurors in the district court in the county.
23 Sec. 4 7. K.S.A. 1996 Supp. 22-3412 is hereby amended to read as
24 follows: 22-3412. (a) (1) For crimes committed before July 1, 1993, per-
25 emptory challenges shall be allowed as follows:
26 (A) Each defendant charged with a class A felony shall be allowed 12
27 peremptory challenges.
28 (B) Each defendant charged with a class B felony shall be allowed
29 eight peremptory challenges.
30 (C) Each defendant charged with a felony other than class A or class
31 B felony shall be allowed six peremptory challenges.
32 (D) Each defendant charged with a misdemeanor , cigarette or to-
33 bacco infraction or traffic infraction offense shall be allowed three per-
34 emptory challenges.
35 (E) Additional peremptory challenges shall not be allowed on account
36 of separate counts charged in the complaint, information or indictment.
37 (F) The prosecution shall be allowed the same number of peremptory
38 challenges as all the defendants.
39 (2) For crimes committed on or after July 1, 1993, peremptory chal-
40 lenges shall be allowed as follows:
41 (A) Each defendant charged with an off-grid felony or a nondrug or
42 drug felony ranked at severity level 1 shall be allowed 12 peremptory
SB 87--Am. by HCW
1 (B) Each defendant charged with a nondrug felony ranked at severity
2 level 2, 3, 4, 5 or 6, or a drug felony ranked at severity level 2 or 3, shall
3 be allowed 8 peremptory challenges.
4 (C) Each defendant charged with an unclassified felony, a nondrug
5 severity level 7, 8, 9 or 10, or a drug severity level 4 felony shall be allowed
6 six peremptory challenges.
7 (D) Each defendant charged with a misdemeanor or traffic offense
8 shall be allowed three peremptory challenges.
9 (E) The prosecution shall be allowed the same number of peremp-
10 tory challenges as all defendants.
11 (F) The most serious penalty offense charged against each defendant
12 furnishes the criterion for determining the allowed number of peremp-
13 tory challenges for that defendant.
14 (G) Additional peremptory challenges shall not be allowed when sep-
15 arate counts are charged in the complaint, information or indictment.
16 (H) Except as otherwise provided in this subsection, the provisions
17 of this section shall apply. In applying the provisions of this section, the
18 trial court may determine the number of peremptory challenges to allow
19 by reviewing the classification for the crime charged, or nearest compa-
20 rable felony, as it was classified under the criminal law in effect prior to
21 July 1, 1993. If the severity level of the most serious crime charged raises
22 the potential penalty above that of another crime which was classified
23 higher under the criminal law in effect prior to July 1, 1993, the defendant
24 shall be allowed the number of peremptory challenges as for that higher
25 classified crime under the prior system.
26 (I) The trial court shall resolve any conflicts with a liberal construc-
27 tion in favor of allowing the greater number of peremptory challenges.
28 (b) After the parties have interposed all of their challenges to jurors,
29 or have waived further challenges, the jury shall be sworn to try the case.
30 (c) Immediately after the jury is empaneled and sworn, a trial judge
31 may empanel one or more alternate or additional jurors whenever, in the
32 judge's discretion, the judge believes it advisable to have such jurors avail-
33 able to replace jurors who, prior to the time the jury retires to consider
34 its verdict, become or are found to be unable to perform their duties.
35 Such jurors shall be selected in the same manner, have the same quali-
36 fications, and be subject to the same examination and challenges and take
37 the same oath and have the same functions, powers and privileges as the
38 regular jurors. Each party shall be entitled to one peremptory challenge
39 to such alternate jurors. Such alternate jurors shall be seated near the
40 other jurors, with equal power and facilities for seeing and hearing the
41 proceedings in the case, and they must attend at all times upon the trial
42 of the cause in company with the other jurors. They shall obey the orders
43 of and be bound by the admonition of the court upon each adjournment,
SB 87--Am. by HCW
1 but if the regular jurors are ordered to be kept in custody during the trial
2 of the cause, such alternate jurors also shall be kept in confinement with
3 the other jurors. Upon final submission of the case to the jury, the alter-
4 nate jurors may be discharged or they may be retained separately and not
5 discharged until the final decision of the jury. If the alternate jurors are
6 not discharged on final submission of the case and if any regular juror
7 shall be discharged from jury service in any such action prior to the jury
8 reaching its verdict, the court shall draw the name of an alternate juror
9 who shall replace the juror so discharged and be subject to the same rules
10 and regulations as though such juror had been selected as one of the
11 original jurors.
5 8. K.S.A. 1996 Supp. 22-3609a is hereby amended to read as
13 follows: 22-3609a. (1) A defendant shall have the right to appeal from any
14 judgment of a district magistrate judge. The administrative judge shall be
15 responsible for assigning a district judge for any such appeal. The appeal
16 shall stay all further proceedings upon the judgment appealed from.
17 (2) An appeal to a district judge shall be taken by filing a notice of
18 appeal with the clerk of the court. No appeal shall be taken more than
19 10 days after the date of the judgment appealed from.
20 (3) The clerk of the district court shall deliver the complaint, warrant
21 and any appearance bond to the district judge to whom such appeal is
22 assigned. The case shall be tried de novo before the assigned district
24 (4) No advance payment of a docket fee shall be required when the
25 appeal is taken.
26 (5) All appeals taken by a defendant from a district magistrate judge
27 in traffic infraction, cigarette or tobacco infraction offense and misde-
28 meanor cases shall be tried by the court unless a jury trial is requested in
29 writing by the defendant.
30 (6) Notwithstanding the other provisions of this section, appeal from
31 a conviction rendered pursuant to subsection (c) of K.S.A. 22-2909 and
32 amendments thereto shall be conducted only on the record of the stip-
33 ulation of facts relating to the complaint.
34 [Sec. 6 9. K.S.A. 1996 Supp. 79-3316 is hereby amended to read
35 as follows: 79-3316. (a) All purchases of cigarettes by any dealer
36 shall be evidenced by an invoice, a duplicate of which shall be fur-
37 nished the party receiving the cigarettes from any dealer.
38 [(b) Purchases of cigarettes by wholesale dealers shall be made
39 from the manufacturers of cigarettes or from other Kansas licensed
40 wholesale dealers. Purchases of cigarettes by retail dealers or vend-
41 ing machine operators shall be from wholesale dealers.
42 [(c) All invoices issued by wholesale dealers shall be in dupli-
43 cate and a copy must accompany the consigned cigarettes. Ciga-
SB 87--Am. by HCW
1 rettes sold by a wholesale dealer to any other dealer shall be evi-
2 denced by invoices bearing the vendee's name and license number.
3 A wholesale dealer selling cigarettes to a manufacturer's salesper-
4 son shall at the time of delivery of same make a true duplicate in-
5 voice inserting therein the name of the salesman together with the
6 name of such salesperson's employer.
7 [(d) All records pertaining to sales of cigarettes by dealers in
8 the state of Kansas shall be preserved for a period of three years
9 and shall be available for inspection by the director or the director's
10 designee at the dealer's place of business or, if the dealer has more
11 than one place of business in the state, at a central location of the dealer.
12 [(e) Every wholesale dealer shall report to the director on or
13 before the 10th day of each month, stating the amount of cigarettes
14 sold during the preceding month and the amount of all cigarettes
15 returned to the manufacturer. Any wholesale dealer who refuses
16 any shipment or part of a shipment of unstamped cigarettes or has
17 a shortage in the shipment of cigarettes consigned to such dealer
18 shall in the monthly report next following the refusal or shortage
19 report to the director the number of packages or cartons of ciga-
20 rettes refused or short and the name of the carrier from whom the
21 cigarettes were refused or shortage occurred. Such report shall be
22 made on forms provided by the director and shall contain such other
23 information as the director may require.
24 [(f) Exemption from payment of cigarette tax on sale of ciga-
25 rettes made outside the state by any wholesale dealer shall be filed
26 on forms provided by the director.]
27 Sec. 10. K.S.A. 1996 Supp. 79-3322 is hereby amended to read
28 as follows: 79-3322. (a) Any person who violates any of the provi-
29 sions of this act, except as otherwise provided in this act, shall be
30 guilty of a misdemeanor and upon conviction shall be punished by
31 a fine of not more than $1,000 or imprisonment for not more than
32 one year, or by both. In addition thereto any person found liable
33 for any license fee or tax imposed under the provisions of this act
34 shall be personally liable for such license fee or tax plus a penalty
35 in an amount equal to 100% thereof.
36 (b) (1) It is a class B person misdemeanor punishable by a min-
37 imum fine of $200 for any person
, directly or indirectly, to: (A)
38 Sell, give or furnish any cigarettes or tobacco products to any per-
39 son under 18 years of age; or (B) buy any cigarettes or tobacco
40 products for any person under 18 years of age. In determining the
41 penalty to be imposed for a violation of this subsection by a li-
42 censed retail dealer whose employee sold, furnished or distributed
43 the cigarettes or tobacco products, the court shall consider it to be
SB 87--Am. by HCW
a mitigating circumstance if the employee had completed a train-
2 ing program, approved by the secretary of revenue or the secre-
3 tary's designee, in avoiding sale, furnishing or distributing of cig-
4 arettes and tobacco products to persons under 18 years of age.
5 (2) It shall be a defense to a prosecution under this subsection
6 if: (A) The defendant is a licensed retail dealer[, or employee
7 thereof,] or a person authorized by law to distribute samples; (B)
8 the defendant sold, furnished or distributed the cigarettes or to-
9 bacco products to the person under 18 years of age with reason-
10 able cause to believe the person was of legal age to purchase or
11 receive cigarettes or tobacco products; and (C) to purchase or re-
12 ceive the cigarettes or tobacco products, the person under 18 years
13 of age exhibited to the defendant a driver's license, Kansas non-
14 driver's identification card or other official or apparently official
15 document containing a photograph of the person and purporting
16 to establish that the person was of legal age to purchase or receive
17 cigarettes or tobacco products.
18 (3) It shall be a defense to a prosecution under this subsection
19 if: (A) The defendant engages in the lawful sale, furnishing or dis-
20 tribution of cigarettes or tobacco products by mail; and (B) the
21 defendant sold, furnished or distributed the cigarettes or tobacco
22 products to the person by mail only after the person had provided
23 to the defendant an unsworn declaration, conforming to K.S.A. 53-
24 601 and amendments thereto, that the person was 18 or more years
25 of age.
26 (c) Violation of subsection (m) or (n) of K.S.A. 79-3321 and
27 amendments thereto is a cigarette or tobacco infraction for which
28 the fine is $25 for a first conviction, $50 for a second conviction and
29 $150 for a third or subsequent conviction. In addition, the judge may
30 require the juvenile to appear in court with a parent or legal guardian
31 and further may require the juvenile to complete, at the juvenile's own
32 expense, an educational program, which shall consist of a minimum of
33 two hours, focusing on the dangers associated with the use of cigarettes
34 or tobacco products.
35 (d) Any agent, employees or others who aid, abet or otherwise
36 participate in any way in the violation of this act or in any of the
37 offenses hereunder punishable shall be guilty and punished as
38 principals to the same extent as any person violating this act.
39 Sec. 11. K.S.A. 1996 Supp. 79-3393 is hereby amended to read
40 as follows: 79-3393. (a) When a person is stopped by a law enforcement
41 officer for a cigarette or tobacco infraction, the person shall not be taken
42 before a judge of the district court unless the person demands an im-
43 mediate appearance before a judge.
SB 87--Am. by HCW
(b) When a person is stopped by a law enforcement officer for
2 a cigarette or tobacco infraction, the law enforcement officer may
3 shall prepare and deliver to the person a written cigarette or to-
4 bacco citation on a form approved by the secretary of revenue or
5 the secretary's designee. The citation shall contain a notice to ap-
6 pear in court, the name and address of the person, the offense or
7 offenses charged, the time and place when and where the person
8 shall appear in court, the signature of the law enforcement officer
9 and any other pertinent information. The time specified in the
10 notice to appear shall be at least five days after the alleged infrac-
11 tion unless the person charged with the infraction demands an
12 earlier hearing. The place specified in the notice to appear shall
13 be before a judge of the district court within the county where the
14 infraction is alleged to have been committed or before a judge of the
15 municipal court where the infraction is alleged to have been committed
16 in a city which has adopted an ordinance which prohibits the same acts.
17 (c) (b) The notice to appear shall may provide a place where the
18 person may make a written entry of appearance, waive the right to a trial
19 and plead guilty or no contest. The notice to appear shall provide a space
20 where the law enforcement officer shall enter the fine specified in sub-
21 section (c) of K.S.A. 79-3322 and amendments thereto and court costs in
22 the amount provided by law that the person charged with the infraction
23 shall appear in court with a parent or legal guardian and shall provide
24 that the person charged has a right to trial.
25 (d) If the notice to appear does not do so, the law enforcement officer
26 shall provide a person charged with a cigarette or tobacco infraction a
27 form explaining the person's right to appear and right to a trial and the
28 person's right to pay the appropriate fine and court costs prior to the
29 appearance date. The law enforcement officer shall provide the person
30 with the address of the court to which the written entry of appearance,
31 waiver of trial, plea of guilty or no contest and payment of fine and court
32 costs shall be mailed.
33 (e) Any officer violating any of the provisions of subsection (d) is
34 guilty of misconduct in office and shall be subject to removal from office.
35 (f) Prior to the time specified in the notice to appear, a person
36 charged with a cigarette or tobacco infraction may enter a written ap-
37 pearance, waive right to trial, plead guilty or no contest and pay the $25
38 fine and court costs provided by law. Payment may be made by mail or
39 in person and may be by personal check. The cigarette or tobacco citation
40 shall not have been complied with if a check is not honored for any reason,
41 or if the fine and court costs are not paid in full. When a person charged
42 with a cigarette or tobacco infraction makes payment without executing
43 a written waiver of right to trial and plea of guilty or no contest, the
SB 87--Am. by HCW
payment shall be deemed such an appearance, waiver of right to trial and
2 plea of no contest.
3 (g) (c) Acts classified as cigarette or tobacco infractions by sub-
4 section (c) of K.S.A. 79-3321 79-3322, and amendments thereto shall
5 be classified as ordinance cigarette or tobacco infractions by those
6 cities adopting ordinances prohibiting the same acts. The fine for
7 an ordinance cigarette or tobacco infraction shall be $25 for a first
8 conviction, $50 for a second conviction and $150 for a third or subsequent
9 conviction. In addition, the judge may require the juvenile to complete,
10 at the juvenile's own expense, an educational program which shall consist
11 of a minimum of two hours focusing on the dangers associated with the
12 use of cigarettes or tobacco products.
13 Sec. 6  12. K.S.A. 1996 Supp. 12-4214, 12-4305, 21-3105, 21-
14 4503a, 22-3404, 22-3409, 22-3412 and 22-3609a[, 22-3609a and, 79-
15 3316], 79-3322 and 79-3393 are hereby repealed.
16 Sec. 7  13. This act shall take effect and be in force from and
17 after its publication in the Kansas register.