Session of 2000
Effective: July 1, 2000

SENATE Substitute for HOUSE BILL No. 2027
An Act concerning docket fees; establishing the judicial branch nonjudicial salary initiative
      fund; relating to compensation for certain nonjudicial employees in the judicial branch;
      amending K.S.A. 20-1a04 and K.S.A. 1999 Supp. 8-2107, 20-367, 28-172a, 60-2001, 61-
      2501 and 61-2704 and repealing the existing sections; also repealing K.S.A. 1999 Supp.
      20-367a.

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

      New Section  1. (a) There is hereby established in the state treasury
the judicial branch nonjudicial salary initiative fund.

      (b) All moneys credited to the judicial branch nonjudicial salary ini-
tiative fund shall be used for compensation of nonjudicial officers and
employees of the district courts, court of appeals and the supreme court
and shall not be expended for compensation of judges or justices of the
judicial branch. Moneys in the fund shall be used only to pay for that
portion of the cost of salaries and wages of nonjudicial personnel of the
judicial branch, including associated employer contributions, which shall
not exceed the difference between the amount of expenditures that would
be required under the judicial branch pay plan for nonjudicial personnel
in effect prior to the effective date of this act and the amount of expend-
itures required under the judicial branch pay plan for nonjudicial person-
nel after the cost-of-living adjustments and the adjustments for upgrades
in pay rates for nonjudicial personnel approved by the chief justice of the
Kansas supreme court for fiscal year 2001. For fiscal years commencing
on and after June 30, 2001, moneys in such fund shall be used only for
the amount attributable to maintenance of the judicial branch pay plan
for nonjudicial personnel for such adjustments and upgrades approved by
the chief justice of the supreme court for fiscal year 2001.

      (c)  All expenditures from the judicial branch nonjudicial salary ini-
tiative fund shall be made in accordance with appropriation acts and upon
warrants of the director of accounts and reports issued pursuant to pay-
rolls approved by the chief justice of the Kansas supreme court or by a
person or persons designated by the chief justice.

      (d) The enactment of this legislation shall not be considered a state-
ment of legislative intent to endorse future state general fund financing
for ensuing fiscal years for the proposed nonjudicial pay plan contained
in the report to the Kansas supreme court by the nonjudicial salary ini-
tiative entitled nonjudicial employee compensation submitted to the 2000
legislature.

      Sec.  2. K.S.A. 1999 Supp. 8-2107 is hereby amended to read as fol-
lows: 8-2107. (a) (1) Notwithstanding any other provisions of the uniform
act regulating traffic on highways, when a person is stopped by a police
officer for any of the offenses described in subsection (d) and such person
is not immediately taken before a judge of the district court, the police
officer may require the person stopped, subject to the provisions of sub-
section (c), to deposit with the officer a valid Kansas driver's license in
exchange for a receipt therefor issued by such police officer, the form of
which shall be approved by the division of vehicles. Such receipt shall be
recognized as a valid temporary Kansas driver's license authorizing the
operation of a motor vehicle by the person stopped until the date of the
hearing stated on the receipt. The driver's license and a written copy of
the notice to appear shall be delivered by the police officer to the court
having jurisdiction of the offense charged as soon as reasonably possible.
If the hearing on such charge is continued for any reason, the judge may
note on the receipt the date to which such hearing has been continued
and such receipt shall be recognized as a valid temporary Kansas driver's
license until such date, but in no event shall such receipt be recognized
as a valid Kansas driver's license for a period longer than 30 days from
the date set for the original hearing. Any person who has deposited a
driver's license with a police officer under this subsection (a) shall have
such license returned upon final determination of the charge against such
person.

      (2) In the event the person stopped deposits a valid Kansas driver's
license with the police officer and fails to appear in the district court on
the date set for appearance, or any continuance thereof, and in any event
within 30 days from the date set for the original hearing, the court shall
forward such person's driver's license to the division of vehicles with an
appropriate explanation attached thereto. Upon receipt of such person's
driver's license, the division shall suspend such person's privilege to op-
erate a motor vehicle in this state until such person appears before the
court having jurisdiction of the offense charged, the court makes a final
disposition thereof and notice of such disposition is given by the court to
the division. No new or replacement license shall be issued to any such
person until such notice of disposition has been received by the division.
The provisions of K.S.A. 8-256, and amendments thereto, limiting the
suspension of a license to one year, shall not apply to suspensions for
failure to appear as provided in this subsection (a).

      (b) No person shall apply for a replacement or new driver's license
prior to the return of such person's original license which has been de-
posited in lieu of bond under this section. Violation of this subsection (b)
is a class C misdemeanor. The division may suspend such person's driver's
license for a period of not to exceed one year from the date the division
receives notice of the disposition of the person's charge as provided in
subsection (a).

      (c)  (1) In lieu of depositing a valid Kansas driver's license with the
stopping police officer as provided in subsection (a), the person stopped
may elect to give bond in the amount specified in subsection (d) for the
offense for which the person was stopped. When such person does not
have a valid Kansas driver's license, such person shall give such bond.
Such bond shall be subject to forfeiture if the person stopped does not
appear at the court and at the time specified in the written notice pro-
vided for in K.S.A. 8-2106, and amendments thereto.

      (2) Such bond may be a cash bond, a bank card draft from any valid
and unexpired credit card approved by the division of vehicles or super-
intendent of the Kansas highway patrol or a guaranteed arrest bond cer-
tificate issued by either a surety company authorized to transact such
business in this state or an automobile club authorized to transact business
in this state by the commissioner of insurance. If any of the approved
bank card issuers redeem the bank card draft at a discounted rate, such
discount shall be charged against the amount designated as the fine for
the offense. If such bond is not forfeited, the amount of the bond less
the discount rate shall be reimbursed to the person providing the bond
by the use of a bank card draft. Any such guaranteed arrest bond certif-
icate shall be signed by the person to whom it is issued and shall contain
a printed statement that such surety company or automobile club guar-
antees the appearance of such person and will, in the event of failure of
such person to appear in court at the time of trial, pay any fine or forfei-
ture imposed on such person not to exceed an amount to be stated on
such certificate.

      (3) Such cash bond shall be taken in the following manner: The police
officer shall furnish the person stopped a stamped envelope addressed to
the judge or clerk of the court named in the written notice to appear and
the person shall place in such envelope the amount of the bond, and in
the presence of the police officer shall deposit the same in the United
States mail. After such cash payment, the person stopped need not sign
the written notice to appear, but the police officer shall note the amount
of the bond mailed on the notice to appear form and shall give a copy of
such form to the person. If the person stopped furnishes the police officer
with a guaranteed arrest bond certificate or bank card draft, the police
officer shall give such person a receipt therefor and shall note the amount
of the bond on the notice to appear form and give a copy of such form
to the person stopped. Such person need not sign the written notice to
appear, and the police officer shall present the notice to appear and the
guaranteed arrest bond certificate or bank card draft to the court having
jurisdiction of the offense charged as soon as reasonably possible.

      (d) The offenses for which appearance bonds may be required as
provided in subsection (c) and the amounts thereof shall be as follows:

      On and after July 1, 1996:

Reckless driving	$82
Driving when privilege is canceled, suspended or revoked	82
Failure to comply with lawful order of officer	57
Registration violation (registered for 12,000 pounds or less)	52
Registration violation (registered for more than 12,000 pounds)	92
No driver's license for the class of vehicle operated or violation ofrestrictions	52
Spilling load on highway	52

Overload:

Gross weight of vehicle or combination of
vehicles	an amount equal to the fine plus
	docket fee to be imposed if convicted
Gross weight upon any axle or
tandem, triple or quad axles	an amount equal to the fine plus
	docket fee to be imposed if convicted
Failure to obtain proper registration, clearance or to have current certi-
fication as required by K.S.A. 66-1324, and amendments thereto	272
Insufficient liability insurance for motor carriers pursuant to K.S.A. 66-
1,128 or 66-1314, and amendments thereto	122
Failure to obtain interstate motor fuel tax authorization pursuant to K.S.A.
79-34,122, and amendments thereto	122
Improper equipment (glass or fire extinguishers)	52
No authority as private, contract or common carrier	122
No current driver's daily log	52
Invalid or no physical examination card	52
Transporting open container of alcoholic liquor or cereal malt beverage
accessible while vehicle in motion	223

      (e) In the event of forfeiture of any bond under this section, $45 $54
of the amount forfeited shall be regarded as a docket fee in any court
having jurisdiction over the violation of state law.

      (f) None of the provisions of this section shall be construed to conflict
with the provisions of the nonresident violator compact.

      (g) When a person is stopped by a police officer for any traffic in-
fraction and the person is a resident of a state which is not a member of
the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments
thereto, or the person is licensed to drive under the laws of a foreign
country, the police officer may require a bond as provided for under
subsection (c). The bond shall be in the amount specified in the uniform
fine schedule in subsection (c) of K.S.A. 8-2118, and amendments
thereto, plus $45 $54 which shall be regarded as a docket fee in any court
having jurisdiction over the violation of state law.

      (h) When a person is stopped by a police officer for failure to provide
proof of financial security pursuant to K.S.A. 40-3104, and amendments
thereto, and the person is a resident of another state or the person is
licensed to drive under the laws of a foreign country, the police officer
may require a bond as provided for under subsection (c). The bond shall
be in the amount of $54, plus $45 $54 which shall be regarded as a docket
fee in any court having jurisdiction over the violation of state law.

      Sec.  3. K.S.A. 20-1a04 is hereby amended to read as follows: 20-
1a04. The clerk of the supreme court shall remit to the state treasurer at
least monthly all moneys received by or for him such clerk for docket
fees, and all amounts received for other purposes than those specified in
K.S.A. 20-1a01, 20-1a02 or 20-1a03, and amendments thereto, unless by
order of the supreme court he such clerk is directed to make other dis-
position thereof. Upon receipt of any such remittance the state treasurer
shall deposit and credit to the judicial branch nonjudicial salary initiative
fund, a sum equal to 56% of the remittances of docket fees and to the state
general fund, a sum equal to 44% of the remittance of docket fees. The
entire amount thereof in the state treasury and the entire amount thereof
shall be credited to the state general fund.

      Sec.  4. K.S.A. 1999 Supp. 20-367 is hereby amended to read as fol-
lows: 20-367. Of the remittance of the balance of docket fees received
monthly by the state treasurer from clerks of the district court pursuant
to subsection (f) of K.S.A. 20-362, and amendments thereto, the state
treasurer shall deposit and credit to the access to justice fund, a sum
equal to 6.78% 6.05% of the remittances of docket fees; to the juvenile
detention facilities fund, a sum equal to 4.35% 3.36% of the remittances
of docket fees; to the judicial branch education fund, the state treasurer
shall deposit and credit a sum equal to 3.34% 2.58% of the remittances
of docket fees; to the crime victims assistance fund, the state treasurer
shall deposit and credit a sum equal to .9% .69% of the remittances of
the docket fees; to the protection from abuse fund, the state treasurer
shall deposit and credit a sum equal to 2.68% 2.07% of the remittances
of the docket fees; to the judiciary technology fund, the state treasurer
shall deposit and credit a sum equal to 6.77% 5.23% of the remittances
of docket fees; to the dispute resolution fund, the state treasurer shall
deposit and credit a sum equal to .56% .43% of the remittances of docket
fees; to the Kansas endowment for youth juvenile delinquency prevention
trust fund, the state treasurer shall deposit and credit a sum equal to
1.98% 1.53% of the remittances of docket fees; and to the permanent
families account in the family and children investment fund, the state
treasurer shall deposit and credit a sum equal to .32% .25% of the re-
mittances of docket fees; to the trauma fund, a sum equal to 2.34% 1.81%
of the remittance of docket fees; and to the judicial branch nonjudicial
salary initiative fund, the state treasurer shall deposit and credit a sum
equal to 21.97% of the remittance of docket fees. The balance remaining
of the remittances of docket fees shall be deposited and credited to the
state general fund.

      Sec.  5. K.S.A. 1999 Supp. 28-172a is hereby amended to read as
follows: 28-172a. (a) Except as otherwise provided in this section, when-
ever the prosecuting witness or defendant is adjudged to pay the costs in
a criminal proceeding in any county, a docket fee shall be taxed as follows:

      On and after July 1, 1998:

Murder or manslaughter	$164.50
Other felony	134.50 146.00
Misdemeanor	102.50 111.00
Forfeited recognizance	62.50
Appeals from other courts	62.50

      (b)  (1) Except as provided in paragraph (2), in actions involving the
violation of any of the laws of this state regulating traffic on highways
(including those listed in subsection (c) of K.S.A. 8-2118, and amend-
ments thereto), a cigarette or tobacco infraction, any act declared a crime
pursuant to the statutes contained in chapter 32 of Kansas Statutes An-
notated and amendments thereto or any act declared a crime pursuant
to the statutes contained in article 8 of chapter 82a of the Kansas Statutes
Annotated, and amendments thereto, whenever the prosecuting witness
or defendant is adjudged to pay the costs in the action, a docket fee of
$45 $54 shall be charged. When an action is disposed of under subsections
(a) and (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393, and
amendments thereto, whether by mail or in person, the docket fee to be
paid as court costs shall be $45 $54.

      (2) In actions involving the violation of a moving traffic violation un-
der K.S.A. 8-2118, and amendments thereto, as defined by rules and
regulations adopted under K.S.A. 8-249, and amendments thereto, when-
ever the prosecuting witness or defendant is adjudged to pay the costs in
the action, a docket fee of $46 $54 shall be charged. When an action is
disposed of under subsection (a) and (b) of K.S.A. 8-2118, and amend-
ments thereto, whether by mail or in person, the docket fee to be paid
as court costs shall be $46 $54.

      (c) If a conviction is on more than one count, the docket fee shall be
the highest one applicable to any one of the counts. The prosecuting
witness or defendant, if assessed the costs, shall pay only one fee. Multiple
defendants shall each pay one fee.

      (d) Statutory charges for law library funds, the law enforcement train-
ing center fund, the prosecuting attorneys' training fund, the juvenile
detention facilities fund, the judicial branch education fund, the emer-
gency medical services operating fund and the judiciary technology fund
shall be paid from the docket fee; the family violence and child abuse and
neglect assistance and prevention fund fee shall be paid from criminal
proceedings docket fees. All other fees and expenses to be assessed as
additional court costs shall be approved by the court, unless specifically
fixed by statute. Additional fees shall include, but are not limited to, fees
for Kansas bureau of investigation forensic or laboratory analyses, fees for
detention facility processing pursuant to K.S.A. 1999 Supp. 12-16,119,
and amendments thereto, fees for the sexual assault evidence collection
kit, fees for conducting an examination of a sexual assault victim, fees for
service of process outside the state, witness fees, fees for transcripts and
depositions, costs from other courts, doctors' fees and examination and
evaluation fees. No sheriff in this state shall charge any district court of
this state a fee or mileage for serving any paper or process.

      (e) In each case charging a violation of the laws relating to parking
of motor vehicles on the statehouse grounds or other state-owned or
operated property in Shawnee county, Kansas, as specified in K.S.A. 75-
4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and
amendments thereto, the clerk shall tax a fee of $2 which shall constitute
the entire costs in the case, except that witness fees, mileage and expenses
incurred in serving a warrant shall be in addition to the fee. Appearance
bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amend-
ments thereto, shall be $3, unless a warrant is issued. The judge may
order the bond forfeited upon the defendant's failure to appear, and $2
of any bond so forfeited shall be regarded as court costs.

      Sec.  6. K.S.A. 1999 Supp. 60-2001 is hereby amended to read as
follows: 60-2001. (a) Docket fee. Except as otherwise provided by law, no
case shall be filed or docketed in the district court, whether original or
appealed, without payment of a docket fee in the amount of $66.50 $101
to the clerk of the district court.

      (b) Poverty affidavit in lieu of docket fee. (1) Effect. In any case where
a plaintiff by reason of poverty is unable to pay a docket fee, and an
affidavit so stating is filed, no fee will be required. An inmate in the
custody of the secretary of corrections may file a poverty affidavit only if
the inmate attaches a statement disclosing the average account balance,
or the total deposits, whichever is less, in the inmate's trust fund for each
month in (A) the six-month period preceding the filing of the action; or
(B) the current period of incarceration, whichever is shorter. Such state-
ment shall be certified by the secretary. On receipt of the affidavit and
attached statement, the court shall determine the initial fee to be assessed
for filing the action and in no event shall the court require an inmate to
pay less than $3. The secretary of corrections is hereby authorized to
disburse money from the inmate's account to pay the costs as determined
by the court. If the inmate has a zero balance in such inmate's account,
the secretary shall debit such account in the amount of $3 per filing fee
as established by the court until money is credited to the account to pay
such docket fee. Any initial filing fees assessed pursuant to this subsection
shall not prevent the court, pursuant to subsection (d), from taxing that
individual for the remainder of the amount required under subsection (a)
or this subsection.

      (2) Form of affidavit. The affidavit provided for in this subsection
shall be in the following form and attached to the petition:

State of Kansas, ________ County.

      In the district court of the county: I do solemnly swear that the claim set forth in the
petition herein is just, and I do further swear that, by reason of my poverty, I am unable to
pay a docket fee.

      (c) Disposition of docket fee. The docket fee shall be the only costs
assessed in each case for services of the clerk of the district court and the
sheriff. The docket fee shall be disbursed in accordance with K.S.A. 20-
362 and amendments thereto.

      (d) Additional court costs. Other fees and expenses to be assessed as
additional court costs shall be approved by the court, unless specifically
fixed by statute. Other fees shall include, but not be limited to, witness
fees, appraiser fees, fees for service of process outside the state, fees for
depositions, alternative dispute resolution fees, transcripts and publica-
tion, attorney fees, court costs from other courts and any other fees and
expenses required by statute. All additional court costs shall be taxed and
billed against the parties as directed by the court. No sheriff in this state
shall charge any district court in this state a fee or mileage for serving any
paper or process.

      Sec.  7. K.S.A. 1999 Supp. 61-2501 is hereby amended to read as
follows: 61-2501. (a) Docket fee. No case shall be filed or docketed pur-
suant to this chapter without the payment of a docket fee in the amount
of $19.50, if the amount in controversy or claimed does not exceed $500;
$39.50, if the amount in controversy or claimed exceeds $500 but does
not exceed $5,000; $26, if the amount in controversy or claimed does not
exceed $500, or $64.50 $46, if the amount in controversy or claimed ex-
ceeds $500 but does not exceed $5,000 or $76 if the amount in controversy
or claimed exceeds $5,000. If judgment is rendered for the plaintiff, the
court also may enter judgment for the plaintiff for the amount of the
docket fee paid by the plaintiff.

      (b) Poverty affidavit; additional court costs. The provisions of sub-
sections (b), (c) and (d) of K.S.A. 60-2001 and amendments thereto shall
be applicable to actions pursuant to this chapter.

      Sec.  8. K.S.A. 1999 Supp. 61-2704 is hereby amended to read as
follows: 61-2704. (a) An action seeking the recovery of a small claim shall
be considered to have been commenced at the time a person files a writ-
ten statement of the person's small claim with the clerk of the court if,
within 90 days after the small claim is filed, service of process is obtained
or the first publication is made for service by publication. Otherwise, the
action is deemed commenced at the time of service of process or first
publication. An entry of appearance shall have the same effect as service.

      (b) Upon the filing of a plaintiff's small claim, the clerk of the court
shall require from the plaintiff a docket fee of $19.50 $26, if the claim
does not exceed $500; or $39.50 $46, if the claim exceeds $500; unless
for good cause shown the judge waives the fee. The docket fee shall be
the only costs required in an action seeking recovery of a small claim. No
person may file more than 10 small claims under this act in the same
court during any calendar year.

      Sec.  9. K.S.A. 20-1a04 and K.S.A. 1999 Supp. 8-2107, 20-367, 20-
367a, 28-172a, 60-2001, 61-2501 and 61-2704 are hereby repealed.

      Sec.  10. This act shall take effect and be in force from and after its
publication in the statute book.