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Session of 2000
          HOUSE BILL No. 2856           By Committee on Appropriations           2-3          

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  9             AN  ACT concerning docket fees; establishing the judicial branch non-
10             judicial salary initiative fund; relating to compensation for certain non-
11             judicial employees in the judicial branch; amending K.S.A. 20-1a04
12             and K.S.A. 1999 Supp. 8-2107, 20-367, 28-172a, 60-2001, 61-2501 and
13             61-2704 and repealing the existing sections; also repealing K.S.A. 1999
14             Supp. 20-367a.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             New Section  1. (a) There is hereby established in the state treasury
18       the judicial branch nonjudicial salary initiative fund.
19             (b) All moneys credited to the fund shall be used for the purpose of
20       providing annual salary adjustments for judicial branch employees. Ex-
21       penditures from the fund shall be in addition to the funding authorized
22       for increases to the rates of compensation of the pay plan for persons in
23       the classified service under the Kansas civil service act for fiscal years
24       commencing after June 30, 2000. Moneys credited to the fund shall not
25       be used for judicial salary increases.
26             (c)  All expenditures from the judicial branch nonjudicial salary ini-
27       tiative fund shall be made in accordance with appropriation acts and upon
28       warrants of the director of accounts and reports issued pursuant to pay-
29       rolls approved by the chief justice of the Kansas supreme court or by a
30       person or persons designated by the chief justice.
31             Sec.  2. K.S.A. 1999 Supp. 8-2107 is hereby amended to read as fol-
32       lows: 8-2107. (a) (1) Notwithstanding any other provisions of the uniform
33       act regulating traffic on highways, when a person is stopped by a police
34       officer for any of the offenses described in subsection (d) and such person
35       is not immediately taken before a judge of the district court, the police
36       officer may require the person stopped, subject to the provisions of sub-
37       section (c), to deposit with the officer a valid Kansas driver's license in
38       exchange for a receipt therefor issued by such police officer, the form of
39       which shall be approved by the division of vehicles. Such receipt shall be
40       recognized as a valid temporary Kansas driver's license authorizing the
41       operation of a motor vehicle by the person stopped until the date of the
42       hearing stated on the receipt. The driver's license and a written copy of
43       the notice to appear shall be delivered by the police officer to the court

2
  1       having jurisdiction of the offense charged as soon as reasonably possible.
  2       If the hearing on such charge is continued for any reason, the judge may
  3       note on the receipt the date to which such hearing has been continued
  4       and such receipt shall be recognized as a valid temporary Kansas driver's
  5       license until such date, but in no event shall such receipt be recognized
  6       as a valid Kansas driver's license for a period longer than 30 days from
  7       the date set for the original hearing. Any person who has deposited a
  8       driver's license with a police officer under this subsection (a) shall have
  9       such license returned upon final determination of the charge against such
10       person.
11             (2) In the event the person stopped deposits a valid Kansas driver's
12       license with the police officer and fails to appear in the district court on
13       the date set for appearance, or any continuance thereof, and in any event
14       within 30 days from the date set for the original hearing, the court shall
15       forward such person's driver's license to the division of vehicles with an
16       appropriate explanation attached thereto. Upon receipt of such person's
17       driver's license, the division shall suspend such person's privilege to op-
18       erate a motor vehicle in this state until such person appears before the
19       court having jurisdiction of the offense charged, the court makes a final
20       disposition thereof and notice of such disposition is given by the court to
21       the division. No new or replacement license shall be issued to any such
22       person until such notice of disposition has been received by the division.
23       The provisions of K.S.A. 8-256, and amendments thereto, limiting the
24       suspension of a license to one year, shall not apply to suspensions for
25       failure to appear as provided in this subsection (a).
26             (b) No person shall apply for a replacement or new driver's license
27       prior to the return of such person's original license which has been de-
28       posited in lieu of bond under this section. Violation of this subsection (b)
29       is a class C misdemeanor. The division may suspend such person's driver's
30       license for a period of not to exceed one year from the date the division
31       receives notice of the disposition of the person's charge as provided in
32       subsection (a).
33             (c)  (1) In lieu of depositing a valid Kansas driver's license with the
34       stopping police officer as provided in subsection (a), the person stopped
35       may elect to give bond in the amount specified in subsection (d) for the
36       offense for which the person was stopped. When such person does not
37       have a valid Kansas driver's license, such person shall give such bond.
38       Such bond shall be subject to forfeiture if the person stopped does not
39       appear at the court and at the time specified in the written notice pro-
40       vided for in K.S.A. 8-2106, and amendments thereto.
41             (2) Such bond may be a cash bond, a bank card draft from any valid
42       and unexpired credit card approved by the division of vehicles or super-
43       intendent of the Kansas highway patrol or a guaranteed arrest bond cer-

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  1       tificate issued by either a surety company authorized to transact such
  2       business in this state or an automobile club authorized to transact business
  3       in this state by the commissioner of insurance. If any of the approved
  4       bank card issuers redeem the bank card draft at a discounted rate, such
  5       discount shall be charged against the amount designated as the fine for
  6       the offense. If such bond is not forfeited, the amount of the bond less
  7       the discount rate shall be reimbursed to the person providing the bond
  8       by the use of a bank card draft. Any such guaranteed arrest bond certif-
  9       icate shall be signed by the person to whom it is issued and shall contain
10       a printed statement that such surety company or automobile club guar-
11       antees the appearance of such person and will, in the event of failure of
12       such person to appear in court at the time of trial, pay any fine or forfei-
13       ture imposed on such person not to exceed an amount to be stated on
14       such certificate.
15             (3) Such cash bond shall be taken in the following manner: The police
16       officer shall furnish the person stopped a stamped envelope addressed to
17       the judge or clerk of the court named in the written notice to appear and
18       the person shall place in such envelope the amount of the bond, and in
19       the presence of the police officer shall deposit the same in the United
20       States mail. After such cash payment, the person stopped need not sign
21       the written notice to appear, but the police officer shall note the amount
22       of the bond mailed on the notice to appear form and shall give a copy of
23       such form to the person. If the person stopped furnishes the police officer
24       with a guaranteed arrest bond certificate or bank card draft, the police
25       officer shall give such person a receipt therefor and shall note the amount
26       of the bond on the notice to appear form and give a copy of such form
27       to the person stopped. Such person need not sign the written notice to
28       appear, and the police officer shall present the notice to appear and the
29       guaranteed arrest bond certificate or bank card draft to the court having
30       jurisdiction of the offense charged as soon as reasonably possible.
31             (d) The offenses for which appearance bonds may be required as
32       provided in subsection (c) and the amounts thereof shall be as follows:
33             On and after July 1, 1996:

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

41             Overload:

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1       2	Gross weight of vehicle or combinationof vehicles	an amount equal to the fine plus docketfee to be imposed if convicted
3       4	Gross weight upon any axle or tandem,triple or quad axles	an amount equal to the fine plus docketfee to be imposed if convicted
5	Failure to obtain proper registration, clearance or to have current certi-fication as required by K.S.A. 66-1324, and amendments thereto	272
6	Insufficient liability insurance for motor carriers pursuant to K.S.A. 66-1,128 or 66-1314, and amendments thereto	122
7	Failure to obtain interstate motor fuel tax authorization pursuant to K.S.A.79-34,122, and amendments thereto	122
8	Improper equipment (glass or fire extinguishers)	52
9	No authority as private, contract or common carrier	122
10	No current driver's daily log	52
11	Invalid or no physical examination card	52
12	Transporting open container of alcoholic liquor or cereal malt beverageaccessible while vehicle in motion	223

13             (e) In the event of forfeiture of any bond under this section, $45 $46
14       of the amount forfeited shall be regarded as a docket fee in any court
15       having jurisdiction over the violation of state law.
16             (f) None of the provisions of this section shall be construed to conflict
17       with the provisions of the nonresident violator compact.
18             (g) When a person is stopped by a police officer for any traffic in-
19       fraction and the person is a resident of a state which is not a member of
20       the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments
21       thereto, or the person is licensed to drive under the laws of a foreign
22       country, the police officer may require a bond as provided for under
23       subsection (c). The bond shall be in the amount specified in the uniform
24       fine schedule in subsection (c) of K.S.A. 8-2118, and amendments
25       thereto, plus $45 $46 which shall be regarded as a docket fee in any court
26       having jurisdiction over the violation of state law.
27             (h) When a person is stopped by a police officer for failure to provide
28       proof of financial security pursuant to K.S.A. 40-3104, and amendments
29       thereto, and the person is a resident of another state or the person is
30       licensed to drive under the laws of a foreign country, the police officer
31       may require a bond as provided for under subsection (c). The bond shall
32       be in the amount of $54, plus $45 $46 which shall be regarded as a docket
33       fee in any court having jurisdiction over the violation of state law.
34             Sec.  3. K.S.A. 20-1a04 is hereby amended to read as follows: 20-
35       1a04. The clerk of the supreme court shall remit to the state treasurer at
36       least monthly all moneys received by or for him such clerk for docket
37       fees, and all amounts received for other purposes than those specified in

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  1       K.S.A. 20-1a01, 20-1a02 or 20-1a03, and amendments thereto, unless by
  2       order of the supreme court he such clerk is directed to make other dis-
  3       position thereof. Upon receipt of any such remittance the state treasurer
  4       shall deposit and credit to the judicial branch nonjudicial salary initiative
  5       fund, a sum equal to 55% of the remittances of docket fees and to the state
  6       general fund, a sum equal to 45% of the remittance of docket fees. The
  7       entire amount thereof in the state treasury and the entire amount thereof
  8       shall be credited to the state general fund.
  9             Sec.  4. K.S.A. 1999 Supp. 20-367 is hereby amended to read as fol-
10       lows: 20-367. Of the remittance of the balance of docket fees received
11       monthly by the state treasurer from clerks of the district court pursuant
12       to subsection (f) of K.S.A. 20-362, and amendments thereto, the state
13       treasurer shall deposit and credit to the access to justice fund, a sum
14       equal to 6.78% 5.34% of the remittances of docket fees; to the juvenile
15       detention facilities fund, a sum equal to 4.35% 3.42% of the remittances
16       of docket fees; to the judicial branch education fund, the state treasurer
17       shall deposit and credit a sum equal to 3.34% 2.63% of the remittances
18       of docket fees; to the crime victims assistance fund, the state treasurer
19       shall deposit and credit a sum equal to .9% .71% of the remittances of
20       the docket fees; to the protection from abuse fund, the state treasurer
21       shall deposit and credit a sum equal to 2.68% 2.11% of the remittances
22       of the docket fees; to the judiciary technology fund, the state treasurer
23       shall deposit and credit a sum equal to 6.77% 5.33% of the remittances
24       of docket fees; to the dispute resolution fund, the state treasurer shall
25       deposit and credit a sum equal to .56% .44% of the remittances of docket
26       fees; to the Kansas endowment for youth trust fund, the state treasurer
27       shall deposit and credit a sum equal to 1.98% 1.56% of the remittances
28       of docket fees; and to the permanent families account in the family and
29       children investment fund, the state treasurer shall deposit and credit a
30       sum equal to .32% .25% of the remittances of docket fees; to the trauma
31       fund, a sum equal to 2.34% 1.844% of the remittance of docket fees; and
32       to the judicial branch nonjudicial salary initiative fund, the state treasurer
33       shall deposit and credit a sum equal to 21.28% of the remittance of docket
34       fees. The balance remaining of the remittances of docket fees shall be
35       deposited and credited to the state general fund.
36             Sec.  5. K.S.A. 1999 Supp. 28-172a is hereby amended to read as
37       follows: 28-172a. (a) Except as otherwise provided in this section, when-
38       ever the prosecuting witness or defendant is adjudged to pay the costs in
39       a criminal proceeding in any county, a docket fee shall be taxed as follows:
40             On and after July 1, 1998:

41	Murder or manslaughter	$164.50
42	Other felony 134.50	140.00
43	Misdemeanor 102.50	105.00

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1	Forfeited recognizance	62.50
2	Appeals from other courts	62.50

  3             (b)  (1) Except as provided in paragraph (2), in actions involving the
  4       violation of any of the laws of this state regulating traffic on highways
  5       (including those listed in subsection (c) of K.S.A. 8-2118, and amend-
  6       ments thereto), a cigarette or tobacco infraction, any act declared a crime
  7       pursuant to the statutes contained in chapter 32 of Kansas Statutes An-
  8       notated and amendments thereto or any act declared a crime pursuant
  9       to the statutes contained in article 8 of chapter 82a of the Kansas Statutes
10       Annotated, and amendments thereto, whenever the prosecuting witness
11       or defendant is adjudged to pay the costs in the action, a docket fee of
12       $45 $46 shall be charged. When an action is disposed of under subsections
13       (a) and (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393, and
14       amendments thereto, whether by mail or in person, the docket fee to be
15       paid as court costs shall be $45 $46.
16             (2) In actions involving the violation of a moving traffic violation un-
17       der K.S.A. 8-2118, and amendments thereto, as defined by rules and
18       regulations adopted under K.S.A. 8-249, and amendments thereto, when-
19       ever the prosecuting witness or defendant is adjudged to pay the costs in
20       the action, a docket fee of $46 shall be charged. When an action is dis-
21       posed of under subsection (a) and (b) of K.S.A. 8-2118, and amendments
22       thereto, whether by mail or in person, the docket fee to be paid as court
23       costs shall be $46.
24             (c) If a conviction is on more than one count, the docket fee shall be
25       the highest one applicable to any one of the counts. The prosecuting
26       witness or defendant, if assessed the costs, shall pay only one fee. Multiple
27       defendants shall each pay one fee.
28             (d) Statutory charges for law library funds, the law enforcement train-
29       ing center fund, the prosecuting attorneys' training fund, the juvenile
30       detention facilities fund, the judicial branch education fund, the emer-
31       gency medical services operating fund and the judiciary technology fund
32       shall be paid from the docket fee; the family violence and child abuse and
33       neglect assistance and prevention fund fee shall be paid from criminal
34       proceedings docket fees. All other fees and expenses to be assessed as
35       additional court costs shall be approved by the court, unless specifically
36       fixed by statute. Additional fees shall include, but are not limited to, fees
37       for Kansas bureau of investigation forensic or laboratory analyses, fees for
38       detention facility processing pursuant to K.S.A. 1999 Supp. 12-16,119,
39       and amendments thereto, fees for the sexual assault evidence collection
40       kit, fees for conducting an examination of a sexual assault victim, fees for
41       service of process outside the state, witness fees, fees for transcripts and
42       depositions, costs from other courts, doctors' fees and examination and
43       evaluation fees. No sheriff in this state shall charge any district court of

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  1       this state a fee or mileage for serving any paper or process.
  2             (e) In each case charging a violation of the laws relating to parking
  3       of motor vehicles on the statehouse grounds or other state-owned or
  4       operated property in Shawnee county, Kansas, as specified in K.S.A. 75-
  5       4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and
  6       amendments thereto, the clerk shall tax a fee of $2 which shall constitute
  7       the entire costs in the case, except that witness fees, mileage and expenses
  8       incurred in serving a warrant shall be in addition to the fee. Appearance
  9       bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amend-
10       ments thereto, shall be $3, unless a warrant is issued. The judge may
11       order the bond forfeited upon the defendant's failure to appear, and $2
12       of any bond so forfeited shall be regarded as court costs.
13             Sec.  6. K.S.A. 1999 Supp. 60-2001 is hereby amended to read as
14       follows: 60-2001. (a) Docket fee. Except as otherwise provided by law, no
15       case shall be filed or docketed in the district court, whether original or
16       appealed, without payment of a docket fee in the amount of $66.50 $100
17       to the clerk of the district court.
18             (b) Poverty affidavit in lieu of docket fee. (1) Effect. In any case where
19       a plaintiff by reason of poverty is unable to pay a docket fee, and an
20       affidavit so stating is filed, no fee will be required. An inmate in the
21       custody of the secretary of corrections may file a poverty affidavit only if
22       the inmate attaches a statement disclosing the average account balance,
23       or the total deposits, whichever is less, in the inmate's trust fund for each
24       month in (A) the six-month period preceding the filing of the action; or
25       (B) the current period of incarceration, whichever is shorter. Such state-
26       ment shall be certified by the secretary. On receipt of the affidavit and
27       attached statement, the court shall determine the initial fee to be assessed
28       for filing the action and in no event shall the court require an inmate to
29       pay less than $3. The secretary of corrections is hereby authorized to
30       disburse money from the inmate's account to pay the costs as determined
31       by the court. If the inmate has a zero balance in such inmate's account,
32       the secretary shall debit such account in the amount of $3 per filing fee
33       as established by the court until money is credited to the account to pay
34       such docket fee. Any initial filing fees assessed pursuant to this subsection
35       shall not prevent the court, pursuant to subsection (d), from taxing that
36       individual for the remainder of the amount required under subsection (a)
37       or this subsection.
38             (2) Form of affidavit. The affidavit provided for in this subsection
39       shall be in the following form and attached to the petition:
40       State of Kansas, __________ County.
41             In the district court of the county: I do solemnly swear that the claim set forth in the
42       petition herein is just, and I do further swear that, by reason of my poverty, I am unable to
43       pay a docket fee.

8
  1             (c) Disposition of docket fee. The docket fee shall be the only costs
  2       assessed in each case for services of the clerk of the district court and the
  3       sheriff. The docket fee shall be disbursed in accordance with K.S.A. 20-
  4       362 and amendments thereto.
  5             (d) Additional court costs. Other fees and expenses to be assessed as
  6       additional court costs shall be approved by the court, unless specifically
  7       fixed by statute. Other fees shall include, but not be limited to, witness
  8       fees, appraiser fees, fees for service of process outside the state, fees for
  9       depositions, alternative dispute resolution fees, transcripts and publica-
10       tion, attorney fees, court costs from other courts and any other fees and
11       expenses required by statute. All additional court costs shall be taxed and
12       billed against the parties as directed by the court. No sheriff in this state
13       shall charge any district court in this state a fee or mileage for serving any
14       paper or process.
15             Sec.  7. K.S.A. 1999 Supp. 61-2501 is hereby amended to read as
16       follows: 61-2501. (a) Docket fee. No case shall be filed or docketed pur-
17       suant to this chapter without the payment of a docket fee in the amount
18       of $19.50, if the amount in controversy or claimed does not exceed $500;
19       $39.50, if the amount in controversy or claimed exceeds $500 but does
20       not exceed $5,000; $45, if the amount in controversy or claimed does not
21       exceed $5,000, or $64.50 $75, if the amount in controversy or claimed
22       exceeds $5,000. If judgment is rendered for the plaintiff, the court also
23       may enter judgment for the plaintiff for the amount of the docket fee
24       paid by the plaintiff.
25             (b) Poverty affidavit; additional court costs. The provisions of sub-
26       sections (b), (c) and (d) of K.S.A. 60-2001 and amendments thereto shall
27       be applicable to actions pursuant to this chapter.
28             Sec.  8. K.S.A. 1999 Supp. 61-2704 is hereby amended to read as
29       follows: 61-2704. (a) An action seeking the recovery of a small claim shall
30       be considered to have been commenced at the time a person files a writ-
31       ten statement of the person's small claim with the clerk of the court if,
32       within 90 days after the small claim is filed, service of process is obtained
33       or the first publication is made for service by publication. Otherwise, the
34       action is deemed commenced at the time of service of process or first
35       publication. An entry of appearance shall have the same effect as service.
36             (b) Upon the filing of a plaintiff's small claim, the clerk of the court
37       shall require from the plaintiff a docket fee of $19.50 $25, if the claim
38       does not exceed $500; or $39.50 $45, if the claim exceeds $500; unless
39       for good cause shown the judge waives the fee. The docket fee shall be
40       the only costs required in an action seeking recovery of a small claim. No
41       person may file more than 10 small claims under this act in the same
42       court during any calendar year. 
43       Sec.  9. K.S.A. 20-1a04 and K.S.A. 1999 Supp. 8-2107, 20-367, 20-

9
  1       367a, 28-172a, 60-2001, 61-2501 and 61-2704 are hereby repealed.
  2        Sec.  10. This act shall take effect and be in force from and after its
  3       publication in the statute book.