An Act concerning courts, docket fees, disposition thereof; civil procedure; relating to postdivorce motion docket fees; creating the access to justice fund and the Kansas en- dowment for youth trust fund in the state treasury; protection from abuse fund and crime victims assistance fund; amending K.S.A. 19-101e, 19-4707, 20-367, 20-367, as amended by section 3 of this bill, 20-3129, 38-1511, 38-1613, 59-618a, 61-2501 and 61- 2704 and K.S.A. 1995 Supp. 8-2107, 12-4117, 28-172a, 59-104, 60-2001, as amended by section 5 of 1996 House Bill No. 2310, and 72-7325 and repealing the existing sec- tions; also repealing K.S.A. 1995 Supp. 28-172c.

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

New Section 1. (a) There is hereby created in the state treasury the access to justice fund. Money credited to the fund pursuant to K.S.A. 20- 362, and amendments thereto, shall be used solely for the purpose of making grants for operating expenses to programs, including dispute res- olution programs, which provide access to the Kansas civil justice system for persons who would otherwise be unable to gain access to civil justice. Such programs may provide legal assistance to pro se litigants, legal coun- sel for civil and domestic matters or other legal or dispute resolution services provided the recipient of the assistance or counsel meets financial qualifications under guidelines established by the program in accordance with grant guidelines promulgated by the supreme court of Kansas.

(b) All expenditures from the access to justice fund shall be made in accordance with appropriations acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by the chief justice of the Kansas supreme court or by a person or persons designated by the chief justice.

(c) The chief justice may apply for, receive and accept money from any source for the purposes for which money in the access to justice fund may be expended. Upon receipt of any such money, the chief justice shall remit the entire amount at least monthly to the state treasurer, who shall deposit it in the state treasury and credit it to the access to justice fund.

(d) Grants made to programs pursuant to this section shall be based on the number of persons to be served and such other requirements as may be established by the Kansas supreme court in guidelines established and promulgated to regulate grants made under authority of this section. The guidelines may include requirements for grant applications, organi- zational characteristics, reporting and auditing criteria and such other standards for eligibility and accountability as are deemed advisable by the supreme court.

New Sec. 2. (a) No postdivorce motion petitioning for a change in child custody, a modification of child support or a change in visitation shall be filed or docketed in the district court without payment of a docket fee in the amount of $20 to the clerk of the district court.

(b) A poverty affidavit may be filed in lieu of a docket fee as estab- lished in K.S.A. 60-2001, and amendments thereto.

(c) 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 subsection (f) of K.S.A. 20-362, and amendments thereto.

Sec. 3. K.S.A. 20-367 is hereby amended to read as follows: 20-367. (a) Except as provided by subsection (b), 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 amend- ments thereto, the state treasurer shall deposit and credit to the access to justice fund, a sum equal to 6.94% of the remittances of docket fees; to the juvenile detention facilities fund, a sum equal to 5.12% 4.45% of the remittances of docket fees; to the judicial branch education fund, the state treasurer shall deposit and credit a sum equal to 3.93% 3.42% of the remittances of docket fees; to the crime victims assistance fund, the state treasurer shall deposit and credit a sum equal to .92% of the remittances of the docket fees; to the protection from abuse fund, the state treasurer shall deposit and credit a sum equal to 2.75% of the remittances of the docket fees; to the emergency medical services operating fund, the state treasurer shall deposit and credit a sum equal to 2.95% 2.57% of the remittances of docket fees; to the judiciary technology fund, the state treasurer shall deposit and credit a sum equal to 5.01% 4.36% of the remittances of docket fees; and to the dispute resolution fund, the state treasurer shall deposit and credit a sum equal to .65% .57% of the re- mittances of docket fees; to the Kansas endowment for youth trust fund, the state treasurer shall deposit and credit a sum equal to 2.03% 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 .33% of the remittances of docket fees. The balance remaining of the remittances of docket fees shall be deposited and cred- ited to the state general fund.

(b) With regard to docket fees collected for the period commencing July 1, 1994, and ending June 30, 1996, of the remittance of the balance of such 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 juvenile detention facilities fund, a sum equal to 5.01% of the remittances of docket fees; to the judicial branch education fund, the state treasurer shall deposit and credit a sum equal to 3.85% of the remittances of docket fees; to the protection from abuse fund, the state treasurer shall deposit and credit a sum equal to 1.04% of the remittances of docket fees; to the crime victims assistance fund, the state treasurer shall deposit and credit a sum equal to 1.04% of the remittances of docket fees; to the emergency medical services operating fund, the state treasurer shall deposit and credit a sum equal to 2.89% of the remittances of docket fees; to the judiciary technology fund, the state treasurer shall deposit and credit a sum equal to 4.91% of the remittances of docket fees; and to the dispute resolution fund, the state treasurer shall deposit and credit a sum equal to .64% of the remittances of docket fees. The balance remaining of the remittances of such docket fees shall be deposited and credited to the state general fund.

Sec. 4. On and after July 1, 1997, K.S.A. 20-367, as amended by section 3 of this bill, is hereby amended to read as follows: 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 6.94% of the remittances of docket fees; to the juvenile detention facilities fund, a sum equal to 4.45% of the remittances of docket fees; to the judicial branch education fund, the state treasurer shall deposit and credit a sum equal to 3.42% of the remittances of docket fees; to the crime victims assistance fund, the state treasurer shall deposit and credit a sum equal to .92% of the remittances of the docket fees; to the protection from abuse fund, the state treasurer shall deposit and credit a sum equal to 2.75% of the remittances of the docket fees; to the emergency medical services oper- ating fund, the state treasurer shall deposit and credit a sum equal to 2.57% of the remittances of docket fees; to the judiciary technology fund, the state treasurer shall deposit and credit a sum equal to 4.36% 6.93% of the remittances of docket fees; to the dispute resolution fund, the state treasurer shall deposit and credit a sum equal to .57% of the remittances of docket fees; to the Kansas endowment for youth trust fund, the state treasurer shall deposit and credit a sum equal to 2.03% 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 .33% of the remittances of docket fees. The balance re- maining of the remittances of docket fees shall be deposited and credited to the state general fund.

Sec. 5. K.S.A. 1995 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:

(1) For the period commencing July 1, 1994, and ending June 30, 1996:

Reckless driving...............................................           $79

Driving when privilege is canceled, suspended or revoked.......            79

Failure to comply with lawful order of officer.................            54

Registration violation (registered for 12,000 pounds or less)..            49

Registration violation (registered for more than 12,000 pounds)            89

No driver's license for the class of vehicle operated or violation of
     restrictions            49

Spilling load on highway.......................................            49

Gross weight of vehicle or
  combination of vehicles

Gross weight upon any axle or tandem,
  triple or quad axles

(2) For the period commencing July 1, 1996, and ending June 30, 1998:

Reckless driving...............................................           $78

Driving when privilege is canceled, suspended or revoked.......            78

Failure to comply with lawful order of officer.................            53

Registration violation (registered for 12,000 pounds or less)..            48

Registration violation (registered for more than 12,000 pounds)            88

No driver's license for the class of vehicle operated or violation of
     restrictions            48

Spilling load on highway.......................................            48

Gross weight of vehicle or combination
  of vehicles

Gross weight upon any axle or tandem,
  triple or quad axles

(3) On and after July 1, 1998 1996:

Reckless driving...............................................       $77 $82

Driving when privilege is canceled, suspended or revoked.......         77 82

Failure to comply with lawful order of officer.................         52 57

Registration violation (registered for 12,000 pounds or less)..         47 52

Registration violation (registered for more than 12,000 pounds)         87 92

No driver's license for the class of vehicle operated or violation of
     restrictions         47 52

Spilling load on highway.......................................         47 52

Gross weight of vehicle or
  combination of vehicles

Gross weight upon any axle or tandem,
  triple or quad axles

(e) In the event of forfeiture of any bond under this section, $42, during the period commencing July 1, 1994, and ending June 30, 1996, $41, during the period commencing July 1, 1996, and ending June 30, 1998, and $40, on and after July 1, 1998, $45 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 $42, during the period commencing July 1, 1994, and ending June 30, 1996, $41, during the period commencing July 1, 1996, and ending June 30, 1998, and $40, on and after July 1, 1998, $45 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 $42, during the period commencing July 1, 1994, and ending June 30, 1996, $41, during the period commencing July 1, 1996, and ending June 30, 1998, and $40, on and after July 1, 1998, $45 which shall be regarded as a docket fee in any court having jurisdiction over the violation of state law.

Sec. 6. K.S.A. 1995 Supp. 12-4117 is hereby amended to read as follows: 12-4117. (a) On and after July 1, 1994 1996, in each case filed in municipal court charging a criminal or public offense or charging an of- fense defined to be a moving violation by rules and regulations adopted pursuant to K.S.A. 8-249 and amendments thereto, where there is a find- ing of guilty or a plea of guilty, a plea of no contest, forfeiture of bond or a diversion, a sum in an amount of $6 shall be assessed and such assess- ment shall be credited as follows:

(1) During the period commencing July 1, 1994 1996, and ending June 30, 1996 1997, $1 to the local law enforcement training reimburse- ment fund established pursuant to K.S.A. 74-5620 and amendments thereto, $4 to the law enforcement training center fund established pur- suant to K.S.A. 74-5619 and amendments thereto, $.50 to the protection from abuse fund established pursuant to K.S.A. 74-7325 and amendments thereto and $.50 to the crime victims assistance fund established pursuant to K.S.A. 74-7334 and amendments thereto; and

(2) during the period commencing July 1, 1996, and ending June 30, 1997, $1 to the local law enforcement training reimbursement fund es- tablished pursuant to K.S.A. 74-5620 and amendments thereto and $4 to the law enforcement training center fund established pursuant to K.S.A. 74-5619 and amendments thereto; and

(3) on and after July 1, 1997, $1 to the local law enforcement training reimbursement fund established pursuant to K.S.A. 74-5620 and amend- ments thereto, $2 to the law enforcement training center fund established pursuant to K.S.A. 74-5619 and amendments thereto and, $2 to the ju- venile detention facilities fund established pursuant to K.S.A. 79-4803 and amendments thereto to be expended for operational costs of facilities for the detention of juveniles, $.50 to the protection from abuse fund established pursuant to K.S.A. 74-7325 and amendments thereto and $.50 to the crime victims assistance fund established pursuant to K.S.A. 74- 7334 and amendments thereto.

(b) The judge or clerk of the municipal court shall remit at least monthly the appropriate assessments received pursuant to this section to the state treasurer for deposit in the state treasury to the credit of the local law enforcement training reimbursement fund, the law enforcement training center fund, the juvenile detention facilities fund and the crime victims assistance fund as provided in this section.

(c) For the purpose of determining the amount to be assessed ac- cording to this section, if more than one complaint is filed in the municipal court against one individual arising out of the same incident, all such complaints shall be considered as one case.

Sec. 7. K.S.A. 19-101e is hereby amended to read as follows: 19- 101e. (a) Except as provided in subsections (b) and (d) and in K.S.A. 19- 4707 and amendments thereto, the items allowable as costs shall be the same as in cases for misdemeanor violations of state law and shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, and amendments thereto.

(b) The fees and mileage for the attendance of witnesses shall be borne by the party calling the witness, except that if an accused person is found not guilty, the county shall pay all such expenses, but the court may direct that fees and mileage of witnesses subpoenaed by the accused person be charged against such person, if the court finds that there has been an abuse of the use of subpoenas by the accused person.

(c) All fines and penalties collected in actions for the enforcement of county codes and resolutions pursuant to the code for the enforcement of county codes and resolutions as provided in subsection (b) of K.S.A. 19-101d and amendments thereto shall be paid over to the county treas- urer of the county where they are imposed for deposit in the county general fund or in the special law enforcement fund, if established. All fines and penalties collected in actions brought pursuant to the provisions of subsection (a) of K.S.A. 19-101d and amendments thereto shall be remitted to the state treasurer, as provided in K.S.A. 20-2801 and amend- ments thereto.

(d) During the period commencing July 1, 1994, and ending June 30, 1996, In each county which has created a county court for enforcement of county codes and resolutions as provided in subsection (b) of K.S.A. 19-101d and amendments thereto, the court shall assess additional court costs of $1 for each violation of a resolution. The judge or clerk of the county court shall remit at least monthly to the state treasurer all such additional costs received. The state treasurer shall deposit the entire amount of the remittance in the state treasury and credit 50% to the protection from abuse fund established pursuant to K.S.A. 74-7325 and amendments thereto and 50% to the crime victims assistance fund estab- lished pursuant to K.S.A. 74-7334 and amendments thereto.

Sec. 8. K.S.A. 19-4707 is hereby amended to read as follows: 19- 4707. (a) Except as provided in subsection (b), no person shall be assessed costs for enforcement and prosecution of violations of county codes and resolutions pursuant to this code, except for witness fees and mileage as set forth in K.S.A. 19-4726 and amendments thereto.

(b) During the period commencing July 1, 1994, and ending June 30, 1996, The court shall assess as a cost in each case filed for violations of county codes and resolutions, a $1 assessment. The judge or clerk of the court shall remit at least monthly to the state treasurer all such assess- ments received. The state treasurer shall deposit the entire amount of the remittance in the state treasury and credit 50% to the protection from abuse fund established pursuant to K.S.A. 74-7325 and amendments thereto and 50% to the crime victims assistance fund established pursuant to K.S.A. 74-7334 and amendments thereto.

Sec. 9. K.S.A. 20-3129 is hereby amended to read as follows: 20- 3129. (a) Subject to the limitations contained in this section, the clerks of the district courts shall tax a library fee in an amount determined by the trustees of the law library in each county for the benefit and account of the law library in each county. Such library fee shall be not less than $2 nor more than $10 in all cases commenced pursuant to chapter 60 of the Kansas Statutes Annotated and in all felony criminal cases and shall be not less than $.50 nor more than $7 in all other cases. The trustee of the law library in each county may increase law library fees under this subsection once per calendar year as of July 1. Changed docket law li- brary fees shall be effective as of that date and when filed with the clerk of the supreme court. The supreme court shall publish or make available a list of such docket fees. The trustees of the law library in each county shall file with the respective clerks the fees to be charged in that court.

(b) The fees provided for by subsection (a) shall be deducted from the docket fee, except that any library fee charged pursuant to this section which exceeds $5 in all cases commenced pursuant to chapter 60 of the Kansas Statutes Annotated and in all felony criminal cases and $4 in all other cases shall be added to the docket fee otherwise provided by law.

(c) In criminal cases where the case is dismissed by the state, the county shall be liable for the library fee. Where appeals from conviction in the municipal court are dismissed for want of prosecution, or by the defendant, the state or city shall collect the library fee. Upon failure of the state or city to do so within 90 days after the dismissal, the county from which the appeal is taken shall be liable therefor.

Sec. 10. K.S.A. 1995 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:

(1) For the period commencing July 1, 1994, and ending June 30, 1996:

Murder or manslaughter.........................................       $159.50

Other felony...................................................        129.50

Misdemeanor....................................................         99.50

Forfeited recognizance.........................................         59.50

Appeals from other courts......................................         59.50

(2) For a period commencing July 1, 1996, and ending June 30, 1998:

Murder or manslaughter.........................................       $157.50

Other felony...................................................        127.50

Misdemeanor....................................................         97.50

Forfeited recognizance.........................................         57.50

Appeals from other courts......................................         57.50

(3) On and after July 1, 1998 1996:

Murder or manslaughter.........................................  $156.50
     $164.50

Other felony...................................................  126.50 134.50

Misdemeanor....................................................  96.50 102.50

Forfeited recognizance.........................................   56.50 62.50

Appeals from other courts......................................   56.50 62.50

(b) 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 amendments thereto), any act declared a crime pur- suant to the statutes contained in chapter 32 of Kansas Statutes Annotated and amendments thereto or any act declared a crime pursuant to the statutes contained in article 8 of chapter 82a of the Kansas Statutes An- notated, and amendments thereto, whenever the prosecuting witness or defendant is adjudged to pay the costs in the action, a docket fee of $42 shall be charged during the period commencing July 1, 1994, and ending June 30, 1996, $41 during the period commencing July 1, 1996, and end- ing June 30, 1998, and $40 on or after July 1, 1998 $45. When an action is disposed of under subsections (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 $42 during the period commencing July 1, 1994, and ending June 30, 1996, $41 during the period commencing July 1, 1996, and ending June 30, 1998, and $40 on and after July 1, 1998 $45.

(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 the sexual assault evidence collection kit, fees for conducting an exami- nation 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. 11. K.S.A. 38-1511 is hereby amended to read as follows: 38- 1511. (a) Docket fee. The docket fee for proceedings under this code, if one is assessed as provided in this section, shall be $16.50 $25. Only one docket fee shall be assessed in each case.

(b) Expenses. The expenses for proceedings under this code, includ- ing fees and mileage allowed witnesses and fees and expenses approved by the court for appointed attorneys, shall be paid by the board of county commissioners from the general fund of the county.

(c) Assessment of docket fee and expenses. (1) Docket fee. The docket fee may be assessed or waived by the court conducting the initial dispos- itional hearing and may be assessed against the complaining witness or person initiating the proceedings or an interested party, other than the state, a political subdivision of the state, an agency of the state or of a political subdivision of the state or a person acting in the capacity of an employee of the state or of a political subdivision of the state. Any docket fee received shall be remitted to the state treasurer pursuant to K.S.A. 20-362, and amendments thereto.

(2) Expenses. Expenses may be assessed against the complaining wit- ness or person initiating the proceedings or an interested party, other than the state, a political subdivision of the state, an agency of the state or of a political subdivision of the state or a person acting in the capacity of an employee of the state or of a political subdivision of the state. When expenses are recovered from a party against whom they have been as- sessed the general fund of the county shall be reimbursed in the amount of the recovery. If it appears to the court in any proceedings under this code that expenses were unreasonably incurred at the request of any party the court may assess that portion of the expenses against the party.

(d) Cases in which venue is transferred. If venue is transferred from one county to another, the court from which the case is transferred shall send to the receiving court a statement of expenses paid from the general fund of the sending county. If the receiving court collects any of the expenses owed in the case, the receiving court shall pay to the sending court an amount proportional to the sending court's share of the total expenses owed to both counties. The expenses of the sending county shall not be an obligation of the receiving county except to the extent that the sending county's proportion of the expenses is collected by the receiving court. All amounts collected shall first be applied toward payment of the docket fee.

Sec./007006/K.S.A. 38-1613 is hereby amended to read as follows: 38- 1613. (a) Docket fee. The docket fee for proceedings under this code, if one is assessed as provided by this section, shall be $16.50 $25. Only one docket fee shall be assessed in each case.

(b) Expenses. The expenses for proceedings under this code, includ- ing fees and mileage allowed witnesses and fees and expenses approved by the court for appointed attorneys, shall be paid by the board of county commissioners from the general fund of the county.

(c) Assessment of docket fee and expenses. (1) Docket fee. The docket fee may be assessed or waived by the court conducting the initial dispos- itional hearing and may be assessed against the complaining witness, the person initiating the prosecution, the juvenile offender or the parent of the juvenile offender. Any docket fee received shall be remitted to the state treasurer pursuant to K.S.A. 20-362, and amendments thereto.

(2) Waiver and assessment. Expenses may be waived or assessed against the complaining witness, the person initiating the prosecution, the juvenile offender or a parent of the juvenile offender. When expenses are recovered from a party against whom they have been assessed the general fund of the county shall be reimbursed in the amount of the recovery.

(3) Prohibited assessment. Docket fees or expenses shall not be as- sessed against the state, a political subdivision of the state, an agency of the state or of a political subdivision of the state or a person acting in the capacity of an employee of the state or of a political subdivision of the state.

(d) Cases in which venue is transferred. If venue is transferred from one county to another, the court from which the case is transferred shall send to the receiving court a statement of expenses paid from the general fund of the sending county. If the receiving court collects any of the expenses owed in the case, the receiving court shall pay to the sending court an amount proportional to the sending court's share of the total expenses owed to both counties. The expenses of the sending county shall not be an obligation of the receiving county except to the extent that the sending county's proportion of the expenses is collected by the receiving court. All amounts collected shall first be applied toward payment of the docket fee.

Sec./007006/K.S.A. 1995 Supp. 59-104 is hereby amended to read as follows: 59-104. (a) Docket fee. Except as otherwise provided by law, no case shall be filed or docketed in the district court under the provisions of chapter 59 of the Kansas Statutes Annotated or of articles 40 and 52 of chapter 65 of the Kansas Statutes Annotated without payment of an appropriate docket fee as follows:

  Treatment of mentally ill....................................  $21.50 $24.50

  Treatment of alcoholism or drug abuse........................   21.50 24.50

  Determination of descent of property.........................   36.50 39.50

  Termination of life estate...................................   36.50 39.50

  Termination of joint tenancy.................................   36.50 39.50

  Refusal to grant letters of administration...................   36.50 39.50

  Adoption.....................................................   36.50 39.50

  Filing a will and affidavit under K.S.A. 59-618a.............   36.50 39.50

  Guardianship.................................................   56.50 59.50

  Conservatorship..............................................   56.50 59.50

  Trusteeship..................................................   56.50 59.50

  Combined guardianship and conservatorship....................   56.50 59.50

  Certified probate proceedings under K.S.A. 59-213, and amendments
      thereto....................................................   11.50 14.50

  Decrees in probate from another state........................   96.50 99.50

  Probate of an estate or of a will............................   96.50 99.50

  Civil commitment under K.S.A. 59-29a01 et seq................   21.50 24.50

(b) Poverty affidavit in lieu of docket fee and exemptions. The pro- visions of subsection (b) of K.S.A. 60-2001 and K.S.A. 60-2005, and amendments thereto, shall apply to probate docket fees prescribed by this section.

(c) Disposition of docket fee. Statutory charges for the law library and for the prosecuting attorneys' training fund shall be paid from the docket fee. The remainder of the docket fee shall be paid to the state treasurer 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, transcripts and publication of legal notice, executor or ad- ministrator fees, 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 or estate 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./007006/K.S.A. 59-618a is hereby amended to read as follows: 59- 618a. (a) Any person possessing a decedent's will may file in the district court of the county of the decedent's last residence the decedent's will and an affidavit which complies with subsection (b) if the decedent's estate contains no real property and the value of the decedent's estate is less than the total of all demands enumerated in K.S.A. 59-1301 and amendments thereto.

(b) An affidavit filed pursuant to this section shall state: (1) The name, residence address and date and place of death of the decedent; (2) the names, addresses and relationships of all the decedent's heirs, legatees and devisees which are known to the affiant after a diligent search and inquiry; (3) the name and address of any trustee of any trust established under the will; (4) the property left by the decedent and its approximate valuation; (5) the approximate amount and nature of any demands enu- merated in K.S.A. 59-1301 and amendments thereto which were out- standing against the decedent's estate upon the decedent's death; (6) that the will is being filed with the district court for the purpose of preserving it for record in the event that probate proceedings are later required; and (7) that a copy of the affidavit and will has been mailed to each heir, legatee and devisee named in the affidavit.

(c) The fee for filing a will and affidavit pursuant to this section shall be $35.

(d) Any will filed pursuant to this section within a period of six months after the death of the testator may be admitted to probate after such six- month period.

Sec./007006/K.S.A. 1995 Supp. 60-2001, as amended by section 5 of 1996 House Bill No. 2310, 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 pay- ment of a docket fee in the amount of $61.50 $66.50 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./007006/K.S.A. 61-2501 is hereby amended to read as follows: 61- 2501. (a) Docket fee. No case shall be filed or docketed pursuant to this chapter without the payment of a docket fee in the amount of $16.50 $19.50, if the amount in controversy or claimed does not exceed $500, or $36.50; $39.50, if the amount in controversy or claimed exceeds $500 but does not exceed $5,000,; or $61.50 $64.50, 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./007006/K.S.A. 61-2704 is hereby amended to read as follows: 61- 2704. (a) An action seeking the recovery of a small claim shall be consid- ered to have been commenced at the time a person files a written state- ment 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 publica- tion. 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 $16.50 $19.50, if the claim does not exceed $500,; or $36.50 $39.50, 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.

New Sec./007006/(a) There is hereby created in the state treasury the Kansas endowment for youth trust fund. Money credited to the fund pursuant to K.S.A. 20-367 and amendments thereto or by any other lawful means shall be used solely for the purpose of making grants to further the purpose of juvenile justice reform, including rational prevention pro- grams and programs for treatment and rehabilitation of juveniles and to further the partnership between state and local communities. Such treat- ment and rehabilitation programs should aim to combine accountability and sanctions with increasingly intensive treatment and rehabilitation services with an aim to provide greater public safety and provide inter- vention that will be uniform and consistent.

(b) All expenditures from the Kansas endowment for youth trust fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commissioner of juvenile justice or by a person or persons desig- nated by the commissioner.

(c) The commissioner of juvenile justice may apply for, receive and accept money from any source for the purposes for which money in the Kansas endowment for youth trust fund may be expended. Upon receipt of any such money, the commissioner shall remit the entire amount at least monthly to the state treasurer, who shall deposit it in the state treas- ury and credit it to the Kansas endowment for youth trust fund.

(d) Grants made to programs pursuant to this section shall be based on the number of persons to be served and such other requirements as may be established by the Kansas youth authority in guidelines estab- lished and promulgated to regulate grants made under authority of this section. The guidelines may include requirements for grant applications, organizational characteristics, reporting and auditing criteria and such other standards for eligibility and accountability as are deemed advisable by the Kansas youth authority.

(e) On the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas endowment for youth trust fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the di- rector of accounts and reports the amount of money equal to the pro- portionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the Kansas endowment for youth trust fund. Such amount of money shall be determined by the pooled money investment board based on:

(1) The average daily balance of moneys in the Kansas endowment for youth trust fund during the period of time specified under this sub- section as certified to the board by the director of accounts and reports; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the preceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the Kansas endowment for youth trust fund for the period of time spec- ified under this subsection.

Sec. 19. K.S.A. 1995 Supp. 74-7325 is hereby amended to read as follows: 74-7325. (a) There is hereby created in the state treasury the protection from abuse fund. All moneys credited to the fund shall be used solely for the purpose of making grants to programs providing: (1) Tem- porary emergency shelter for victims of domestic abuse and their de- pendent children; (2) counseling and assistance to those victims and their children; or (3) educational services directed at reducing the incidence of domestic abuse and diminishing its impact on the victims. All moneys credited to the fund pursuant to K.S.A. 20-367 and amendments thereto shall be used only for on-going operating expenses of such programs.

(b) All expenditures from the protection from abuse fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.

(c) The crime victims compensation board may apply for, receive and accept moneys from any source for the purposes for which moneys in the protection from abuse fund may be expended. Upon receipt of any such moneys, the attorney general shall remit the entire amount at least monthly to the state treasurer, who shall deposit it in the state treasury and credit it to the protection from abuse fund.

(d) Grants made to programs pursuant to this section shall be based on the numbers of persons served by the program and shall be made only to the city of Wichita or to agencies which are engaged, as their primary function, in programs aimed at preventing domestic violence or providing residential services or facilities to family or household members who are victims of domestic violence. In order for programs to qualify for funding under this section, they must:

(1) Meet the requirements of section 501(c)of the internal revenue code of 1986;

(2) be registered and in good standing as a nonprofit corporation;

(3) meet normally accepted standards for nonprofit organizations;

(4) have trustees who represent the racial, ethnic and socioeconomic diversity of the county or counties served;

(5) have received 50% or more of their funds from sources other than funds distributed through the fund, which other sources may be public or private and may include contributions of goods or services, including materials, commodities, transportation, office space or other types of fa- cilities or personal services;

(6) demonstrate ability to successfully administer programs;

(7) make available an independent certified audit of the previous year's financial records;

(8) have obtained appropriate licensing or certification, or both;

(9) serve a significant number of residents of the county or counties served;

(10) not unnecessarily duplicate services already adequately provided to county residents; and

(11) agree to comply with reporting requirements of the crime vic- tims compensation board.

The crime victims compensation board may adopt rules and regulations establishing additional standards for eligibility and accountability for grants made pursuant to this section.

(e) As used in this section, ``domestic abuse'' means abuse as defined by the protection from abuse act (K.S.A. 60-3101 et seq., and amendments thereto).

(f) On the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the protection from abuse fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the protection from abuse fund. Such amount of money shall be determined by the pooled money investment board based on:

(1) The average daily balance of moneys in the protection from abuse fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the pre- ceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the protection from abuse fund for the period of time specified under this subsection.

Sec. 20. On and after July 1, 1997, K.S.A. 20-367, as amended by section 3 of this bill, is hereby repealed.

Sec. 21. K.S.A. 19-101e, 19-4707, 20-367, 20-3129, 38-1511, 38- 1613, 59-618a, 61-2501 and 61-2704 and K.S.A. 1995 Supp. 8-2107, 12- 4117, 28-172a, 28-172c, 59-104, 60-2001 , as amended by section 5 of 1996 House Bill No. 2310, and 74-7325 are hereby repealed.

Sec. 22. This act shall take effect and be in force from and after its publication in the statute book.

Approved May 11, 1996.