CHAPTER 51
SENATE BILL No. 477
An Act concerning protection from abuse; relating to funding
for programs; amending
K.S.A. 2001 Supp. 20-367, 60-2001 and 74-7325 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 Supp. 20-367
is hereby amended to read as
follows: 20-367. Of the remittance of the balance of docket fees
received
by the state treasurer from clerks of the district court pursuant
to sub-
section (f) (g) of K.S.A. 20-362, and
amendments thereto, the state trea-
surer shall deposit and credit to the access to justice fund, a sum
equal
to 6.05% 5.98% of the remittances of docket
fees; to the juvenile deten-
tion facilities fund, a sum equal to 3.36%
3.32% of the remittances of
docket fees; to the judicial branch education fund, the state
treasurer
shall deposit and credit a sum equal to 2.58%
2.55% of the remittances
of docket fees; to the crime victims assistance fund, the state
treasurer
shall deposit and credit a sum equal to .69%
.68% of the remittances of
the docket fees; to the protection from abuse fund, the state
treasurer
shall deposit and credit a sum equal to 2.07%
3.26% of the remittances
of the docket fees; to the judiciary technology fund, the state
treasurer
shall deposit and credit a sum equal to 5.23%
5.17% of the remittances
of docket fees; to the dispute resolution fund, the state treasurer
shall
deposit and credit a sum equal to .43% .42%
of the remittances of docket
fees; to the Kansas juvenile delinquency prevention trust fund, the
state
treasurer shall deposit and credit a sum equal to
1.53% 1.51% of the
remittances of docket fees; to the permanent families account in
the fam-
ily and children investment fund, the state treasurer shall deposit
and
credit a sum equal to .25% of the remittances of docket fees; to
the trauma
fund, a sum equal to 1.81% 1.79% 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%
21.70% 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. 2. K.S.A. 2001 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
$101 $105
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. 3. K.S.A. 2001 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 adult victims of domestic abuse
or sexual
assault and their dependent children; (2) counseling and
assistance to
those victims and their children; or (3) educational services
directed at
reducing the incidence of domestic abuse or sexual assault
and diminish-
ing 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 domestic
violence programs. All moneys
credited to the fund pursuant to any increase in docket fees as
provided
by this act as described in K.S.A. 20-367 and 60-2001, and
amendments
thereto, shall not be awarded to programs until July 1, 2003,
and shall be
used for ongoing operating expenses of domestic violence or
sexual assault
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 attorney general may ap-
ply 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 to the state treasurer in accordance with the provisions of
K.S.A.
75-4215, and amendments thereto. Upon receipt of each such
remittance,
the state treasurer shall deposit the entire amount in the state
treasury
to the credit of the 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
sexual
assault or providing residential services or facilities to
family or household
members who are victims of domestic violence or sexual
assault. 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 attorney
general.
The crime victims compensation
board attorney general 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:
(1) ``Domestic abuse'' means abuse
as defined by the protection from
abuse act (K.S.A. 60-3101 et seq., and amendments
thereto).
(2) ``Sexual assault'' means acts
defined in article 35 of chapter 21 of
the Kansas Statutes Annotated, and amendments thereto.
(f) On or before the 10th day of each
month, the director of accounts
and reports shall transfer from the state general fund to the
protection
from abuse fund interest earnings based on:
(1) The average daily balance of moneys
in the protection from abuse
fund for the preceding month; and
(2) the net earnings rate for the pooled
money investment portfolio
for the preceding month.
Sec. 4. K.S.A. 2001 Supp. 20-367,
60-2001 and 74-7325 are hereby
repealed.
Sec. 5. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 9, 2002.
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