CHAPTER 101 SENATE BILL No. 36 An  Act concerning courts; creating the judicial council fund; relating to the judicial council;
amending K.S.A. 20-2201, 20-2202, 20-2203, 20-2204, 20-2206 and 28-172a and K.S.A.
2002 Supp. 20-367, 20-2207, 59-104, 60-1621 and 60-2001 and repealing the existing
sections; also repealing K.S.A. 20-2205.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 20-2201 is hereby amended to read as follows: 20-
2201. A judicial council is hereby established and created which shall be
an independent agency in the judicial branch of government, shall submit
its budget separately and may adopt its own pay plan and personnel rules.
The judicial council shall be composed of one justice of the supreme
court, one judge of the court of appeals, two district judges of different
judicial districts, four resident lawyers, the chairperson of the judiciary
committee of the house of representatives or the chairperson's designate,
and the chairperson of the judiciary committee of the senate. All members
except the chairpersons of the senate and house judiciary committees
members of the legislature shall be appointed by the chief justice of the
supreme court for a term of four years and until a successor shall have
been appointed and qualified.

      The terms of the chairpersons of the senate and house judiciary com-
mittees members of the legislature, and all other members, shall terminate
upon such member ceasing to belong to the class from which such mem-
ber was appointed. All vacancies except those of chairpersons of the sen-
ate and house judiciary committees the members of the legislature shall
be filled by appointment by the chief justice for the unexpired term. Upon
vacancy, the places of the chairpersons of the senate and house judiciary
committees members of the legislature shall be filled by their successors
as such chairpersons.

      Sec.  2. K.S.A. 20-2202 is hereby amended to read as follows: 20-
2202. The judicial council shall select one of its the council's members as
chairman chairperson for such period as it the council may choose, and .
The judicial council shall meet semiannually and more frequently, if nec-
essary, upon call of the chairman chairperson.

      Sec.  3. K.S.A. 20-2203 is hereby amended to read as follows: 20-
2203. It shall be the continuous duty of the judicial council to survey and
study the judicial department branch of the state, the volume and con-
dition of business in the courts, whether of record or not, the methods
and rules of procedure therein, the time elapsing between the initiation
of litigation and the conclusion thereof, and the condition of dockets as
to finished business at the closing of terms; to receive and consider sug-
gestions from judges, members of the bar, public officials and citizens
concerning faults in the administration of justice, and remedial rules and
practice; to recommend methods of simplifying civil and criminal pro-
cedure, expediting the transaction of judicial business and eliminating
unnecessary delays therein and correcting faults in the administration of
justice; to submit from time to time to the courts or judges thereof sug-
gestions as to change in rules and methods of civil and criminal procedure
as may be deemed by the council to be beneficial. and recommend im-
provements in the administration of justice. The judicial council shall re-
ceive and consider suggestions from judges, lawyers, public officials and
citizens concerning suggested improvements to the administration of jus-
tice. The judicial council may undertake studies in any area of law for the
purpose of improving the administration of justice and, may accept as-
signments from the legislature or the supreme court.

      Sec.  4. K.S.A. 20-2204 is hereby amended to read as follows: 20-
2204. The council shall report on the work of the council, the facts as-
certained, the conditions of business in the courts, conditions found to
be defeating or deferring the administration of justice, with recommen-
dations concerning needed changes in the organization of the judicial
department, in rules and methods in civil and criminal procedure and
pertinent legislation. Such reports shall be printed by the director of
printing. Copies shall be distributed by the council to the legislature pur-
suant to K.S.A. 46-1212c; justices of the supreme court; judges of the
district courts, court of appeals and municipal courts; clerks of the district
courts; and attorneys registered pursuant to supreme court rule 209. Cop-
ies may be distributed to other persons or agencies that demonstrate a
need therefor and the council's recommendations for improvement in the
administration of justice by providing such information on the council's
website and in any other manner the council deems appropriate.

      Sec.  5. K.S.A. 20-2206 is hereby amended to read as follows: 20-
2206. All members of the council except judicial members shall receive
compensation and travel expenses and subsistence expenses or allowances
as provided in K.S.A. 75-3212, and amendments thereto. Reimbursement
for travel expenses and subsistence expenses or allowances of judicial
members shall be paid as provided in K.S.A. 75-3212, and amendments
thereto.

      All bills and accounts of the council shall be approved by the chairman
chairperson and shall be audited and paid as other claims against the state,
authorized by law. Regularly appointed members of special advisory com-
mittees of the council who are not members of the council shall be paid
compensation and travel expenses and subsistence expenses or allowances
as provided in K.S.A. 75-3212, and amendments thereto.

      Sec.  6. K.S.A. 2002 Supp. 20-2207 is hereby amended to read as
follows: 20-2207. (a) The judicial council may fix, charge and collect fees
for sale and distribution of legal publications in order to recover direct
and indirect costs incurred for preparation, publication and distribution
of legal publications. The judicial council may request and accept gifts,
grants and donations from any person, firm, association or corporation or
from the federal government or any agency thereof for preparation, pub-
lication or distribution of legal publications.

      (b) The publications fee fund of the judicial council which was estab-
lished in the state treasury pursuant to appropriation acts is hereby con-
tinued in existence and shall be administered by the judicial council. Rev-
enue from the following sources shall be deposited in the state treasury
and credited to such fund:

      (1) All moneys received by or for the judicial council from fees col-
lected under this section; and

      (2) all moneys received as gifts, grants or donations for preparation,
publication or distribution of legal publications.

      (c) Moneys deposited in the publications fee fund of the judicial
council shall may be expended only for operating expenditures related to
preparation, publication and distribution of legal publications of the ju-
dicial council and for operating expenses that are not related to publica-
tion activities.

      (d) All expenditures from the publications fee fund shall be made in
accordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the chair-
person of the judicial council or the chairperson's designee.

      New Sec.  7. There is hereby established in the state treasury the
judicial council fund. All expenditures from the judicial council fund shall
be made in accordance with appropriation acts and upon warrants of the
director of accounts and reports issued pursuant to expenditures ap-
proved by the chairperson of the Kansas judicial council or by a person
or persons designated by the chairperson of the Kansas judicial council.

      Sec.  8. K.S.A. 2002 Supp. 20-367 is hereby amended to read as fol-
lows: 20-367. (a) On and after July 1, 2003, through June 30, 2005, of the
remittance of the balance of docket fees received 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 5.98% 5.90% of the remit-
tances of docket fees; to the juvenile detention facilities fund, a sum equal
to 3.32% 3.27% of the remittances of docket fees; to the judicial branch
education fund, the state treasurer shall deposit and credit a sum equal
to 2.55% 2.52% of the remittances of docket fees; to the crime victims
assistance fund, the state treasurer shall deposit and credit a sum equal
to .68% .67% of the remittances of the docket fees; to the protection from
abuse fund, the state treasurer shall deposit and credit a sum equal to
3.26% 3.22% of the remittances of the docket fees; to the judiciary tech-
nology fund, the state treasurer shall deposit and credit a sum equal to
5.17% 5.10% of the remittances of docket fees; to the dispute resolution
fund, the state treasurer shall deposit and credit a sum equal to .42%
.41% 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 1.51% 1.49% of the remittances of docket fees; to the permanent
families account in the family 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 1.79% 1.77% of the
remittance of docket fees; to the judicial council fund, a sum equal to
1.33% of the remittance of docket fees; and to the judicial branch nonju-
dicial salary initiative fund, the state treasurer shall deposit and credit a
sum equal to 21.70% 21.41% of the remittance of docket fees. The bal-
ance remaining of the remittances of docket fees shall be deposited and
credited to the state general fund.

      (b) On and after July 1, 2005, of the remittance of the balance of
docket fees received 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 5.98% of the remittances of docket fees; to the juvenile detention
facilities fund, a sum equal to 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 2.55% of the remittances of docket fees; to the crime
victims assistance fund, the state treasurer shall deposit and credit a sum
equal to .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
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 5.17% of
the remittances of docket fees; to the dispute resolution fund, the state
treasurer shall deposit and credit a sum equal to .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 1.51% of the
remittances of docket fees; to the permanent families account in the family
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 1.79% 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 21.70% 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.  9. K.S.A. 28-172a is hereby amended to read as follows: 28-
172a. (a) Except as otherwise provided in this section, whenever the pros-
ecuting 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 (1) For the period commencing July 1, 2003,
and ending June 30, 2005:

Murder or manslaughter	$164.50
Other felony	146.00 147.00
Misdemeanor	111.00 112.00
Forfeited recognizance	62.50
Appeals from other courts	62.50

      (2) On and after July 1, 2005:

Murder or manslaughter	$164.50
Other felony	146.00
Misdemeanor	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
$55 shall be charged during the period commencing July 1, 2003, and
ending June 30, 2005, and $54 shall be charged on or after July 1, 2005.
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 $55 during the period commencing July 1, 2003, and ending June
30, 2005, and $54 on or after July 1, 2005.

      (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 $55 shall be charged during the period com-
mencing July 1, 2003, and ending June 30, 2005, and $54 shall be charged
on or after July 1, 2005. When an action is disposed of under subsection
(a) and (b) of K.S.A. 8-2118, and amendments thereto, whether by mail
or in person, the docket fee to be paid as court costs shall be $55 during
the period commencing July 1, 2003, and ending June 30, 2005, and $54
on or after July 1, 2005.

      (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. 2000 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.  10. K.S.A. 2002 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:

      (1) For the period commencing July 1, 2003, and ending June 30,
2005:

Treatment of mentally ill	$25.50
Treatment of alcoholism or drug abuse	25.50
Determination of descent of property	40.50
Termination of life estate	39.50
Termination of joint tenancy	39.50
Refusal to grant letters of administration	39.50
Adoption	39.50
Filing a will and affidavit under K.S.A. 59-618a	39.50
Guardianship	60.50
Conservatorship	60.50
Trusteeship	60.50
Combined guardianship and conservatorship	60.50
Certified probate proceedings under K.S.A. 59-213, and amendments thereto	14.50
Decrees in probate from another state	99.50
Probate of an estate or of a will	100.50
Civil commitment under K.S.A. 59-29a01 et seq.	24.50

      (2) On and after July 1, 2005:

Treatment of mentally ill	$24.50
Treatment of alcoholism or drug abuse	24.50
Determination of descent of property	39.50
Termination of life estate	39.50
Termination of joint tenancy	39.50
Refusal to grant letters of administration	39.50
Adoption	39.50
Filing a will and affidavit under K.S.A. 59-618a	39.50
Guardianship	59.50
Conservatorship	59.50
Trusteeship	59.50
Combined guardianship and conservatorship	59.50
Certified probate proceedings under K.S.A. 59-213, and amendments thereto	14.50
Decrees in probate from another state	99.50
Probate of an estate or of a will	99.50
Civil commitment under K.S.A. 59-29a01 et seq.	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.  11. K.S.A. 2002 Supp. 60-1621 is hereby amended to read as
follows: 60-1621. (a) No post-decree motion petitioning for a change in
legal custody, residency, visitation rights or parenting time, or for a mod-
ification of child support shall be filed or docketed in the district court
without payment of a docket fee in the amount of $21 during the period
commencing July 1, 2003, and ending June 30, 2005, and $20 on or after
July 1, 2005, 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.  12. K.S.A. 2002 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 $106 during
the period commencing July 1, 2003, and ending June 30, 2005, and $105
on or after July 1, 2005, 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.  13. K.S.A. 20-2201, 20-2202, 20-2203, 20-2204, 20-2205, 20-
2206 and 28-172a and K.S.A. 2002 Supp. 20-367, 20-2207, 59-104, 60-
1621 and 60-2001 are hereby repealed.

 Sec.  14. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 21, 2003.
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