Session Law

Identifying Information:L. 2003 ch. 101
Other Identifying Information:2003 Senate Bill 36
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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 felony146.00 147.00
Misdemeanor111.00 112.00
Forfeited recognizance62.50
Appeals from other courts62.50

(2) On and after July 1, 2005:

Murder or manslaughter$164.50
Other felony146.00
Misdemeanor111.00
Forfeited recognizance62.50
Appeals from other courts62.50

(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 abuse25.50
Determination of descent of property40.50
Termination of life estate39.50
Termination of joint tenancy39.50
Refusal to grant letters of administration39.50
Adoption39.50
Filing a will and affidavit under K.S.A. 59-618a39.50
Guardianship60.50
Conservatorship60.50
Trusteeship60.50
Combined guardianship and conservatorship60.50
Certified probate proceedings under K.S.A. 59-213, and amendments thereto14.50
Decrees in probate from another state99.50
Probate of an estate or of a will100.50
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 abuse24.50
Determination of descent of property39.50
Termination of life estate39.50
Termination of joint tenancy39.50
Refusal to grant letters of administration39.50
Adoption39.50
Filing a will and affidavit under K.S.A. 59-618a39.50
Guardianship59.50
Conservatorship59.50
Trusteeship59.50
Combined guardianship and conservatorship59.50
Certified probate proceedings under K.S.A. 59-213, and amendments thereto14.50
Decrees in probate from another state99.50
Probate of an estate or of a will99.50
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, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003