Session Law

Identifying Information:L. 2002 ch. 051
Other Identifying Information:2002 Senate Bill 477
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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.


__________




Date Composed: 10/10/2002 Date Modified: 10/10/2002