[As Amended by House Committee of the Whole]
         
As Amended by House Committee
         
Session of 1999
         
Substitute for SENATE BILL No. 106
         
By Committee on Public Health and Welfare
         
3-16
         
11             AN  ACT concerning emergency medical and trauma services; establish-
12             ing an advisory committee on trauma; establishing a trauma registry;
13             providing for administration by the secretary of health and environ-
14             ment; amending K.S.A. 20-2801 and K.S.A. 1998 Supp. 8-2106, 12-
15             4117, 12-4214 and 12-4305 20-367 and 28-172a and repealing the
16             existing sections.
17      
18       Be it enacted by the Legislature of the State of Kansas:
19             New Section  1. As used in sections 1 to 8, inclusive, and amendments
20       thereto:
21             (a) "Advisory committee" means the advisory committee on trauma
22       established under section 2 and amendments thereto.
23             (b) "Council" means one of the regional trauma councils.
24             (c) "Hospital" means a hospital as defined by K.S.A. 65-425, and
25       amendments thereto.
26             (d) "Physician" means a person licensed by the state board of healing
27       arts to practice medicine and surgery.
28             (e) "Secretary" means the secretary of health and environment.
29             New Sec.  2. (a) There is hereby established an advisory committee
30       on trauma. The advisory committee on trauma shall be advisory to the
31       secretary of health and environment and shall be within the division of
32       health of the department of health and environment as a part thereof.
33             (b) The advisory board shall be composed of 15 members represent-
34       ing both rural and urban areas of the state appointed as follows:
35             (1) Three members shall be persons licensed in medicine and sur-
36       gery, two of whom shall be appointed by the governor from a list of six
37       who shall be nominated by the Kansas medical society and one of whom
38       shall be appointed by the governor from a list of three who shall be
39       nominated by the Kansas association of osteopathic medicine;
40             (2) three members shall be representatives of hospitals appointed by
41       the governor from a list of six who shall be nominated by the Kansas
42       hospital association;

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  1             (3) two members shall be licensed professional nurses specializing in
  2       trauma care [or emergency nursing] appointed by the Kansas state
  3       nurses association;
  4             (4) two members shall be attendants as defined in K.S.A. 65-6112
  5       and amendments thereto who are on the roster of an ambulance service
  6       permitted by the board of emergency medical services, one of whom shall
  7       be appointed by the Kansas emergency medical services association and
  8       one of whom shall be appointed by the Kansas emergency medical tech-
  9       nician association;
10             (5) one member shall be a representative of the department of health
11       and environment appointed by the secretary thereof;
12             (6) one member shall be a representative of the board of emergency
13       medical services appointed by the board of emergency medical services;
14             (7) one member shall be an administrator of an ambulance service
15       appointed by the governor from a list of four, two nominated by the
16       Kansas emergency medical technician association and two nominated by
17       the Kansas emergency medical services association; and
18             (8) two legislators, one from the house of representatives and one
19       from the senate shall be members. The speaker of the house shall appoint
20       one member and the president of the senate shall appoint the other mem-
21       ber. The appointees from the legislature shall be from opposing political
22       parties.
23             All members shall be residents of the state of Kansas. At least one
24       member appointed under paragraphs (4) and (7) of this subsection shall
25       be from a rural area. Appointments to the advisory committee shall be
26       made with due consideration that representation of the four congressional
27       districts of the state is ensured. Organizations under this section which
28       submit lists of names to the governor for appointment by the governor
29       from such lists to the advisory committee shall submit names of people
30       who reside in both rural and urban areas of the state.
31             (c) Of the members first appointed to the advisory committee, five
32       shall be appointed for terms of one year, five for terms of two years, and
33       five for terms of three years. Thereafter, members shall be appointed for
34       terms of three years and until their successors are appointed and quali-
35       fied. In the case of a vacancy in the membership of the advisory com-
36       mittee, the vacancy shall be filled for the unexpired term. All members
37       appointed to fill vacancies in the membership of the advisory committee
38       and all members appointed to succeed members appointed to the advi-
39       sory committee shall be appointed in like manner as that provided for
40       the original appointment of the member succeeded.
41             (d) The advisory committee shall meet at least four times annually
42       and at the call of the chairperson or at the request of any eight members
43       of the advisory committee. At the first meeting of the advisory committee

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  1       after January 1 each year, the members shall elect a chairperson and a
  2       vice-chairperson who shall serve a term of one year. The vice-chairperson
  3       shall exercise all of the powers of the chairperson in the absence of the
  4       chairperson.
  5             (e) The first person appointed by the governor to the advisory com-
  6       mittee shall call the first meeting of the advisory committee and shall
  7       serve as temporary chairperson of the advisory committee until a chair-
  8       person and vice-chairperson are elected by the advisory committee at
  9       such meeting.
10             (f) The advisory committee shall be advisory to the secretary of health
11       and environment on all matters relating to the implementation and ad-
12       ministration of this act.
13             (g) Members of the advisory committee attending meetings of the
14       advisory committee or attending a subcommittee of the advisory com-
15       mittee or other authorized meeting of the advisory committee shall not
16       be paid compensation but shall be paid amounts provided in subsection
17       (e) of K.S.A. 75-3223 and amendments thereto.
18             (h) The advisory committee shall make an interim report along with
19       any recommendations the advisory committee deems appropriate to the
20       committee on public health and welfare of the senate and to the com-
21       mittee on health and human services of the house of representatives on
22       or before January 10, 2000. The advisory committee shall make a final
23       report and recommendations, including recommendations about the ap-
24       propriate oversight of the trauma system and whether the advisory com-
25       mittee should be continued, to the committee on public health and wel-
26       fare of the senate and to the committee on health and human services of
27       the house of representatives on or before January 8, 2001.
28             New Sec.  3. The secretary of health and environment, after consul-
29       tation with and consideration of recommendations from the advisory com-
30       mittee, shall:
31             (a) Develop rules and regulations necessary to carry out the provi-
32       sions of this act;
33             (b) develop a statewide trauma system plan including the establish-
34       ment of regional trauma councils, using the 1998 Kansas EMS-Trauma
35       Systems Plan study as a guide and not more restrictive than state law.
36       The secretary shall ensure that each council consist of at least six mem-
37       bers. Members of the councils shall consist of persons chosen for their
38       expertise in and commitment to emergency medical and trauma services.
39       Such members shall be chosen from the region and include prehospital
40       personnel, physicians, nurses and hospital personnel involved with the
41       emergency medical and trauma services and a representative of a county
42       health department. The plan should:
43             (1) Maximize local and regional control over decisions relating to

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  1       trauma care;
  2             (2) minimize bureaucracy;
  3             (3) adequately protect the confidentiality of proprietary and personal
  4       health information;
  5             (4) promote cost effectiveness;
  6             (5) encourage participation by groups affected by the system;
  7             (6) emphasize medical direction and involvement at all levels of the
  8       system;
  9             (7) rely on accurate data as the basis for system planning and devel-
10       opment; and
11             (8) facilitate education of health care providers in trauma care;
12             (c) plan, develop and administer a trauma registry to collect and an-
13       alyze data on incidence, severity and causes of trauma and other pertinent
14       information which may be used to support the secretary's decision-mak-
15       ing and identify needs for improved trauma care;
16             (d) provide all technical assistance to the regional councils as neces-
17       sary to implement the provisions of this act;
18             (e) collect data elements for the trauma registry that are consistent
19       with the recommendations of the American college of surgeons commit-
20       tee on trauma and centers for disease control;
21             (f) develop a phased-in implementation schedule for each component
22       of the trauma system, including the trauma registry, which considers the
23       additional burden placed on the emergency medical and trauma
24       providers;
25             (g) develop standard reports to be utilized by the regional trauma
26       councils and those who report data to the registry in performing their
27       functions;
28             (h) assess the fiscal impact on all components of the trauma system,
29       and thereafter recommend other funding sources for the trauma system
30       and trauma registry;
31             (i) prepare and submit an annual budget in accordance with the pro-
32       visions of this act. Such budget shall include costs for the provision of
33       technical assistance to the regional trauma councils and the cost of de-
34       veloping and maintaining the trauma registry and analyzing and reporting
35       on the data collected; and
36             (j) in addition to any fine or penalty charged for a moving traffic
37       violation under K.S.A. 8-2118, and amendments thereto, as defined by
38       rules and regulations adopted under K.S.A. 8-249, and amendments
39       thereto, there is hereby imposed on all traffic infractions classified as
40       moving violations under chapter 8 of the Kansas Statutes Annotated, city
41       ordinance or county resolution a $1 surcharge to be deposited in the
42       trauma fund; and
43             (k) (j) enter into contracts as deemed necessary to carry out the duties

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  1       and functions of the secretary under this act.
  2             New Sec.  4. (a) The secretary of health and environment shall de-
  3       velop and maintain a statewide trauma registry and consult with the health
  4       care data governing board in developing the registry. All designated
  5       trauma centers, prehospital trauma providers, designated trauma facilities
  6       and acute medical care facilities that provide any service or care to or for
  7       persons with trauma injury in this state shall collect and report to the
  8       trauma registry data and information deemed appropriate by the secre-
  9       tary, after consultation with the health care data governing board, to mon-
10       itor patient outcome.
11             (b) The secretary is hereby authorized to collect data pertaining to
12       all trauma care occurring in Kansas. The secretary shall adopt rules and
13       regulations which use the most efficient, least intrusive means for col-
14       lecting the trauma care data consistent with ensuring the quality, timeli-
15       ness, completeness and confidentiality of the trauma registry.
16             (c) Any health care provider, whether a person or institution, who
17       reports trauma information to the registry in good faith and without mal-
18       ice, in accordance with the requirements of this section, shall have im-
19       munity from any liability, civil or criminal, which might otherwise be
20       incurred or imposed in an action resulting from such report. Notwith-
21       standing K.S.A. 60-427 and amendments thereto, there shall be no priv-
22       ilege preventing the furnishing of such information or reports as required
23       by this act by any health care provider. Nothing in this section shall be
24       construed to apply to the unauthorized disclosure of confidential or priv-
25       ileged information when such disclosure is due to gross negligence or
26       willful misconduct.
27             (d) The information obtained by the trauma registry, including dis-
28       cussions and activities using the information generated from the trauma
29       registry, shall be confidential and shall not be disclosed or made public,
30       upon subpoena or otherwise, except such information may be disclosed
31       if:
32             (1) No person can be identified in the information to be disclosed
33       and the disclosure is for statistical purposes;
34             (2) all persons who are identifiable in the information to be disclosed
35       consent in writing to its disclosure;
36             (3) the disclosure is necessary, and only to the extent necessary, to
37       protect the public health, and does not identify providers or facilities; or
38             (4) the information to be disclosed is required in a court proceeding
39       involving child abuse and the information is disclosed in camera.
40             New Sec.  5. To aid the purposes of section 1 through section 4 and
41       amendments thereto, one of the documents given to the trauma patient
42       or responsible party accompanying the trauma patient shall contain a dis-
43       closure statement stating that nonidentifying data regarding the trauma

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  1       injury and trauma care may be reported to a central registry to facilitate
  2       better prevention and care of trauma injuries.
  3             New Sec.  6. Nothing in the trauma system act shall limit a patient's
  4       right to choose the physician, hospital, facility, rehabilitation center, spe-
  5       cialty level burn or pediatric trauma center, or other provider of health
  6       care services. Nothing in sections 1 to 8, inclusive, and amendments
  7       thereto shall limit an individual's right to choose care in accordance with
  8       a method of treatment which relies on spiritual means alone for healing.
  9             New Sec.  7. The statutes, rules and regulations and procedures shall
10       be consistent with the federal consolidated omnibus budget reconciliation
11       act of 1989, 42 U.S.C. § 1395cc (COBRA) and the emergency medical
12       treatment and active labor act, 42 U.S.C. § 1395dd (EMTALA).
13             New Sec.  8. (a) There is hereby established in the state treasury the
14       trauma fund which shall be administered by the secretary of health and
15       environment. All moneys received from the $1 surcharge levied on mov-
16       ing violations under subsection (j) of section 3 fees collected under
17       K.S.A. 12-4214 and 28-172a, and amendments thereto, for the purpose
18       of financing the activities and expenses of the secretary in administration
19       of sections 1 to 8, inclusive, and amendments thereto, regional trauma
20       councils, and the trauma registry, shall be deposited in the state treasury
21       and credited to the trauma fund. All expenditures from the trauma fund
22       shall be made in accordance with appropriation acts upon warrants of the
23       director of accounts and reports issued pursuant to vouchers approved
24       by the secretary or by a person or persons designated by such secretary.
25             (b) On or before the 10th of each month, the director of accounts
26       and reports shall transfer from the state general fund to the trauma fund
27       established in subsection (a) interest earnings based on:
28             (1) The average daily balance of money in the trauma fund for the
29       preceding month; and
30             (2) the net earnings rate of the pooled money investment portfolio
31       for the preceding month.
32             Sec.  9. K.S.A. 1998 Supp. 8-2106 is hereby amended to read as fol-
33       lows: 8-2106. (a) A law enforcement officer may prepare and deliver to a
34       person a written traffic citation on a form approved by the division of
35       motor vehicles, if the law enforcement officer stops the person for a
36       violation of:
37             (1) The uniform act regulating traffic on highways, which violation is
38       a misdemeanor or a traffic infraction;
39             (2) K.S.A. 8-262, 8-2,144, 8-1599, 21-3610, 21-3610a, 21-3722, 21-
40       3724, 21-3725, 21-3728, 21-4101, 40-3104, 40-3106, 41-715, 41-724, 41-
41       727, 41-2719, 41-2720, 41-2721, 47-607, 66-1,111, 66-1,129, 66-1,139,
42       66-1,140, 66-273, 66-1314, 66-1324, 66-1325, 66-1330, 66-1331, 66-1332,
43       68-2104, 68-2106 or subsection (b) of K.S.A. 79-34,122, and amendments

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  1       thereto;
  2             (3) K.S.A. 31-155 and amendments thereto involving transportation
  3       of bottle rockets;
  4             (4) K.S.A. 66-1314 or 66-1328, and amendments thereto, and any
  5       rules and regulations adopted pursuant thereto;
  6             (5) any rules and regulations adopted pursuant to K.S.A. 2-1212, 68-
  7       2001 or 31-146, and amendments thereto;
  8             (6) any rules and regulations adopted pursuant to K.S.A. 31-133 and
  9       amendments thereto relating to transportation of materials or fuel; or
10             (7) K.S.A. 8-1343 through 8-1347 and amendments thereto relating
11       to the child passenger safety act; or
12             (8) K.S.A. 8-2501 through 8-2507 and amendments thereto relating
13       to the safety belt use act.
14             (b) The citation shall contain a notice to appear in court, the name
15       and address of the person, the type of vehicle the person was driving,
16       whether hazardous materials were being transported, whether an acci-
17       dent occurred, the state registration number of the person's vehicle, if
18       any, a statement whether the vehicle is a commercial vehicle, whether
19       the person is licensed to drive a commercial motor vehicle, the offense
20       or offenses charged, the time and place when and where the person shall
21       appear in court, the signature of the law enforcement officer, and any
22       other pertinent information. The citation shall also provide for a $1 sur-
23       charge to be collected if the traffic violation was a moving violation.
24             (c) The time specified in the notice to appear shall be at least five
25       days after the alleged violation unless the person charged with the vio-
26       lation demands an earlier hearing.
27             (d) The place specified in the notice to appear shall be before a judge
28       of the district court within the county in which the offense is alleged to
29       have been committed.
30             (e) Except in the circumstances to which subsection (a) of K.S.A. 8-
31       2104, and amendments thereto, apply, in the discretion of the law en-
32       forcement officer, a person charged with a misdemeanor may give written
33       promise to appear in court by signing at least one copy of the written
34       citation prepared by the law enforcement officer, in which event the law
35       enforcement officer shall deliver a copy of the citation to the person and
36       shall not take the person into physical custody.
37             (f) When a person is charged with a traffic infraction, the notice to
38       appear shall provide a place where the person may make a written entry
39       of appearance, waive the right to a trial and plead guilty or no contest.
40       The notice to appear shall provide a space where the law enforcement
41       officer shall enter the appropriate fine specified in the uniform fine sched-
42       ule contained in K.S.A. 8-2118, and amendments thereto, for the violation
43       charged and court costs in the amount provided by law. If the fine spec-

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  1       ified in the uniform fine schedule contained in K.S.A. 8-2118, and amend-
  2       ments thereto, is a moving violation the law enforcement officer shall enter
  3       the required $1 surcharge under subsection (j) of section 3, and amend-
  4       ments thereto. If the notice to appear does not do so, the law enforcement
  5       officer shall provide a person charged with a traffic infraction a form
  6       explaining the person's right to appear and right to a trial, the person's
  7       right to pay the appropriate fine and court costs prior to the appearance
  8       date, and that failure to either pay such fine and court costs or appear at
  9       the specified time may result in suspension of the person's driver's license.
10       The law enforcement officer shall provide the person with the address of
11       the court to which the written entry of appearance, waiver of trial, plea
12       of guilty or no contest and payment of fine and court costs shall be mailed.
13             (g) Any officer violating any of the provisions of subsection (f) is guilty
14       of misconduct in office and shall be subject to removal from office.
15             Sec.  10. 9. K.S.A. 1998 Supp. 12-4117 is hereby amended to read as
16       follows: 12-4117. (a) On and after July 1, 1996, in each case filed in
17       municipal court charging a criminal or public offense or charging an of-
18       fense defined to be a moving violation by rules and regulations adopted
19       pursuant to K.S.A. 8-249 and amendments thereto, where there is a find-
20       ing of guilty or a plea of guilty, a plea of no contest, forfeiture of bond or
21       a diversion, a sum in an amount of $6 $7 shall be assessed and such
22       assessment shall be credited as follows:
23             (1) During the period commencing July 1, 1996, and ending June 30,
24       1997, $1 to the local law enforcement training reimbursement fund es-
25       tablished pursuant to K.S.A. 74-5620 and amendments thereto, $4 to the
26       law enforcement training center fund established pursuant to K.S.A. 74-
27       5619 and amendments thereto, $.50 to the protection from abuse fund
28       established pursuant to K.S.A. 74-7325 and amendments thereto and $.50
29       to the crime victims assistance fund established pursuant to K.S.A. 74-
30       7334 and amendments thereto; and
31             (2) on and after July 1, 1997, $1 to the local law enforcement training
32       reimbursement fund established pursuant to K.S.A. 74-5620 and amend-
33       ments thereto, $2 to the law enforcement training center fund established
34       pursuant to K.S.A. 74-5619 and amendments thereto, $2 to the juvenile
35       detention facilities fund established pursuant to K.S.A. 79-4803 and
36       amendments thereto to be expended for operational costs of facilities for
37       the detention of juveniles, $.50 to the protection from abuse fund estab-
38       lished pursuant to K.S.A. 74-7325 and amendments thereto and $.50 to
39       the crime victims assistance fund established pursuant to K.S.A. 74-7334
40       and amendments thereto.; and
41             (3) on and after July 1, 1999, $1 to the trauma fund established pur-
42       suant to section 8, and amendments thereto.
43             (b) The judge or clerk of the municipal court shall remit at least

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  1       monthly the appropriate assessments received pursuant to this section to
  2       the state treasurer for deposit in the state treasury to the credit of the
  3       local law enforcement training reimbursement fund, the law enforcement
  4       training center fund, the juvenile detention facilities fund and, the crime
  5       victims assistance fund and the trauma fund as provided in this section.
  6             (c) For the purpose of determining the amount to be assessed ac-
  7       cording to this section, if more than one complaint is filed in the municipal
  8       court against one individual arising out of the same incident, all such
  9       complaints shall be considered as one case.
10             Sec.  11. K.S.A. 1998 Supp. 12-4214 is hereby amended to read as
11       follows: 12-4214. (a) Except as provided further, when a person is charged
12       with an ordinance traffic infraction or an ordinance cigarette or tobacco
13       infraction, the notice to appear shall provide a place where the person
14       may make a written entry of appearance, waive the right to a trial and
15       plead guilty or no contest. The notice to appear shall provide a space in
16       which the law enforcement officer, except as provided in subsection (b),
17       shall enter the appropriate fine specified in the fine schedule established
18       by the municipal judge in accordance with K.S.A. 12-4305 and amend-
19       ments thereto, and a space in which the law enforcement officer shall
20       enter a $1 surcharge for traffic infractions which are moving violations,
21       in the case of a traffic infraction, or a fine of $25, in the case of an
22       ordinance cigarette or tobacco infraction. Either the notice to appear or
23       a separate form provided to the person by the law enforcement officer
24       shall provide an explanation: (1) Of the person's right to appear and right
25       to trial and the person's right to pay the appropriate fine prior to the
26       appearance date; (2) that failure to either pay such fine or appear at the
27       specified time may result in issuance of a warrant for the person's arrest;
28       and (3) in the case of a traffic infraction, that failure to either pay such
29       fine or appear at the specified time may result in the suspension of the
30       person's driver's license. The law enforcement officer shall provide the
31       person with the telephone number and address of the municipal court to
32       which the written entry of appearance, waiver of trial, plea of guilty or
33       no contest and payment of fine shall be mailed.
34             (b) In lieu of the law enforcement officer entering the appropriate
35       fine for an ordinance traffic infraction, the officer may direct the person
36       charged with an ordinance traffic infraction to contact the clerk of the
37       municipal court to determine the applicable fine or provide the person
38       with a copy of the fine schedule established by the municipal judge in
39       accordance with K.S.A. 12-4305 and amendments thereto. If the traffic
40       infraction violated is a moving violation and the law enforcement officer
41       did not fill in the $1 surcharge, the clerk of the municipal court shall add
42       the $1 surcharge to the fine to be collected.
43             (c) When a person is charged with an ordinance cigarette or tobacco

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  1       infraction, the judge may require the juvenile to appear in court with a
  2       parent or legal guardian.
  3             (d) This section shall be a part of and supplemental to the provisions
  4       of article 42 of chapter 12 of the Kansas Statutes Annotated and acts
  5       amendatory thereof or supplemental thereto.
  6             Sec.  12. K.S.A. 1998 Supp. 12-4305 is hereby amended to read as
  7       follows: 12-4305. (a) The municipal judge shall establish a schedule of
  8       fines which shall be imposed for municipal ordinance violations that are
  9       classified as ordinance traffic infractions. Also, the municipal judge may
10       establish a schedule of fines which shall be imposed for the violation of
11       certain other ordinances. Any fine so established shall be within the min-
12       imum and maximum allowable fines established by ordinance for such
13       offenses by the governing body. The following traffic violations are spe-
14       cifically excluded from any schedule of fines:
15             (1) Reckless driving;
16             (2) driving while under the influence of alcohol or drugs, or both, or
17       driving with a blood or breath alcohol concentration of .08 or more;
18             (3) driving without a valid license issued or on a canceled, suspended
19       or revoked license;
20             (4) fleeing or attempting to elude a police officer; or
21             (5) offense comparable to those prescribed by K.S.A. 8-1602, 8-1603
22       and 8-1604 and amendments thereto.
23             (b) A person charged with the violation of an ordinance contained in
24       a schedule of fines established under subsection (a) shall, except as pro-
25       vided in subsection (c), appear at the place and time specified in the
26       notice to appear. If the person enters an appearance, waives right to trial,
27       pleads guilty or no contest, the fine shall be no greater than that specified
28       in the schedule plus the $1 surcharge if the traffic ordinance violated was
29       a moving violation.
30             (c) Except as provided in subsection (c) of K.S.A. 12-4214, and
31       amendments thereto, prior to the time specified in the notice to appear,
32       a person charged with an ordinance cigarette or tobacco infraction or a
33       violation of an ordinance contained in a schedule of fines established
34       under subsection (a) may enter an appearance, waive right to trial, plead
35       guilty or no contest and pay the fine for the violation as specified in the
36       schedule or in subsection (a) of K.S.A. 12-4214 and amendments thereto.
37       At the election of the person charged, such appearance, waiver, plea and
38       payment may be made by mail or in person and payment may be by
39       personal check. The complaint shall not have been complied with if a
40       check is not honored for any reason, or the fine is not paid in full prior
41       to the time specified in the notice to appear. When a person charged with
42       an ordinance cigarette or tobacco infraction or an ordinance traffic in-
43       fraction or other ordinance violation on a schedule of fines makes pay-

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  1       ment without executing a written waiver of right to trial and plea of guilty
  2       or no contest, the payment shall be deemed such an appearance, waiver
  3       of right to trial and plea of no contest.
  4             The municipal judge may authorize the clerk of the municipal court or
  5       some other person to accept by mail or in person such voluntary appear-
  6       ance, plea of guilty or no contest and payment of the fine imposed by the
  7       schedule or by subsection (a) of K.S.A. 12-4214 and amendments thereto.
  8             The schedule of fines and notice of the $1 surcharge for moving vio-
  9       lations of the traffic ordinance, and persons authorized to accept such
10       pleas shall be conspicuously displayed in the office where such voluntary
11       appearance, plea of guilty and payment of fine occurs.
12             Sec.  13. K.S.A. 20-2801 is hereby amended to read as follows: 20-
13       2801. (a) At least monthly the clerk of the district court shall remit all
14       moneys payable to the state treasurer from fines, surcharges, penalties
15       and forfeitures to the state treasurer, and the state treasurer shall deposit
16       the same in the state treasury to the credit of the state general fund,
17       except as provided in K.S.A. 74-7336 and section 8 and amendments
18       thereto.
19             (b) In order to determine the amount of moneys available pursuant
20       to this section, the director of accounts and reports or the state treasurer,
21       whenever it is deemed necessary by either of such officers, may request
22       the clerk of the district court to provide such information as provided in
23       this section. Within 10 days of the receipt of any such request, such clerk
24       shall certify the amount of moneys collected pursuant to this section to
25       the director of accounts and reports and the state treasurer.
26             (c) This section shall not apply to municipal courts.
27             Sec.  10. K.S.A. 1998 Supp. 20-367 is hereby amended to read
28       as follows: 20-367. Of the remittance of the balance of docket fees
29       received monthly by the state treasurer from clerks of the district
30       court pursuant to subsection (f) of K.S.A. 20-362, and amendments
31       thereto, the state treasurer shall deposit and credit to the access
32       to justice fund, a sum equal to 6.94% 6.78% of the remittances of
33       docket fees; to the juvenile detention facilities fund, a sum equal
34       to 4.45% 4.35% of the remittances of docket fees; to the judicial
35       branch education fund, the state treasurer shall deposit and credit
36       a sum equal to 3.42% 3.34% of the remittances of docket fees; to
37       the crime victims assistance fund, the state treasurer shall deposit
38       and credit a sum equal to .92% .9% of the remittances of the docket
39       fees; to the protection from abuse fund, the state treasurer shall
40       deposit and credit a sum equal to 2.75% 2.68% of the remittances
41       of the docket fees; to the judiciary technology fund, the state trea-
42       surer shall deposit and credit a sum equal to 6.93% 6.77% of the
43       remittances of docket fees; to the dispute resolution fund, the state

Sub. SB 106--Am. by HCW

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  1       treasurer shall deposit and credit a sum equal to .57% .56% of the
  2       remittances of docket fees; to the Kansas endowment for youth
  3       trust fund, the state treasurer shall deposit and credit a sum equal
  4       to 2.03% 1.98% of the remittances of docket fees; and to the per-
  5       manent families account in the family and children investment
  6       fund, the state treasurer shall deposit and credit a sum equal to
  7       .33% .32% of the remittances of docket fees; and to the trauma fund,
  8       a sum equal to 2.34% of the remittance of docket fees. The balance
  9       remaining of the remittances of docket fees shall be deposited and
10       credited to the state general fund.
11             Sec.  11. K.S.A. 1998 Supp. 28-172a is hereby amended to read
12       as follows: 28-172a. (a) Except as otherwise provided in this sec-
13       tion, whenever the prosecuting witness or defendant is adjudged
14       to pay the costs in a criminal proceeding in any county, a docket
15       fee shall be taxed as follows:
16             On and after July 1, 1998:
17       Murder or manslaughter $164.50
18       Other felony 134.50
19       Misdemeanor 102.50
20       Forfeited recognizance 62.50
21       Appeals from other courts 62.50
22             (b) (1) Except as provided in paragraph (2), in actions involving
23       the violation of any of the laws of this state regulating traffic on
24       highways (including those listed in subsection (c) of K.S.A. 8-2118,
25       and amendments thereto), a cigarette or tobacco infraction, any
26       act declared a crime pursuant to the statutes contained in chapter
27       32 of Kansas Statutes Annotated and amendments thereto or any
28       act declared a crime pursuant to the statutes contained in article
29       8 of chapter 82a of the Kansas Statutes Annotated, and amend-
30       ments thereto, whenever the prosecuting witness or defendant is
31       adjudged to pay the costs in the action, a docket fee of $45 shall be
32       charged. When an action is disposed of under subsections (a) and
33       (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393, and amend-
34       ments thereto, whether by mail or in person, the docket fee to be
35       paid as court costs shall be $45.
36             (2) In actions involving the violation of a moving traffic violation un-
37       der K.S.A. 8-2118, and amendments thereto, as defined by rules and reg-
38       ulations adopted under K.S.A. 8-249, and amendments thereto, whenever
39       the prosecuting witness or defendant is adjudged to pay the costs in the
40       action, a docket fee of $46 shall be charged. When an action is disposed
41       of under subsection (a) and (b) of K.S.A. 8-2118, and amendments thereto,
42       whether by mail or in person, the docket fee to be paid as court costs shall
43       be $46.

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  1             (c) If a conviction is on more than one count, the docket fee
  2       shall be the highest one applicable to any one of the counts. The
  3       prosecuting witness or defendant, if assessed the costs, shall pay
  4       only one fee. Multiple defendants shall each pay one fee.
  5             (d) Statutory charges for law library funds, the law enforce-
  6       ment training center fund, the prosecuting attorneys' training
  7       fund, the juvenile detention facilities fund, the judicial branch ed-
  8       ucation fund, the emergency medical services operating fund and
  9       the judiciary technology fund shall be paid from the docket fee;
10       the family violence and child abuse and neglect assistance and pre-
11       vention fund fee shall be paid from criminal proceedings docket
12       fees. All other fees and expenses to be assessed as additional court
13       costs shall be approved by the court, unless specifically fixed by
14       statute. Additional fees shall include, but are not limited to, fees
15       for Kansas bureau of investigation forensic or laboratory analyses,
16       fees for detention facility processing pursuant to K.S.A. 1998 Supp.
17       12-16,119, and amendments thereto, fees for the sexual assault
18       evidence collection kit, fees for conducting an examination of a
19       sexual assault victim, fees for service of process outside the state,
20       witness fees, fees for transcripts and depositions, costs from other
21       courts, doctors' fees and examination and evaluation fees. No sher-
22       iff in this state shall charge any district court of this state a fee or
23       mileage for serving any paper or process.
24             (e) In each case charging a violation of the laws relating to
25       parking of motor vehicles on the statehouse grounds or other state-
26       owned or operated property in Shawnee county, Kansas, as spec-
27       ified in K.S.A. 75-4510a, and amendments thereto, or as specified
28       in K.S.A. 75-4508, and amendments thereto, the clerk shall tax a
29       fee of $2 which shall constitute the entire costs in the case, except
30       that witness fees, mileage and expenses incurred in serving a war-
31       rant shall be in addition to the fee. Appearance bond for a parking
32       violation of K.S.A. 75-4508 or 75-4510a, and amendments thereto,
33       shall be $3, unless a warrant is issued. The judge may order the
34       bond forfeited upon the defendant's failure to appear, and $2 of
35       any bond so forfeited shall be regarded as court costs.
36             Sec.  14. 12. K.S.A. 20-2801 and K.S.A. 1998 Supp. 8-2106, 12-4117,
37       12-4214 and 12-4305 20-367 and 28-172a are hereby repealed.
38             Sec.  15. 13. This act shall take effect and be in force from and after
39       its publication in the statute book.
40