As Amended by House Committee

---

          As Amended by Senate Committee          

---

Session of 2000
          SENATE BILL No. 506           By Committee on Ways and Means           1-27          

---

11             AN  ACT concerning docket fees courts; establishing the judicial branch
12             nonjudicial salary initiative fund; relating to compensation for certain
13             nonjudicial employees in the judicial branch; concerning docket
14             fees; relating to the court of appeals; amending K.S.A. 20-1a04,
15             20-3002, 20-3005 and 20-3006 and K.S.A. 1999 Supp. 8-2107, 20-
16             367, 28-172a, 60-2001, 61-2501 and 61-2704 and repealing the existing
17             sections; also repealing K.S.A. 20-3003 and K.S.A. 1999 Supp. K.S.A.
18             1999 Supp. 20-367a.
19      
20       Be it enacted by the Legislature of the State of Kansas:
21             New Section  1. (a) There is hereby established in the state treasury
22       the judicial branch nonjudicial salary initiative fund.
23             (b) All moneys credited to the fund shall be used for the purpose of
24       providing annual salary adjustments for judicial branch employees. Ex-
25       penditures from the fund shall be in addition to the funding authorized
26       for increases to the rates of compensation of the pay plan for persons in
27       the classified service under the Kansas civil service act for fiscal years
28       commencing after June 30, 2000. Moneys credited to the fund shall not
29       be used for judicial salary increases. All moneys credited to the judicial
30       branch nonjudicial salary initiative fund shall be used for compen-
31       sation of nonjudicial officers and employees of the district courts,
32       court of appeals and the supreme court and shall not be expended
33       for compensation of judges or justices of the judicial branch. Mon-
34       eys in the fund shall be used only to pay for that portion of the cost
35       of salaries and wages of nonjudicial personnel of the judicial
36       branch, including associated employer contributions, which shall
37       not exceed the difference between the amount of expenditures that
38       would be required under the judicial branch pay plan for nonju-
39       dicial personnel in effect prior to the effective date of this act and
40       the amount of expenditures required under the judicial branch pay
41       plan for nonjudicial personnel after the cost-of-living adjustments
42       and the adjustments for upgrades in pay rates for nonjudicial per-

2
  1       sonnel approved by the chief justice of the Kansas supreme court
  2       for fiscal year 2001. For fiscal years commencing on and after June
  3       30, 2001, moneys in such fund shall be used only for the amount
  4       attributable to maintenance of the judicial branch pay plan for non-
  5       judicial personnel for such adjustments and upgrades approved by
  6       the chief justice of the supreme court for fiscal year 2001. All mon-
  7       eys credited to the fund shall be used for the purpose of providing
  8       annual salary adjustments for judicial branch employees. Expend-
  9       itures from the fund shall be in addition to the funding authorized
10       for increases to the rates of compensation of the pay plan for per-
11       sons in the classified service under the Kansas civil service act for
12       fiscal years commencing after June 30, 2000. Moneys credited to
13       the fund shall not be used for judicial salary increases.
14             (c)  All expenditures from the judicial branch nonjudicial salary ini-
15       tiative fund shall be made in accordance with appropriation acts and upon
16       warrants of the director of accounts and reports issued pursuant to vouch-
17       ers payrolls approved by the chief justice of the Kansas supreme court
18       or by a person or persons designated by the chief justice.
19        (d) The enactment of this legislation shall not be considered a
20       statement of legislative intent to endorse or be considered the ba-
21       sis for continuing legislative funding support for the proposed non-
22       judicial pay plan contained in the report to the Kansas supreme
23       court by the nonjudicial salary initiative entitled nonjudicial em-
24       ployee compensation submitted to the 2000 legislature.
25             Sec.  2. K.S.A. 1999 Supp. 8-2107 is hereby amended to read as fol-
26       lows: 8-2107. (a) (1) Notwithstanding any other provisions of the uniform
27       act regulating traffic on highways, when a person is stopped by a police
28       officer for any of the offenses described in subsection (d) and such person
29       is not immediately taken before a judge of the district court, the police
30       officer may require the person stopped, subject to the provisions of sub-
31       section (c), to deposit with the officer a valid Kansas driver's license in
32       exchange for a receipt therefor issued by such police officer, the form of
33       which shall be approved by the division of vehicles. Such receipt shall be
34       recognized as a valid temporary Kansas driver's license authorizing the
35       operation of a motor vehicle by the person stopped until the date of the
36       hearing stated on the receipt. The driver's license and a written copy of
37       the notice to appear shall be delivered by the police officer to the court
38       having jurisdiction of the offense charged as soon as reasonably possible.
39       If the hearing on such charge is continued for any reason, the judge may
40       note on the receipt the date to which such hearing has been continued
41       and such receipt shall be recognized as a valid temporary Kansas driver's
42       license until such date, but in no event shall such receipt be recognized
43       as a valid Kansas driver's license for a period longer than 30 days from

3
  1       the date set for the original hearing. Any person who has deposited a
  2       driver's license with a police officer under this subsection (a) shall have
  3       such license returned upon final determination of the charge against such
  4       person.
  5             (2) In the event the person stopped deposits a valid Kansas driver's
  6       license with the police officer and fails to appear in the district court on
  7       the date set for appearance, or any continuance thereof, and in any event
  8       within 30 days from the date set for the original hearing, the court shall
  9       forward such person's driver's license to the division of vehicles with an
10       appropriate explanation attached thereto. Upon receipt of such person's
11       driver's license, the division shall suspend such person's privilege to op-
12       erate a motor vehicle in this state until such person appears before the
13       court having jurisdiction of the offense charged, the court makes a final
14       disposition thereof and notice of such disposition is given by the court to
15       the division. No new or replacement license shall be issued to any such
16       person until such notice of disposition has been received by the division.
17       The provisions of K.S.A. 8-256, and amendments thereto, limiting the
18       suspension of a license to one year, shall not apply to suspensions for
19       failure to appear as provided in this subsection (a).
20             (b) No person shall apply for a replacement or new driver's license
21       prior to the return of such person's original license which has been de-
22       posited in lieu of bond under this section. Violation of this subsection (b)
23       is a class C misdemeanor. The division may suspend such person's driver's
24       license for a period of not to exceed one year from the date the division
25       receives notice of the disposition of the person's charge as provided in
26       subsection (a).
27             (c)  (1) In lieu of depositing a valid Kansas driver's license with the
28       stopping police officer as provided in subsection (a), the person stopped
29       may elect to give bond in the amount specified in subsection (d) for the
30       offense for which the person was stopped. When such person does not
31       have a valid Kansas driver's license, such person shall give such bond.
32       Such bond shall be subject to forfeiture if the person stopped does not
33       appear at the court and at the time specified in the written notice pro-
34       vided for in K.S.A. 8-2106, and amendments thereto.
35             (2) Such bond may be a cash bond, a bank card draft from any valid
36       and unexpired credit card approved by the division of vehicles or super-
37       intendent of the Kansas highway patrol or a guaranteed arrest bond cer-
38       tificate issued by either a surety company authorized to transact such
39       business in this state or an automobile club authorized to transact business
40       in this state by the commissioner of insurance. If any of the approved
41       bank card issuers redeem the bank card draft at a discounted rate, such
42       discount shall be charged against the amount designated as the fine for
43       the offense. If such bond is not forfeited, the amount of the bond less

4
  1       the discount rate shall be reimbursed to the person providing the bond
  2       by the use of a bank card draft. Any such guaranteed arrest bond certif-
  3       icate shall be signed by the person to whom it is issued and shall contain
  4       a printed statement that such surety company or automobile club guar-
  5       antees the appearance of such person and will, in the event of failure of
  6       such person to appear in court at the time of trial, pay any fine or forfei-
  7       ture imposed on such person not to exceed an amount to be stated on
  8       such certificate.
  9             (3) Such cash bond shall be taken in the following manner: The police
10       officer shall furnish the person stopped a stamped envelope addressed to
11       the judge or clerk of the court named in the written notice to appear and
12       the person shall place in such envelope the amount of the bond, and in
13       the presence of the police officer shall deposit the same in the United
14       States mail. After such cash payment, the person stopped need not sign
15       the written notice to appear, but the police officer shall note the amount
16       of the bond mailed on the notice to appear form and shall give a copy of
17       such form to the person. If the person stopped furnishes the police officer
18       with a guaranteed arrest bond certificate or bank card draft, the police
19       officer shall give such person a receipt therefor and shall note the amount
20       of the bond on the notice to appear form and give a copy of such form
21       to the person stopped. Such person need not sign the written notice to
22       appear, and the police officer shall present the notice to appear and the
23       guaranteed arrest bond certificate or bank card draft to the court having
24       jurisdiction of the offense charged as soon as reasonably possible.
25             (d) The offenses for which appearance bonds may be required as
26       provided in subsection (c) and the amounts thereof shall be as follows:
27             On and after July 1, 1996:

28	Reckless driving	$82
29	Driving when privilege is canceled, suspended or revoked	82
30	Failure to comply with lawful order of officer	57
31	Registration violation (registered for 12,000 pounds or less)	52
32	Registration violation (registered for more than 12,000 pounds)	92
33	No driver's license for the class of vehicle operated or violation ofrestrictions	52
34	Spilling load on highway	52

35       Overload:

36       37

Gross weight of vehicle or combination of vehicles

an amount equal to the fine plus docket fee to be imposed if convicted

5

1       2	Gross weight upon any axle or tandem, triple or quad axles	an amount equal to the fine plus docket fee to be imposed if convicted
3	Failure to obtain proper registration, clearance or to have current certi-fication as required by K.S.A. 66-1324, and amendments thereto	272
4	Insufficient liability insurance for motor carriers pursuant to K.S.A. 66-1,128 or 66-1314, and amendments thereto	122
5	Failure to obtain interstate motor fuel tax authorization pursuant to K.S.A.79-34,122, and amendments thereto	122
6	Improper equipment (glass or fire extinguishers)	52
7	No authority as private, contract or common carrier	122
8	No current driver's daily log	52
9	Invalid or no physical examination card	52
10	Transporting open container of alcoholic liquor or cereal malt beverageaccessible while vehicle in motion	223

11             (e) In the event of forfeiture of any bond under this section, $45 $46
12       $53 of the amount forfeited shall be regarded as a docket fee in any court
13       having jurisdiction over the violation of state law.
14             (f) None of the provisions of this section shall be construed to conflict
15       with the provisions of the nonresident violator compact.
16             (g) When a person is stopped by a police officer for any traffic in-
17       fraction and the person is a resident of a state which is not a member of
18       the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments
19       thereto, or the person is licensed to drive under the laws of a foreign
20       country, the police officer may require a bond as provided for under
21       subsection (c). The bond shall be in the amount specified in the uniform
22       fine schedule in subsection (c) of K.S.A. 8-2118, and amendments
23       thereto, plus $45 $46 $53 which shall be regarded as a docket fee in any
24       court having jurisdiction over the violation of state law.
25             (h) When a person is stopped by a police officer for failure to provide
26       proof of financial security pursuant to K.S.A. 40-3104, and amendments
27       thereto, and the person is a resident of another state or the person is
28       licensed to drive under the laws of a foreign country, the police officer
29       may require a bond as provided for under subsection (c). The bond shall
30       be in the amount of $54, plus $45 $46 $53 which shall be regarded as a
31       docket fee in any court having jurisdiction over the violation of state law.
32             Sec.  3. K.S.A. 20-1a04 is hereby amended to read as follows: 20-
33       1a04. The clerk of the supreme court shall remit to the state treasurer at
34       least monthly all moneys received by or for him such clerk for docket
35       fees, and all amounts received for other purposes than those specified in
36       K.S.A. 20-1a01, 20-1a02 or 20-1a03, and amendments thereto, unless by
37       order of the supreme court he such clerk is directed to make other dis-

6
  1       position thereof. Upon receipt of any such remittance the state treasurer
  2       shall deposit and credit to the judicial branch nonjudicial salary initiative
  3       fund, a sum equal to 55% of the remittances of docket fees and to the state
  4       general fund, a sum equal to 45% of the remittance of docket fees. The
  5       entire amount thereof in the state treasury and the entire amount thereof
  6       shall be credited to the state general fund.
  7             Sec.  4. K.S.A. 1999 Supp. 20-367 is hereby amended to read as fol-
  8       lows: 20-367. Of the remittance of the balance of docket fees received
  9       monthly by the state treasurer from clerks of the district court pursuant
10       to subsection (f) of K.S.A. 20-362, and amendments thereto, the state
11       treasurer shall deposit and credit to the access to justice fund, a sum
12       equal to 6.78% 5.34% 6.01% 6.17% of the remittances of docket fees;
13       to the juvenile detention facilities fund, a sum equal to 4.35% 3.42%
14       3.34% 3.43% of the remittances of docket fees; to the judicial branch
15       education fund, the state treasurer shall deposit and credit a sum equal
16       to 3.34% 2.63% 2.57% 2.63% of the remittances of docket fees; to the
17       crime victims assistance fund, the state treasurer shall deposit and credit
18       a sum equal to .9% .71% .70% .71% of the remittances of the docket
19       fees; to the protection from abuse fund, the state treasurer shall deposit
20       and credit a sum equal to 2.68% 2.11% 2.06% 2.11% of the remittances
21       of the docket fees; to the judiciary technology fund, the state treasurer
22       shall deposit and credit a sum equal to 6.77% 5.33% 5.20% 5.34% of
23       the remittances of docket fees; to the dispute resolution fund, the state
24       treasurer shall deposit and credit a sum equal to .56% .44% .43% .44%
25       of the remittances of docket fees; to the Kansas endowment for youth
26       trust fund, the state treasurer shall deposit and credit a sum equal to
27       1.98% 1.56% 1.52% 1.56% of the remittances of docket fees; and to the
28       permanent families account in the family and children investment fund,
29       the state treasurer shall deposit and credit a sum equal to .32% .25% of
30       the remittances of docket fees; to the trauma fund, a sum equal to 2.34%
31       1.844% 1.80% 1.84% of the remittance of docket fees; and to the judicial
32       branch nonjudicial salary initiative fund, the state treasurer shall deposit
33       and credit a sum equal to 21.28% 22.37% 21.18% of the remittance of
34       docket fees. The balance remaining of the remittances of docket fees shall
35       be deposited and credited to the state general fund.
36             Sec.  5. K.S.A. 1999 Supp. 28-172a is hereby amended to read as
37       follows: 28-172a. (a) Except as otherwise provided in this section, when-
38       ever the prosecuting witness or defendant is adjudged to pay the costs in
39       a criminal proceeding in any county, a docket fee shall be taxed as follows:
40             On and after July 1, 1998:

41	Murder or manslaughter	$164.50
42	Other felony 134.50 140.00	145.00
43	Misdemeanor 102.50 105.00	110.00M

7

1	Forfeited recognizance	62.50
2	Appeals from other courts	62.50

  3             (b)  (1) Except as provided in paragraph (2), in actions involving the
  4       violation of any of the laws of this state regulating traffic on highways
  5       (including those listed in subsection (c) of K.S.A. 8-2118, and amend-
  6       ments thereto), a cigarette or tobacco infraction, any act declared a crime
  7       pursuant to the statutes contained in chapter 32 of Kansas Statutes An-
  8       notated and amendments thereto or any act declared a crime pursuant
  9       to the statutes contained in article 8 of chapter 82a of the Kansas Statutes
10       Annotated, and amendments thereto, whenever the prosecuting witness
11       or defendant is adjudged to pay the costs in the action, a docket fee of
12       $45 $46 $53 shall be charged. When an action is disposed of under sub-
13       sections (a) and (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393,
14       and amendments thereto, whether by mail or in person, the docket fee
15       to be paid as court costs shall be $45 $46 $53.
16             (2) In actions involving the violation of a moving traffic violation un-
17       der K.S.A. 8-2118, and amendments thereto, as defined by rules and
18       regulations adopted under K.S.A. 8-249, and amendments thereto, when-
19       ever the prosecuting witness or defendant is adjudged to pay the costs in
20       the action, a docket fee of $46 $53 shall be charged. When an action is
21       disposed of under subsection (a) and (b) of K.S.A. 8-2118, and amend-
22       ments thereto, whether by mail or in person, the docket fee to be paid
23       as court costs shall be $46 $53.
24             (c) If a conviction is on more than one count, the docket fee shall be
25       the highest one applicable to any one of the counts. The prosecuting
26       witness or defendant, if assessed the costs, shall pay only one fee. Multiple
27       defendants shall each pay one fee.
28             (d) Statutory charges for law library funds, the law enforcement train-
29       ing center fund, the prosecuting attorneys' training fund, the juvenile
30       detention facilities fund, the judicial branch education fund, the emer-
31       gency medical services operating fund and the judiciary technology fund
32       shall be paid from the docket fee; the family violence and child abuse and
33       neglect assistance and prevention fund fee shall be paid from criminal
34       proceedings docket fees. All other fees and expenses to be assessed as
35       additional court costs shall be approved by the court, unless specifically
36       fixed by statute. Additional fees shall include, but are not limited to, fees
37       for Kansas bureau of investigation forensic or laboratory analyses, fees for
38       detention facility processing pursuant to K.S.A. 1999 Supp. 12-16,119,
39       and amendments thereto, fees for the sexual assault evidence collection
40       kit, fees for conducting an examination of a sexual assault victim, fees for
41       service of process outside the state, witness fees, fees for transcripts and
42       depositions, costs from other courts, doctors' fees and examination and
43       evaluation fees. No sheriff in this state shall charge any district court of

8
  1       this state a fee or mileage for serving any paper or process.
  2             (e) In each case charging a violation of the laws relating to parking
  3       of motor vehicles on the statehouse grounds or other state-owned or
  4       operated property in Shawnee county, Kansas, as specified in K.S.A. 75-
  5       4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and
  6       amendments thereto, the clerk shall tax a fee of $2 which shall constitute
  7       the entire costs in the case, except that witness fees, mileage and expenses
  8       incurred in serving a warrant shall be in addition to the fee. Appearance
  9       bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amend-
10       ments thereto, shall be $3, unless a warrant is issued. The judge may
11       order the bond forfeited upon the defendant's failure to appear, and $2
12       of any bond so forfeited shall be regarded as court costs.
13             Sec.  6. K.S.A. 1999 Supp. 60-2001 is hereby amended to read as
14       follows: 60-2001. (a) Docket fee. Except as otherwise provided by law, no
15       case shall be filed or docketed in the district court, whether original or
16       appealed, without payment of a docket fee in the amount of $66.50 $100
17       $87 $100 to the clerk of the district court.
18             (b) Poverty affidavit in lieu of docket fee. (1) Effect. In any case where
19       a plaintiff by reason of poverty is unable to pay a docket fee, and an
20       affidavit so stating is filed, no fee will be required. An inmate in the
21       custody of the secretary of corrections may file a poverty affidavit only if
22       the inmate attaches a statement disclosing the average account balance,
23       or the total deposits, whichever is less, in the inmate's trust fund for each
24       month in (A) the six-month period preceding the filing of the action; or
25       (B) the current period of incarceration, whichever is shorter. Such state-
26       ment shall be certified by the secretary. On receipt of the affidavit and
27       attached statement, the court shall determine the initial fee to be assessed
28       for filing the action and in no event shall the court require an inmate to
29       pay less than $3. The secretary of corrections is hereby authorized to
30       disburse money from the inmate's account to pay the costs as determined
31       by the court. If the inmate has a zero balance in such inmate's account,
32       the secretary shall debit such account in the amount of $3 per filing fee
33       as established by the court until money is credited to the account to pay
34       such docket fee. Any initial filing fees assessed pursuant to this subsection
35       shall not prevent the court, pursuant to subsection (d), from taxing that
36       individual for the remainder of the amount required under subsection (a)
37       or this subsection.
38             (2) Form of affidavit. The affidavit provided for in this subsection
39       shall be in the following form and attached to the petition:
40       State of Kansas, ________ County.
41             In the district court of the county: I do solemnly swear that the claim set forth in the
42       petition herein is just, and I do further swear that, by reason of my poverty, I am unable to
43       pay a docket fee.

9
  1             (c) Disposition of docket fee. The docket fee shall be the only costs
  2       assessed in each case for services of the clerk of the district court and the
  3       sheriff. The docket fee shall be disbursed in accordance with K.S.A. 20-
  4       362 and amendments thereto.
  5             (d) Additional court costs. Other fees and expenses to be assessed as
  6       additional court costs shall be approved by the court, unless specifically
  7       fixed by statute. Other fees shall include, but not be limited to, witness
  8       fees, appraiser fees, fees for service of process outside the state, fees for
  9       depositions, alternative dispute resolution fees, transcripts and publica-
10       tion, attorney fees, court costs from other courts and any other fees and
11       expenses required by statute. All additional court costs shall be taxed and
12       billed against the parties as directed by the court. No sheriff in this state
13       shall charge any district court in this state a fee or mileage for serving any
14       paper or process.
15             Sec.  7. K.S.A. 1999 Supp. 61-2501 is hereby amended to read as
16       follows: 61-2501. (a) Docket fee. No case shall be filed or docketed pur-
17       suant to this chapter without the payment of a docket fee in the amount
18       of $19.50, if the amount in controversy or claimed does not exceed $500;
19       $39.50, if the amount in controversy or claimed exceeds $500 but does
20       not exceed $5,000; $45 $44 $25, if the amount in controversy or claimed
21       does not exceed $5,000 $500, or $64.50 $75 $65 $45, if the amount in
22       controversy or claimed exceeds $5,000 $500 but does not exceed
23       $5,000 or $75 if the amount in controversy or claimed exceeds
24       $5,000. If judgment is rendered for the plaintiff, the court also may enter
25       judgment for the plaintiff for the amount of the docket fee paid by the
26       plaintiff.
27             (b) Poverty affidavit; additional court costs. The provisions of sub-
28       sections (b), (c) and (d) of K.S.A. 60-2001 and amendments thereto shall
29       be applicable to actions pursuant to this chapter.
30             Sec.  8. K.S.A. 1999 Supp. 61-2704 is hereby amended to read as
31       follows: 61-2704. (a) An action seeking the recovery of a small claim shall
32       be considered to have been commenced at the time a person files a writ-
33       ten statement of the person's small claim with the clerk of the court if,
34       within 90 days after the small claim is filed, service of process is obtained
35       or the first publication is made for service by publication. Otherwise, the
36       action is deemed commenced at the time of service of process or first
37       publication. An entry of appearance shall have the same effect as service.
38             (b) Upon the filing of a plaintiff's small claim, the clerk of the court
39       shall require from the plaintiff a docket fee of $19.50 $25 $22 $25, if the
40       claim does not exceed $500; or $39.50 $45 $40 $45, if the claim exceeds
41       $500; unless for good cause shown the judge waives the fee. The docket
42       fee shall be the only costs required in an action seeking recovery of a
43       small claim. No person may file more than 10 small claims under this act

10
  1       in the same court during any calendar year.
  2        Sec.  9. K.S.A. 20-3002 is hereby amended to read as follows:
  3       20-3002. (a) On and after July 1, 2001, through June 30, 2002, the court
  4       of appeals shall consist of 10 11 judges whose positions shall be
  5       numbered one to 10 11. On and after July 1, 2002, through June 30,
  6       2003, the court of appeals shall consist of 12 judges whose positions shall
  7       be numbered one to 12. On and after July 1, 2003, through June 30, 2004,
  8       the court of appeals shall consist of 13 judges whose positions shall be
  9       numbered one to 13. On and after July 1, 2004, the court of appeals shall
10       consist of 14 judges whose positions shall be numbered one to 14. Judges
11       of the court of appeals shall possess the qualifications prescribed
12       by law for justices of the supreme court.
13             (b) Judges of the court of appeals shall be selected in the man-
14       ner provided by K.S.A. 20-3003 through 20-3010, and amendments
15       thereto. Each judge of the court of appeals shall receive an annual
16       salary in the amount prescribed by law. No judge of the court of
17       appeals may receive additional compensation for official services
18       performed by the judge. Each such judge shall be reimbursed for
19       expenses incurred in the performance of such judge's official du-
20       ties in the same manner and to the same extent justices of the
21       supreme court are reimbursed for such expenses.
22             (c) The supreme court may assign a judge of the court of ap-
23       peals to serve temporarily on the supreme court.
24             Sec.  10. K.S.A. 20-3005 is hereby amended to read as follows:
25       20-3005. On the respective July 1, 1987, pursuant to subsection (a) of
26       K.S.A. 20-3002, and amendments thereto, the clerk of the supreme
27       court shall notify the chairperson of the supreme court nominating
28       commission of the number of vacant positions on the court of ap-
29       peals to be filled by appointment. Upon receipt of such notice, the
30       chairperson shall cause the call a meeting of the commission to meet
31       and submit to the governor a panel of three nominees for the low-
32       est numbered position on the court of appeals for which an ap-
33       pointment is to be made. The governor shall appoint one of such
34       nominees to the position on the court of appeals for which the
35       nominee was nominated within 60 days from the time the panel of
36       nominations for such position is submitted to the governor. If the
37       governor fails to make the appointment within such time, the chief
38       justice of the supreme court shall make such appointment from
39       among the persons so nominated as provided in this section. When
40       the appointment has been made and the person has informed the
41       clerk of the supreme court in writing of the person's acceptance
42       of such appointment, the clerk of the supreme court shall so notify
43       the chairperson of the supreme court nominating commission who

11
  1       again shall cause the call a meeting of the commission to meet and
  2       submit to the governor another panel of three nominees for the
  3       lowest numbered position remaining on the court of appeals for
  4       which no appointment has been made. The process of nomination
  5       and appointment provided herein in this section shall be repeated
  6       until nominations and appointments have been made for all posi-
  7       tions on the court of appeals for which appointments are to be
  8       made. Each appointment to the court of appeals shall be made
  9       from a separate panel of nominees, and the appointment to each
10       position shall be made and accepted before any other panel of
11       nominees is submitted to the governor. The nomination of a per-
12       son on an earlier panel shall not preclude the person's nomination
13       on a subsequent panel.
14             Sec.  11. K.S.A. 20-3006 is hereby amended to read as follows:
15       20-3006. (a) Persons who are appointed as judges of the court of
16       appeals pursuant to K.S.A. 20-3005 and amendments thereto shall
17       commence the duties of their office upon appointment, and each
18       such judge shall have all the rights, privileges, powers and duties
19       prescribed by law for the office of judge of the court of appeals.
20       The initial terms term of office for persons the person serving as judges
21       judge of the court of appeals in positions eight, nine and 10 position
22       11 shall expire January 14, 1991 10, 2005. The initial term of office for
23       the person serving as judge of the court of appeals in position 12 shall
24       expire January 9, 2006. The initial term of office for the person serving
25       as judge of the court of appeals in position 13 shall expire January 8, 2007.
26       The initial term of office for the person serving as judge of the court of
27       appeals in position 14 shall expire January 7, 2008.
28             (b)  (1) Not less than 60 days prior to the holding of the general
29       election next preceding the expiration of the term of any judge of
30       the court of appeals, the judge may file in the office of the secre-
31       tary of state a declaration of candidacy for retention in office. If a
32       declaration is not so filed as provided in this section, the position held
33       by the judge shall be vacant upon the expiration of the judge's term
34       of office. If such declaration is filed, the judge's name shall be
35       submitted at the next general election to the electors of the state
36       on a separate judicial ballot, without party designation, reading
37       substantially as follows:
38       ``Shall ________ (Here insert name of judge.), Judge of the Court of Appeals,
39       be retained in office?''
40             (2) If a majority of those voting on the question shall vote votes
41       against retaining the judge in office, the position which the judge
42       holds shall be vacant upon the expiration of the judge's term of
43       office. Otherwise, unless the judge is removed for cause, the judge

12
  1       shall remain in office for a term of four years from the second
  2       Monday in January following the election. At the expiration of each
  3       term, unless by law the judge is compelled to retire, the judge shall
  4       be eligible for retention in office by election in the manner pre-
  5       scribed in this section.
  6             (3) If a majority of those voting on the question shall vote votes
  7       against the judge's retention, the secretary of state, following the
  8       final canvass of votes on the question, shall certify the results to
  9       the clerk of the supreme court. Any such judge who has not been
10       retained in office pursuant to this section shall not be eligible for
11       nomination or appointment to the office of judge of the court of
12       appeals prior to the expiration of four years after the expiration of
13       the judge's term of office.
14             (4) Election laws applicable to the general election of other
15       state officers shall apply to elections upon the question of retention
16       of judges of the court of appeals pursuant to this section, to the
17       extent that they are not in conflict with and are consistent with the
18       provisions of this act.
19        Sec.  9. 12. K.S.A. 20-1a04 20-3002, 20-3003, 20-3005 and 20-
20       3006 and K.S.A. 1999 Supp. 8-2107, 20-367, 20-367a, 28-172a, 60-2001,
21       61-2501 and 61-2704 are hereby repealed.
22        Sec.  10. 13. This act shall take effect and be in force from and after
23       its publication in the statute book.