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Session of 2000
          Senate Substitute for HOUSE BILL No. 2027           By Committee on Ways and Means           4-26          

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10             AN  ACT concerning docket fees; establishing the judicial branch non-
11             judicial salary initiative fund; relating to compensation for certain non-
12             judicial employees in the judicial branch; amending K.S.A. 20-1a04
13             and K.S.A. 1999 Supp. 8-2107, 20-367, 28-172a, 60-2001, 61-2501 and
14             61-2704 and repealing the existing sections; also repealing K.S.A. 1999
15             Supp. 20-367a.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             New Section  1. (a) There is hereby established in the state treasury
19       the judicial branch nonjudicial salary initiative fund.
20             (b) All moneys credited to the judicial branch nonjudicial salary ini-
21       tiative fund shall be used for compensation of nonjudicial officers and
22       employees of the district courts, court of appeals and the supreme court
23       and shall not be expended for compensation of judges or justices of the
24       judicial branch. Moneys in the fund shall be used only to pay for that
25       portion of the cost of salaries and wages of nonjudicial personnel of the
26       judicial branch, including associated employer contributions, which shall
27       not exceed the difference between the amount of expenditures that would
28       be required under the judicial branch pay plan for nonjudicial personnel
29       in effect prior to the effective date of this act and the amount of expend-
30       itures required under the judicial branch pay plan for nonjudicial person-
31       nel after the cost-of-living adjustments and the adjustments for upgrades
32       in pay rates for nonjudicial personnel approved by the chief justice of the
33       Kansas supreme court for fiscal year 2001. For fiscal years commencing
34       on and after June 30, 2001, moneys in such fund shall be used only for
35       the amount attributable to maintenance of the judicial branch pay plan
36       for nonjudicial personnel for such adjustments and upgrades approved by
37       the chief justice of the supreme court for fiscal year 2001.
38             (c)  All expenditures from the judicial branch nonjudicial salary ini-
39       tiative fund shall be made in accordance with appropriation acts and upon
40       warrants of the director of accounts and reports issued pursuant to pay-
41       rolls approved by the chief justice of the Kansas supreme court or by a
42       person or persons designated by the chief justice.
43             Sec.  2. K.S.A. 1999 Supp. 8-2107 is hereby amended to read as fol-
44       lows: 8-2107. (a) (1) Notwithstanding any other provisions of the uniform

2
  1       act regulating traffic on highways, when a person is stopped by a police
  2       officer for any of the offenses described in subsection (d) and such person
  3       is not immediately taken before a judge of the district court, the police
  4       officer may require the person stopped, subject to the provisions of sub-
  5       section (c), to deposit with the officer a valid Kansas driver's license in
  6       exchange for a receipt therefor issued by such police officer, the form of
  7       which shall be approved by the division of vehicles. Such receipt shall be
  8       recognized as a valid temporary Kansas driver's license authorizing the
  9       operation of a motor vehicle by the person stopped until the date of the
10       hearing stated on the receipt. The driver's license and a written copy of
11       the notice to appear shall be delivered by the police officer to the court
12       having jurisdiction of the offense charged as soon as reasonably possible.
13       If the hearing on such charge is continued for any reason, the judge may
14       note on the receipt the date to which such hearing has been continued
15       and such receipt shall be recognized as a valid temporary Kansas driver's
16       license until such date, but in no event shall such receipt be recognized
17       as a valid Kansas driver's license for a period longer than 30 days from
18       the date set for the original hearing. Any person who has deposited a
19       driver's license with a police officer under this subsection (a) shall have
20       such license returned upon final determination of the charge against such
21       person.
22             (2) In the event the person stopped deposits a valid Kansas driver's
23       license with the police officer and fails to appear in the district court on
24       the date set for appearance, or any continuance thereof, and in any event
25       within 30 days from the date set for the original hearing, the court shall
26       forward such person's driver's license to the division of vehicles with an
27       appropriate explanation attached thereto. Upon receipt of such person's
28       driver's license, the division shall suspend such person's privilege to op-
29       erate a motor vehicle in this state until such person appears before the
30       court having jurisdiction of the offense charged, the court makes a final
31       disposition thereof and notice of such disposition is given by the court to
32       the division. No new or replacement license shall be issued to any such
33       person until such notice of disposition has been received by the division.
34       The provisions of K.S.A. 8-256, and amendments thereto, limiting the
35       suspension of a license to one year, shall not apply to suspensions for
36       failure to appear as provided in this subsection (a).
37             (b) No person shall apply for a replacement or new driver's license
38       prior to the return of such person's original license which has been de-
39       posited in lieu of bond under this section. Violation of this subsection (b)
40       is a class C misdemeanor. The division may suspend such person's driver's
41       license for a period of not to exceed one year from the date the division
42       receives notice of the disposition of the person's charge as provided in
43       subsection (a).

3
  1             (c)  (1) In lieu of depositing a valid Kansas driver's license with the
  2       stopping police officer as provided in subsection (a), the person stopped
  3       may elect to give bond in the amount specified in subsection (d) for the
  4       offense for which the person was stopped. When such person does not
  5       have a valid Kansas driver's license, such person shall give such bond.
  6       Such bond shall be subject to forfeiture if the person stopped does not
  7       appear at the court and at the time specified in the written notice pro-
  8       vided for in K.S.A. 8-2106, and amendments thereto.
  9             (2) Such bond may be a cash bond, a bank card draft from any valid
10       and unexpired credit card approved by the division of vehicles or super-
11       intendent of the Kansas highway patrol or a guaranteed arrest bond cer-
12       tificate issued by either a surety company authorized to transact such
13       business in this state or an automobile club authorized to transact business
14       in this state by the commissioner of insurance. If any of the approved
15       bank card issuers redeem the bank card draft at a discounted rate, such
16       discount shall be charged against the amount designated as the fine for
17       the offense. If such bond is not forfeited, the amount of the bond less
18       the discount rate shall be reimbursed to the person providing the bond
19       by the use of a bank card draft. Any such guaranteed arrest bond certif-
20       icate shall be signed by the person to whom it is issued and shall contain
21       a printed statement that such surety company or automobile club guar-
22       antees the appearance of such person and will, in the event of failure of
23       such person to appear in court at the time of trial, pay any fine or forfei-
24       ture imposed on such person not to exceed an amount to be stated on
25       such certificate.
26             (3) Such cash bond shall be taken in the following manner: The police
27       officer shall furnish the person stopped a stamped envelope addressed to
28       the judge or clerk of the court named in the written notice to appear and
29       the person shall place in such envelope the amount of the bond, and in
30       the presence of the police officer shall deposit the same in the United
31       States mail. After such cash payment, the person stopped need not sign
32       the written notice to appear, but the police officer shall note the amount
33       of the bond mailed on the notice to appear form and shall give a copy of
34       such form to the person. If the person stopped furnishes the police officer
35       with a guaranteed arrest bond certificate or bank card draft, the police
36       officer shall give such person a receipt therefor and shall note the amount
37       of the bond on the notice to appear form and give a copy of such form
38       to the person stopped. Such person need not sign the written notice to
39       appear, and the police officer shall present the notice to appear and the
40       guaranteed arrest bond certificate or bank card draft to the court having
41       jurisdiction of the offense charged as soon as reasonably possible.
42             (d) The offenses for which appearance bonds may be required as
43       provided in subsection (c) and the amounts thereof shall be as follows:

4
  1             On and after July 1, 1996:

2	Reckless driving	$82
3	Driving when privilege is canceled, suspended orrevoked	82
4	Failure to comply with lawful order of officer	57
5       6	Registration violation (registered for 12,000 pounds or less)	52
7	Registration violation (registered for more than 12,000pounds)	92
8       9	No driver's license for the class of vehicle operated or violation of restrictions	52
10	Spilling load on highway	52

11       Overload:
12      

13       14	Gross weight of vehicle or combination of vehicles	an amount equal to the fine plus docket fee to be imposed if convicted
15       16	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
17	Failure to obtain proper registration, clearance or to havecurrent certification as required by K.S.A. 66-1324, andamendments thereto	272
18	Insufficient liability insurance for motor carriers pursuantto K.S.A. 66-1,128 or 66-1314, and amendmentsthereto	122
19	Failure to obtain interstate motor fuel tax authorizationpursuant to K.S.A. 79-34,122, and amendmentsthereto	122
20	Improper equipment (glass or fire extinguishers)	52
21	No authority as private, contract or common carrier	122
22	No current driver's daily log	52
23	Invalid or no physical examination card	52
24	Transporting open container of alcoholic liquor or cerealmalt beverage accessible while vehicle in motion	223

25             (e) In the event of forfeiture of any bond under this section, $45 $53
26       of the amount forfeited shall be regarded as a docket fee in any court
27       having jurisdiction over the violation of state law.
28             (f) None of the provisions of this section shall be construed to conflict
29       with the provisions of the nonresident violator compact.
30             (g) When a person is stopped by a police officer for any traffic in-
31       fraction and the person is a resident of a state which is not a member of

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  1       the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments
  2       thereto, or the person is licensed to drive under the laws of a foreign
  3       country, the police officer may require a bond as provided for under
  4       subsection (c). The bond shall be in the amount specified in the uniform
  5       fine schedule in subsection (c) of K.S.A. 8-2118, and amendments
  6       thereto, plus $45 $53 which shall be regarded as a docket fee in any court
  7       having jurisdiction over the violation of state law.
  8             (h) When a person is stopped by a police officer for failure to provide
  9       proof of financial security pursuant to K.S.A. 40-3104, and amendments
10       thereto, and the person is a resident of another state or the person is
11       licensed to drive under the laws of a foreign country, the police officer
12       may require a bond as provided for under subsection (c). The bond shall
13       be in the amount of $54, plus $45 $53 which shall be regarded as a docket
14       fee in any court having jurisdiction over the violation of state law.
15             Sec.  3. K.S.A. 20-1a04 is hereby amended to read as follows: 20-
16       1a04. The clerk of the supreme court shall remit to the state treasurer at
17       least monthly all moneys received by or for him such clerk for docket
18       fees, and all amounts received for other purposes than those specified in
19       K.S.A. 20-1a01, 20-1a02 or 20-1a03, and amendments thereto, unless by
20       order of the supreme court he such clerk is directed to make other dis-
21       position thereof. Upon receipt of any such remittance the state treasurer
22       shall deposit and credit to the judicial branch nonjudicial salary initiative
23       fund, a sum equal to 55% of the remittances of docket fees and to the state
24       general fund, a sum equal to 45% of the remittance of docket fees. The
25       entire amount thereof in the state treasury and the entire amount thereof
26       shall be credited to the state general fund.
27             Sec.  4. K.S.A. 1999 Supp. 20-367 is hereby amended to read as fol-
28       lows: 20-367. Of the remittance of the balance of docket fees received
29       monthly by the state treasurer from clerks of the district court pursuant
30       to subsection (f) of K.S.A. 20-362, and amendments thereto, the state
31       treasurer shall deposit and credit to the access to justice fund, a sum
32       equal to 6.78% 6.01% of the remittances of docket fees; to the juvenile
33       detention facilities fund, a sum equal to 4.35% 3.34% of the remittances
34       of docket fees; to the judicial branch education fund, the state treasurer
35       shall deposit and credit a sum equal to 3.34% 2.57% of the remittances
36       of docket fees; to the crime victims assistance fund, the state treasurer
37       shall deposit and credit a sum equal to .9% .70% of the remittances of
38       the docket fees; to the protection from abuse fund, the state treasurer
39       shall deposit and credit a sum equal to 2.68% 2.06% of the remittances
40       of the docket fees; to the judiciary technology fund, the state treasurer
41       shall deposit and credit a sum equal to 6.77% 5.20% of the remittances
42       of docket fees; to the dispute resolution fund, the state treasurer shall
43       deposit and credit a sum equal to .56% .43% of the remittances of docket

6
  1       fees; to the Kansas endowment for youth trust fund, the state treasurer
  2       shall deposit and credit a sum equal to 1.98% 1.52% of the remittances
  3       of docket fees; and to the permanent families account in the family and
  4       children investment fund, the state treasurer shall deposit and credit a
  5       sum equal to .32% .25% of the remittances of docket fees; to the trauma
  6       fund, a sum equal to 2.34% 1.80% of the remittance of docket fees; and
  7       to the judicial branch nonjudicial salary initiative fund, the state treasurer
  8       shall deposit and credit a sum equal to 22.37% of the remittance of docket
  9       fees. The balance remaining of the remittances of docket fees shall be
10       deposited and credited to the state general fund.
11             Sec.  5. K.S.A. 1999 Supp. 28-172a is hereby amended to read as
12       follows: 28-172a. (a) Except as otherwise provided in this section, when-
13       ever the prosecuting witness or defendant is adjudged to pay the costs in
14       a criminal proceeding in any county, a docket fee shall be taxed as follows:
15             On and after July 1, 1998:

16	Murder or manslaughter	$164.50
17	Other felony 134.50	145.00
18	Misdemeanor 102.50	110.00
19	Forfeited recognizance	62.50
20	Appeals from other courts	62.50

21             (b)  (1) Except as provided in paragraph (2), in actions involving the
22       violation of any of the laws of this state regulating traffic on highways
23       (including those listed in subsection (c) of K.S.A. 8-2118, and amend-
24       ments thereto), a cigarette or tobacco infraction, any act declared a crime
25       pursuant to the statutes contained in chapter 32 of Kansas Statutes An-
26       notated and amendments thereto or any act declared a crime pursuant
27       to the statutes contained in article 8 of chapter 82a of the Kansas Statutes
28       Annotated, and amendments thereto, whenever the prosecuting witness
29       or defendant is adjudged to pay the costs in the action, a docket fee of
30       $45 $53 shall be charged. When an action is disposed of under subsections
31       (a) and (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393, and
32       amendments thereto, whether by mail or in person, the docket fee to be
33       paid as court costs shall be $45 $53.
34             (2) In actions involving the violation of a moving traffic violation un-
35       der K.S.A. 8-2118, and amendments thereto, as defined by rules and
36       regulations adopted under K.S.A. 8-249, and amendments thereto, when-
37       ever the prosecuting witness or defendant is adjudged to pay the costs in
38       the action, a docket fee of $46 $53 shall be charged. When an action is
39       disposed of under subsection (a) and (b) of K.S.A. 8-2118, and amend-
40       ments thereto, whether by mail or in person, the docket fee to be paid
41       as court costs shall be $46 $53.
42             (c) If a conviction is on more than one count, the docket fee shall be
43       the highest one applicable to any one of the counts. The prosecuting

7
  1       witness or defendant, if assessed the costs, shall pay only one fee. Multiple
  2       defendants shall each pay one fee.
  3             (d) Statutory charges for law library funds, the law enforcement train-
  4       ing center fund, the prosecuting attorneys' training fund, the juvenile
  5       detention facilities fund, the judicial branch education fund, the emer-
  6       gency medical services operating fund and the judiciary technology fund
  7       shall be paid from the docket fee; the family violence and child abuse and
  8       neglect assistance and prevention fund fee shall be paid from criminal
  9       proceedings docket fees. All other fees and expenses to be assessed as
10       additional court costs shall be approved by the court, unless specifically
11       fixed by statute. Additional fees shall include, but are not limited to, fees
12       for Kansas bureau of investigation forensic or laboratory analyses, fees for
13       detention facility processing pursuant to K.S.A. 1999 Supp. 12-16,119,
14       and amendments thereto, fees for the sexual assault evidence collection
15       kit, fees for conducting an examination of a sexual assault victim, fees for
16       service of process outside the state, witness fees, fees for transcripts and
17       depositions, costs from other courts, doctors' fees and examination and
18       evaluation fees. No sheriff in this state shall charge any district court of
19       this state a fee or mileage for serving any paper or process.
20             (e) In each case charging a violation of the laws relating to parking
21       of motor vehicles on the statehouse grounds or other state-owned or
22       operated property in Shawnee county, Kansas, as specified in K.S.A. 75-
23       4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and
24       amendments thereto, the clerk shall tax a fee of $2 which shall constitute
25       the entire costs in the case, except that witness fees, mileage and expenses
26       incurred in serving a warrant shall be in addition to the fee. Appearance
27       bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amend-
28       ments thereto, shall be $3, unless a warrant is issued. The judge may
29       order the bond forfeited upon the defendant's failure to appear, and $2
30       of any bond so forfeited shall be regarded as court costs.
31             Sec.  6. K.S.A. 1999 Supp. 60-2001 is hereby amended to read as
32       follows: 60-2001. (a) Docket fee. Except as otherwise provided by law, no
33       case shall be filed or docketed in the district court, whether original or
34       appealed, without payment of a docket fee in the amount of $66.50 $87
35       to the clerk of the district court.
36             (b) Poverty affidavit in lieu of docket fee. (1) Effect. In any case where
37       a plaintiff by reason of poverty is unable to pay a docket fee, and an
38       affidavit so stating is filed, no fee will be required. An inmate in the
39       custody of the secretary of corrections may file a poverty affidavit only if
40       the inmate attaches a statement disclosing the average account balance,
41       or the total deposits, whichever is less, in the inmate's trust fund for each
42       month in (A) the six-month period preceding the filing of the action; or
43       (B) the current period of incarceration, whichever is shorter. Such state-

8
  1       ment shall be certified by the secretary. On receipt of the affidavit and
  2       attached statement, the court shall determine the initial fee to be assessed
  3       for filing the action and in no event shall the court require an inmate to
  4       pay less than $3. The secretary of corrections is hereby authorized to
  5       disburse money from the inmate's account to pay the costs as determined
  6       by the court. If the inmate has a zero balance in such inmate's account,
  7       the secretary shall debit such account in the amount of $3 per filing fee
  8       as established by the court until money is credited to the account to pay
  9       such docket fee. Any initial filing fees assessed pursuant to this subsection
10       shall not prevent the court, pursuant to subsection (d), from taxing that
11       individual for the remainder of the amount required under subsection (a)
12       or this subsection.
13             (2) Form of affidavit. The affidavit provided for in this subsection
14       shall be in the following form and attached to the petition:
15       State of Kansas, __________ County.
16             In the district court of the county: I do solemnly swear that the claim
17       set forth in the petition herein is just, and I do further swear that, by
18       reason of my poverty, I am unable to pay a docket fee.
19             (c) Disposition of docket fee. The docket fee shall be the only costs
20       assessed in each case for services of the clerk of the district court and the
21       sheriff. The docket fee shall be disbursed in accordance with K.S.A. 20-
22       362 and amendments thereto.
23             (d) Additional court costs. Other fees and expenses to be assessed as
24       additional court costs shall be approved by the court, unless specifically
25       fixed by statute. Other fees shall include, but not be limited to, witness
26       fees, appraiser fees, fees for service of process outside the state, fees for
27       depositions, alternative dispute resolution fees, transcripts and publica-
28       tion, attorney fees, court costs from other courts and any other fees and
29       expenses required by statute. All additional court costs shall be taxed and
30       billed against the parties as directed by the court. No sheriff in this state
31       shall charge any district court in this state a fee or mileage for serving any
32       paper or process.
33             Sec.  7. K.S.A. 1999 Supp. 61-2501 is hereby amended to read as
34       follows: 61-2501. (a) Docket fee. No case shall be filed or docketed pur-
35       suant to this chapter without the payment of a docket fee in the amount
36       of $19.50, if the amount in controversy or claimed does not exceed $500;
37       $39.50, if the amount in controversy or claimed exceeds $500 but does
38       not exceed $5,000; $44, if the amount in controversy or claimed does not
39       exceed $5,000, or $64.50 $65, if the amount in controversy or claimed
40       exceeds $5,000. If judgment is rendered for the plaintiff, the court also
41       may enter judgment for the plaintiff for the amount of the docket fee
42       paid by the plaintiff.
43             (b) Poverty affidavit; additional court costs. The provisions of sub-

9
  1       sections (b), (c) and (d) of K.S.A. 60-2001 and amendments thereto shall
  2       be applicable to actions pursuant to this chapter.
  3             Sec.  8. K.S.A. 1999 Supp. 61-2704 is hereby amended to read as
  4       follows: 61-2704. (a) An action seeking the recovery of a small claim shall
  5       be considered to have been commenced at the time a person files a writ-
  6       ten statement of the person's small claim with the clerk of the court if,
  7       within 90 days after the small claim is filed, service of process is obtained
  8       or the first publication is made for service by publication. Otherwise, the
  9       action is deemed commenced at the time of service of process or first
10       publication. An entry of appearance shall have the same effect as service.
11             (b) Upon the filing of a plaintiff's small claim, the clerk of the court
12       shall require from the plaintiff a docket fee of $19.50 $22, if the claim
13       does not exceed $500; or $39.50 $40, if the claim exceeds $500; unless
14       for good cause shown the judge waives the fee. The docket fee shall be
15       the only costs required in an action seeking recovery of a small claim. No
16       person may file more than 10 small claims under this act in the same
17       court during any calendar year. 
18       Sec.  9. K.S.A. 20-1a04 and K.S.A. 1999 Supp. 8-2107, 20-367, 20-
19       367a, 28-172a, 60-2001, 61-2501 and 61-2704 are hereby repealed.
20        Sec.  10. This act shall take effect and be in force from and after its
21       publication in the statute book.