28-170. Court fees, civil actions; authorized only by legislative enactment; prosecuting attorneys' training fund; indigents' defense services fund.
28-170
28-170. Court fees, civil actions; authorized onlyby legislative enactment; prosecuting attorneys' training fund; indigents'defense services fund.(a) The docket fee prescribed by K.S.A. 60-2001 and amendments thereto andthe fees for service of process, shall be the only costs assessed for servicesof the clerk of the district court and the sheriff in any case filed underchapter 60 or chapter 61 of the Kansas Statutes Annotated, and amendmentsthereto, except that no fee shall be charged for an action filed under K.S.A.60-3101 et seq., and under K.S.A. 60-31a01 et seq., and amendments thereto. Forservices in other matters in which no other fee is prescribed by statute, thefollowing fees shall be charged and collected by the clerk. Only one fee shallbe charged for each bond, lien or judgment:
1. For filing, entering and releasing a bond, mechanic's lien, notice ofintent to perform, personal property tax judgment or any judgment on whichexecution process cannot be issued .................$14
2. For filing, entering and releasing a judgment of a court of thisstate on which execution or other process can be issued .................$24
3. For a certificate, or for copying or certifying any paper or writ,such fee as shall be prescribed by the district court.
(b) The fees for entries, certificates and other papers required innaturalization cases shall be those prescribed by the federal government and,when collected, shall be disbursed as prescribed by the federal government. Theclerk of the court shall remit to the state treasurer at least monthly allmoneys received from fees prescribed by subsection (a) or (b) or received forany services performed which may be required by law. The state treasurer shalldeposit the remittance in the state treasury and credit the entire amount tothe state general fund.
(c) In actions pursuant to the revised Kansas code for care ofchildren (K.S.A.2009 Supp. 38-2201 et seq. and amendmentsthereto),the revised Kansas juvenile justicecode (K.S.A. 2009 Supp. 38-2301 et seq. andamendments thereto), the act fortreatment of alcoholism (K.S.A. 65-4001 et seq. and amendmentsthereto), the act for treatment of drug abuse (K.S.A. 65-5201 etseq. and amendments thereto) or the care and treatment act for mentallyill persons (K.S.A. 59-2945 et seq. and amendmentsthereto), the clerk shall charge an additional fee of $1 which shall bededucted from the docket fee and credited to the prosecuting attorneys'training fund as provided in K.S.A. 28-170a and amendments thereto.
(d) In actions pursuant to the revised Kansas code for care ofchildren (K.S.A.2009 Supp. 38-2201 et seq. and amendments thereto),the revised Kansas juvenile justicecode (K.S.A. 2009 Supp. 38-2301 et seq. andamendments thereto), the act fortreatment of alcoholism (K.S.A. 65-4001 et seq. and amendmentsthereto), the act for treatment of drug abuse (K.S.A. 65-5201 etseq. and amendments thereto) or the care and treatment act for mentallyill persons (K.S.A. 59-2945 et seq. and amendmentsthereto), the clerk shall charge an additional fee of $.50 which shall bededucted from the docket fee and credited to the indigents' defense servicesfund as provided in K.S.A. 28-172b and amendments thereto.
(e) Except as provided further, the bond, lien or judgment fee established insubsection (a) shall be the only fee collected or moneys in the nature of a feecollected forsuch bond, lien or judgment. Such fee shall only be established by an act ofthe legislature and no other authority is established by law or otherwise tocollect a fee. On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per bond, lien or judgmentfee, to fund the costs of non-judicial personnel.
History: L. 1943, ch. 162, § 15;L. 1949, ch. 260, § 5;L. 1957, ch. 243, § 1;L. 1963, ch. 241, § 1;L. 1974, ch. 168, § 1;L. 1975, ch. 218, § 1;L. 1976, ch. 196, § 1;L. 1977, ch. 145, § 1;L. 1978, ch. 105, § 10;L. 1982, ch. 116, § 5;L. 1983, ch. 140, § 6;L. 1984, ch. 147, § 9;L. 1986, ch. 217, § 4;L. 1986, ch. 211, § 30;L. 1986, ch. 145, § 1;L. 1987, ch. 134, § 3;L. 1996, ch. 167, § 47;L. 1997, ch. 156, § 40;L. 2004, ch. 118, § 5;L. 2006, ch. 215, § 6;L. 2007, ch. 195, § 15;L. 2008, ch. 95, § 7;L. 2009, ch. 116, § 14; July 1.