19-101e. Enforcement of resolutions; costs; witness fees and mileage; disposition of fines and penalties.
19-101e
19-101e. Enforcement of resolutions; costs;
witness fees and mileage; disposition of fines and penalties.
(a) Except as provided in subsections (b) and (d) and
in K.S.A. 19-4707 and amendments thereto, the items
allowable as costs
shall be the same as in cases for misdemeanor violations of state law
and shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, and
amendments thereto.
(b) The fees and mileage for the attendance of witnesses shall be
borne by the party calling the witness, except that if an accused person
is found not guilty, the county shall pay all such expenses, but the
court may direct that fees and mileage of witnesses subpoenaed by the
accused person be charged against such person, if the court finds that
there has been an abuse of the use of subpoenas by the accused person.
(c) All fines and penalties collected in actions for the enforcement
of county codes and resolutions pursuant to the code for the enforcement of
county
codes and resolutions as provided in subsection (b) of K.S.A. 19-101d and
amendments thereto shall
be paid over to the county treasurer of the county where they are imposed
for deposit in the county general fund or in the special law enforcement
fund, if established.
All fines and penalties collected in actions brought pursuant to the
provisions of subsection (a) of K.S.A. 19-101d and amendments thereto shall
be remitted to the state treasurer, as provided in K.S.A. 20-2801 and
amendments thereto.
(d) In each county
which has created a county court for enforcement of county codes and
resolutions as provided in subsection (b) of K.S.A. 19-101d and
amendments thereto,
the court shall assess additional court costs of
$20 for each violation of a resolution.
The judge or clerk of the
county court shall remit at least monthly to the state treasurer $2 of the
additional court costs. The
state treasurer shall deposit the entire amount
of the remittance in the state treasury and credit 50% to the protection from
abuse fund established pursuant to K.S.A. 74-7325 and amendments thereto and
50% to the crime victims
assistance fund established pursuant to K.S.A. 74-7334 and amendments
thereto. The remaining additional court costs shall be paid over to the
county treasurer of the county where they are imposed for deposit in the county
general fund.
History: L. 1976, ch. 149, § 2;
L. 1976, ch. 150, § 2;
L. 1977, ch. 112, § 1;
L. 1978, ch. 105, § 3;
L. 1982, ch. 116, § 1;
L. 1988, ch. 102, § 2;
L. 1994, ch. 335, § 2;
L. 1996, ch. 234, § 7;
L. 2002, ch. 199, § 2; July 1.