19-2766b.   Same; actions for enforcement of resolutions; costs; fees andmileage forwitnesses; fines and penalties, disposition of.(a) Except as provided in subsection (b), in all actions for theenforcement of resolutions of improvement districts the items allowable ascostsshall be the same as in cases for misdemeanor violations of state lawand shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, andamendments thereto.

      (b)   The fees and mileage for the attendance of witnesses shall beborne by the party calling the witness, except that if an accused personis found not guilty, the improvement district shall pay all such expenses, butthecourt may direct that fees and mileage of witnesses subpoenaed by theaccused person be charged against such person, if the court finds thatthere has been an abuse of the use of subpoenas by the accused person.

      (c)   Except as hereinafter provided, all fines and penalties collected inactions for the enforcement of resolutions adopted by improvementdistricts, as provided in this act and the act of which this act isamendatory, shall be paid over to the county treasurer of the county wherethey are imposed for deposit in the county general fund.The court, when imposing fines and penalties for resolution violations,shall identify violations which also constitute a violation of state law.Those fines and penalties derived from the enforcement of any resolution, aviolation of which would also constitute a violation of state law, shall beremitted to the state treasurer as provided in K.S.A. 20-2801, and amendments thereto.

      History:   L. 1986, ch. 106, § 3; July 1.