State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16195

38-2215

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2215.   Docket fee and expenses.(a) Docket fee. The docket fee for proceedings under this code, ifone is assessed as provided in this section, shall be $34.Only one docket fee shall be assessed in each case.Except as provided further, the docket fee established in thissectionshall be the only fee collected or moneys in the nature of a fee collected forthe docket fee. Such fee shall only be established by an act of the legislatureand no other authority is established by law or otherwise to collect a fee.On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per docketfee, to fund thecostsofnon-judicial personnel.

      (b)   Expenses. The expenses for proceedings under this code,including fees and mileageallowed witnesses and fees and expenses approved by the court for appointedattorneys, shall be paidby the board of county commissioners from the general fund of the county.

      (c)   Assessment of docket fee and expenses. (1) Docketfee. The docket fee may be assessedor waived by the court conducting the initial dispositional hearing and thedocket fee may beassessed against the complaining witness or person initiating the proceedingsor a party or interestedparty other than the state, a political subdivision of the state, an agency ofthe state or of a politicalsubdivision of the state, or a person acting in the capacity of an employee ofthe state or of a politicalsubdivision of the state. Any docket fee received shall be remitted to thestate treasurer pursuant toK.S.A. 20-362, and amendments thereto.

      (2)   Expenses. Expenses may be assessed against the complainingwitness, a person initiatingthe proceedings, a party or an interested party, other than the state, apoliticalsubdivision of the state, anagency of the state or of a political subdivision of the state or a personacting in the capacity of anemployee of the state or of a political subdivision of the state. Whenexpenses are recovered from a person against whom they have been assessed thegeneral fund of the county shall be reimbursed inthe amount of the recovery. If it appears to the court in any proceedingsunder this code thatexpenses were unreasonably incurred at the request of any party the court mayassess that portionof the expenses against the party.

      (d)   Cases in which venue is transferred. If venue is transferredfrom one county to another,the court from which the case is transferred shall send to the receiving courta statement of expensespaid from the general fund of the sending county. If the receiving courtcollects any of the expensesowed in the case, the receiving court shall pay to the sending court an amountproportional to thesending court's share of the total expenses owed to both counties. Theexpenses of the sendingcounty shall not be an obligation of the receiving county except to the extentthat the sendingcounty's proportion of the expenses is collected by the receiving court. Allamounts collected shallfirst be applied toward payment of the docket fee.

      History:   L. 2006, ch. 200, § 10;L. 2008, ch. 95, § 9;L. 2009, ch. 116, § 17; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16195

38-2215

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2215.   Docket fee and expenses.(a) Docket fee. The docket fee for proceedings under this code, ifone is assessed as provided in this section, shall be $34.Only one docket fee shall be assessed in each case.Except as provided further, the docket fee established in thissectionshall be the only fee collected or moneys in the nature of a fee collected forthe docket fee. Such fee shall only be established by an act of the legislatureand no other authority is established by law or otherwise to collect a fee.On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per docketfee, to fund thecostsofnon-judicial personnel.

      (b)   Expenses. The expenses for proceedings under this code,including fees and mileageallowed witnesses and fees and expenses approved by the court for appointedattorneys, shall be paidby the board of county commissioners from the general fund of the county.

      (c)   Assessment of docket fee and expenses. (1) Docketfee. The docket fee may be assessedor waived by the court conducting the initial dispositional hearing and thedocket fee may beassessed against the complaining witness or person initiating the proceedingsor a party or interestedparty other than the state, a political subdivision of the state, an agency ofthe state or of a politicalsubdivision of the state, or a person acting in the capacity of an employee ofthe state or of a politicalsubdivision of the state. Any docket fee received shall be remitted to thestate treasurer pursuant toK.S.A. 20-362, and amendments thereto.

      (2)   Expenses. Expenses may be assessed against the complainingwitness, a person initiatingthe proceedings, a party or an interested party, other than the state, apoliticalsubdivision of the state, anagency of the state or of a political subdivision of the state or a personacting in the capacity of anemployee of the state or of a political subdivision of the state. Whenexpenses are recovered from a person against whom they have been assessed thegeneral fund of the county shall be reimbursed inthe amount of the recovery. If it appears to the court in any proceedingsunder this code thatexpenses were unreasonably incurred at the request of any party the court mayassess that portionof the expenses against the party.

      (d)   Cases in which venue is transferred. If venue is transferredfrom one county to another,the court from which the case is transferred shall send to the receiving courta statement of expensespaid from the general fund of the sending county. If the receiving courtcollects any of the expensesowed in the case, the receiving court shall pay to the sending court an amountproportional to thesending court's share of the total expenses owed to both counties. Theexpenses of the sendingcounty shall not be an obligation of the receiving county except to the extentthat the sendingcounty's proportion of the expenses is collected by the receiving court. Allamounts collected shallfirst be applied toward payment of the docket fee.

      History:   L. 2006, ch. 200, § 10;L. 2008, ch. 95, § 9;L. 2009, ch. 116, § 17; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16195

38-2215

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2215.   Docket fee and expenses.(a) Docket fee. The docket fee for proceedings under this code, ifone is assessed as provided in this section, shall be $34.Only one docket fee shall be assessed in each case.Except as provided further, the docket fee established in thissectionshall be the only fee collected or moneys in the nature of a fee collected forthe docket fee. Such fee shall only be established by an act of the legislatureand no other authority is established by law or otherwise to collect a fee.On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per docketfee, to fund thecostsofnon-judicial personnel.

      (b)   Expenses. The expenses for proceedings under this code,including fees and mileageallowed witnesses and fees and expenses approved by the court for appointedattorneys, shall be paidby the board of county commissioners from the general fund of the county.

      (c)   Assessment of docket fee and expenses. (1) Docketfee. The docket fee may be assessedor waived by the court conducting the initial dispositional hearing and thedocket fee may beassessed against the complaining witness or person initiating the proceedingsor a party or interestedparty other than the state, a political subdivision of the state, an agency ofthe state or of a politicalsubdivision of the state, or a person acting in the capacity of an employee ofthe state or of a politicalsubdivision of the state. Any docket fee received shall be remitted to thestate treasurer pursuant toK.S.A. 20-362, and amendments thereto.

      (2)   Expenses. Expenses may be assessed against the complainingwitness, a person initiatingthe proceedings, a party or an interested party, other than the state, apoliticalsubdivision of the state, anagency of the state or of a political subdivision of the state or a personacting in the capacity of anemployee of the state or of a political subdivision of the state. Whenexpenses are recovered from a person against whom they have been assessed thegeneral fund of the county shall be reimbursed inthe amount of the recovery. If it appears to the court in any proceedingsunder this code thatexpenses were unreasonably incurred at the request of any party the court mayassess that portionof the expenses against the party.

      (d)   Cases in which venue is transferred. If venue is transferredfrom one county to another,the court from which the case is transferred shall send to the receiving courta statement of expensespaid from the general fund of the sending county. If the receiving courtcollects any of the expensesowed in the case, the receiving court shall pay to the sending court an amountproportional to thesending court's share of the total expenses owed to both counties. Theexpenses of the sendingcounty shall not be an obligation of the receiving county except to the extentthat the sendingcounty's proportion of the expenses is collected by the receiving court. Allamounts collected shallfirst be applied toward payment of the docket fee.

      History:   L. 2006, ch. 200, § 10;L. 2008, ch. 95, § 9;L. 2009, ch. 116, § 17; July 1.