Kansas Statutes

Chapter 28: Fees And Salaries

Article 1: Fees In All Counties And Salaries In Certain Counties

Statutes:

• 28-101: Prescription of fees and compensation.
• 28-101a:
• 28-101b:
• 28-102:
• 28-102a:
• 28-102b:
• 28-102c:
• 28-103: County clerks; fees for services.
• 28-104: Fees to be charged by all county treasurers.
• 28-105:
• 28-105a:
• 28-105b:
• 28-105c:
• 28-105d:
• 28-105e:
• 28-105f:
• 28-105g:
• 28-105h:
• 28-106:
• 28-106a:
• 28-106b:
• 28-107:
• 28-107a:
• 28-107b: Vehicles for sheriff and deputies; purchase, lease or payment of compensation for use; limitation.
• 28-108:
• 28-109: All sheriffs to make oaths as to care and maintenance of prisoners; desperate characters.
• 28-110: Fees of all sheriffs; expenses, when.
• 28-111:
• 28-112:
• 28-112a:
• 28-113:
• 28-113a:
• 28-113b:
• 28-113c:
• 28-114:
• 28-114a:
• 28-114b:
• 28-114c:
• 28-114d:
• 28-114e:
• 28-115: Fees of register of deeds; monthly billing to internal revenue service; standards for documents to be filed; disposition of fees.
• 28-115a: Register of deeds technology fund.
• 28-116:
• 28-117:
• 28-117a:
• 28-117b:
• 28-117c:
• 28-117d:
• 28-118: Engineer of two or more counties; pro rata payment of salary and expenses.
• 28-119: County engineer; salary, funds payable from; expenses; joint district.
• 28-120:
• 28-121:
• 28-121a:
• 28-121b:
• 28-121c to 28-121f:
• 28-122:
• 28-122a:
• 28-123: Accounting of fees; fee books; delivery.
• 28-123a:
• 28-124: Fees of predecessor in office.
• 28-125: Witness fees and mileage; oath.
• 28-125a:
• 28-126: Certain officials not to receive witness fees.
• 28-127:
• 28-128: Folio defined.
• 28-129: Number of inhabitants.
• 28-130:
• 28-131:
• 28-132:
• 28-133:
• 28-134:
• 28-135:
• 28-136:
• 28-137: Fees for publication of legal notices and legal advertisements in newspapers; proof of publication; taxation and collection in actions or proceedings in court.
• 28-137a:
• 28-137b: Legal notices and advertisements; definitions.
• 28-137c: Legal notices and advertisements; affidavit of publisher; proof of publication.
• 28-138: District court clerk's record of attendance of jurors and witnesses.
• 28-139: Same; statement of attendance of jurors and witnesses in criminal cases for which county is liable.
• 28-140:
• 28-141: Proof and collection of fees paid in civil action.
• 28-142: Bill for fees or costs.
• 28-143: Receipt for fees paid.
• 28-144:
• 28-145: Duty of officer collecting costs on execution.
• 28-146:
• 28-147: No fees for constructive service or mileage.
• 28-148: Fees to be uniform in state.
• 28-149:
• 28-149a:
• 28-149b:
• 28-150: Payment of fees by county in criminal cases; jury fees in civil and criminal cases.
• 28-151:
• 28-152: Process fees, return required.
• 28-153: Fees not due until services performed.
• 28-154:
• 28-155:
• 28-156:
• 28-157:
• 28-157a:
• 28-157b:
• 28-157c, 28-157d:
• 28-157e, 28-157f:
• 28-158:
• 28-159:
• 28-159a:
• 28-160:
• 28-161:
• 28-162:
• 28-163:
• 28-164:
• 28-165:
• 28-166:
• 28-166a:
• 28-167: Allowance for assistance, deputies, clerical and stenographic hire in certain counties.
• 28-168: Same; monthly payment of salaries.
• 28-169: Same; allowance of traveling expenses and mileage.
• 28-170: Court fees, civil actions; authorized only by legislative enactment; prosecuting attorneys' training fund; indigents' defense services fund.
• 28-170a: Prosecuting attorneys' training fund; fees.
• 28-170b:
• 28-170c:
• 28-170d:
• 28-170e:
• 28-171:
• 28-172:
• 28-172a: Docket fee in criminal proceedings; fees and charges in other actions involving violations of state laws; authorized only by legislative enactment.
• 28-172b: Indigents' defense services fund.
• 28-172c:
• 28-172d:
• 28-172e:
• 28-172f:
• 28-173:
• 28-173a:
• 28-174:
• 28-175: Disposition of fees and compensation not authorized to be retained by officers and employees.
• 28-176: Laboratory analysis fee charged as separate court costs in certain cases; use of proceeds.
• 28-177: Court procedures; fees; authorized only by legislative enactment.

• 28-101: Prescription of fees and compensation. That the officers and persons herein mentioned except in counties having a population of 90,000 or over, shall be entitled to receive for their services the fees and compensation herein allowed and no other, except such as may be otherwise provided by law.

        History:   L. 1913, ch. 197, § 1; July 1; R.S. 1923, 28-101.

• 28-101a:

        History:   L. 1939, ch. 193, § 1; Repealed, L. 1951, ch. 271, § 1; June 30.

• 28-101b:

        History:   L. 1941, ch. 237, § 1; Repealed, L. 1951, ch. 271, § 1; June 30.

• 28-102:

        History:   L. 1913, ch. 197, § 2; L. 1915, ch. 220, § 1; L. 1915, ch. 221, § 1; L. 1919, ch. 196, § 1; R.S. 1923, 28-102; L. 1927, ch. 207, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-102a:

        History:   L. 1929, ch. 190, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-102b:

        History:   L. 1939, ch. 193, § 3; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-102c:

        History:   L. 1939, ch. 193, § 4; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-103: County clerks; fees for services. The county clerk in each county shall collect from the party requiring such clerk's services for the use of the county the following fees: For recording any mark or brand and giving certificates for the same, twenty-five cents; for recording each certificate of strays and forwarding a description of the same, as provided by law, fifty cents; certificate and seal when the same is required by law to be made by the county clerk, fifty cents; taking and certifying affidavits, except upon claims against the county, twenty-five cents. Fees for providing access to or copies of public records shall be collected by the county clerk in accordance with a schedule prepared pursuant to subsection (c) of K.S.A. 45-219, and amendments thereto. For any other services for which a fee is now provided by law, the county clerk shall charge such fee as is provided in such law for such services, but in no case shall any of the above fees be charged to the county. The fees collected by the county clerks of the respective counties, as hereinbefore specified, shall be covered into the county treasury, which shall become part of the general fund of the county.

        History:   L. 1913, ch. 197, § 4; R.S. 1923, 28-103; L. 1949, ch. 260, § 1; L. 1968, ch. 165, § 1; L. 1987, ch. 133, § 1; July 1.

• 28-104: Fees to be charged by all county treasurers. The county treasurer in each county shall charge the following fees: For issuing warrants for the collection of taxes on personal property, $2; for preparing a list of land for the printer to be printed, $1 for each tract advertised. In no case shall any of such fees be charged to the county.

        History:   L. 1913, ch. 197, § 3; R.S. 1923, 28-104; L. 1949, ch. 260, § 2; L. 1982, ch. 164, § 1; July 1.

• 28-105:

        History:   R.S. 1923, 28-105; L. 1937, ch. 234, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-105a:

        History:   L. 1927, ch. 211, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-105b:

        History:   L. 1929, ch. 186, § 1; L. 1937, ch. 235, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-105c:

        History:   L. 1929, ch. 187, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-105d:

        History:   L. 1931, ch. 167, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-105e:

        History:   L. 1939, ch. 193, § 8; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-105f:

        History:   L. 1941, ch. 239, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-105g:

        History:   L. 1941, ch. 238, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-105h:

        History:   L. 1941, ch. 237, § 2; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-106:

        History:   L. 1913, ch. 197, § 8; L. 1915, ch. 222, § 1; L. 1917, ch. 192, § 1; L. 1919, ch. 200, § 1; L. 1921, ch. 186, § 1; R.S. 1923, 28-106; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-106a:

        History:   L. 1925, ch. 168; § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-106b:

        History:   L. 1939, ch. 193, § 7; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-107:

        History:   L. 1913, ch. 197, § 9; R.S. 1923, 28-107; L. 1933, ch. 185, § 1; L. 1939, ch. 189, § 1; L. 1949, ch. 261, § 1; L. 1963, ch. 235, § 1; Repealed, L. 1980, ch. 117, § 1; July 1.

• 28-107a:

        History:   L. 1943, ch. 139, § 1; Repealed, L. 1963, ch. 236, § 2; April 22.

• 28-107b: Vehicles for sheriff and deputies; purchase, lease or payment of compensation for use; limitation. The board of county commissioners of any county may make provision for automobiles, motorcycles or other vehicles necessary for the sheriff and his deputies for the proper discharge of their duties. For the purpose of carrying out the provisions of this section the board of county commissioners may either purchase or lease and finance the operation and maintenance of such vehicles or may authorize the use of private vehicles for such purpose and provide compensation therefor by the payment of mileage as provided by law. No mileage shall be paid to any officer for travel made in any vehicle owned or furnished by the county.

        History:   L. 1963, ch. 236, § 1; April 22.

• 28-108:

        History:   L. 1913, ch. 197, § 10; R.S. 1923, 28-108; Repealed, L. 1980, ch. 117, § 1; July 1.

• 28-109: All sheriffs to make oaths as to care and maintenance of prisoners; desperate characters. Before any sheriff shall be allowed and paid any part of the fees provided by law for the care and maintenance of any prisoner, such officer shall make an oath and attach the same to the bill therefor presented to the board of county commissioners to the effect that said prisoners were kept in a cleanly manner, provided with clean beds, pillows, wholesome food, pure water and plenty of it, and that such were fed at a clean table, in suitable, proper dishes: Provided further, That in case of desperate characters, they may be fed in their cells, at the discretion of the sheriff.

        History:   L. 1913, ch. 197, § 11; July 1; R.S. 1923, 28-109.

• 28-110: Fees of all sheriffs; expenses, when. The sheriff of each county in the state shall charge the following fees for the services required by law to be performed by them:
  

  ---

  Serving or executing and returning any writ, process, order or notice, including a copy of the same, whenever a copy is required by law, except as otherwise provided, for the first person.................$5.00

  Serving warrants and making return thereof.................1.00

  Making arrests as law enforcement officer.................1.00

  Serving order of attachment, arrest or replevin and returning same.................2.00

  Making levy under execution.................2.00

  Appraisement of property.................2.00

  Return of "no property found".................2.00

  Approving and returning undertaking bond or recognizance.................1.00

  Advertising property for sale.................2.00

  Offering for sale or selling property.................2.50

  Taking inventory of personal property, each day.................10.00

  Sheriff's deed and acknowledgment, to be paid out of the proceeds of the sale of real estate conveyed.................5.00

  Issuing certificates of sale and recording same.................2.00

  Summoning talesman, each ..................50

  The sheriff shall charge, for witnesses whose attendance is procured under attachment and who are unable to pay their fare, actual expenses and mileage in an amount set in accordance with K.S.A. 75-3203a, and amendments thereto, and rules and regulations adopted pursuant thereto. If the writ, process, order or notice contains the names of more than one person, no fee shall be taxed or allowed and no person shall be required to pay any fee unless at the time of making returns the sheriff makes and files with the returns, or as a part thereof, a statement showing the service on the first person named by the sheriff and the service on the second person named by the sheriff and so on for each person served. If more than one process is served in the same case or on the same person, not requiring more than one journey from the office, the sheriff shall charge a fee for one service only. If more than one process for the same person, or in the same case, is issued and is in the hands of the sheriff at one time, it shall be the duty of the sheriff to make service of the processes, if possible, on the one trip. Where service is not affected or timely return made pursuant to K.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be taxed or allowed on subsequent alias, writ, process, order or notice as required to effect service and the return of service. Except as provided by K.S.A. 19-269, and amendments thereto, the sheriff shall be reimbursed for the necessary transportation and board expenses incurred while serving under requisition made by the governor. All fees charged by the sheriff pursuant to this section for the same case may be paid by a single check, money order or other form of payment at the discretion of the person making such payment. The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, are hereby exempt, in any civil action in which such state or municipality is involved, from paying service of process fees prescribed herein.

        History:   L. 1913, ch. 197, § 12; R.S. 1923, 28-110; L. 1937, ch. 229, § 1; L. 1943, ch. 162, § 17; L. 1949, ch. 260, § 3; L. 1965, ch. 256, § 1; L. 1983, ch. 128, § 1; L. 1990, ch. 132, § 1; L. 2004, ch. 118, § 4; L. 2005, ch. 125, § 1; L. 2006, ch. 195, § 13; July 1.

• 28-111:

        History:   L. 1913, ch. 197, § 30; R.S. 1923, 28-111; L. 1961, ch. 131, § 2; L. 1963, ch. 166, § 4; Repealed, L. 1993, ch. 214, § 19; July 1.

• 28-112:

        History:   R.S. 1923, 28-112; Repealed, L. 1951, ch. 271, § 1; June 30.

• 28-112a:

        History:   L. 1953, ch. 144, § 2; Repealed, L. 1965, ch. 164, § 20; June 30.

• 28-113:

        History:   R.S. 1923, 28-113; L. 1925, ch. 165, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-113a:

        History:   L. 1937, ch. 231, § 2; Repealed, L. 1976, ch. 146, § 48; Jan. 10, 1977.

• 28-113b:

        History:   L. 1937, ch. 202, § 1; L. 1965, ch. 256, § 2; Repealed, L. 1976, ch. 146, § 48; Jan. 10, 1977.

• 28-113c:

        History:   L. 1939, ch. 193, § 6; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-114:

        History:   R.S. 1923, 28-114; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-114a:

        History:   L. 1927, ch. 212, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-114b:

        History:   L. 1927, ch. 212, § 2; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-114c:

        History:   L. 1929, ch. 189, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-114d:

        History:   L. 1939, ch. 193, § 5; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-114e:

        History:   L. 1941, ch. 237, § 3; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-115: Fees of register of deeds; monthly billing to internal revenue service; standards for documents to be filed; disposition of fees. (a) The register of deeds of each county shall charge and collect the following fees:
  

  ---

  For recording deeds, mortgages or other instruments of writing, for first page, not to exceed legal size page--8 ½" x 14".................$6.00

  For second page and each additional page or fraction thereof.................2.00

  Recording town plats, for each page.................20.00

  Recording release or assignment of real estate mortgage.................5.00

  Certificate, certifying any instrument on record.................1.00

  Acknowledgment of a signature..................50

  For filing notices of tax liens under the internal revenue laws of the United States.................5.00

  For filing releases of tax liens, certificates of discharge, under the internal revenue laws of the United States or the revenue laws of the state of Kansas .................5.00

  For filing liens for materials and services under K.S.A. 58-201, and amendments thereto.................5.00

        (b)   In addition to the fees required to be charged and collected pursuant to subsection (a), the register of deeds shall charge and collect an additional fee of $2 per page for recording:

        (1)   The first page of any deeds, mortgages or other instruments of writing, not to exceed legal size--8 ½" x 14";

        (2)   the second page and each additional page or fraction of any deeds, mortgages or instruments of writing; and

        (3)   a release or assignment of real estate mortgage.

        Any fees collected pursuant to this subsection shall be paid by the register of deeds to the county treasurer. The county treasurer shall deposit such funds in the register of deeds technology fund as provided by K.S.A. 2007 Supp. 28-115a, and amendments thereto.

        (c)   For any filing or service provided for in the uniform commercial code, the amount therein provided, shall be charged and collected. No fee shall be charged or collected for any filing made by the department of revenue as required under the provisions of the Kansas inheritance tax act, and amendments thereto.

        (d)   If the name or names of the signer or signers or any notary public to any instrument to be recorded are not plainly typed or printed under the signatures affixed to the instrument, the register of deeds shall charge and collect a fee of $1 in addition to all other fees provided in this section.

        (e)   If sufficient space is not provided for the necessary recording information and certification on a document, such recording information shall be placed on an added sheet and such sheet shall be counted as a page. The document shall be of sufficient legibility so as to produce a clear and legible reproduction thereof. If a document is judged not to be of sufficient legibility so as to produce a clear and legible reproduction, such document shall be accompanied by an exact copy thereof which shall be of sufficient legibility so as to produce a clear and legible reproduction thereof and which shall be recorded contemporaneously with the document and shall be counted as additional pages. The register of deeds may reject any document which is not of sufficient legibility so as to produce a clear and legible reproduction thereof.

        (f)   Any document which was filed on or after January 1, 1989, which was of a size print or type smaller than 8-point type but which otherwise was properly filed shall be deemed to be validly filed.

        (g)   All fees required to be collected pursuant to this section, except those charged for the filing of liens and releases of tax liens under the internal revenue laws of the United States, shall be due and payable before the register of deeds shall be required to do the work. If the register of deeds fails to collect any of the fees provided in this section, the amount of the fees at the end of each quarter shall be deducted from the register's salary.

        (h)   Except as otherwise provided by subsection (b), all fees required to be collected pursuant to this section shall be paid by the register of deeds to the county treasurer and deposited into the general fund of the county.

        History:   L. 1913, ch. 197, § 15; R.S. 1923, 28-115; L. 1949, ch. 260, § 4; L. 1955, ch. 214, § 1; L. 1959, ch. 184, § 1; L. 1965, ch. 564, § 401; L. 1967, ch. 215, § 1; L. 1970, ch. 148, § 1; L. 1973, ch. 174, § 1; L. 1976, ch. 194, § 1; L. 1979, ch. 316, § 13; L. 1983, ch. 129, § 1; L. 1988, ch. 125, § 1; L. 1989, ch. 114, § 1; L. 2002, ch. 98, § 1; July 1.

• 28-115a: Register of deeds technology fund. (a) There is hereby created in each county a register of deeds technology fund.

        (b)   Upon receipt thereof, the county treasurer shall credit to the register of deeds technology fund of the county all moneys attributable to the fees collected pursuant to subsection (b) of K.S.A. 28-115, and amendments thereto.

        (c)   Moneys in the register of deeds technology fund shall be used by the register of deeds to acquire equipment and technological services for the storing, recording, archiving, retrieving, maintaining and handling of data recorded or stored in the office of the register of deeds.

        (d)   Moneys in such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In making the budget of the county, the amounts credited to, and the amount on hand in, such special fund and the amount expended from such fund shall be shown on the budget for the information of the taxpayers of the county. Any action taken by the register of deeds under this subsection shall be in accordance with K.S.A. 19-1202, and amendments thereto.

        (e)   Moneys in such fund may be invested in accordance with the provisions of K.S.A. 10-131, and amendments thereto, with interest thereon credited to such fund.

        (f)   The fund shall be administered by the county treasurer who shall pay out moneys from the fund upon orders signed by the register of deeds.

        (g)   At the end of any calendar year, if the balance in such fund exceeds $50,000 and the register of deeds indicates that such amount in excess of $50,000 shall not be needed and is not designated for technology, the county commission may authorize the transfer and use of such excess moneys by other county offices for equipment or technological services relating to the land or property records filed or maintained by the county.

        (h)   If a charter form of government is adopted and implemented pursuant to K.S.A. 19-2680 et seq., and amendments thereto, the provisions of this section shall apply to the official, department or office which performs the duties and functions prescribed for the office of the register of deeds.

        History:   L. 2002, ch. 98, § 2; July 1.

• 28-116:

        History:   L. 1913, ch. 197, § 5; L. 1917, ch. 191, § 1; L. 1919, ch. 201, § 1; R.S. 1923, 28-116; L. 1937, ch. 236, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-117:

        History:   R.S. 1923, 28-117; L. 1925, ch. 166, § 1; L. 1941, ch. 232, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-117a:

        History:   L. 1927, ch. 213, § 1; L. 1937, ch. 230, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-117b:

        History:   L. 1929, ch. 188, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-117c:

        History:   L. 1931, ch. 189, § 1; L. 1937, ch. 231, § 1; L. 1943, ch. 150, § 2; Repealed, L. 1976, ch. 146, § 48; Jan. 10, 1977.

• 28-117d:

        History:   L. 1939, ch. 193, § 9; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-118: Engineer of two or more counties; pro rata payment of salary and expenses. That when two or more counties unite and form a county engineer district and jointly employ a county engineer, in compliance with this act, the salary and expense of such engineer and his assistants shall be paid by the counties in the district and the amount each of such counties shall pay shall be agreed, in writing, by the boards of county commissioners of the several counties in the district. In agreeing as to the pro rata share to be paid by each county, the several boards of county commissioners shall consider the engineering services probably required by each of such counties and such consideration shall include the following factors with respect to each of such counties: (a) area, (b) mileage of county roads, (c) number of watercourses, (d) population, (e) assessed tangible taxable valuation, and (f) the total amount of funds being spent for county roads and bridges.

        History:   L. 1917, ch. 264, § 11; R.S. 1923, 28-118; L. 1965, ch. 257, § 1; July 1.

• 28-119: County engineer; salary, funds payable from; expenses; joint district. That county engineers of the several counties of the state shall be allowed by the board of county commissioners of their respective counties not less than the following salaries, to be paid out of the general fund the same as other county bills are paid or out of the consolidated road and bridge fund: In counties having a population of more than 10,000 and not more than 15,000, $1,300 per annum; in counties having a population of more than 15,000 and not more than 20,000, $1,400 per annum; in counties having a population of more than 20,000 and not more than 25,000, $1,600 per annum; in counties having a population of more than 25,000 and not more than 30,000, $1,800 per annum; in counties having a population of more than 30,000, $2,000 per annum: Provided, That in counties having a population of 10,000 or less the county engineer's salary shall not be less than $1,200 per annum: And provided further, That where two or more counties unite to form a county engineer district the salary shall be determined by the population of the district according to the same schedule and in the same manner as for single counties. The population for the purposes of this act shall be determined from the last returns of the assessors to the county clerks. The board of county commissioners shall in addition pay the county engineer's actual and necessary traveling expenses.

        History:   L. 1917, ch. 264, § 12; L. 1919, ch. 245, § 4; R.S. 1923, 28-119; L. 1953, ch. 203, § 1; June 30.

• 28-120:

        History:   L. 1913, ch. 197, § 26; R.S. 1923, 28-120; L. 1951, ch. 222, § 2; Repealed, L. 1996, ch. 62, § 1; July 1.

• 28-121:

        History:   R.S. 1923, 28-121; L. 1927, ch. 208, § 1; L. 1929, ch. 181, § 1; L. 1937, ch. 232, § 1; L. 1939, ch. 190, § 1; L. 1941, ch. 233, § 1; L. 1943, ch. 162, § 11; L. 1945, ch. 201, § 1; L. 1949, ch. 261, § 2; L. 1953, ch. 204, § 1; L. 1955, ch. 215, § 1; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-121a:

        History:   L. 1939, ch. 193, § 2; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-121b:

        History:   L. 1945, ch. 201, § 2; Repealed, L. 1949, ch. 261, § 12; April 13.

• 28-121c to 28-121f:

        History:   L. 1947, ch. 256, §§ 1 to 4; Repealed, L. 1949, ch. 261, § 12; April 13.

• 28-122:

        History:   L. 1913, ch. 197, § 20; L. 1921, ch. 195, § 1; R.S. 1923, 28-122; L. 1949, ch. 262, § 1; L. 1955, ch. 216, § 1; L. 1965, ch. 256, § 3; Repealed, L. 1971, ch. 176, § 22; July 1.

• 28-122a:

        History:   L. 1927, ch. 218, § 1; Repealed, L. 1955, ch. 216, § 2; June 30.

• 28-123: Accounting of fees; fee books; delivery. The county treasurer, county clerk, sheriff and register of deeds shall each keep a book to be called "fee book" to be provided by the county commissioners. They shall keep a true and accurate account of all fees which they charge and collect, including all notary fees collected by them or their deputy or clerk in any proceeding pending or to become pending, filed or to be filed in their offices. They shall set forth what fees are charged, by whom paid, for what service rendered, to whom payable and the date of such charges, rendition and payment. The book shall be open to public inspection during office hours and, on demand, shall be delivered to the board of county commissioners at any time for their inspection and for audit purposes. The officer shall deliver the book to the officer's successor in office at the time that such term of office expires.

        History:   R.S. 1923, 28-123; L. 1943, ch. 162, § 18; L. 1971, ch. 135, § 1; L. 1972, ch. 150, § 1; L. 1976, ch. 145, § 151; L. 1982, ch. 117, § 3; July 1.

• 28-123a:

        History:   L. 1939, ch. 193, § 11; Repealed, L. 1951, ch. 271, § 1; June 30.

• 28-124: Fees of predecessor in office. All fees charged after the taking effect of this act by any officer herein mentioned shall be collected by his successor or successors in office in the same manner and at the same time he should have collected the same had he remained in office, and such fees so collected shall be reported by the officer collecting the same to the board of county commissioners.

        History:   L. 1913, ch. 197, § 17; July 1; R.S. 1923, 28-124.

• 28-125: Witness fees and mileage; oath. (a) Witnesses shall receive the following fees:

        (1)   For attending before any court or grand jury, or before any judge, referee, or commission, $10 per day;

        (2)   for attending on an inquest, $10;

        (3)   for each mile necessarily and actually traveled in going to and returning from the place of attendance, mileage at the rate prescribed by law if the distance is more than one mile; and

        (4)   in criminal cases, reasonable out-of-pocket expenses for food and lodging expenses if authorized by the appropriate county commission.

        (b)   No witness shall receive per diem or mileage in more than one case covering the same period of time or the same travel, and each witness shall be required to make oath that the fees claimed have not been claimed or received in any other case. No juror shall receive pay as a witness while serving as a juror.

        (c)   Witnesses shall be entitled to receive, for attending before any attorney general, county attorney or assistant attorney general, under any provision authorizing the officers to compel the attendance of such witnesses, the sum of $10 per day, together with mileage at the rate prescribed by law for each mile necessarily traveled in going to and returning from the place of attendance.

        (d)   Witness fees shall be paid by the board of county commissioners where the violation of the law being investigated is alleged to have occurred.

        History:   L. 1913, ch. 197, § 18; R.S. 1923, 28-125; L. 1961, ch. 211, § 1; L. 1965, ch. 256, § 4; L. 1973, ch. 134, § 31; L. 1982, ch. 165, § 1; L. 1982, ch. 163, § 1; L. 1990, ch. 133, § 1; July 1.

• 28-125a:

        History:   L. 1927, ch. 218, § 2; Repealed, L. 1955, ch. 216, § 2; June 30.

• 28-126: Certain officials not to receive witness fees. No person holding any office or appointment under any county, city or other municipality shall be paid any witness fees in any case whatsoever when such person is a witness for the state of Kansas, county, city or other municipality when such state, county, city or other municipality is a party to said suit; nor shall any sheriff or his undersheriff or deputies while attending court as an officer, claim or be paid any witness fees in such cases: Provided, That this act shall not apply where such witness is required to attend court at a place other than where he resides or is employed, nor shall it apply to any such witness who is not a regularly employed and salaried officer or employee of any such county, city or other municipality.

        History:   L. 1913, ch. 197, § 19; R.S. 1923, 28-126; L. 1974, ch. 446, § 12; L. 1974, ch. 169, § 1; July 1.

• 28-127:

        History:   L. 1913, ch. 197, § 22; R.S. 1923, 28-127; L. 1957, ch. 209, § 2; L. 1973, ch. 134, § 32; Repealed, L. 1978, ch. 105, § 29; Jan. 1, 1979.

• 28-128: Folio defined. A folio shall consist of one hundred words, and two figures shall be counted as one word.

        History:   L. 1913, ch. 197, § 23; July 1; R.S. 1923, 28-128.

• 28-129: Number of inhabitants. The number of inhabitants shall be determined for the purposes of this act from the last returns of the assessors in each year in their respective counties.

        History:   L. 1913, ch. 197, § 24; July 1; R.S. 1923, 28-129.

• 28-130:

        History:   L. 1913, ch. 197, § 25; R.S. 1923, 28-130; Repealed, L. 1976, ch. 195, § 1; July 1.

• 28-131:

        History:   L. 1913, ch. 197, § 27; R.S. 1923, 28-131; Repealed, L. 1976, ch. 237, § 3; July 1.

• 28-132:

        History:   L. 1913, ch. 197, § 28; R.S. 1923, 28-132; L. 1973, ch. 134, § 33; Repealed, L. 1976, ch. 237, § 3; L. 1976, ch. 196, § 5; July 1.

• 28-133:

        History:   L. 1913, ch. 197, § 29; R.S. 1923, 28-133; Repealed, L. 1976, ch. 237, § 3; L. 1976, ch. 196, § 5; July 1.

• 28-134:

        History:   L. 1913, ch. 197, § 31; R.S. 1923, 28-134; Repealed, L. 1967, ch. 216, § 1; July 1.

• 28-135:

        History:   L. 1913, ch. 197, § 32; R.S. 1923, 28-135; L. 1949, ch. 263, § 1; Repealed, L. 1967, ch. 216, § 1; July 1.

• 28-136:

        History:   L. 1913, ch. 197, § 33; R.S. 1923, 28-136; Repealed, L. 1974, ch. 446, § 27; July 1.

• 28-137: Fees for publication of legal notices and legal advertisements in newspapers; proof of publication; taxation and collection in actions or proceedings in court. (a) A newspaper shall charge and receive for publishing a legal advertisement a rate not exceeding the lowest regular classified advertising rate charged by the newspaper to its commercial customers.

        (b)   On or before July 1 of each year, the publisher of each newspaper that publishes any legal advertisement in this state shall file with the county clerk of the county in which the newspaper is located a card showing the newspaper's rates for legal advertisements, which shall be effective for a period of one year from the July 1 on or before which the filing is made.

        (c)   Any contract rates or volume discounts given to commercial customers by the newspaper shall be available to persons or political subdivisions causing publication of legal advertisements, under the same terms and conditions as for commercial advertisements.

        (d)   The classified rate for legal advertisements shall not in any year be increased by more than 15% in excess of the rate for the next preceding year.

        (e)   Proof of the publication of all such notices shall be made in the manner required by law or the order or citation of court or summons, and each such proof of publication shall be accompanied by a verified statement of the fees and charges therefor. The fees and charges of all such publications when made in any action or proceeding in any court of this state shall be taxed as costs and collected in the same manner as other costs in the action or proceeding.

        (f)   Failure to charge rates in accordance with this section shall in no way affect the validity of any official public notice or legal advertisement and shall not subject any such notice or advertisement to legal attack upon such grounds.

        (g)   As used in this section, "legal advertisement" and "political subdivision" have the meanings provided by K.S.A. 28-137b and amendments thereto.

        History:   R.S. 1923, 28-137; L. 1941, ch. 234, § 1; L. 1949, ch. 264, § 1; L. 1959, ch. 185, § 1; L. 1968, ch. 177, § 1; L. 1973, ch. 134, § 34; L. 1980, ch. 118, § 3; L. 1981, ch. 173, § 2; L. 1982, ch. 166, § 4; L. 1989, ch. 115, § 1; July 1.

• 28-137a:

        History:   L. 1974, ch. 170, § 1; Repealed, L. 1980, ch. 118, § 4; July 1.

• 28-137b: Legal notices and advertisements; definitions. As used in K.S.A. 28-137b and 28-137c:

        (a)   "Legal advertisement" means any matter required by law to be published by a political subdivision or as part of a court proceeding in this state.

        (b)   "Political subdivision" means any county, city, township, school district, drainage district, library district, cemetery district, hospital district, community college district or municipal utility.

        History:   L. 1981, ch. 173, § 1; July 1.

• 28-137c: Legal notices and advertisements; affidavit of publisher; proof of publication. When attached to a copy of a legal advertisement, the affidavit of the publisher or proprietor of a newspaper stating that the advertisement has been published in the newspaper and the dates the advertisement was published shall constitute prima facie evidence that publication was made as stated in the affidavit. Proof of the publication shall be made in the manner required by law or by court order, and each such proof shall be accompanied by a verified statement of the fees and charges therefor.

        History:   L. 1981, ch. 173, § 3; July 1.

• 28-138: District court clerk's record of attendance of jurors and witnesses. The clerk of the district court shall keep a record of the attendance of jurors at each term, and of the attendance and fees of witnesses, when claimed during the term.

        History:   L. 1913, ch. 197, § 35; July 1; R.S. 1923, 28-138.

• 28-139: Same; statement of attendance of jurors and witnesses in criminal cases for which county is liable. On a monthly basis, the clerk of the court shall return to the board of county commissioners a statement of the attendance of jurors and their mileage, together with a statement of the attendance and mileage of witnesses in all criminal cases, claimed, and for which the county is liable.

        History:   L. 1913, ch. 197, § 36; R.S. 1923, 28-139; L. 2007, ch. 190, § 8; July 1.

• 28-140:

        History:   L. 1913, ch. 197, § 37; R.S. 1923, 28-140; Repealed, L. 1978, ch. 128, § 3; July 1.

• 28-141: Proof and collection of fees paid in civil action. All fees and sums paid by either party for fees of witnesses and other necessary expenses in any civil action or proceeding shall be proved by the affidavit of the party, or of some person knowing the same to have been paid; and all such fees shall be taxed and collected from the party ordered or adjudged to pay the costs.

        History:   L. 1913, ch. 197, § 38; July 1; R.S. 1923, 28-141.

• 28-142: Bill for fees or costs. Any person liable for any costs or fees shall be entitled to receive, on demand, a certified bill of the same, in which the items of service and the charge thereof shall be specially stated.

        History:   L. 1913, ch. 197, § 39; July 1; R.S. 1923, 28-142.

• 28-143: Receipt for fees paid. Every officer charging fees shall, if required by the person paying them, give him a receipt therefor, setting forth the items and the date of each.

        History:   L. 1913, ch. 197, § 40; July 1; R.S. 1923, 28-143.

• 28-144:

        History:   L. 1913, ch. 197, § 41; R.S. 1923, 28-144; Repealed, L. 1973, ch. 134, § 61; July 1, 1974.

• 28-145: Duty of officer collecting costs on execution. It shall be the duty of the sheriff or other officer collecting costs on execution in this state, after retaining his own fees, to pay the residue of such costs collected to the clerk of the court from which the execution issued and take a receipt therefor.

        History:   L. 1913, ch. 197, § 42; R.S. 1923, 28-145; L. 1974, ch. 446, § 13; July 1.

• 28-146:

        History:   L. 1913, ch. 197, § 43; R.S. 1923, 28-146; L. 1973, ch. 134, § 35; Repealed, L. 1978, ch. 105, § 29; Jan. 1, 1979.

• 28-147: No fees for constructive service or mileage. No officer shall receive any fees for constructive services or mileage in any case.

        History:   L. 1913, ch. 197, § 44; July 1; R.S. 1923, 28-147.

• 28-148: Fees to be uniform in state. All fees provided for in this act shall be the same in each and every other county in the state, thereby making them uniform throughout the state.

        History:   L. 1913, ch. 197, § 45; July 1; R.S. 1923, 28-148.

• 28-149:

        History:   L. 1913, ch. 197, § 46; L. 1919, ch. 197, § 1; R.S. 1923, 28-149; L. 1943, ch. 163, § 1; Repealed, L. 1945, ch. 207, § 3; March 8.

• 28-149a:

        History:   L. 1929, ch. 185, § 1; Repealed, L. 1943, ch. 163, § 2; July 1.

• 28-149b:

        History:   L. 1945, ch. 207, § 1; L. 1949, ch. 265, § 1; L. 1953, ch. 205, § 1; Repealed, L. 1965, ch. 258, § 1; June 30.

• 28-150: Payment of fees by county in criminal cases; jury fees in civil and criminal cases. In all cases where the fees prescribed by this act in criminal cases for the sheriff, clerk and witnesses for the state, are not paid by the defendant or the prosecuting witness, they shall be paid by the county in which the criminal prosecution is instituted: Provided, That no such fees shall be paid by the board of county commissioners until the sheriff shall have filed his affidavit that said fees cannot be collected from any other source. Jury fees in civil and criminal cases shall be paid by the county.

        History:   L. 1913, ch. 197, § 47; R.S. 1923, 28-150; L. 1963, ch. 309, § 1; L. 1973, ch. 134, § 36; L. 1974, ch. 446, § 14; July 1.

• 28-151:

        History:   L. 1913, ch. 197, § 48; R.S. 1923, 28-151; Repealed, L. 1973, ch. 134, § 61; July 1, 1974.

• 28-152: Process fees, return required. No officer serving any process shall be entitled to any fees for the same, unless he return on such process the amount of his fees and the items thereof.

        History:   L. 1913, ch. 197, § 49; July 1; R.S. 1923, 28-152.

• 28-153: Fees not due until services performed. No fees allowed by this act shall be due or demanded until the services for which fees are chargeable shall be performed, except as hereinbefore provided.

        History:   L. 1913, ch. 197; § 50; July 1; R.S. 1923, 28-153.

• 28-154:

        History:   L. 1921, ch. 187, § 1; R.S. 1923, 28-154; L. 1925, ch. 167, § 1; L. 1927, ch. 209, § 1; L. 1929, ch. 182, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-155:

        History:   L. 1917, ch. 131, § 1; R.S. 1923, 28-155; Repealed, L. 1943, ch. 162, § 20; April 1.

• 28-156:

        History:   L. 1939, ch. 193, § 10; Repealed, L. 1951, ch. 271, § 1; June 30.

• 28-157:

        History:   L. 1943, ch. 162, § 1; L. 1945, ch. 202, § 1; L. 1947, ch. 252, § 1; Repealed, L. 1949, ch. 261, § 12; April 13.

• 28-157a:

        History:   L. 1951, ch. 278, § 1; L. 1953, ch. 206, § 1; Repealed, L. 1955, ch. 217, § 3; April 1.

• 28-157b:

        History:   L. 1951, ch. 278, § 2; Repealed, L. 1955, ch. 217, § 3; April 1.

• 28-157c, 28-157d:

        History:   L. 1953, ch. 204, §§ 9, 10; Repealed, L. 1955, ch. 217, § 3; April 1.

• 28-157e, 28-157f:

        History:   L. 1955, ch. 217, §§ 1, 2; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-158:

        History:   L. 1943, ch. 162, § 2; L. 1949, ch. 261, § 3; L. 1953, ch. 204, § 2; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-159:

        History:   L. 1943, ch. 162, § 3; L. 1953, ch. 207, § 1; L. 1963, ch. 237, § 1; L. 1969, ch. 199, § 1; Repealed, L. 1971, ch. 85, § 2; July 1.

• 28-159a:

        History:   L. 1955, ch. 226, § 1; Repealed, L. 1970, ch. 149, § 1; July 1.

• 28-160:

        History:   L. 1943, ch. 162, § 4; L. 1949, ch. 261, § 4; L. 1951, ch. 272, § 1; L. 1953, ch. 204, § 7; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-161:

        History:   L. 1943, ch. 162, § 5; L. 1949, ch. 261, § 5; L. 1953, ch. 204, § 3; L. 1955, ch. 218, § 1; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-162:

        History:   L. 1943, ch. 162, § 6; L. 1945, ch. 203, § 1; L. 1949, ch. 261, § 6; L. 1953, ch. 204, § 4; L. 1955, ch. 219, § 1; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-163:

        History:   L. 1943, ch. 162, § 7; L. 1949, ch. 261, § 7; L. 1953, ch. 208, § 1; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-164:

        History:   L. 1943, ch. 162, § 8; L. 1945, ch. 204, § 1; L. 1949, ch. 261, § 8; L. 1951, ch. 273, § 1; L. 1953, ch. 204, § 8; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-165:

        History:   L. 1943, ch. 162, § 9; L. 1949, ch. 261, § 8; L. 1953, ch. 204, § 5; Repealed, L. 1957, ch. 242, § 15; July 1.

• 28-166:

        History:   L. 1943, ch. 162, § 10; L. 1949, ch. 261, § 10; L. 1953, ch. 209, § 1; L. 1963, ch. 240, § 21; Repealed, L. 1969, ch. 310, § 66; July 1.

• 28-166a:

        History:   L. 1955, ch. 225, § 1; L. 1961, ch. 212, § 1; L. 1965, ch. 259, § 1; Repealed, L. 1969, ch. 310, § 66; July 1.

• 28-167: Allowance for assistance, deputies, clerical and stenographic hire in certain counties. When in any county having a population of not more than one hundred thousand (100,000) it is necessary, the board of county commissioners shall allow such reasonable sums for assistants, deputies, clerical and stenographic hire as may be necessary to properly expedite the business of the offices of the county attorney, county clerk, county treasurer, register of deeds and sheriff.

        History:   L. 1943, ch. 162, § 12; L. 1953, ch. 204, § 6; L. 1976, ch. 145, § 152; L. 1978, ch. 112, § 4; July 1.

• 28-168: Same; monthly payment of salaries. All salaries provided for in this act shall be paid out of the county general fund in equal monthly installments.

        History:   L. 1943, ch. 162, § 13; April 1.

• 28-169: Same; allowance of traveling expenses and mileage. In any county having a population of 80,000 or less, the board of county commissioners shall allow any county officer, deputy or employee his actual and necessary traveling expenses incurred in the performance of his duties and shall allow mileage to any such officer, deputy, or employee at the rate prescribed by law for each mile actually and necessarily traveled in a privately owned vehicle in the performance of his duties.

        History:   L. 1943, ch. 162, § 14; April 1.

• 28-170: Court fees, civil actions; authorized only by legislative enactment; prosecuting attorneys' training fund; indigents' defense services fund. (a) The docket fee prescribed by K.S.A. 60-2001 and amendments thereto and the fees for service of process, shall be the only costs assessed for services of the clerk of the district court and the sheriff in any case filed under chapter 60 or chapter 61 of the Kansas Statutes Annotated, and amendments thereto, 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. For services in other matters in which no other fee is prescribed by statute, the following fees shall be charged and collected by the clerk. Only one fee shall be charged for each bond, lien or judgment:
  

  ---

  1.   For filing, entering and releasing a bond, mechanic's lien, notice of intent to perform, personal property tax judgment or any judgment on which execution process cannot be issued ................. $5

  2.   For filing, entering and releasing a judgment of a court of this state on which execution or other process can be issued ................. $15

  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 in naturalization cases shall be those prescribed by the federal government and, when collected, shall be disbursed as prescribed by the federal government. The clerk of the court shall remit to the state treasurer at least monthly all moneys received from fees prescribed by subsection (a) or (b) or received for any services performed which may be required by law. The state treasurer shall deposit the remittance in the state treasury and credit the entire amount to the state general fund.

        (c)   In actions pursuant to the revised Kansas code for care of children (K.S.A. 2007 Supp. 38-2201 et seq. and amendments thereto), the revised Kansas juvenile justice code (K.S.A. 2007 Supp. 38-2301 et seq. and amendments thereto), the act for treatment of alcoholism (K.S.A. 65-4001 et seq. and amendments thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and amendments thereto) or the care and treatment act for mentally ill persons (K.S.A. 59-2945 et seq. and amendments thereto), the clerk shall charge an additional fee of $1 which shall be deducted 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 of children (K.S.A. 2007 Supp. 38-2201 et seq. and amendments thereto), the revised Kansas juvenile justice code (K.S.A. 2007 Supp. 38-2301 et seq. and amendments thereto), the act for treatment of alcoholism (K.S.A. 65-4001 et seq. and amendments thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and amendments thereto) or the care and treatment act for mentally ill persons (K.S.A. 59-2945 et seq. and amendments thereto), the clerk shall charge an additional fee of $.50 which shall be deducted from the docket fee and credited to the indigents' defense services fund as provided in K.S.A. 28-172b and amendments thereto.

        (e)   The bond, lien or judgment fee established in subsection (a) shall be the only fee collected or moneys in the nature of a fee collected for such bond, lien or judgment. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee.

        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; July 1.

• 28-170a: Prosecuting attorneys' training fund; fees. (a) There is hereby established a prosecuting attorneys' training fund. The clerk of the district court shall charge a fee of $1 in each criminal case, to be deducted from the docket fee as provided in K.S.A. 28-172a and amendments thereto and shall charge a fee of $1 in each case pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code and each mental illness, drug abuse or alcoholism treatment action as provided by subsection (c) of K.S.A. 28-170 and amendments thereto. The clerk of the district court, at least monthly, shall pay all such fees received to the county treasurer who shall credit the same to the prosecuting attorneys' training fund.

        (b)   Expenditures from the prosecuting attorneys' training fund shall be paid by the county treasurer upon the order of the county or district attorney and shall be used exclusively for the training of personnel in such attorney's office and costs related thereto. Annually, on or before March 15, each county and district attorney shall submit to the attorney general and the chairperson of the judiciary committee of each house, an accounting that shows for the preceding year the amount of fees paid into the prosecuting attorneys' training fund, the amounts and purpose of each expenditure from such fund and the balance in such fund on December 31 of the preceding year. The purpose for each expenditure shall specifically identify the person or persons for whom the expenditure was made and, where applicable, the time and place where the training was received. If any expenditure was paid to a nonprofit organization organized in this state of which the county or district attorney is a member, the county or district attorney shall include information on the training received for such expenditure which information shall show the persons receiving the training and the time and place thereof.

        History:   L. 1977, ch. 145, § 3; L. 1982, ch. 182, § 126; L. 1984, ch. 147, § 10; L. 1987, ch. 134, § 4; L. 1996, ch. 229, § 29; L. 2006, ch. 169, § 103; L. 2007, ch. 195, § 16; July 1.

• 28-170b:

        History:   L. 1921, ch. 171, § 4; R.S. 1923, 20-904; L. 1929, ch. 162, § 1; L. 1933, ch. 287, § 9; L. 1935, ch. 150, § 1; L. 1937, ch. 329, § 3; L. 1947, ch. 223, § 1; L. 1951, ch. 249, § 1; L. 1955, ch. 182, § 14; L. 1957, ch. 202, § 1; L. 1961, ch. 178, § 1; L. 1963, ch. 419, § 1; L. 1965, ch. 221, § 1; L. 1967, ch. 176, § 1; L. 1968, ch. 37, § 1; L. 1970, ch. 120, § 1; L. 1972, ch. 153, § 29; L. 1973, ch. 175, § 41; L. 1974, ch. 361, § 10; L. 1976, ch. 146, § 38; L. 1976, ch. 380, § 3; L. 1978, ch. 108, § 11; Repealed, L. 1982, ch. 116, § 14; July 1.

• 28-170c:

        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. 169, § 102; Repealed, L. 2007, ch. 195, § 59; July 1.

• 28-170d:

        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. 200, § 88; Repealed, L. 2007, ch. 195, § 59; July 1.

• 28-170e:

        History:   L. 1977, ch. 145, § 3; L. 1982, ch. 182, § 126; L. 1984, ch. 147, § 10; L. 1987, ch. 134, § 4; L. 1996, ch. 229, § 29; L. 2006, ch. 200, § 89; Repealed, L. 2007, ch. 195, § 59; July 1.

• 28-171:

        History:   L. 1943, ch. 162, § 16; L. 1949, ch. 260, § 6; L. 1957, ch. 244, § 1; L. 1959, ch. 186, § 1; L. 1965, ch. 260, § 1; L. 1969, ch. 200, § 1; L. 1976, ch. 242, § 98; L. 1978, ch. 105, § 11; L. 1982, ch. 116, § 6; L. 1984, ch. 135, § 3; Repealed, L. 1984, ch. 147, § 24; Repealed, L. 1984, ch. 136, § 2; July 1.

• 28-172:

        History:   L. 1949, ch. 260, § 7; Repealed, L. 1974, ch. 168, § 10; July 1.

• 28-172a: Docket fee in criminal proceedings; fees and charges in other actions involving violations of state laws; authorized only by legislative enactment. (a) Except as otherwise provided in this section, whenever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed as follows:

        (1)   On and after July 1, 2006 through June 30, 2010:
  

  ---

  Murder or manslaughter................. $172.50

  Other felony................. 163.00

  Misdemeanor................. 128.00

  Forfeited recognizance................. 64.50

  Appeals from other courts................. 64.50

        (2)   On and after July 1, 2010:
  

  ---

  Murder or manslaughter................. $170.50

  Other felony................. 161.00

  Misdemeanor................. 126.00

  Forfeited recognizance.................62.50

  Appeals from other courts.................62.50

        (b) (1)   Except as provided in paragraph (2), in actions involving the violation of any of the laws of this state regulating traffic on highways (including those listed in subsection (c) of K.S.A. 8-2118, and amendments thereto), a cigarette or tobacco infraction, any act declared a crime pursuant to the statutes contained in chapter 32 of Kansas Statutes Annotated and amendments thereto or any act declared a crime pursuant to the statutes contained in article 8 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, whenever the prosecuting witness or defendant is adjudged to pay the costs in the action, on and after July 1, 2006 through June 30, 2010, a docket fee of $66 shall be charged, and on and after July 1, 2010, a docket fee of $64 shall be charged. When an action is disposed of under subsections (a) and (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393, and amendments thereto, whether by mail or in person, on and after July 1, 2006 through June 30, 2010, the docket fee to be paid as court costs shall be $66, and on and after July 1, 2010, the docket fee to be paid as court costs shall be $64.

        (2)   In actions involving the violation of a moving traffic violation under K.S.A. 8-2118, and amendments thereto, as defined by rules and regulations adopted under K.S.A. 8-249, and amendments thereto, whenever the prosecuting witness or defendant is adjudged to pay the costs in the action, on and after July 1, 2006 through June 30, 2010, a docket fee of $66 shall be charged, and on and after July 1, 2010, a docket fee of $64 shall be charged. When an action is disposed of under subsection (a) and (b) of K.S.A. 8-2118, and amendments thereto, whether by mail or in person, on and after July 1, 2006 through June 30, 2010, the docket fee to be paid as court costs shall be $66, and on and after July 1, 2010, the docket fee to be paid as court costs shall be $64.

        (c)   If a conviction is on more than one count, the docket fee shall be the highest one applicable to any one of the counts. The prosecuting witness or defendant, if assessed the costs, shall pay only one fee. Multiple defendants shall each pay one fee.

        (d)   Statutory charges for law library funds, the law enforcement training center fund, the prosecuting attorneys' training fund, the juvenile detention facilities fund, the judicial branch education fund, the emergency medical services operating fund and the judiciary technology fund shall be paid from the docket fee; the family violence and child abuse and neglect assistance and prevention fund fee shall be paid from criminal proceedings docket fees. All other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute. Additional fees shall include, but are not limited to, fees for Kansas bureau of investigation forensic or laboratory analyses, fees for detention facility processing pursuant to K.S.A. 12-16,119, and amendments thereto, fees for the sexual assault evidence collection kit, fees for conducting an examination of a sexual assault victim, fees for service of process outside the state, witness fees, fees for transcripts and depositions, costs from other courts, doctors' fees and examination and evaluation fees. No sheriff in this state shall charge any district court of this state a fee or mileage for serving any paper or process.

        (e)   In each case charging a violation of the laws relating to parking of motor vehicles on the statehouse grounds or other state-owned or operated property in Shawnee county, Kansas, as specified in K.S.A. 75-4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and amendments thereto, the clerk shall tax a fee of $2 which shall constitute the entire costs in the case, except that witness fees, mileage and expenses incurred in serving a warrant shall be in addition to the fee. Appearance bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amendments thereto, shall be $3, unless a warrant is issued. The judge may order the bond forfeited upon the defendant's failure to appear, and $2 of any bond so forfeited shall be regarded as court costs.

        (f)   The docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee.

        History:   L. 1974, ch. 168, § 9; L. 1975, ch. 218, § 2; L. 1976, ch. 163, § 28; L. 1977, ch. 145, § 2; L. 1982, ch. 167, § 2; L. 1982, ch. 116, § 7; L. 1984, ch. 148, § 2; L. 1984, ch. 39, § 45; L. 1985, ch. 106, § 2; L. 1986, ch. 146, § 3; L. 1987, ch. 134, § 5; L. 1989, ch. 239, § 6; L. 1990, ch. 134, § 1; L. 1992, ch. 315, § 8; L. 1993, ch. 291, § 217; L. 1994, ch. 335, § 5; L. 1996, ch. 214, § 37; L. 1998, ch. 155, § 4; L. 1999, ch. 127, § 11; L. 2000, ch. 177, § 5; L. 2003, ch. 101, § 9; L. 2004, ch. 95, § 2; L. 2006, ch. 195, § 14; L. 2006, ch. 218, § 2; L. 2007, ch. 195, § 17; July 1.

• 28-172b: Indigents' defense services fund. (a) There is hereby established in the state treasury an indigents' defense services fund.

        (b)   The clerk of the district court shall charge a fee of $.50 in each criminal case, to be deducted from the docket fee as provided in K.S.A. 28-172a, and amendments thereto, and shall charge a fee of $.50 in each case pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code and each mental illness, drug abuse or alcoholism treatment action as provided by subsection (d) of K.S.A. 28-170, and amendments thereto. The clerk of the district court shall remit all such fees received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund.

        (c)   Moneys in the indigents' defense services fund shall be used exclusively to provide counsel and related services for indigent defendants. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state board of indigents' defense services or a person designated by the chairperson.

        History:   L. 1987, ch. 134, § 7; L. 1996, ch. 229, § 30; L. 2001, ch. 5, § 94; L. 2006, ch. 169, § 104; L. 2007, ch. 195, § 18; July 1.

• 28-172c:

        History:   L. 1974, ch. 168, § 9; L. 1975, ch. 218, § 2; L. 1976, ch. 163, § 28; L. 1977, ch. 145, § 2; L. 1982, ch. 167, § 2; L. 1982, ch. 116, § 7; L. 1984, ch. 148, § 2; L. 1984, ch. 39, § 45; L. 1985, ch. 106, § 2; L. 1986, ch. 146, § 3; L. 1987, ch. 134, § 5; L. 1989, ch. 239, § 6; L. 1990, ch. 134, § 1; L. 1992, ch. 315, § 8; L. 1993, ch. 291, § 217; L. 1994, ch. 348, § 8; Repealed, L. 1996, ch. 234, § 21; July 1.

• 28-172d:

        History:   L. 1974, ch. 168, § 9; L. 1975, ch. 218, § 2; L. 1976, ch. 163, § 28; L. 1977, ch. 145, § 2; L. 1982, ch. 167, § 2; L. 1982, ch. 116, § 7; L. 1984, ch. 148, § 2; L. 1984, ch. 39, § 45; L. 1985, ch. 106, § 2; L. 1986, ch. 146, § 3; L. 1987, ch. 134, § 5; L. 1989, ch. 239, § 6; L. 1990, ch. 134, § 1; L. 1992, ch. 315, § 8; L. 1993, ch. 291, § 217; L. 1994, ch. 335, § 5; L. 1996, ch. 234, § 10; Repealed, L. 1998, ch. 155, § 5; July 1.

• 28-172e:

        History:   L. 1974, ch. 168, § 9; L. 1975, ch. 218, § 2; L. 1976, ch. 163, § 28; L. 1977, ch. 145, § 2; L. 1982, ch. 167, § 2; L. 1982, ch. 116, § 7; L. 1984, ch. 148, § 2; L. 1984, ch. 39, § 45; L. 1985, ch. 106, § 2; L. 1986, ch. 146, § 3; L. 1987, ch. 134, § 5; L. 1989, ch. 239, § 6; L. 1990, ch. 134, § 1; L. 1992, ch. 315, § 8; L. 1993, ch. 291, § 217; L. 1994, ch. 335, § 5; L. 1996, ch. 214, § 37; L. 1998, ch. 155, § 4; L. 1999, ch. 127, § 11; L. 2000, ch. 177, § 5; L. 2003, ch. 101, § 9; L. 2004, ch. 95, § 2; L. 2006, ch. 215, § 7; Repealed, L. 2007, ch. 195, § 59; July 1.

• 28-172f:

        History:   L. 1987, ch. 134, § 7; L. 1996, ch. 229, § 30; L. 2001, ch. 5, § 94; L. 2006, ch. 200, § 90; Repealed, L. 2007, ch. 195, § 59; July 1.

• 28-173:

        History:   L. 1967, ch. 134, § 1; Repealed, L. 1971, ch. 136, § 18; April 15.

• 28-173a:

        History:   L. 1978, ch. 130, § 18; Repealed, L. 1982, ch. 167, § 3; July 1.

• 28-174:

        History:   L. 1967, ch. 134, § 2; Repealed, L. 1971, ch. 136, § 18; April 15.

• 28-175: Disposition of fees and compensation not authorized to be retained by officers and employees. County officers and employees shall receive no compensation, tips, fees, mileage or salaries, which compensation, tips, fees, mileage or salaries are or shall be paid to such officer or employee directly or indirectly by reason of his or her performance of the duties or obligations of such county office or employment, unless such compensation, tips, fees, mileage or salaries are specifically allowed to them by law. All such compensation, tips, fees, mileage or salaries received, directly or indirectly by them or from their respective offices from any source whatsoever, which compensation, tips, fees, mileage or salaries would not have been received except for such officer's or employee's performance of the duties or obligations of such county office or employment, including all notary fees collected by any officer, deputy or clerk in any proceeding pending or to become pending, filed or to be filed in said office, not specifically authorized to be retained by them, shall be paid over on the first and fifteenth days of each month, or if either of said dates be a Sunday or legal holiday, then on the next secular day, to the county treasurer accompanied by a sworn statement in such form as the board of county commissioners may prescribe, to the effect that all compensation, tips, fees, mileage and salaries collected are correctly set forth therein. All such compensation, tips, fees, mileage and salaries shall be placed by said treasurer to the credit of the county general fund. Any compensation, fees or other income which are specifically authorized by law to be paid to any county officer or employee from public funds of the county may be retained by them. Any officer or employee receiving compensation, tips, fees, mileage or salaries from sources other than public funds of the county which compensation, tips, fees, mileage or salaries would not have been received except for such county officer's or employee's performance of the duties or obligations of his or her office or employment, shall be reported by such officer or employee to the county clerk on or before September 10 and on the 10th day of the month following each quarter year thereafter.

        History:   L. 1968, ch. 266, § 1; L. 1969, ch. 201, § 13; L. 1977, ch. 112, § 14; May 14.

• 28-176: Laboratory analysis fee charged as separate court costs in certain cases; use of proceeds. (a) Any person convicted or diverted, or adjudicated or diverted under a preadjudication program, pursuant to K.S.A. 22-2906 et seq., K.S.A. 2007 Supp. 38-2346 et seq., or 12-4414 et seq., and amendments thereto, of a misdemeanor or felony contained in chapters 21, 41 or 65 of the Kansas Statutes Annotated, or a violation of K.S.A. 8-1567 and amendments thereto, shall pay a separate court cost of: (1) $400 as a Kansas bureau of investigation laboratory analysis fee for each offense if forensic science or laboratory services are rendered or administered by the Kansas bureau of investigation in connection with the case; and (2) $400 for each offense if forensic science or laboratory services are rendered or administered by the Sedgwick county regional forensic science center or the Johnson county sheriff's laboratory.

        (b)   Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.

        (c)   Disbursements from the Kansas bureau of investigation laboratory analysis fee deposited into the forensic laboratory and materials fee fund of the Kansas bureau of investigation shall be made for the following:

        (1)   Providing criminalistic laboratory services;

        (2)   the purchase and maintenance of equipment for use by the laboratory in performing analysis;

        (3)   education, training and scientific development of Kansas bureau of investigation personnel; and

        (4)   the destruction of seized property and chemicals as prescribed in K.S.A. 22-2512 and 60-4117, and amendments thereto.

        (d)   Fees received into this fund shall be supplemental to regular appropriations to the Kansas bureau of investigation.

        (e)   The fee for services rendered or administered by the Sedgwick county regional forensic science center shall be deposited in the Sedgwick county general fund and the fee for services rendered or administered by the Johnson county sheriff's laboratory shall be deposited in the Johnson county general fund and disbursed for the following:

        (1)   Providing criminalistic laboratory services;

        (2)   the purchase and maintenance of equipment for use by the center or laboratory in performing analysis; and

        (3)   education, training and scientific development of the center's or laboratory's personnel.

        History:   L. 1992, ch. 298, § 83; L. 1996, ch. 224, § 6; L. 2000, ch. 32, § 1; L. 2002, ch. 124, § 1; L. 2006, ch. 169, § 105; Jan. 1, 2007.

• 28-177: Court procedures; fees; authorized only by legislative enactment. The fees established by legislative enactment shall be the only fee collected or moneys in the nature of a fee collected for court procedures. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. Court procedures shall include docket fees, filing fees or other fees related to access to court procedures.

        History:   L. 2006, ch. 215, § 1; July 1.