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Article 1 Fees in All Counties and Salaries in Certain Counties
§ 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§ 28-101a Repealed
History: L. 1939, ch. 193, § 1; Repealed, L. 1951, ch. 271, § 1; June 30.
§ 28-101b Repealed
History: L. 1941, ch. 237, § 1; Repealed, L. 1951, ch. 271, § 1; June 30.
§ 28-102 Repealed
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§ 2; L. 1915, ch. 220, § 1; L. 1915, ch. 221, § 1; L. 1919, ch. 196, § 1; R.S. 1923, 28-102; L. 1927, ch. 207, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-102a Repealed
History: L. 1929, ch. 190, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-102b Repealed
History: L. 1939, ch. 193, § 3; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-102c Repealed
History: L. 1939, ch. 193, § 4; Repealed, L. 1943, ch. 162, § 20; April 1.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 Repealed
History: R.S. 1923, 28-105; L. 1937, ch. 234, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-105a Repealed
History: L. 1927, ch. 211, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-105b Repealed
History: L. 1929, ch. 186, § 1; L. 1937, ch. 235, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-105c Repealed
History: L. 1929, ch. 187, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-105d Repealed
History: L. 1931, ch. 167, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-105e Repealed
History: L. 1939, ch. 193, § 8; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-105f Repealed
History: L. 1941, ch. 239, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-105g Repealed
History: L. 1941, ch. 238, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-105h Repealed
History: L. 1941, ch. 237, § 2; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-106 Repealed
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 Repealed
History: L. 1925, ch. 168; § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-106b Repealed
History: L. 1939, ch. 193, § 7; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-107 Repealed
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 Repealed
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 Repealed
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 charged by sheriff for service, execution and return of process; procedure; payment; exemption; definition of process
(a) Except as otherwise provided in this section, the sheriff of each Kansas county shall charge a fee of $15 for serving, executing and returning any process, except that no fee shall be charged for serving, executing and returning any process for a proceeding pursuant to the protection from abuse act as described in K.S.A. 60-3104, and amendments thereto, or the protection from stalking, sexual assault and human trafficking act as described in K.S.A. 60-31a04, and amendments thereto, or a similar proceeding based on the laws of another jurisdiction.
(b) Subject to subsection (e), the fee described in subsection (a) shall be charged for serving, executing and returning process, as well as for any unsuccessful attempts to serve, execute or return process.
(c) If more than one process for the same person in the same case is issued and is in the hands of a sheriff at one time, the sheriff shall charge a single fee for serving, executing and returning the processes.
(d) If more than one process for different persons at the same address in the same case is issued and is in the hands of a sheriff at one time, the sheriff shall charge a single fee for serving, executing and returning the processes.
(e) Where return is not made or timely return is not made pursuant to K.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be charged for subsequent processes that may be required to effect service and the timely return of the failed service. However, if service is attempted and return is made showing no service because the person to be served cannot be served at that address or there is no such address, the fee in subsection (a) shall be charged for an alias summons at the same address.
(f) Except as provided by K.S.A. 19-269, and amendments thereto, a sheriff shall be reimbursed for the necessary transportation and board expenses incurred while serving under requisition made by the governor.
(g) All fees charged by a sheriff pursuant to this section for the same case may be paid in one combined payment, in a form designated by the sheriff, such as a check or money order.
(h) 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 by this section.
(i) As used in this section, "process" means any summons, pleading, writ, order or notice issued by a court clerk or court.
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; L. 2012, ch. 151, § 1; L. 2025, ch. 22, § 1; July 1.
§ 28-111 Repealed
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 Repealed
History: R.S. 1923, 28-112; Repealed, L. 1951, ch. 271, § 1; June 30.
§ 28-112a Repealed
History: L. 1953, ch. 144, § 2; Repealed, L. 1965, ch. 164, § 20; June 30.
§ 28-113 Repealed
History: R.S. 1923, 28-113; L. 1925, ch. 165, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-113a Repealed
History: L. 1937, ch. 231, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
§ 28-113b Repealed
History: L. 1937, ch. 202, § 1; L. 1965, ch. 256, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
§ 28-113c Repealed
History: L. 1939, ch. 193, § 6; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-114 Repealed
Revisor's Note: Later act, see 28-167.
History: R.S. 1923, 28-114; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-114a Repealed
History: L. 1927, ch. 212, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-114b Repealed
History: L. 1927, ch. 212, § 2; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-114c Repealed
History: L. 1929, ch. 189, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-114d Repealed
History: L. 1939, ch. 193, § 5; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-114e Repealed
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:
(1) For the following documents received and filed prior to January 1, 2015, the fees shall be:
(A) For recording deeds, mortgages or other instruments of writing, for first page, not to exceed legal size page—8 ½" x 14", a fee of $6;
(B) for second page and each additional page or fraction thereof of deeds, mortgages or other instruments of writing, a fee of $2;
(C) recording town plats, for each page, a fee of $20;
(D) recording release or assignment of real estate mortgages, a fee of $5;
(E) certificate, certifying any instrument on record, a fee of $1;
(F) acknowledgment of a signature, a fee of $.50;
(G) for filing notices of tax liens under the internal revenue laws of the United States, a fee of $5;
(H) for filing releases of tax liens and certificates of discharge under the internal revenue laws of the United States or the revenue laws of the state of Kansas, a fee of $5; and
(I) for filing liens for materials and services under K.S.A. 58-201, and amendments thereto, a fee of $5.
(2) For the following documents received and filed on and after January 1, 2015, but prior to January 1, 2016, the fees shall be:
(A) For recording deeds, mortgages or other instruments of writing, for first page, not to exceed legal size page—8 ½" x 14", a fee of $8;
(B) for second page and each additional page or fraction thereof of deeds, mortgages or other instruments of writing, a fee of $4;
(C) recording town plats, for each page, a fee of $23;
(D) recording release or assignment of real estate mortgages, a fee of $7;
(E) certificate, certifying any instrument on record, a fee of $4;
(F) acknowledgment of a signature, a fee of $3.50;
(G) for filing notices of tax liens under the internal revenue laws of the United States, a fee of $8;
(H) for filing releases of tax liens and certificates of discharge under the internal revenue laws of the United States or the revenue laws of the state of Kansas, a fee of $8; and
(I) for filing liens for materials and services under K.S.A. 58-201, and amendments thereto, a fee of $8.
(3) For the following documents received and filed on and after January 1, 2016, but prior to January 1, 2017, the fees shall be:
(A) For recording deeds, mortgages or other instruments of writing, for first page, not to exceed legal size page—8 ½" x 14", a fee of $11;
(B) for second page and each additional page or fraction thereof of deeds, mortgages or other instruments of writing, a fee of $7;
(C) recording town plats, for each page, a fee of $26;
(D) recording release or assignment of real estate mortgages, a fee of $10;
(E) certificate, certifying any instrument on record, a fee of $7;
(F) acknowledgment of a signature, a fee of $6.50;
(G) for filing notices of tax liens under the internal revenue laws of the United States, a fee of $11;
(H) for filing releases of tax liens and certificates of discharge under the internal revenue laws of the United States or the revenue laws of the state of Kansas, a fee of $11; and
(I) for filing liens for materials and services under K.S.A. 58-201, and amendments thereto, a fee of $11.
(4) For the following documents received and filed on and after January 1, 2017, but prior to January 1, 2018, the fees shall be:
(A) For recording deeds, mortgages or other instruments of writing, for first page, not to exceed legal size page—8 ½" x 14", a fee of $14;
(B) for second page and each additional page or fraction thereof of deeds, mortgages or other instruments of writing, a fee of $10;
(C) recording town plats, for each page, a fee of $29;
(D) recording release or assignment of real estate mortgages, a fee of $13;
(E) certificate, certifying any instrument on record, a fee of $10;
(F) acknowledgment of a signature, a fee of $9.50;
(G) for filing notices of tax liens under the internal revenue laws of the United States, a fee of $14;
(H) for filing releases of tax liens and certificates of discharge under the internal revenue laws of the United States or the revenue laws of the state of Kansas, a fee of $14; and
(I) for filing liens for materials and services under K.S.A. 58-201, and amendments thereto, a fee of $14.
(5) For the following documents received and filed on and after January 1, 2018, the fees shall be:
(A) For recording deeds, mortgages or other instruments of writing, for first page, not to exceed legal size page—8 ½" x 14", a fee of $17;
(B) for second page and each additional page or fraction thereof of deeds, mortgages or other instruments of writing, a fee of $13;
(C) recording town plats, for each page, a fee of $32;
(D) recording release or assignment of real estate mortgages, a fee of $16;
(E) certificate, certifying any instrument on record, a fee of $13;
(F) acknowledgment of a signature, a fee of $12.50;
(G) for filing notices of tax liens under the internal revenue laws of the United States, a fee of $17;
(H) for filing releases of tax liens and certificates of discharge under the internal revenue laws of the United States or the revenue laws of the state of Kansas, a fee of $17; and
(I) for filing liens for materials and services under K.S.A. 58-201, and amendments thereto, a fee of $17.
(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 prior to January 1, 2015, and $3 per page on and after January 1, 2015, for recording:
(1) The first page of any deeds, mortgages or other instruments of writing, not to exceed legal size—8½" 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. Prior to January 1, 2015, the county treasurer shall deposit such funds in the register of deeds technology fund as provided by K.S.A. 28-115a, and amendments thereto. On and after January 1, 2015, the county treasurer shall deposit $2 of such funds in the register of deeds technology fund as provided by K.S.A. 28-115a, and amendments thereto, $.50 of such funds in the county clerk technology fund as provided by K.S.A. 28-180, and amendments thereto, and $.50 of such funds in the county treasurer technology fund as provided by K.S.A. 28-181, 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 secretary of health and environment or the secretary's designee pursuant to K.S.A. 39-709, 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. 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 which shall be of sufficient legibility so as to produce a clear and legible reproduction 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.
(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.
(i) On and after January 1, 2015, 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 $1 per page for recording:
(1) The first page of any deeds, mortgages or other instruments of writing, not to exceed legal size—8½" 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 pay quarterly to the state treasurer all funds accruing under this subsection. All such moneys paid to the state treasurer shall be deposited in the state treasury and credited to the heritage trust fund. No payments under this subsection shall be made by the county treasurer to the state treasurer during any calendar year in excess of a total of $30,000. All moneys collected in excess of this amount which under this subsection would be paid to the state treasurer shall be credited to the county general fund.
(j) On and after January 1, 2015, the fee shall not exceed $125 for recording single family mortgages on principal residences imposed pursuant to this section where the principal debt or obligation secured by the mortgage is $75,000 or less.
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; L. 2010, ch. 44, § 16; L. 2013, ch. 112, § 21; L. 2014, ch. 140, § 14; 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 Repealed
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 Repealed
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 Repealed
History: L. 1927, ch. 213, § 1; L. 1937, ch. 230, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-117b Repealed
History: L. 1929, ch. 188, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-117c Repealed
History: L. 1931, ch. 189, § 1; L. 1937, ch. 231, § 1; L. 1943, ch. 150, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
§ 28-117d Repealed
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 Repealed
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 Repealed
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 Repealed
History: L. 1939, ch. 193, § 2; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-121b Repealed
History: L. 1945, ch. 201, § 2; Repealed, L. 1949, ch. 261, § 12; April 13.
§§ 28-121c through 28-121f Repealed
History: L. 1947, ch. 256, §§ 1 to 4; Repealed, L. 1949, ch. 261, § 12; April 13.
§ 28-122 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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; January 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 Repealed
History: L. 1913, ch. 197, § 25; R.S. 1923, 28-130; Repealed, L. 1976, ch. 195, § 1; July 1.
§ 28-131 Repealed
History: L. 1913, ch. 197, § 27; R.S. 1923, 28-131; Repealed, L. 1976, ch. 237, § 3; July 1.
§ 28-132 Repealed
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 Repealed
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 Repealed
History: L. 1913, ch. 197, § 31; R.S. 1923, 28-134; Repealed, L. 1967, ch. 216, § 1; July 1.
§ 28-135 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
History: L. 1913, ch. 197, § 43; R.S. 1923, 28-146; L. 1973, ch. 134, § 35; Repealed, L. 1978, ch. 105, § 29; January 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 Repealed
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 Repealed
History: L. 1929, ch. 185, § 1; Repealed, L. 1943, ch. 163, § 2; July 1.
§ 28-149b Repealed
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 Repealed
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 Repealed
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 Repealed
History: L. 1917, ch. 131, § 1; R.S. 1923, 28-155; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-156 Repealed
History: L. 1939, ch. 193, § 10; Repealed, L. 1951, ch. 271, § 1; June 30.
§ 28-157 Repealed
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 Repealed
History: L. 1951, ch. 278, § 1; L. 1953, ch. 206, § 1; Repealed, L. 1955, ch. 217, § 3; April 1.
§ 28-157b Repealed
History: L. 1951, ch. 278, § 2; Repealed, L. 1955, ch. 217, § 3; April 1.
§§ 28-157c, 28-157d Repealed
History: L. 1953, ch. 204, §§ 9, 10; Repealed, L. 1955, ch. 217, § 3; April 1.
§§ 28-157e, 28-157f Repealed
History: L. 1955, ch. 217, §§ 1, 2; Repealed, L. 1957, ch. 242, § 15; July 1.
§ 28-158 Repealed
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 Repealed
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 Repealed
History: L. 1955, ch. 226, § 1; Repealed, L. 1970, ch. 149, § 1; July 1.
§ 28-160 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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
(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:
-
- 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.$14
-
- For filing, entering and releasing a judgment of a court of this state on which execution
- or other process can be issued$24
-
- 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. 38-2201 et seq., and amendments thereto, the revised Kansas juvenile justice code, K.S.A. 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) Except as provided further, 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. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per bond, lien or judgment fee, 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; L. 2010, ch. 62, § 6; L. 2011, ch. 87, § 6; L. 2012, ch. 66, § 6; L. 2013, ch. 125, § 6; L. 2014, ch. 82, § 26; L. 2015, ch. 81, § 12; L. 2017, ch. 80, § 8; L. 2019, ch. 58, § 9; 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 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
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:
- Murder or manslaughter$180.50
- Other felony171.00
- Misdemeanor136.00
- Fofeited recognizance72.50
- Appeals from other courts72.50
(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 K.S.A. 8-2118(c), and amendments thereto, a cigarette or tobacco infraction, any act declared a crime pursuant to the statutes contained in chapter 32 of the 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, a docket fee of $86 shall be charged. When an action is disposed of under K.S.A. 8-2118(a) and (b), or K.S.A. 79-3393(f), and amendments thereto, the docket fee to be paid as court costs shall be $86.
(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, a docket fee of $86 shall be charged. When an action is disposed of under K.S.A. 8-2118(a) and (b), and amendments thereto, the docket fee to be paid as court costs shall be $86.
(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 made pursuant to the provisions of K.S.A. 20-362, and amendments thereto, 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) Except as provided further, 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. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.
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; L. 2008, ch. 95, § 8; L. 2009, ch. 116, § 15; L. 2009, ch. 143, § 14; L. 2010, ch. 62, § 7; L. 2010, ch. 155, § 11; L. 2011, ch. 87, § 7; L. 2012, ch. 66, § 7; L. 2013, ch. 125, § 7; L. 2014, ch. 82, § 27; L. 2015, ch. 81, § 13; L. 2017, ch. 80, § 9; L. 2019, ch. 58, § 10; July 1.
§ 28-172b Indigents' defense services fund; expenditures
(a) There is hereby established in the state treasury an indigents' defense services fund.
(b) 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; Revived and amended, L. 2016, ch. 78, § 6; July 1.
§ 28-172c Repealed
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 Repealed
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 Repealed
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 Repealed
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 Repealed
History: L. 1967, ch. 134, § 1; Repealed, L. 1971, ch. 136, § 18; April 15.
§ 28-173a Repealed
History: L. 1978, ch. 130, § 18; Repealed, L. 1982, ch. 167, § 3; July 1.
§ 28-174 Repealed
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) The court shall order 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. 38-2346 et seq., or 12-4414, and amendments thereto, of a misdemeanor or felony contained in chapters 21, 41 or 65 of the Kansas Statutes Annotated, and amendments thereto, or a violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or a violation of a municipal ordinance or county resolution prohibiting the acts prohibited by such statutes, unless the municipality or county has an agreement with the laboratory providing services that sets a restitution amount to be paid by the person that is directly related to the cost of laboratory services, to pay a separate court cost of $400 for every individual offense if forensic science or laboratory services, forensic computer examination services or forensic audio and video examination services are provided, in connection with the investigation, by:
(1) The Kansas bureau of investigation;
(2) the Sedgwick county regional forensic science center;
(3) the Johnson county sheriff's laboratory;
(4) the heart of America regional computer forensics laboratory;
(5) the Wichita-Sedgwick county computer forensics crimes unit; or
(6) the Garden City police department computer, audio and video forensics 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) The court shall not lessen or waive such fees unless the court has determined such person is indigent and the basis for the court's determination is reflected in the court's order.
(d) Such fees shall be deposited into the designated fund of the laboratory or forensic science or computer center that provided such services. Fees for services provided by:
(1) The Kansas bureau of investigation shall be deposited in the Kansas bureau of investigation forensic laboratory and materials fee fund which is hereby created;
(2) the Sedgwick county regional forensic science center shall be deposited in the Sedgwick county general fund;
(3) the Johnson county sheriff's laboratory shall be deposited in the Johnson county sheriff's laboratory analysis fee fund;
(4) the heart of America regional computer forensics laboratory shall be deposited in the general treasury account maintained by such laboratory;
(5) the Wichita-Sedgwick county computer forensic crimes unit shall be retained by the Sedgwick county sheriff. All funds retained by the sheriff pursuant to the provisions of this section shall be credited to a special fund of the sheriff's office; and
(6) the Garden City police department computer, audio and video forensics laboratory shall be deposited in the Garden City general fund.
(e) Disbursements from the funds and accounts described in subsection (d) shall be made for the following:
(1) Forensic science or laboratory services;
(2) forensic computer examination services;
(3) forensic audio and video examination services;
(4) purchase and maintenance of laboratory equipment and supplies;
(5) education, training and scientific development of personnel; and
(6) from the Kansas bureau of investigation forensic laboratory and materials fee fund, the destruction of seized property and chemicals as described in K.S.A. 22-2512 and 60-4117, and amendments thereto.
(f) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas bureau of investigation forensic laboratory and materials fee fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas bureau of investigation forensic laboratory and materials fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(g) All expenditures from the Kansas bureau of investigation forensic laboratory and materials fee fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
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; L. 2008, ch. 175, § 5; L. 2010, ch. 117, § 1; L. 2011, ch. 105, § 29; L. 2014, ch. 1, § 3; L. 2014, ch. 117, § 4; July 1.
§ 28-177 Court procedures; fees; authorized only by legislative enactment; judicial branch docket fee fund; authorized uses of moneys credited to fund
(a) Except as provided in this section and K.S.A. 28-178, and amendments thereto, 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. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $26.50 per fee or the amount established by the applicable statute, whichever amount is less, to fund the costs of non-judicial personnel.
(b) Such additional charge imposed by the court pursuant to K.S.A. 8-2107, 8-2110, 22-2410, 28-170, 28-172a, 28-178, 28-179, 32-1049a, 38-2215, 38-2312, 38-2314, 59-104, 60-2001, 60-2203a, 61-2704, 61-4001 and 65-409 and K.S.A. 21-6614 and 23-2510, and amendments thereto, shall be remitted 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 state general fund.
(c) There is hereby established in the state treasury the judicial branch docket fee fund which shall be administered by the chief justice at the Kansas supreme court. Moneys credited to the judicial branch docket fee fund shall not be expended for compensation of judges or justices of the judicial branch.
(d) All expenditures from the judicial branch docket fee fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the Kansas supreme court or by a person or persons designated by the chief justice.
History: L. 2006, ch. 215, § 1; L. 2009, ch. 116, § 16; L. 2010, ch. 62, § 8; L. 2011, ch. 87, § 8; L. 2012, ch. 66, § 8; L. 2013, ch. 125, § 8; L. 2014, ch. 82, § 29; L. 2015, ch. 81, § 14; L. 2017, ch. 80, § 10; L. 2019, ch. 58, § 11; L. 2022, ch. 34, § 5; July 1.
§ 28-177a Repealed
History: L. 2006, ch. 215, § 1; L. 2009, ch. 116, § 16; L. 2010, ch. 62, § 8; L. 2011, ch. 30, § 146; Repealed, L. 2012, ch. 66, § 21; April 12.
§ 28-178 Discretionary charge by supreme court
(a) In addition to any other fees specifically prescribed by law, on and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $12.50 per fee, to fund the costs of non-judicial personnel, on the following:
(1) A person who requests an order or writ of execution pursuant to K.S.A. 60-2401 or 61-3602, and amendments thereto.
(2) Persons who request a hearing in aid of execution pursuant to K.S.A. 60-2419, and amendments thereto.
(3) A person requesting an order for garnishment pursuant to article 7 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, or article 35 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto.
(4) Persons who request a writ or order of sale pursuant to K.S.A. 60-2401 or 61-3602, and amendments thereto.
(5) A person who requests a hearing in aid of execution pursuant to K.S.A. 61-3604, and amendments thereto.
(6) A person who requests an attachment against the property of a defendant or any one or more of several defendants pursuant to K.S.A. 60-701 or 61-3501, and amendments thereto.
(b) The clerk of the district court shall remit all revenues received from the fees imposed pursuant to subsection (a) 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 state general fund.
(c) The fees established in this section shall be the only fee collected or moneys in the nature of a fee collected for such 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.
History: L. 2009, ch. 116, § 1; L. 2010, ch. 62, § 9; L. 2011, ch. 87, § 9; L. 2012, ch. 66, § 9; L. 2013, ch. 125, § 9; L. 2014, ch. 82, § 30; L. 2015, ch. 81, § 15; L. 2017, ch. 80, § 11; L. 2019, ch. 58, § 12; L. 2022, ch. 34, § 6; July 1.
§ 28-179 Post-decree motion docket fee; authorized only by legislative enactment
(a) No post-decree motion petitioning for a modification or termination of separate maintenance, for a change in legal custody, residency, visitation rights or parenting time or for a modification of child support shall be filed or docketed in the district court without payment of a docket fee in the amount of $40 to the clerk of the district court.
(b) A poverty affidavit may be filed in lieu of a docket fee as established in K.S.A. 60-2001, and amendments thereto.
(c) The docket fee shall be the only costs assessed in each case for services of the clerk of the district court and the sheriff. The docket fee shall be disbursed in accordance with K.S.A. 20-362, and amendments thereto.
(d) Except as provided further, 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. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.
History: L. 1996, ch. 234, § 2; L. 2000, ch. 171, § 22; L. 2003, ch. 101, § 11; L. 2004, ch. 95, § 4; L. 2006, ch. 195, § 16; L. 2007, ch. 162, § 3; L. 2008, ch. 95, § 12; L. 2009, ch. 116, § 22; L. 2009, ch. 143, § 19; L. 2010, ch. 62, § 14; L. 2011, ch. 87, § 14; L. 2012, ch. 66, § 10; L. 2013, ch. 125, § 10; L. 2014, ch. 82, § 31; L. 2015, ch. 81, § 16; L. 2017, ch. 80, § 12; L. 2019, ch. 58, § 13; July 1.
§ 28-180 County clerk technology fund
(a) On January 1, 2015, there is hereby created in each county a county clerk technology fund.
(b) Upon receipt thereof, the county treasurer shall credit to the county clerk 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 county clerk technology fund shall be used by the county clerk to acquire equipment and technological services for the storing, recording, archiving, retrieving, maintaining and handling of data recorded, stored or generated in the office of the county clerk.
(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 county clerk under this subsection shall be in accordance with K.S.A. 19-302, 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 county clerk.
(g) At the end of any calendar year, if the balance in such fund exceeds $50,000 and the county clerk 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 county clerk.
History: L. 2014, ch. 140, § 16; July 1.
§ 28-181 County treasurer technology fund
(a) On January 1, 2015, there is hereby created in each county a county treasurer technology fund.
(b) Upon receipt thereof, the county treasurer shall credit to the county treasurer 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 county treasurer technology fund shall be used by the county treasurer to acquire equipment and technological services for the storing, recording, archiving, retrieving, maintaining and handling of data recorded, stored or generated in the office of the county treasurer.
(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 county treasurer under this subsection shall be in accordance with K.S.A. 19-503, 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 county treasurer.
(g) At the end of any calendar year, if the balance in such fund exceeds $50,000 and the county treasurer 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 county treasurer.
History: L. 2014, ch. 140, § 17; July 1.
Article 2 Counties Between 130,000 and 185,000
§§ 28-201 through 28-204 Repealed
History: L. 1921, ch. 188, §§ 1 to 4; R.S. 1923, 28-201 to 28-204; Repealed, L. 1937, ch. 233, § 20; March 27.
§ 28-205 Repealed
History: L. 1921, ch. 188, § 5; R.S. 1923, 28-321; L. 1927, ch. 210, § 1; Repealed, L. 1937, ch. 233, § 20; March 27.
§§ 28-206, 28-207 Repealed
History: L. 1921, ch. 188, §§ 6, 7; R.S. 1923, 28-322, 28-323; Repealed, L. 1937, ch. 233, § 20; March 27.
§ 28-208 Prescription of compensation
All officers and employees herein mentioned in all counties of this state having a population of more than one hundred thirty thousand (130,000) and less than one hundred eighty-five thousand (185,000) shall receive for their services the compensation herein allowed: Provided, In such counties the board of county commissioners shall allow such reasonable sums for deputies and clerical hire, as may be necessary to properly expedite the business of the county offices.
History: L. 1937, ch. 233, § 1; L. 1949, ch. 266, § 1; L. 1953, ch. 210, § 1; L. 1957, ch. 245, § 1; L. 1961, ch. 213, § 4; L. 1963, ch. 242, § 3; June 30.
§ 28-209 Repealed
History: L. 1937, ch. 233, § 2; L. 1943, ch. 164, § 1; L. 1945, ch. 205, § 1; L. 1947, ch. 253, § 1; L. 1949, ch. 266, § 2; L. 1953, ch. 210, § 2; L. 1957, ch. 245, § 2; L. 1959, ch. 187, § 3; L. 1961, ch. 213, § 5; L. 1963, ch. 242, § 4; L. 1965, ch. 261, § 2; L. 1967, ch. 213, § 2; L. 1969, ch. 202, § 1; L. 1973, ch. 175, § 12; L. 1974, ch. 361, § 20; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-210 Repealed
History: L. 1937, ch. 233, § 3; L. 1943, ch. 164, § 2; L. 1945, ch. 205, § 2; L. 1947, ch. 253, § 2; L. 1949, ch. 266, § 3; L. 1953, ch. 210, § 3; L. 1957, ch. 245, § 3; L. 1959, ch. 187, § 4; L. 1961, ch. 213, § 6; L. 1963, ch. 242, § 5; L. 1965, ch. 261, § 3; L. 1967, ch. 213, § 3; L. 1969, ch. 202, § 2; L. 1973, ch. 175, § 13; L. 1974, ch. 361, § 21; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-211 Repealed
History: L. 1937, ch. 233, § 4; L. 1943, ch. 164, § 3; L. 1945, ch. 205, § 3; L. 1947, ch. 253, § 3; L. 1949, ch. 266, § 4; L. 1953, ch. 210, § 4; L. 1957, ch. 245, § 4; L. 1959, ch. 187, § 5; L. 1961, ch. 213, § 7; L. 1963, ch. 242, § 6; L. 1965, ch. 261, § 4; L. 1967, ch. 213, § 4; L. 1969, ch. 202, § 3; Repealed, L. 1973, ch. 175, § 72; November 1.
§ 28-212 Repealed
History: L. 1937, ch. 233, § 5; L. 1939, ch. 191, § 1; L. 1943, ch. 164, § 4; L. 1945, ch. 205, § 4; L. 1947, ch. 253, § 4; L. 1949, ch. 266, § 5; L. 1953, ch. 210, § 5; L. 1955, ch. 220, § 3; L. 1957, ch. 245, § 5; L. 1959, ch. 187, § 6; L. 1961, ch. 213, § 8; L. 1963, ch. 242, § 7; L. 1965, ch. 261, § 5; L. 1967, ch. 213, § 5; L. 1969, ch. 202, § 4; L. 1973, ch. 175, § 14; L. 1974, ch. 361, § 22; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-213 Repealed
History: L. 1937, ch. 233, § 6; L. 1943, ch. 164, § 5; L. 1945, ch. 205, § 5; L. 1949, ch. 266, § 6; L. 1953, ch. 210, § 6; L. 1957, ch. 245, § 6; L. 1961, ch. 213, § 9; L. 1963, ch. 242, § 8; L. 1965, ch. 261, § 6; Repealed, L. 1968, ch. 109, § 1; July 1.
§ 28-214 Repealed
History: L. 1937, ch. 233, § 7; L. 1943, ch. 164, § 6; L. 1945, ch. 205, § 6; L. 1947, ch. 253, § 5; L. 1949, ch. 266, § 7; L. 1953, ch. 210, § 7; L. 1957, ch. 245, § 7; L. 1961, ch. 213, § 10; L. 1963, ch. 242, § 9; L. 1965, ch. 261, § 7; L. 1973, ch. 175, § 15; L. 1974, ch. 361, § 23; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-215 Transferred
Revisor's Note: Section transferred to 59-219.
§ 28-216 Repealed
History: L. 1937, ch. 233, § 9; L. 1943, ch. 164, § 8; L. 1945, ch. 205, § 8; L. 1947, ch. 253, § 7; L. 1949, ch. 266, § 9; L. 1953, ch. 210, § 9; L. 1957, ch. 245, § 9; L. 1959, ch. 187, § 8; L. 1961, ch. 213, § 12; L. 1963, ch. 242, § 11; L. 1965, ch. 261, § 9; L. 1967, ch. 213, § 7; L. 1969, ch. 202, § 6; L. 1973, ch. 175, § 16; L. 1974, ch. 361, § 24; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-217 Repealed
History: L. 1937, ch. 233, § 10; L. 1943, ch. 164, § 9; L. 1945, ch. 205, § 9; L. 1947, ch. 253, § 8; L. 1949, ch. 266, § 10; L. 1953, ch. 210, § 10; L. 1957, ch. 245, § 10; L. 1959, ch. 187, § 9; L. 1961, ch. 213, § 13; L. 1963, ch. 242, § 12; L. 1965, ch. 261, § 10; Repealed, L. 1969, ch. 310, § 66; July 1; L. 1969, ch. 202, § 11; November 1.
§ 28-218 Transferred
Revisor's Note: Section transferred to 28-1102.
§ 28-219 Repealed
History: L. 1937, ch. 233, § 12; L. 1941, ch. 235, § 1; L. 1943, ch. 164, § 11; L. 1945, ch. 205, § 11; L. 1947, ch. 253, § 10; L. 1949, ch. 266, § 12; L. 1953, ch. 210, § 12; L. 1955, ch. 220, § 4; L. 1957, ch. 245, § 12; L. 1961, ch. 213, § 15; L. 1963, ch. 242, § 14; L. 1965, ch. 261, § 12; L. 1967, ch. 213, § 11; L. 1969, ch. 202, § 8; L. 1973, ch. 186, § 40; L. 1973, ch. 175, § 18; L. 1974, ch. 361, § 25; Repealed, L. 1977, ch. 146, § 1; July 1.
§ 28-219a Repealed
History: L. 1937, ch. 233, § 12; L. 1941, ch. 235, § 1; L. 1943, ch. 164, § 11; L. 1945, ch. 205, § 11; L. 1947, ch. 253, § 10; L. 1949, ch. 266, § 12; L. 1953, ch. 210, § 12; L. 1955, ch. 220, § 4; L. 1957, ch. 245, § 12; L. 1961, ch. 213, § 15; L. 1963, ch. 242, § 14; L. 1965, ch. 256, § 5; Repealed, L. 1968, ch. 110, § 1; July 1.
§ 28-220 Repealed
History: L. 1937, ch. 233, § 13; L. 1945, ch. 205, § 12; L. 1947, ch. 253, § 11; L. 1949, ch. 266, § 13; L. 1953, ch. 210, § 13; L. 1957, ch. 245, § 13; L. 1959, ch. 187, § 11; L. 1961, ch. 213, § 16; L. 1963, ch. 242, § 15; L. 1965, ch. 261, § 13; L. 1967, ch. 213, § 9; L. 1969, ch. 203, § 1; L. 1973, ch. 175, § 19; L. 1974, ch. 361, § 26; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-221 Repealed
History: L. 1937, ch. 233, § 14; L. 1943, ch. 164, § 12; L. 1945, ch. 205, § 13; L. 1947, ch. 253, § 12; L. 1949, ch. 266, § 14; L. 1953, ch. 210, § 14; L. 1957, ch. 245, § 14; L. 1959, ch. 187, § 12; L. 1961, ch. 213, § 17; L. 1963, ch. 242, § 16; L. 1965, ch. 261, § 14; L. 1967, ch. 213, § 10; L. 1969, ch. 202, § 9; L. 1973, ch. 175, § 20; L. 1974, ch. 361, § 27; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-222 Cook and assistant for county jail; feeding prisoners
The board of county commissioners may employ a cook and an assistant for the county jail at a reasonable wage and shall pay all expenses for feeding the prisoners in the county jail. No contract shall ever be made with the sheriffs for feeding such prisoners.
History: L. 1937, ch. 233, § 15; L. 1943, ch. 164, § 13; L. 1947, ch. 253, § 13; L. 1949, ch. 266, § 15; L. 1971, ch. 137, § 1; July 1.
§ 28-222a Repealed
History: L. 1947, ch. 253, § 20; Repealed, L. 1949, ch. 266, § 20; April 8.
§ 28-223 Additional clerk hire; resolution
When no allowance is made in this act for clerical hire in any of the county offices herein provided, then the board of county commissioners shall allow such additional amount for clerical hire as may be necessary to properly expedite the business of said offices. When, in the opinion of the county commissioners, the amount of the allowance made in this act for clerical hire shall be insufficient to properly and sufficiently conduct the business of said office, then the board of county commissioners shall allow such additional amount of clerical hire as may be necessary to properly expedite the business of said office, but not exceeding, however, ten percent of the allowance herein provided: Provided, That no allowance shall be made except by resolution of the board of county commissioners made in regular session convened, setting out the reason for the said allowance as made, and the amount of the allowance: And provided further, That no allowance shall be made for more than a six months period and shall not be effective until said resolution shall have been entered upon the journal and shall have been published once in a paper of general circulation in the county and no warrants shall be issued for such additional clerk hire for any period prior to the date of said publication.
History: L. 1937, ch. 233, § 16; March 27.
§ 28-224 Repealed
History: L. 1937, ch. 233, § 17; L. 1971, ch. 138, § 1; Repealed, L. 1974, ch. 168, § 10; July 1.
§ 28-225 Fee books
All of the above officers and other persons now authorized to collect fees from the public, and from any source excepting the county in which their offices are situated, shall keep fee books in forms to be prescribed by the county auditor and approved by the board of county commissioners, in which shall be entered all fees and income from any source whatsoever that may be received by them, in their official capacity.
History: L. 1937, ch. 233, § 18; March 27.
§ 28-226 Penalties for violations; forfeiture of office
Any officer, deputy, assistant or clerk mentioned in this act or whose salary or compensation is herein provided for or authorized, who shall ask or receive any fee or reward in money or its equivalent not authorized by this act or the laws of this state, or who shall fail to make out and file any report herein provided for, or who shall fail to pay to the county treasurer any fees or income collected by him in the time and manner prescribed by this act, or who shall fail, neglect or refuse to perform any duty enjoined upon him by this act, shall for each offense be adjudged guilty of a misdemeanor and fined in any sum not exceeding three hundred dollars or confined in the county jail for not to exceed one year or shall receive a sentence of both such fine and imprisonment. And such failure to perform any of the duties prescribed by this act shall be a forfeiture of office and upon the judgment of any court of competent jurisdiction in a civil action that such officer, deputy, assistant or clerk has forfeited such office, he shall stand suspended during any appeal therefrom. Except the fees of the county attorney in civil and criminal proceedings under the laws relating to intoxicating liquors and gambling and otherwise provided by law.
History: L. 1937, ch. 233, § 19; March 27.
§ 28-227 Repealed
History: L. 1969, ch. 202, § 10; Repealed, L. 1976, ch. 145, § 246; January 10, 1977.
§ 28-228 Repealed
History: L. 1974, ch. 361, § 56; Repealed, L. 1977, ch. 105, § 45; July 1.
Article 3 Certain Counties Over 140,000
§ 28-301 Repealed
History: L. 1911, ch. 190, § 1; R.S. 1923, 28-301; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-301a Repealed
History: L. 1925, ch. 169, § 1; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-301b Repealed
History: L. 1927, ch. 215, § 1; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-301c Repealed
History: L. 1929, ch. 191, § 1; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-301d Repealed
History: L. 1929, ch. 192, § 1; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-301e Repealed
History: L. 1927, ch. 217, § 1; L. 1939, ch. 192, § 1; Repealed, L. 1955, ch. 224, § 11; June 30.
§ 28-301f Repealed
History: L. 1929, ch. 193, § 1; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-302 Repealed
History: L. 1911, ch. 190, § 2; L. 1919, ch. 206, § 1; L. 1921, ch. 189, § 1; R.S. 1923, 28-302; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-302a Repealed
History: L. 1925, ch. 169, § 5; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-302b Repealed
History: L. 1927, ch. 217, § 2; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-302c Repealed
History: L. 1929, ch. 192, § 6; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-303 Repealed
History: L. 1911, ch. 190, § 3; L. 1919, ch. 206, § 2; L. 1921, ch. 189, § 2; R.S. 1923, 28-303; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-303a Repealed
History: L. 1925, ch. 169, § 6; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-303b Repealed
History: L. 1927, ch. 217, § 3; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-303c Repealed
History: L. 1929, ch. 192, § 7; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-304 Repealed
History: L. 1911, ch. 190, § 4; R.S. 1923, 28-304; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-304a Repealed
History: L. 1925, ch. 169, § 4; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-304b Repealed
History: L. 1929, ch. 192, § 3; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-304c Repealed
History: L. 1921, ch. 190, § 1; R.S. 1923, 28-320; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-304d Repealed
History: L. 1937, ch. 237, § 1; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-305 Repealed
History: L. 1911, ch. 190, § 5; L. 1919, ch. 206, § 10; L. 1921, ch. 189, § 8; R.S. 1923, 28-305; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-305a Repealed
History: L. 1925, ch. 169, § 3; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-305b Repealed
History: L. 1927, ch. 217, § 9; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-305c Repealed
History: L. 1929, ch. 192, § 5; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-305d Repealed
History: L. 1929, ch. 193, § 2; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-306 Repealed
History: L. 1911, ch. 190, § 6; L. 1915, ch. 225, § 1; L. 1919, ch. 206, § 3; L. 1921, ch. 189, § 3; R.S. 1923, 28-306; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-306a Repealed
History: L. 1925, ch. 169, § 2; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-306b Repealed
History: L. 1927, ch. 215, § 2; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-306c Repealed
History: L. 1927, ch. 217, § 4; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-306d Repealed
History: L. 1929, ch. 191, § 2; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-307 Repealed
History: L. 1911, ch. 190, § 8; L. 1919, ch. 206, § 4; L. 1921, ch. 189, § 4; R.S. 1923, 28-307; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-307a Repealed
History: L. 1925, ch. 169, § 8; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-307b Repealed
History: L. 1927, ch. 217, § 5; L. 1935, ch. 180, § 1; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-307c Repealed
History: L. 1929, ch. 192, § 4; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-308 Repealed
History: L. 1911, ch. 190, § 9; L. 1917, ch. 195, § 1; L. 1919, ch. 206, § 5; L. 1921, ch. 189, § 5; R.S. 1923, 28-308; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-308a Repealed
History: L. 1927, ch. 217, § 6; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-308b Repealed
History: L. 1929, ch. 192, § 9; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-309 Repealed
History: L. 1911, ch. 190, § 10; L. 1913, ch. 198, § 1; L. 1919, ch. 206, § 6; L. 1921, ch. 189, § 6; R.S. 1923, 28-309; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-309a Repealed
History: L. 1925, ch. 169, § 7; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-309b Repealed
History: L. 1927, ch. 217, § 7; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-309c Repealed
History: L. 1929, ch. 192, § 2; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-310 Repealed
History: L. 1911, ch. 190, § 11; R.S. 1923, 28-310; Repealed, L. 1939, ch. 192, § 4; March 22.
§ 28-310a Repealed
History: L. 1929, ch. 192, § 8; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-310b Repealed
History: L. 1939, ch. 192, § 2; L. 1945, ch. 208, § 16; L. 1947, ch. 255, § 15; L. 1949, ch. 267, § 1; L. 1953, ch. 214, § 11; Repealed, L. 1961, ch. 213, § 21; L. 1961, ch. 217, § 21; July 1.
§ 28-311 Repealed
History: L. 1911, ch. 190, § 12; L. 1919, ch. 206, § 7; R.S. 1923, 28-311; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-311a Repealed
History: L. 1927, ch. 217, § 10; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-312 Repealed
History: R.S. 1923, 28-312; L. 1939, ch. 192, § 3; Repealed, L. 1945, ch. 208, § 18; April 5.
§ 28-312a Repealed
History: L. 1929, ch. 192, § 10; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-313 Repealed
History: L. 1911, ch. 190, § 14; R.S. 1923, 28-313; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-313a Repealed
History: L. 1927, ch. 217, § 8; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-314 Repealed
History: L. 1911, ch. 190, § 15; R.S. 1923, 28-314; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-314a Repealed
History: L. 1925, ch. 169, § 9; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-314b Repealed
History: L. 1927, ch. 215, § 3; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-314c Repealed
History: L. 1929, ch. 191, § 3; Repealed, L. 1941, ch. 236, § 21; April 11.
§ 28-314d Repealed
History: L. 1927, ch. 217, § 11; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-314e Repealed
History: L. 1929, ch. 193, § 3; Repealed, L. 1943, ch. 166, § 18; March 23.
§ 28-315 Collection and payment of fees to county
All of the officers and other persons herein mentioned shall collect from others than the county in which said offices are located all fees now authorized by law. All such fees and income of their respective offices from every source whatsoever, 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 herein 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 fees and other income collected are correctly set forth therein. All such fees and income shall be placed by said treasurer to the credit of the county's general fund.
History: L. 1911, ch. 190, § 16; R.S. 1923, 28-315; L. 1974, ch. 168, § 2; July 1.
§ 28-316 Fee books
All of the above officers and other persons now authorized to collect fees from the public, and from any source excepting the county in which their offices are situated, shall keep fee books in forms to be prescribed by the county auditor and approved by the board of county commissioners, in which shall be entered all fees and income from any source whatsoever that may be received by them.
History: L. 1911, ch. 190, § 17; March 3; R.S. 1923, 28-316.
§ 28-317 Audit of books of county officers; office for auditor
The county auditor shall audit the books and accounts of each county officer, monthly, and shall report in writing to the board of county commissioners the condition of the accounts of each officer collecting or handling money. Said monthly reports shall show the total fees collected and paid in to the treasury by each officer since his last report, the total fees then outstanding and unpaid, and all other information that the board of county commissioners may from time to time require. Said county auditor may be provided with an office by the board of county commissioners and shall devote such time to the performance of his duties as may be required.
History: L. 1911, ch. 190, § 18; March 3; R.S. 1923, 28-317.
§ 28-318 Penalties for violation of 1911 act*
Any officer, deputy, assistant or clerk mentioned in this act or whose salary or compensation is herein provided for or authorized, who shall ask or receive any fee or reward in money or its equivalent not authorized by this act or the laws of this state, or who shall fail to make out and file any report herein provided for, or who shall fail to pay to the county treasurer any fees or income collected by him in the time and manner prescribed by this act*, or who shall fail, neglect or refuse to perform any duty enjoined upon him by this act*, shall for each offense be adjudged guilty of a misdemeanor and fined in any sum not exceeding three hundred dollars or confined in the county jail for not to exceed one year or shall receive a sentence of both such fine and imprisonment. And such failure to perform any of the duties prescribed by this act shall be a forfeiture of office and upon the judgment of any court of competent jurisdiction in a civil action that such officer, deputy, assistant or clerk has forfeited such office, he shall stand suspended during any appeal therefrom. Except the fees of the county attorney in civil and criminal proceedings under the laws relating to intoxicating liquors and gambling and otherwise provided by law.
History: L. 1911, ch. 190, § 19; March 3; R.S. 1923, 28-318.
§ 28-319 Special counsel in civil litigation for county
That in any civil litigation wherein the county may be either plaintiff or defendant, if the county attorney or his deputies are interested directly or indirectly, or if the board of county commissioners believes that the time at the disposal of the county attorney's office is insufficient to give proper attention to such litigation or if for any other reason the board of county commissioners deems it necessary for the protection of the public interests, it may employ special counsel for such case or cases and pay reasonable compensation therefor, not exceeding the sum of three thousand dollars in any one year.
History: L. 1911, ch. 190, § 20; March 3; R.S. 1923, 28-319.
§ 28-320 Transferred
Revisor's Note: Section transferred to 28-304c.
§ 28-321 Transferred
Revisor's Note: Section transferred to 28-205.
§ 28-322 Transferred
Revisor's Note: Section transferred to 28-206.
§ 28-322a Transferred
Revisor's Note: Section transferred to 28-307a.
§ 28-322b Transferred
Revisor's Note: Section transferred to 28-307b.
§ 28-322c Transferred
Revisor's Note: Section transferred to 28-307c.
§ 28-323 Transferred
Revisor's Note: Section transferred to 28-207.
§ 28-324 Repealed
History: L. 1937, ch. 237, § 2; Repealed, L. 1943, ch. 166, § 18; March 23.
Article 4 Miscellaneous Provisions (Not in active use)
§§ 28-401 through 28-423 Repealed
History: L. 1933, ch. 186, §§ 1 to 23; Repealed, L. 1951, ch. 271, § 1; June 30.
§ 28-424 Repealed
History: L. 1959, ch. 189, § 1; L. 1976, ch. 145, § 153; Repealed, L. 1977, ch. 105, § 45; July 1.
§ 28-425 Repealed
History: L. 1959, ch. 189, § 2; Repealed, L. 1978, ch. 149, § 1; July 1.
§ 28-426 Repealed
History: L. 1961, ch. 214, § 16; L. 1963, ch. 238, § 18; L. 1965, ch. 262, § 10; L. 1967, ch. 214, § 5; Repealed, L. 1978, ch. 149, § 1; July 1.
§ 28-427 Repealed
History: L. 1961, ch. 217, § 16; Repealed, L. 1978, ch. 149, § 1; July 1.
§§ 28-428, 28-429 Repealed
History: L. 1972, ch. 153, §§ 1, 40; Repealed, L. 1978, ch. 149, § 1; July 1.
§§ 28-430 through 28-432 Repealed
History: L. 1973, ch. 175, §§ 1, 60, 71; Repealed, L. 1978, ch. 149, § 1; July 1.
§ 28-433 Repealed
History: L. 1974, ch. 361, § 57; Repealed, L. 1978, ch. 149, § 1; July 1.
Article 5 Statutory Construction (Not in active use)
§§ 28-501, 28-502 Repealed
History: L. 1941, ch. 241, §§ 1, 2; Repealed, L. 1943, ch. 162, § 20; April 1.
§ 28-503 Repealed
History: L. 1941, ch. 240, § 1; Repealed, L. 1943, ch. 162, § 20; April 1.
Article 6 Counties Over 300,000
§ 28-601 Prescription of compensation and fees
All officers and employees herein mentioned in all counties of this state having a population of more than three hundred thousand (300,000) shall receive for their services the compensation herein allowed, and no other fees, mileage, salaries or things of value of any kind or nature whatsoever unless specifically allowed to them by law.
History: L. 1941, ch. 236, § 1; L. 1949, ch. 268, § 1; L. 1957, ch. 246, § 1; L. 1967, ch. 214, § 6; January 1, 1968.
§ 28-602 Repealed
History: L. 1941, ch. 236, § 2; L. 1943, ch. 165, § 1; L. 1945, ch. 206, § 1; L. 1947, ch. 254, § 1; L. 1949, ch. 268, § 2; L. 1951, ch. 274, § 1; L. 1953, ch. 212, § 1; L. 1955, ch. 222, § 2; L. 1957, ch. 246, § 2; L. 1961, ch. 214, § 1; L. 1963, ch. 238, § 7; L. 1965, ch. 262, § 3; L. 1967, ch. 214, § 7; L. 1969, ch. 205, § 4; L. 1972, ch. 153, § 11; L. 1973, ch. 175, § 21; L. 1974, ch. 361, § 28; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-603 Repealed
History: L. 1941, ch. 236, § 3; L. 1943, ch. 165, § 2; L. 1945, ch. 206, § 2; L. 1947, ch. 254, § 2; L. 1949, ch. 268, § 3; L. 1951, ch. 274, § 2; L. 1953, ch. 212, § 2; L. 1955, ch. 222, § 3; L. 1957, ch. 246, § 3; L. 1961, ch. 214, § 2; L. 1963, ch. 238, § 8; L. 1965, ch. 262, § 4; L. 1967, ch. 214, § 8; L. 1969, ch. 205, § 5; L. 1972, ch. 153, § 12; L. 1973, ch. 175, § 22; L. 1974, ch. 361, § 29; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-604 Repealed
History: L. 1941, ch. 236, § 4; L. 1943, ch. 165, § 3; L. 1945, ch. 206, § 3; L. 1947, ch. 254, § 3; L. 1949, ch. 268, § 4; L. 1951, ch. 274, § 3; L. 1953, ch. 213, § 1; L. 1955, ch. 222, § 10; L. 1957, ch. 246, § 4; L. 1961, ch. 214, § 11; L. 1963, ch. 238, § 9; L. 1965, ch. 163, § 1; L. 1967, ch. 217, § 1; L. 1970, ch. 105, § 1; L. 1971, ch. 105, § 3; L. 1972, ch. 153, § 13; Repealed, L. 1973, ch. 175, § 72; November 1.
§ 28-605 Repealed
History: L. 1941, ch. 236, § 5; L. 1943, ch. 165, § 4; L. 1945, ch. 206, § 4; L. 1947, ch. 254, § 4; L. 1949, ch. 268, § 5; L. 1951, ch. 274, § 4; L. 1953, ch. 212, § 3; L. 1955, ch. 222, § 4; L. 1957, ch. 246, § 5; L. 1961, ch. 214, § 3; L. 1963, ch. 238, § 10; L. 1965, ch. 262, § 5; L. 1967, ch. 214, § 9; L. 1969, ch. 205, § 6; L. 1972, ch. 152, § 1; L. 1972, ch. 153, § 14; L. 1973, ch. 175, § 23; L. 1974, ch. 361, § 30; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-606 Repealed
History: L. 1941, ch. 236, § 6; L. 1943, ch. 165, § 5; L. 1945, ch. 206, § 5; L. 1947, ch. 254, § 5; L. 1949, ch. 268, § 6, L. 1951, ch. 274, § 5; L. 1953, ch. 212, § 4; L. 1955, ch. 222, § 11; L. 1957, ch. 246, § 6; L. 1961, ch. 214, § 4; L. 1963, ch. 238, § 11; Repealed, L. 1965, ch. 262, § 14; January 1, 1966.
§ 28-607 Repealed
History: L. 1941, ch. 236, § 7; L. 1947, ch. 254, § 6; Repealed, L. 1953, ch. 212, § 23; July 1.
§ 28-608 Transferred
Revisor's Note: Section transferred to 59-218.
§ 28-609 Repealed
History: L. 1941, ch. 236, § 9; L. 1943, ch. 165, § 7; L. 1945, ch. 206, § 7; L. 1947, ch. 254, § 8; L. 1949, ch. 268, § 8; L. 1951, ch. 274, § 7; L. 1953, ch. 212, § 6; L. 1955, ch. 222, § 6; L. 1957, ch. 246, § 8; L. 1961, ch. 214, § 5; L. 1963, ch. 238, § 12; L. 1965, ch. 262, § 7; L. 1967, ch. 214, § 10; L. 1969, ch. 205, § 8; L. 1972, ch. 153, § 16; L. 1973, ch. 175, § 25; L. 1974, ch. 361, § 31; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-610 Repealed
History: L. 1941, ch. 236, § 10; L. 1943, ch. 165, § 8; L. 1945, ch. 206, § 8; L. 1947, ch. 254, § 9; L. 1949, ch. 268, § 9; L. 1951, ch. 274, § 8; L. 1953, ch. 212, § 7; L. 1955, ch. 222, § 12; L. 1957, ch. 246, § 9; L. 1961, ch. 214, § 6; L. 1963, ch. 238, § 13; Repealed, L. 1969, ch. 310, § 66; July 1.
§ 28-611 Transferred
Revisor's Note: Section transferred to 28-1105.
§ 28-612 Repealed
History: L. 1941, ch. 236, § 12; L. 1945, ch. 206, § 10; L. 1947, ch. 254, § 11; L. 1949, ch. 268, § 11; L. 1953, ch. 212, § 9; L. 1955, ch. 222, § 13; L. 1957, ch. 246, § 11; L. 1961, ch. 214, § 8; L. 1963, ch. 238, § 15; L. 1967, ch. 214, § 12; L. 1969, ch. 205, § 10; L. 1972, ch. 153, § 18; L. 1973, ch. 175, § 27; L. 1974, ch. 361, § 32; Repealed, L. 1977, ch. 146, § 1; July 1.
§ 28-613 County auditor; salary; deputies, clerks, stenographers; expenses
The county auditor shall receive a salary in an amount prescribed by the district court of the judicial district in which such county is located; and for deputies, clerks or stenographers, to be appointed by the auditor, and other necessary and actual expenses of his office the board of county commissioners shall authorize the expenditure of such sums as the board of county commissioners shall determine to be necessary to properly expedite the business of such office.
History: L. 1941, ch. 236, § 13; L. 1943, ch. 165, § 10; L. 1945, ch. 206, § 1 1; L. 1947, ch. 254, § 12; L. 1949, ch. 268, § 12; L. 1951, ch. 274, § 10; L. 1953, ch. 212, § 10; L. 1955, ch. 222, § 8; L. 1957, ch. 246, § 12; L. 1961, ch. 214, § 9; L. 1963, ch. 238, § 16; L. 1965, ch. 262, § 11; L. 1967, ch. 214, § 13; L. 1968, ch. 393, § 1; L. 1969, ch. 205, § 11; L. 1972, ch. 153, § 19; L. 1973, ch. 107, § 4; July 1.
§ 28-614 Repealed
History: L. 1941, ch. 236, § 14; L. 1943, ch. 165, § 11; L. 1945, ch. 207, § 2; L. 1947, ch. 254, § 13; L. 1949, ch. 268, § 13; L. 1951, ch. 274, § 11; L. 1953, ch. 212, § 11; L. 1955, ch. 222, § 9; L. 1957, ch. 246, § 13; L. 1961, ch. 214, § 10; L. 1963, ch. 238, § 17; L. 1965, ch. 262, § 9; L. 1967, ch. 214, § 14; L. 1969, ch. 205, § 12; L. 1972, ch. 153, § 20; L. 1973, ch. 175, § 28; L. 1974, ch. 361, § 33; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-615 County engineer; salary and expenses; assistants and employees; payment of compensation from county road and bridge fund, when
The county engineer may be appointed by the board of county commissioners to perform the necessary civil engineering work of the county. He shall receive a salary to be fixed by the county commissioners. In addition, the board of county commissioners shall pay the county engineer's actual and necessary traveling expenses incurred in the performance of his official duties upon the filing of itemized and verified vouchers signed by the county engineer and approved by the board of county commissioners. The said board shall allow the county engineer the necessary and required assistants, engineers, surveyors, superintendents, foremen, accountants, clerks and all other help needed for the performance of his duties. Allowances for such assistants or help herein referred to shall be for work actually performed per diem and such allowance shall be paid only to the person or persons employed upon sworn claims presented to the board of county commissioners.
All compensation or salaries hereinbefore provided for and for the county's civil engineering work, the building and maintenance of roads and bridges, and the various duties performed under the county engineer's supervision, shall be paid from the county road and bridge fund in counties not under the county unit system, which funds are derived from the tax levies authorized by K.S.A. 79-1947. The engineer shall not receive and retain any fees, costs, mileage, commissions or compensation of any kind for any service which he is authorized to perform because of his office, except as herein elsewhere provided, but shall turn over such fees, costs, mileage, commissions or compensation to the county treasurer, and the same shall become a part of the general revenue fund of the county.
History: L. 1941, ch. 236, § 15; L. 1943, ch. 165, § 12; L. 1945, ch. 206, § 12; L. 1947, ch. 254, § 14; L. 1949, ch. 268, § 14; L. 1953, ch. 212, § 12; L. 1957, ch. 246, § 14; L. 1961, ch. 216, § 1; L. 1965, ch. 262, § 13; L. 1967, ch. 214, § 15; L. 1969, ch. 205, § 13; L. 1972, ch. 153, § 21; L. 1973, ch. 176, § 1; July 1.
§ 28-616 Repealed
History: L. 1941, ch. 236, § 16; Repealed, L. 1947, ch. 254, § 17; April 9.
§ 28-617 Collection and payment of fees to county; monthly statement
All of the officers and other persons herein mentioned shall collect all fees and benefits now authorized by law. All such fees and other income of or thing of value received, directly or indirectly by them or from their respective offices from any source whatsoever 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 herein specifically authorized to be retained by them, shall be paid over on the next secular day, after collection 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 fees and other income collected are correctly set forth therein. All such fees and income shall be placed by said treasurer to the credit of the county general fund. They shall file with the county auditor a monthly statement of all fees collected.
History: L. 1941, ch. 236, § 17; L. 1971, ch. 139, § 1; July 1.
§ 28-618 Semiannual audits by county auditors; office
The county auditor shall audit the books and accounts of each county officer, semiannually, and shall report in writing to the board of county commissioners the condition of the accounts of each officer collecting or handling money. Said semiannual report shall show the total fees collected and paid into the treasury by each officer since his last report, the total fees then outstanding and unpaid, and all other information that the board of county commissioners may from time to time require. Said county auditor shall be provided with an office by the board of county commissioners and shall devote all his time to the performance of his duties as such auditor.
History: L. 1941, ch. 236, § 18; April 11.
§ 28-619 Penalties for violations; forfeiture of office
Any officer, deputy, assistant or clerk mentioned in this act or whose salary or compensation is herein provided for or authorized, who shall ask or receive any fee or reward in money or its equivalent, not authorized by this act or the laws of this state, or who shall fail to make out and file any report herein provided for, or who shall fail to pay to the county treasurer any fees or income collected by him in the time and manner prescribed by this act, or who shall fail, neglect or refuse to perform any duty enjoined upon him by this act, shall for each offense be adjudged guilty of a misdemeanor and fined in any sum not exceeding three hundred dollars or confined in the county jail for not to exceed one year or shall receive a sentence of both such fine and imprisonment. And such failure to perform any of the duties prescribed by this act shall be a forfeiture of office notwithstanding such offense may have occurred in a prior term, and upon the judgment of any court of competent jurisdiction in a civil action that such officer, deputy, assistant or clerk has forfeited such office, he shall stand suspended during any appeal therefrom.
History: L. 1941, ch. 236, § 19; April 11.
§ 28-620 Monthly payment of salaries
All salaries provided for in this act shall be paid out of the county treasury in equal monthly installments.
History: L. 1941, ch. 236, § 20; April 11.
§ 28-621 Repealed
History: L. 1953, ch. 212, § 21; Repealed, L. 1955, ch. 223, § 1; June 30.
§ 28-622 Increase in compensation of county employees in counties over 300,000, when; resolution
The board of county commissioners of any county having a population of more than three hundred thousand (300,000) is hereby authorized to provide by resolution between August 1 and September 1 of any year in which a general election falls for an increase of not to exceed five percent (5%) per annum in the compensation and salary of any employee of the county entitled thereto by reason of the employee job classification and merit rating system of such county. Such resolution may also provide for an increase in the amount of any aggregate allowance prescribed by statute for the payment of compensation and salaries of employees.
Such additional compensation shall be paid in equal monthly installments and may be paid even though such expenditure was not included in the county budget for the period in which such additional compensation is paid.
History: L. 1970, ch. 150, § 1; July 1.
§ 28-623 Same; protest petition; election
Upon petition containing the signatures of the number of taxpayers required by K.S.A. 1969 Supp. 62-901 to summon a grand jury in such county, to be presented to the county clerk no later than October 1 following the final publication in the official county paper of the said resolution, the county commissioners shall cause to be placed on the ballot at the next general election a question to be worded in substantially the following manner:
"Shall the budget of ______________ (here insert name of county) County be increased by ______________ (here insert exact sum) dollars effective on January 1, ______________ (here insert year) for the purpose of granting increases in the salaries of those employees of this county, entitled thereto by reason of the employee job classification and merit rating system, in an amount of ______________%, (here insert exact percentage) for the period commencing January 1, next, and for two (2) calendar years; provided that said increase shall not be granted to those county officials elected by popular vote.
Yes________
No________
(Vote either 'yes' or 'no')."
and a simple majority of those voting upon the question shall prevail.
History: L. 1970, ch. 150, § 2; July 1.
Article 7 Wyandotte County
§ 28-701 Compensation of certain officers and employees of Wyandotte county
All officers and employees of Wyandotte county shall receive for their services the compensation herein provided.
History: L. 1943, ch. 166, § 1; L. 1945, ch. 208, § 1; L. 1949, ch. 267, § 2; L. 1957, ch. 247, § 1; L. 1965, ch. 159, § 21; L. 1967, ch. 219, § 1; L. 1968, ch. 304, § 1; L. 1970, ch. 151, § 2; L. 1989, ch. 116, § 1; April 6.
§ 28-701a Repealed
History: L. 1972, ch. 153, § 23; L. 1973, ch. 175, § 29; L. 1974, ch. 361, § 34; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-701b Repealed
History: L. 1972, ch. 153, § 24; Repealed, L. 1973, ch. 175, § 72; November 1.
§ 28-701c Repealed
History: L. 1973, ch. 175, § 33; Repealed, L. 1976, ch. 197, § 1; July 1.
§ 28-702 Repealed
History: L. 1943, ch. 166, § 2; L. 1945, ch. 208, § 2; L. 1947, ch. 255, § 1; L. 1949, ch. 267, § 3; L. 1953, ch. 214, § 1; L. 1955, ch. 224, § 1; L. 1957, ch. 247, § 2; L. 1961, ch. 217, § 1; L. 1963, ch. 239, § 1; L. 1965, ch. 159, § 1; L. 1968, ch. 304, § 2; L. 1969, ch. 204, § 6; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-703 Repealed
History: L. 1943, ch. 166, § 3; L. 1945, ch. 208, § 3; L. 1947, ch. 255, § 2; L. 1949, ch. 267, § 4; L. 1953, ch. 214, § 2; L. 1955, ch. 224, § 2; L. 1957, ch. 247, § 3; L. 1961, ch. 217, § 2; L. 1963, ch. 239, § 2; L. 1965, ch. 159, § 2; L. 1969, ch. 204, § 7; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-704 Repealed
History: L. 1943, ch. 166, § 4; L. 1945, ch. 208, § 4; L. 1947, ch. 255, § 3; L. 1949, ch. 267, § 5; L. 1953, ch. 214, § 3; L. 1957, ch. 247, § 4; L. 1961, ch. 217, § 3; L. 1963, ch. 239, § 3; L. 1965, ch. 159, § 3; L. 1969, ch. 204, § 8; L. 1972, ch. 153, § 25; Repealed, L. 1973, ch. 175, § 72; November 1.
§ 28-705 Repealed
History: L. 1943, ch. 166, § 5; L. 1945, ch. 208, § 5; L. 1947, ch. 255, § 4; L. 1949, ch. 267, § 6; L. 1953, ch. 214, § 4; L. 1955, ch. 224, § 3; L. 1957, ch. 247, § 5; L. 1961, ch. 217, § 4; L. 1963, ch. 239, § 4; L. 1965, ch. 159, § 4; L. 1969, ch. 204, § 9; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-706 Sheriff's fees, mileage and transportation; deputies; jailers; jury clerk; matron; cook; feeding prisoners
In addition to the salary prescribed by section 22 of this act the sheriff shall be entitled to retain the fees and mileage paid him from sources without the state of Kansas. He shall not receive any fees or mileage paid him from any county within the state of Kansas, but shall turn over such fees to the county commissioners of his county. The county commissioners of said county are to provide such deputy sheriffs with motorcycles, and other suitable means of conveyance, for the proper discharge of their duties in enforcing the traffic laws and regulations for the operation of vehicles and motor vehicles on the public highways of the county and state.
The sheriff may appoint deputy sheriffs one (1) of whom shall be designated undersheriff. The sheriff shall appoint jailers, with the approval of the board of county commissioners and one jury clerk. The sheriff may appoint a woman not related to the sheriff, as matron of the county jail. Such matron shall be a member of the sheriff's force; shall have all the authority now delegated to a deputy sheriff and shall be subject to removal for cause. The sheriff shall with the approval of the board of county commissioners also appoint a cook who is to prepare the meals for the prisoners in the county jail. The county commissioners shall pay all the expenses for feeding the prisoners in the county jail. No contract shall ever be made with the sheriff or other persons for feeding the prisoners.
History: L. 1943, ch. 166, § 6; L. 1945, ch. 208, § 6; L. 1947, ch. 255, § 5; L. 1949, ch. 267, § 7; L. 1951, ch. 275, § 1; L. 1953, ch. 214, § 5; L. 1955, ch. 224, § 4; L. 1957, ch. 247, § 6; L. 1961, ch. 217, § 5; L. 1963, ch. 239, § 5; L. 1965, ch. 159, § 5; L. 1969, ch. 204, § 10; L. 1970, ch. 151, § 1; L. 1972, ch. 153, § 26; January 8, 1973.
§ 28-707 Transferred
Revisor's Note: Section transferred to 59-217.
§ 28-708 Repealed
History: L. 1943, ch. 166, § 8; L. 1945, ch. 208, § 8; L. 1947, ch. 255, § 7; L. 1949, ch. 267, § 9; L. 1953, ch. 214, § 7; L. 1955, ch. 224, § 5; L. 1957, ch. 247, § 8; L. 1961, ch. 217, § 7; L. 1963, ch. 239, § 7; L. 1965, ch. 159, § 7; L. 1969, ch. 204, § 11; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-709 Repealed
History: L. 1943, ch. 166, § 9; L. 1945, ch. 208, § 9; L. 1947, ch. 255, § 8; L. 1949, ch. 267, § 10; L. 1957, ch. 247, § 9; L. 1961, ch. 217, § 8; L. 1963, ch. 239, § 8; L. 1965, ch. 159, § 8; L. 1969, ch. 204, § 12; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-710 Repealed
History: L. 1943, ch. 166, § 10; L. 1945, ch. 208, § 10; L. 1947, ch. 255, § 9; L. 1949, ch. 267, § 11; L. 1951, ch. 276, § 1; L. 1957, ch. 247, § 10; L. 1961, ch. 217, § 9; L. 1963, ch. 239, § 9; L. 1965, ch. 159, § 9; L. 1969, ch. 204, § 13; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-711 Repealed
History: L. 1943, ch. 166, § 11; L. 1945, ch. 208, § 1; L. 1947, ch. 255, § 10; L. 1949, ch. 267, § 12; L. 1953, ch. 214, § 8; L. 1955, ch. 224, § 6; L. 1957, ch. 247, § 11; L. 1961, ch. 217, § 10; L. 1963, ch. 239, § 10; L. 1965, ch. 259, § 2; Repealed, L. 1969, ch. 310, § 66; July 1.
§ 28-712 Repealed
History: L. 1943, ch. 166, § 12; L. 1945, ch. 208, § 12; L. 1947, ch. 255, § 11; L. 1949, ch. 267, § 13; L. 1953, ch. 214, § 9; L. 1955, ch. 224, § 7; L. 1957, ch. 247, § 12; L. 1961, ch. 217, § 11; L. 1963, ch. 239, § 11; L. 1965, ch. 159, § 10; L. 1969, ch. 204, § 14; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-713 How salaries paid
All salaries of all the officers and of their deputies, assistants, and clerks, in such counties, shall be paid monthly by warrants signed by the chairman of the board of county commissioners, attested by the county clerk, and drawn on the county treasurer.
History: L. 1943, ch. 166, § 14; March 23.
§ 28-714 Application of K.S.A. 28-315 through 28-319
The provisions of sections 28-315, 28-316, 28-317, 28-318 and 28-319 of the Kansas Statutes Annotated shall apply to all of the officers, deputies, assistants, clerks and other persons mentioned in the act.
History: L. 1943, ch. 166, § 15; March 23.
§ 28-715 Repealed
History: L. 1945, ch. 208, § 14; L. 1947, ch. 255, § 13; L. 1949, ch. 267, § 14; L. 1953, ch. 214, § 10; L. 1955, ch. 224, § 8; L. 1957, ch. 247, § 13; L. 1961, ch. 217, § 12; L. 1963, ch. 239, § 12; L. 1965, ch. 159, § 11; L. 1969, ch. 204, § 15; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-716 Salaries of officials and employees in certain counties; tax levy, use of proceeds
In counties having a population of not less than one hundred eighty-five thousand (185,000) nor more than two hundred fifty thousand (250,000), the boards of county commissioners of said counties, in addition to the rate of levy authorized by K.S.A. 79-1946 and 79-1947, are hereby authorized to levy an additional tax of not to exceed six mills, to provide for salaries of officials and employees and other expenses as provided by law and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Said levy shall be in addition to all other expenses as provided by law.
History: L. 1949, ch. 267, § 17; L. 1951, ch. 277, § 1; L. 1953, ch. 214, § 16; L. 1955, ch. 224, § 9; L. 1957, ch. 247, § 14; L. 1963, ch. 239, § 20; L. 1965, ch. 159, § 18; L. 1979, ch. 52, § 141; July 1.
§ 28-717 Repealed
History: L. 1961, ch. 217, § 20; L. 1963, ch. 239, § 16; Repealed, L. 1965, ch. 164, § 20; June 30; Repealed, L. 1965, ch. 159, § 22; January 1, 1966.
§ 28-718 Provisions of K.S.A. 28-424 and 28-425 inapplicable to officers and employees where compensation increased by act
None of the provisions of sections 28-424 and 28-425 of the General Statutes Supplement of 1961 shall be applicable to any officer or employee whose salary or compensation is increased under the provisions of this act.
History: L. 1963, ch. 239, § 21; July 1.
§ 28-719 Sections K.S.A. 28-424 and 28-425 inapplicable to officers and employees where compensation increased by act
None of the provisions of K.S.A. 28-424 and 28-425 shall be applicable to any officer or employee whose salary or compensation is increased under the provisions of this act.
History: L. 1965, ch. 159, § 19; January 1, 1966.
§ 28-720 Repealed
History: L. 1967, ch. 219, § 2; L. 1969, ch. 204, § 17; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
§ 28-721 Same; monthly payments
The additional compensation provided for herein shall be paid in monthly installments to the deputies, assistants and employees of such county.
History: L. 1967, ch. 219, § 3; January 1, 1968.
Article 8 Counties of 100,000 or Less
§ 28-801 Application of act
This act shall apply to all counties having a population of not more than one hundred thousand (100,000).
History: L. 1957, ch. 242, § 1; L. 1967, ch. 220, § 1; January 1, 1968.
§§ 28-802 through 28-805 Repealed
History: L. 1957, ch. 242, §§ 2 to 5; L. 1961, ch. 218, §§ 1, 8, 2, 3; L. 1963, ch. 240, §§ 1, 8, 2, 3; L. 1965, ch. 263, §§ 1 to 4; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-806 Repealed
History: L. 1957, ch. 242, § 6; L. 1961, ch. 219, § 1; L. 1967, ch. 220, § 6; L. 1973, ch. 175, § 59; L. 1974, ch. 171, § 1; Repealed, L. 1975, ch. 269, § 14; July 1.
§§ 28-807, 28-808 Repealed
History: L. 1957, ch. 242, §§ 7, 8; L. 1961, ch. 218, §§ 4, 5; L. 1963, ch. 240, §§ 4, 5; L. 1965, ch. 263, §§ 5, 6; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-808a Repealed
History: L. 1959, ch. 190, § 1; L. 1963, ch. 243, § 1; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-809 Repealed
History: L. 1957, ch. 242, § 9; L. 1961, ch. 218, § 6; L. 1963, ch. 240, § 6; L. 1965, ch. 263, § 7; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-810 Repealed
History: L. 1957, ch. 242, § 10; L. 1959, ch. 188, § 1; L. 1961, ch. 218, § 7; L. 1963, ch. 240, § 7; L. 1965, ch. 263, § 8; L. 1967, ch. 220, § 8; L. 1969, ch. 201, § 1; L. 1972, ch. 153, § 2; L. 1973, ch. 186, § 41; L. 1973, ch. 175, § 2; L. 1974, ch. 361, § 35; Repealed, L. 1977, ch. 146, § 1; July 1.
§ 28-811 Additional compensation for certain county officers and employees
All county officers, their deputies, assistants and employees, except the officers whose salaries are fixed by sections 2 to 12, both sections inclusive, of this act, and except the assistant county attorney of any county having a population of more than forty thousand (40,000) and an assessed tangible valuation of more than sixty million dollars ($60,000,000) and not more than seventy-five million dollars ($75,000,000), shall receive compensation in the amount of twenty percent (20%) of the salary fixed by statute for each such officer, deputy, assistant or employee, and such compensation shall be in addition to the salary fixed by statute. Such additional compensation shall be paid in equal monthly installments and may be paid even though such expenditure was not included in the county budget for the period in which such additional compensation is paid.
History: L. 1957, ch. 242, § 11; L. 1967, ch. 220, § 11; January 1, 1968.
§ 28-812 Monthly payment of salaries
All salaries prescribed by this act shall be paid in equal monthly installments.
History: L. 1957, ch. 242, § 12; L. 1967, ch. 220, § 16; January 1, 1968.
§ 28-813 Population determined by enumeration; salary changes effective, when
The salaries fixed by this act shall be determined by the enumeration of population by the Kansas department of agriculture and changes in salaries shall be effective beginning with the salaries for the month of January of the year succeeding the year in which the enumeration is made.
History: L. 1957, ch. 242, § 13; L. 1967, ch. 220, § 17; L. 2004, ch. 101, § 76; July 1.
§ 28-814 Repealed
History: L. 1957, ch. 242, § 14; Repealed, L. 1965, ch. 263, § 10; January 1, 1966.
§ 28-815 Repealed
History: L. 1965, ch. 263, § 9; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-816 Repealed
History: L. 1967, ch. 220, § 2; L. 1969, ch. 201, § 2; L. 1970, ch. 152, § 1; L. 1972, ch. 153, § 3; L. 1973, ch. 175, § 3; L. 1974, ch. 361, § 36; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-817 Repealed
History: L. 1967, ch. 220, § 3; L. 1968, ch. 332, § 1; L. 1969, ch. 201, § 3; L. 1972, ch. 153, § 4; L. 1973, ch. 175, § 4; L. 1974, ch. 361, § 37; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-818 Repealed
History: L. 1967, ch. 220, § 4; L. 1969, ch. 201, § 4; L. 1972, ch. 153, § 5; L. 1973, ch. 175, § 5; L. 1974, ch. 361, § 38; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-819 Transferred
Revisor's Note: Section transferred to 59-215.
§ 28-820 Repealed
History: L. 1967, ch. 220, § 7; L. 1969, ch. 201, § 6; L. 1972, ch. 153, § 7; L. 1973, ch. 175, § 8; L. 1974, ch. 361, § 39; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-820a Repealed
History: L. 1967, ch. 220, § 7; L. 1969, ch. 201, § 6; L. 1972, ch. 93, § 26; Repealed, L. 1973, ch. 175, § 72; November 1.
§ 28-821 Repealed
History: L. 1967, ch. 220, § 9; L. 1968, ch. 361, § 1; L. 1969, ch. 201, § 7; L. 1972, ch. 153, § 8; L. 1973, ch. 175, § 9; L. 1974, ch. 361, § 40; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-822 Repealed
History: L. 1967, ch. 220, § 10; L. 1969, ch. 201, § 8; L. 1972, ch. 153, § 9; L. 1973, ch. 175, § 10; L. 1974, ch. 361, § 41; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-823 Repealed
History: L. 1967, ch. 220, § 13; Repealed, L. 1978, ch. 353, § 2; July 1.
§ 28-824 Assistants, deputies, clerks, stenographers; salaries and compensation
The board of county commissioners of all counties shall allow such reasonable sums for salaries and compensation of assistants, deputies, clerks and stenographers as may be necessary to properly expedite the business of the several offices of the county.
History: L. 1967, ch. 220, § 14; January 1, 1968.
§ 28-825 Appointive county officers; salaries
The board of county commissioners of all counties shall by resolution determine and establish the salaries of all appointive county officers, not otherwise provided by law.
History: L. 1967, ch. 220, § 15; January 1, 1968.
§ 28-826 Military establishment defined
The term "military establishment" as used in this act shall not include a missile base or site, military radar installation, or active reserve and national guard units.
History: L. 1967, ch. 220, § 18; January 1, 1968.
§ 28-827 Inapplicability of K.S.A. 28-424, 28-425
None of the provisions of K.S.A. 28-424 and 28-425 shall be applicable to any officer or employee whose salary or compensation is fixed by the provisions of this act.
History: L. 1967, ch. 220, § 19; January 1, 1968.
§ 28-828 Inapplicability of K.S.A. 28-424 and 28-425
None of the provisions of K.S.A. 28-424 and 28-425 shall be applicable to any officer or employee whose salary or compensation is fixed by the provisions of this act.
History: L. 1969, ch. 201, § 11; July 1.
§ 28-829 Transferred
Revisor's Note: Section transferred to 20-317a.
§ 28-830 Repealed
History: L. 1969, ch. 201, § 12; Repealed, L. 1976, ch. 198, § 1; July 1.
§ 28-831 Reimbursement of certain county officers and employees where compensation reduced by changes in population
If the salary of any officer or employee whose salary or compensation was fixed before the effective date of this act by the provisions of article 8 of chapter 28 of the Kansas Statutes Annotated, or acts amendatory thereof or supplemental thereto, has been reduced during the calendar year 1972 as a result of a change in population of the county, the board of county commissioners of such county shall reimburse such officer or employee for such loss of salary until otherwise provided by law.
History: L. 1972, ch. 155, § 1; July 1.
Article 9 Certain Counties Under 100,000 (Not in active use)
§ 28-901 Repealed
History: L. 1957, ch. 248, § 1; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§§ 28-902 through 28-905 Repealed
History: L. 1957, ch. 248, §§ 2 to 5; L. 1961, ch. 218, §§ 9 to 12; L. 1963, ch. 240, §§ 9 to 12; L. 1965, ch. 264, §§ 1 to 4; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-906 Repealed
History: L. 1957, ch. 248, § 6; L. 1961, ch. 218, § 13; L. 1963, ch. 240, § 13; Repealed, L. 1965, ch. 164, § 20; June 30.
§§ 28-907, 28-908 Repealed
History: L. 1957, ch. 248, §§ 7, 8; L. 1961, ch. 218, §§ 14, 15; L. 1963, ch. 240, §§ 14, 15; L. 1965, ch. 264, §§ 5, 6; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-909 Repealed
History: L. 1957, ch. 248, § 9; L. 1961, ch. 218, § 16; L. 1963, ch. 240, § 16; Repealed, L. 1969, ch. 310, § 66; July 1.
§§ 28-910, 28-911 Repealed
History: L. 1957, ch. 248, §§ 10, 11; L. 1961, ch. 218, §§ 17, 18; L. 1963, ch. 240, §§ 17, 18; L. 1965, ch. 264, §§ 7, 8; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-912 Repealed
History: L. 1957, ch. 248, § 12; L. 1961, ch. 218, § 19; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-913 Repealed
History: L. 1957, ch. 248, § 13; L. 1961, ch. 218, § 20; L. 1963, ch. 240, § 19; L. 1965, ch. 264, § 9; L. 1968, ch. 253, § 1; Repealed, L. 1969, ch. 201, § 14; July 1.
§§ 28-914 through 28-916 Repealed
History: L. 1957, ch. 248, §§ 14 to 16; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-917 Repealed
History: L. 1965, ch. 264, § 10; Repealed, L. 1967, ch. 220, § 20; January 1, 1968.
§ 28-918 Repealed
History: L. 1971, ch. 136, § 1; L. 1972, ch. 156, § 1; Repealed, L. 1973, ch. 175, § 72; November 1.
§§ 28-919 through 28-934 Repealed
History: L. 1971, ch. 136, §§ 2 to 17; Repealed, L. 1973, ch. 175, § 72; November 1.
Article 10 Counties Designated Urban Areas
§ 28-1001 Repealed
History: L. 1965, ch. 207, § 1; L. 1974, ch. 361, § 42; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-1002 Repealed
History: L. 1965, ch. 207, § 2; L. 1967, ch. 221, § 1; L. 1968, ch. 299, § 1; L. 1969, ch. 206, § 1; L. 1972, ch. 153, § 27; L. 1973, ch. 175, § 34; L. 1974, ch. 361, § 43; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-1002a Repealed
History: L. 1968, ch. 299, § 2; Repealed, L. 1974, ch. 361, § 97; January 13, 1975.
§ 28-1003 Repealed
History: L. 1965, ch. 207, § 3; L. 1969, ch. 206; § 2; Repealed, L. 1974, ch. 361, § 97; January 13, 1975.
§ 28-1004 Repealed
History: L. 1965, ch. 207, § 4; L. 1974, ch. 361, § 44; Repealed, L. 1976, ch. 122, § 1; July 1.
§ 28-1005 Fees and mileage received by sheriff to county general fund
The sheriff shall turn over to the county treasurer for deposit in the county general fund all fees received and mileage paid him from all sources.
History: L. 1965, ch. 207, § 5; July 1.
§ 28-1006 Fees and income collected by officials to county general fund, exceptions
All county officers and employees shall collect from others than the county in which said offices are located all fees now authorized by law. All such fees and income of their respective offices from every source whatsoever, 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 herein 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 fees and other income collected are correctly set forth therein. All such fees and income shall be placed by said treasurer to the credit of the county's general fund. The county attorney may receive and retain the fees otherwise provided by law for his or her services in prosecutions and proceedings, both civil and criminal, against violators of the laws relating to intoxicating liquors and gambling.
History: L. 1965, ch. 207, § 6; L. 1969, ch. 206, § 3; L. 1971, ch. 140, § 1; L. 1976, ch. 145, § 154; L. 1977, ch. 112, § 15; May 14.
§ 28-1007 Fee books
All of the above officers and other persons now authorized to collect fees from the public, and from any source excepting the county in which their offices are situated, shall keep fee books in forms to be prescribed by the county auditor and approved by the board of county commissioners, in which shall be entered all fees and income from any source whatsoever that may be received by them, in their official capacity.
History: L. 1965, ch. 207, § 7; July 1.
§ 28-1008 Unlawful acts; penalty; forfeiture of office
Any officer, deputy, assistant or clerk mentioned in this act or whose salary or compensation is herein provided for or authorized, who shall ask or receive any fee or reward in money or its equivalent not authorized by this act or the laws of this state, or who shall fail to make out and file any report herein provided for, or who shall fail to pay to the county treasurer any fees or income collected by him in the time and manner prescribed by this act, or who shall fail, neglect or refuse to perform any duty enjoined upon him by this act, shall for each offense be adjudged guilty of a misdemeanor and fined in any sum not exceeding three hundred dollars ($300) or confined in the county jail for not to exceed one (1) year or shall receive a sentence of both such fine and imprisonment. And such failure to perform any of the duties prescribed by this act shall be a forfeiture of office and upon the judgment of any court of competent jurisdiction in a civil action that such officer, deputy, assistant or clerk has forfeited such office, he shall stand suspended during any appeal therefrom. Except the fees of the county attorney in civil and criminal proceedings under the laws relating to intoxicating liquors and gambling and otherwise provided by law.
History: L. 1965, ch. 207, § 8; July 1.
§ 28-1009 Salaries paid monthly; warrants
All salaries of all the officers and of their deputies, assistants, and clerks, in such counties, shall be paid monthly by warrants signed by the chairman of the board of county commissioners, attested by the county clerk, and drawn on the county treasurer.
History: L. 1965, ch. 207, § 9; July 1.
§ 28-1010 Provisions of K.S.A. 28-424, 28-425, inapplicable to officers and employees under act
None of the provisions of K.S.A. 28-424 and 28-425 shall be applicable to any officer or employee whose salary or compensation is increased under the provisions of this act.
History: L. 1965, ch. 207, § 10; July 1.
§ 28-1011 Provisions of article 7, chapter 28, inapplicable to counties under this act
The provisions of article 7, chapter 28 of the Kansas Statutes Annotated shall not apply to any county to which this act is applicable.
History: L. 1965, ch. 207, § 11; July 1.
Article 11 Clerks of the District Courts (Not in active use)
§ 28-1101 Repealed
History: L. 1973, ch. 175, § 6; L. 1974, ch. 361, § 45; Repealed, L. 1976, ch. 199, § 4; July 1.
§ 28-1102 Repealed
History: L. 1937, ch. 233, § 11; L. 1943, ch. 164, § 10; L. 1945, ch. 205, § 10; L. 1947, ch. 253, § 9; L. 1949, ch. 266, § 11; L. 1953, ch. 210, § 11; L. 1957, ch. 245, § 11; L. 1959, ch. 187, § 10; L. 1961, ch. 213, § 14; L. 1963, ch. 242, § 13; L. 1965, ch. 261, § 11; L. 1967, ch. 213, § 8; L. 1969, ch. 202, § 7; L. 1973, ch. 175, § 17; L. 1974, ch. 361, § 46; Repealed, L. 1976, ch. 199, § 4; July 1.
§ 28-1103 Repealed
History: L. 1973, ch. 175, § 30; L. 1974, ch. 361, § 47; Repealed, L. 1978, ch. 112, § 5; July 1.
§ 28-1104 Repealed
History: L. 1973, ch. 175, § 36; L. 1974, ch. 361, § 48; Repealed, L. 1978, ch. 112, § 5; July 1.
§ 28-1105 Repealed
History: L. 1941, ch. 236, § 11; L. 1943, ch. 165, § 9; L. 1945, ch. 206, § 9; L. 1947, ch. 254, § 10; L. 1949, ch. 268, § 10; L. 1951, ch. 274, § 9; L. 1953, ch. 212, § 8; L. 1955, ch. 222, § 7; L. 1957, ch. 246, § 10; L. 1961, ch 214, § 7; L. 1963, ch. 238, § 14; L. 1965, ch. 262, § 8; L. 1967, ch. 214, § 11; L. 1969, ch. 205, § 9; L. 1971, ch. 105, § 4; L. 1972, ch. 153, § 17; L. 1973, ch. 175, § 26; L. 1974, ch. 361, § 49; Repealed, L. 1978, ch. 112, § 5; July 1.