2 | | - | AN ACT concerning protection orders; prohibiting a sheriff from charging a fee for service |
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3 | | - | of process for proceedings under the protection from abuse act and the protection |
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4 | | - | from stalking, sexual assault or human trafficking act and similar proceedings based |
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5 | | - | on the laws of other jurisdictions; amending K.S.A. 28-110 and repealing the existing |
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6 | | - | section.. |
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| 3 | + | By Committee on Judiciary |
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| 4 | + | Requested by Meredith Fry on behalf of the Kansas Coalition Against Sexual & |
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| 5 | + | Domestic Violence |
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| 6 | + | 1-30 |
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| 7 | + | AN ACT concerning protection orders; prohibiting a sheriff from charging |
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| 8 | + | a fee for service of process for proceedings under the protection from |
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| 9 | + | abuse act and the protection from stalking, sexual assault or human |
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| 10 | + | trafficking act; amending K.S.A. 28-110 and repealing the existing |
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| 11 | + | section. |
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13 | | - | (2) On and after July 1, 2013, the sheriff of each Kansas county |
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14 | | - | shall charge a fee of $15 for serving, executing and returning any |
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15 | | - | process, except that no fee shall be charged for serving, executing and |
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16 | | - | returning any process for a proceeding pursuant to the protection from |
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17 | | - | abuse act as described in K.S.A. 60-3104, and amendments thereto, or |
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18 | | - | the protection from stalking, sexual assault and human trafficking act |
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19 | | - | as described in K.S.A. 60-31a04, and amendments thereto. |
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20 | | - | (b) Subject to subsection (e), the fee described in subsection (a) |
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21 | | - | shall be charged for serving, executing and returning process, as well as |
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22 | | - | for any unsuccessful attempts to serve, execute or return process. |
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23 | | - | (c) If more than one process for the same person in the same case |
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24 | | - | is issued and is in the hands of a sheriff at one time, the sheriff shall |
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25 | | - | charge a single fee for serving, executing and returning the processes. |
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26 | | - | (d) If more than one process for different persons at the same |
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27 | | - | address in the same case is issued and is in the hands of a sheriff at one |
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28 | | - | time, the sheriff shall charge a single fee for serving, executing and |
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29 | | - | returning the processes. |
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30 | | - | (e) Where return is not made or timely return is not made pursuant |
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31 | | - | to K.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be |
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| 18 | + | (2) On and after July 1, 2013, the sheriff of each Kansas county shall |
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| 19 | + | charge a fee of $15 for serving, executing and returning any process, |
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| 20 | + | except that no fee shall be charged for serving, executing and returning |
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| 21 | + | any process for a proceeding pursuant to the protection from abuse act as |
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| 22 | + | described in K.S.A. 60-3104, and amendments thereto, or the protection |
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| 23 | + | from stalking, sexual assault and human trafficking act as described in |
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| 24 | + | K.S.A. 60-31a04, and amendments thereto. |
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| 25 | + | (b) Subject to subsection (e), the fee described in subsection (a) shall |
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| 26 | + | be charged for serving, executing and returning process, as well as for any |
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| 27 | + | unsuccessful attempts to serve, execute or return process. |
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| 28 | + | (c) If more than one process for the same person in the same case is |
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| 29 | + | issued and is in the hands of a sheriff at one time, the sheriff shall charge a |
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| 30 | + | single fee for serving, executing and returning the processes. |
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| 31 | + | (d) If more than one process for different persons at the same address |
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| 32 | + | in the same case is issued and is in the hands of a sheriff at one time, the |
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| 33 | + | sheriff shall charge a single fee for serving, executing and returning the |
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| 34 | + | processes. |
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| 35 | + | (e) Where return is not made or timely return is not made pursuant to |
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| 36 | + | K.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be |
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33 | | - | and the timely return of the failed service. However, if service is |
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34 | | - | attempted and return is made showing no service because the person to |
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35 | | - | be served cannot be served at that address or there is no such address, |
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36 | | - | the fee in subsection (a) shall be charged for an alias summons at the |
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37 | | - | same address. |
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38 | | - | (f) Except as provided by K.S.A. 19-269, and amendments |
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39 | | - | thereto, a sheriff shall be reimbursed for the necessary transportation |
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40 | | - | and board expenses incurred while serving under requisition made by |
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41 | | - | the governor. |
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42 | | - | (g) All fees charged by a sheriff pursuant to this section for the |
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43 | | - | same case may be paid in one combined payment, in a form designated |
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44 | | - | by the sheriff, such as a check or money order. |
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45 | | - | (h) The state of Kansas and all municipalities in this state, as |
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46 | | - | defined in K.S.A. 12-105a, and amendments thereto, are hereby |
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47 | | - | exempt, in any civil action in which such state or municipality is |
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48 | | - | involved, from paying service of process fees prescribed by this |
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49 | | - | section. |
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50 | | - | (i) As used in this section, "process" means any summons, |
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51 | | - | pleading, writ, order or notice issued by a court clerk or court. HOUSE BILL No. 2182—page 2 |
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| 38 | + | and the timely return of the failed service. However, if service is attempted |
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| 39 | + | and return is made showing no service because the person to be served |
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| 73 | + | 34 HB 2182 2 |
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| 74 | + | cannot be served at that address or there is no such address, the fee in |
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| 75 | + | subsection (a) shall be charged for an alias summons at the same address. |
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| 76 | + | (f) Except as provided by K.S.A. 19-269, and amendments thereto, a |
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| 77 | + | sheriff shall be reimbursed for the necessary transportation and board |
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| 78 | + | expenses incurred while serving under requisition made by the governor. |
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| 79 | + | (g) All fees charged by a sheriff pursuant to this section for the same |
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| 80 | + | case may be paid in one combined payment, in a form designated by the |
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| 81 | + | sheriff, such as a check or money order. |
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| 82 | + | (h) The state of Kansas and all municipalities in this state, as defined |
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| 83 | + | in K.S.A. 12-105a, and amendments thereto, are hereby exempt, in any |
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| 84 | + | civil action in which such state or municipality is involved, from paying |
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| 85 | + | service of process fees prescribed by this section. |
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| 86 | + | (i) As used in this section, "process" means any summons, pleading, |
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| 87 | + | writ, order or notice issued by a court clerk or court. |
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