Kansas 2025-2026 Regular Session

Kansas House Bill HB2182 Compare Versions

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1+Session of 2025
12 HOUSE BILL No. 2182
2-AN ACT concerning protection orders; prohibiting a sheriff from charging a fee for service
3-of process for proceedings under the protection from abuse act and the protection
4-from stalking, sexual assault or human trafficking act and similar proceedings based
5-on the laws of other jurisdictions; amending K.S.A. 28-110 and repealing the existing
6-section..
3+By Committee on Judiciary
4+Requested by Meredith Fry on behalf of the Kansas Coalition Against Sexual &
5+Domestic Violence
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7+AN ACT concerning protection orders; prohibiting a sheriff from charging
8+a fee for service of process for proceedings under the protection from
9+abuse act and the protection from stalking, sexual assault or human
10+trafficking act; amending K.S.A. 28-110 and repealing the existing
11+section.
712 Be it enacted by the Legislature of the State of Kansas:
8-Section 1. K.S.A. 28-110 is hereby amended to read as follows:
9-28-110. (a) Except as otherwise provided in this section:
13+Section 1. K.S.A. 28-110 is hereby amended to read as follows: 28-
14+110. (a) Except as otherwise provided in this section:
1015 (1) On and after July 1, 2012 through June 30, 2013, the sheriff of
1116 each Kansas county shall charge a fee of $10 for serving, executing and
1217 returning any process.
13-(2) On and after July 1, 2013, the sheriff of each Kansas county
14-shall charge a fee of $15 for serving, executing and returning any
15-process, except that no fee shall be charged for serving, executing and
16-returning any process for a proceeding pursuant to the protection from
17-abuse act as described in K.S.A. 60-3104, and amendments thereto, or
18-the protection from stalking, sexual assault and human trafficking act
19-as described in K.S.A. 60-31a04, and amendments thereto.
20-(b) Subject to subsection (e), the fee described in subsection (a)
21-shall be charged for serving, executing and returning process, as well as
22-for any unsuccessful attempts to serve, execute or return process.
23-(c) If more than one process for the same person in the same case
24-is issued and is in the hands of a sheriff at one time, the sheriff shall
25-charge a single fee for serving, executing and returning the processes.
26-(d) If more than one process for different persons at the same
27-address in the same case is issued and is in the hands of a sheriff at one
28-time, the sheriff shall charge a single fee for serving, executing and
29-returning the processes.
30-(e) Where return is not made or timely return is not made pursuant
31-to K.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be
18+(2) On and after July 1, 2013, the sheriff of each Kansas county shall
19+charge a fee of $15 for serving, executing and returning any process,
20+except that no fee shall be charged for serving, executing and returning
21+any process for a proceeding pursuant to the protection from abuse act as
22+described in K.S.A. 60-3104, and amendments thereto, or the protection
23+from stalking, sexual assault and human trafficking act as described in
24+K.S.A. 60-31a04, and amendments thereto.
25+(b) Subject to subsection (e), the fee described in subsection (a) shall
26+be charged for serving, executing and returning process, as well as for any
27+unsuccessful attempts to serve, execute or return process.
28+(c) If more than one process for the same person in the same case is
29+issued and is in the hands of a sheriff at one time, the sheriff shall charge a
30+single fee for serving, executing and returning the processes.
31+(d) If more than one process for different persons at the same address
32+in the same case is issued and is in the hands of a sheriff at one time, the
33+sheriff shall charge a single fee for serving, executing and returning the
34+processes.
35+(e) Where return is not made or timely return is not made pursuant to
36+K.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be
3237 charged for subsequent processes that may be required to effect service
33-and the timely return of the failed service. However, if service is
34-attempted and return is made showing no service because the person to
35-be served cannot be served at that address or there is no such address,
36-the fee in subsection (a) shall be charged for an alias summons at the
37-same address.
38-(f) Except as provided by K.S.A. 19-269, and amendments
39-thereto, a sheriff shall be reimbursed for the necessary transportation
40-and board expenses incurred while serving under requisition made by
41-the governor.
42-(g) All fees charged by a sheriff pursuant to this section for the
43-same case may be paid in one combined payment, in a form designated
44-by the sheriff, such as a check or money order.
45-(h) The state of Kansas and all municipalities in this state, as
46-defined in K.S.A. 12-105a, and amendments thereto, are hereby
47-exempt, in any civil action in which such state or municipality is
48-involved, from paying service of process fees prescribed by this
49-section.
50-(i) As used in this section, "process" means any summons,
51-pleading, writ, order or notice issued by a court clerk or court. HOUSE BILL No. 2182—page 2
38+and the timely return of the failed service. However, if service is attempted
39+and return is made showing no service because the person to be served
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74+cannot be served at that address or there is no such address, the fee in
75+subsection (a) shall be charged for an alias summons at the same address.
76+(f) Except as provided by K.S.A. 19-269, and amendments thereto, a
77+sheriff shall be reimbursed for the necessary transportation and board
78+expenses incurred while serving under requisition made by the governor.
79+(g) All fees charged by a sheriff pursuant to this section for the same
80+case may be paid in one combined payment, in a form designated by the
81+sheriff, such as a check or money order.
82+(h) The state of Kansas and all municipalities in this state, as defined
83+in K.S.A. 12-105a, and amendments thereto, are hereby exempt, in any
84+civil action in which such state or municipality is involved, from paying
85+service of process fees prescribed by this section.
86+(i) As used in this section, "process" means any summons, pleading,
87+writ, order or notice issued by a court clerk or court.
5288 Sec. 2. K.S.A. 28-110 is hereby repealed.
5389 Sec. 3. This act shall take effect and be in force from and after its
5490 publication in the statute book.
55-I hereby certify that the above BILL originated in the HOUSE, and passed
56-that body
57-Speaker of the House.
58-Chief Clerk of the House.
59-
60-Passed the SENATE ______________________________________________________________________________
61-President of the Senate.
62-Secretary of the Senate.
63-APPROVED __________________________________________________________________________________________________
64-Governor.
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