Session of 2025
SENATE BILL No. 53
By Committee on Judiciary
1-21
AN ACT concerning county law libraries; relating to the board of trustees
thereof; providing that the attorney members of the board in certain
counties shall be appointed by the chief judge of the judicial district;
allowing the board to authorize the chief judge to use certain fees for
the purpose of facilitating and enhancing functions of the district court
of the county; amending K.S.A. 20-3127 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 20-3127 is hereby amended to read as follows: 20-
3127. (a) Except as provided further, all fees collected pursuant to K.S.A.
20-3126, and amendments thereto, shall be used to establish and maintain
the county law library. A board of trustees, appointed as provided in this
section, shall have the management and control of such library and shall
use the fees paid for registration, and all other sums, books, or library
materials or equipment donated or provided by law, for the purpose of
establishing and maintaining such library. Such library shall be
established or maintained in the county courthouse or other suitable place
to be provided and maintained by the county commissioners of such
county, including acquiring and maintaining materials and technology that
may, at the discretion of the board of trustees, be loaned to library users for
use outside the premises of the library. The district judge or district judges
of the district court, members of the bar who have registered and paid the
fee provided for in K.S.A. 20-3126, and amendments thereto, judges of all
other courts in the county and county officials shall have the right to use
the library in accordance with the rules and regulations established by the
board of trustees. The board of trustees shall develop guidelines to provide
members of the public reasonable access to the law library.
(b) (1) The board of trustees of any law library established or
governed under this act in Johnson, Sedgwick and Douglas counties shall
consist of the following five members:
(A) Two judges of the district court, appointed by a consensus of all
judges of the district court in such county; and
(B) three members of such county's bar association, appointed by
selection of the county bar association pursuant to the county bar
association's bylaws for two-year terms.
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(2) The board of trustees of the law library in all other counties shall
consist of the district judge or judges of the district court presiding in such
county and not less fewer than two attorneys who shall be elected for two-
year terms by a majority of the attorneys residing in the county reside in
such county, appointed by the chief judge of the judicial district.
(c) The clerk of the district court of the county shall be treasurer of
the library and shall safely keep the funds of such library and disburse
them as the trustees shall direct. The clerk shall be liable on an official
bond for any failure, refusal or neglect in performing such duties.
(d) The board of county commissioners of any county designated an
urban area pursuant to K.S.A. 19-2654, and amendments thereto, wherein
in which an election has been held to come under the provisions of this act
is hereby authorized to appoint, by and with the advice and consent of the
board of trustees of the law library of such county, a librarian, who and
library assistants as are necessary to perform the duties of administering
the law library. Such librarian shall act as custodian of the law library of
such county and shall assist in the performance of the clerk's duties as
treasurer thereof, and such assistants as are necessary to perform the duties
of administering the law of the library. The librarian and any assistants so
appointed shall be employees of the county under the supervision of the
board of county commissioners, or the board's designated official, with the
advice and recommendations of the board of trustees of the law library,
and shall be subject to the personnel policies and procedures established
by the board of county commissioners for all employees of the county. The
librarian and any assistants shall receive as compensation such salaries and
benefits as established by the law library board of trustees, subject to the
approval of the board of county commissioners, which. Such salaries and
benefits shall be payable from the general fund of the county, through the
county payroll process, from funds budgeted and made available by the
law library board of trustees for that purpose through the collection of fees
or other funds authorized by this act.
(e) All attorneys registered under this act shall not be liable to pay
any occupational tax or city license fees levied under the laws of this state
by any municipality.
(f) (1) Except as provided by subsection (f)(2), the board of trustees
of a county law library established pursuant to this section may authorize
the chief judge of the judicial district to use fees collected pursuant to
K.S.A. 20-3126 and 20-3129, and amendments thereto, for the purpose of
facilitating and enhancing functions of the district court of the county. No
judge shall participate in any decision made by the board of trustees of a
county law library pursuant to this paragraph to authorize the chief judge
of the judicial district to use fees collected pursuant to K.S.A. 20-3126 and
20-3129, and amendments thereto.
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(2) The provisions of subsection (f)(1) shall not apply to the board of
trustees of any law library established in Johnson and Sedgwick counties.
Sec. 2. K.S.A. 20-3127 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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