SS/SCS/HB 2562 - This act modifies provisions regarding nuisance abatement, abandoned properties, salaries of Kansas City police officers, public disclosure of divorce proceedings, courts, judicial retirement, municipal ordinance violations, circuit clerks, court reporter costs, guardian ad litem fees, the service of process after the expiration of the statute of limitations in certain cases, private probation services, and municipal prosecutors serving as circuit attorneys.
NUISANCE ABATEMENT (67.398, 67.410, 82.1025, 82.1027, 82.1028)
Currently, cities and counties may enact an ordinance to provide for the abatement of nuisances, and the ordinance must require notice to the property owner and, if the owner does not occupy the premises, to any occupant. This act removes the requirement that notice is to be given to any occupant.
This provision is identical to a provision in SCS/SB 553 (2018) and HCS/SB 780 (2018).
Additionally, cities may currently enact ordinances providing for vacation and mandatory demolition of buildings determined to be dangerous to the health, safety, or welfare of residents and declared to be a public nuisance, which must include notice by certified mail, personal service, or publication. This act provides that notice to interested parties may be served by a private delivery service, substantially equivalent to certified mail.
This provision is identical to a provision of SS/SCS/SB 553 (2018) and HCS/SB 780 (2018).
The act establishes the Neighborhood Restoration Act. Under current law, a property owner or a neighborhood organization in certain cities and counties may bring a nuisance action for damages or injunctive relief. This act includes the City of Springfield among those cities and counties which are regulated by these provisions.
These provisions are identical to SB 554 (2018) and SB 393 (2017) and to provisions in SCS/HB 1249 (2018).
ABANDONED PROPERTY (82.462)
This act allows a person in certain cities and counties, as described in the act, who is not the owner of the property or who is a creditor holding a lien interest on the property, and who suspects that the real property may be abandoned, to enter the premises to visually inspect the property to determine whether it is abandoned. If the person makes a good faith determination based on the inspection that the property is abandoned, the person may secure the property, remove trash or debris from the grounds, landscape, maintain, or mow the grounds, and remove or paint over graffiti.
This act defines what it means for a property to be "abandoned", and provides immunity for the person entering the property from claims of civil and criminal trespass and all other civil immunity, unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct.
This act specifies that, in the case of real property that is subject to a mortgage or deed of trust, the creditor holding the debt secured by the mortgage or deed of trust may not enter the premises of the real property if entry is barred by an automatic stay issued by a bankruptcy court.
This provision is similar to a provision in HCS/SB 780 (2018), SB 299 (2017), SB 742 (2016), and SB 228 (2015).
SALARIES OF KANSAS CITY POLICE OFFICERS (84.510)
This act raises the maximum compensation level for lieutenant colonels, majors, captains, sergeants, master patrol officers, master detectives, detectives, investigators, and police officers in Kansas City.
This provision is identical to SB 973 (2018) and HB 2070 (2018), and to provisions in HCS #2/SS/SB 704 (2018), HCS/SB 780 (2018), HCS/SS/SCS/SB 966 (2018), the truly agreed to and finally passed version of HB 1355 (2018), SS/SCS/HB 1442 (2018), and HCB 23 (2018).
PUBLIC AVAILABILITY OF DISSOLUTION OF MARRIAGE PROCEEDINGS (452.430)
The act provides that notwithstanding current law, which provides that it is misdemeanor for refusing to make government records open for inspection, dissolution of marriage court records are prohibited from being available to the public for inspection until 72 years following filing.
TREATMENT COURTS (208.151, 217.703, 478.001, 478.003, 478.004, 478.005, 478.007, 478.009, 478.446, 478.550, 478.600, 478.716, 488.2230, 488.5358, 577.001)
This act modifies provisions relating to speciality courts including DWI courts, drug courts, and veterans treatment courts.
This act allows judicial circuits to establish treatment court divisions. Such divisions shall have jurisdiction to hear cases involving substance-involved offenders and to make use of comprehensive supervision, drug or alcohol testing, and treatment services. The treatment court divisions may contain specialized courts such as adult treatment court, DWI court, family treatment court, juvenile treatment court, or veterans treatment court. Upon successful completion of the treatment court program, the charges or penalty against the offender may be dismissed, reduced, or modified.
The juvenile division of any circuit court may establish a juvenile treatment court. The juvenile division may refer juveniles to such court when the juvenile is determined to have committed acts that violate the criminal laws of the state and has a substance use disorder or co-occurring disorder, as defined in the act, which contributed to the commission of the offense.
A majority of the judges of the circuit court may designate one judge to hear cases in the treatment court division and act as a treatment court commissioner. The Supreme Court may assign a treatment court commissioner to serve in another treatment court division of another circuit, upon the approval of the presiding circuit judge of the receiving court.
Prior to each treatment court session, the treatment court team shall meet to discuss the treatment of a treatment court participant. A treatment court team shall consist of the judge, the treatment court administrator, the prosecutor, a public defender or member of the criminal defense bar, a representative from probation and parole, a representative from law enforcement, substance use disorder providers, and any other person selected by the treatment court team. The court shall make the final decision regarding the appropriate incentive or sanction to be applied to the participant based on information presented in the meeting.
When a defendant in a criminal case is determined eligible, the judge may order the defendant to the treatment court division for treatment 1) prior to the entry of the sentence; 2) as a condition of probation; or 3) upon consideration of a motion to revoke probation. A circuit that has a treatment court division may accept participants from any other jurisdiction based upon the residency of the participant in the receiving circuit or the unavailability of a treatment court in the transferring circuit. A transfer must be agreed upon by the parties to the action, the judge of the transferring court, and the judge of the receiving treatment court.
Each treatment court within a treatment court division shall establish criteria for determining eligibility of a participant in a treatment court and for determining successful completion of that treatment court program.
The Drug Courts Coordinating Commission is renamed the Treatment Courts Coordinating Commission, which is tasked with coordinating the allocation of resources to all treatment courts in the state. Likewise, the Drug Court Resources Fund is also renamed the Treatment Court Resources Fund. The Commission shall establish standards and practices for the courts of the treatment court divisions. Each treatment court shall adopt policies consistent with the standards established by the Commission. Treatment courts that do not comply with the Commission's standards shall be prohibited from accepting new participants and must submit a written plan for the completion of treatment for existing participants to the Commission and the Office of State Courts Administrator.
These provisions are substantially similar to provisions contained in SCS/HB 1249 (2018).
JUDICIAL RETIREMENT (476.521)
This act provides that a person who filed as a candidate in 2010 to become a judge, was eligible to receive an annuity under the MOSERS Year 2000 Plan as a member of the General Assembly or as a statewide elected official, and whose term as a judge began in 2011 is exempt from the provisions of the Judicial Retirement Plan 2011.
This provision is identical to a provision in SCS/HB 2044 (2018) and SCS/SB 1021 (2018).
MUNICIPAL ORDINANCE AND MINOR TRAFFIC VIOLATIONS (479.020, 479.190, 479.353, 479.354, 479.360)
Currently, a judge cannot serve as a municipal judge in more than five municipalities at one time. This act states that a court serving multiple municipalities shall be treated as a single municipality for the purposes of this requirement.
Excluding in the City of Lee's Summit, municipal judges and municipal court personnel, including prosecutors, are prohibited from supervising, hiring, firing, or disciplining a probation officer or probation personnel assigned by the municipality.
When an individual has been held in custody on a notice to show cause warrant for a minor traffic violation, this act allows the court to waive or reduce the original fine or sentence when reasonable.
A defendant must be given the date and time to appear in court at the same time he or she is given a notice to appear in court, citation, or summons for a minor traffic violation, and failure to provide such information shall render the notice to appear void.
These provisions are identical to provisions in SCS/HB 1249 (2018) and similar to provisions in SCS/HCB 1 (2017) and the truly agreed to and finally passed version of SB 128 (2017).
Additionally under current law, counties and towns with a municipal court must file with the State Auditor a report demonstrating compliance with certain municipal court procedures. One procedure is that the municipal court is to make use of community service alternatives at no cost to the defendant. This act removes the provision stating that the community service alternatives are to be offered at no cost to the defendant.
This provision is identical to a provision in SCS/HB 1249 (2018), HB 1475 (2018), the perfected version of SB 553 (2018), SCS/SB 692 (2018), and SB 520 (2017) and to SB 81 (2017).
CIRCUIT CLERKS (483.075)
The act provides that provisions requiring the clerk of the county commission to perform the duties of the circuit clerk when the circuit clerk is named a party to a suit do not apply when the circuit clerk is named a party in an expungement proceeding.
This provision is identical to a provision in the truly agreed to and finally passed version of SB 871 (2018).
COURT REPORTERS (488.2250)
Currently for the preparation of all appellate transcripts of testimony or for proceedings in any circuit court, the court reporter shall receive three dollars and fifty cents per page. This act repeals the specification that the court reporter is to receive three dollars and fifty cents per page in circuit court proceedings. Also, the act repeals the provision specifying that the court reporter is to be reimbursed three dollars and fifty cents per legal page for the preparation of such transcripts.
This provision is identical to a provision in the truly agreed to and finally passed version of SB 871 (2018), SCS/HB 1249 (2018), HB 1487 (2018), HB 2544 (2018), SCS/SB 169 (2017), HCS/HB 380 (2017), HCS/HB 597 (2017), SCS/HCB 1 (2017), and the truly agreed to and finally passed version of SB 128 (2017).
GUARDIAN AD LITEM FEES (514.040)
Under current law, when a party is represented in a civil action by a legal aid society, a legal services, or other certain nonprofit organization all costs and expenses may be waived without needing a motion and court approval if the society or organization files with the court a certification that the party is unable to pay such costs and expenses.
This act excludes guardian ad litem (GAL) fees from this provision of current law and requires an updated certification to be filed prior to a trial commencing when a GAL has been appointed. A party requesting the court to apportion GAL fees may make a motion to the court upon the conclusion of the action to review the fee waiver. Any party may present additional evidence on the financial condition of the parties and, based upon that evidence, the court may order the certifying party to pay a portion of the GAL fees if the court finds that party has the present ability to pay such fees.
Any failure to pay GAL fees shall not preclude a certifying party from filing future suits and shall not be used as a basis to limit the certifying party's prosecution or defense of the action.
These provisions are identical to the truly agreed to and finally passed version of HB 2101 (2018) and to provisions in SCS/HB 1249 (2018) and are similar to HB 2338 (2018).
SERVICE OF PROCESS AFTER EXPIRATION OF STATUTE OF LIMITATIONS (516.105, 537.100)
The act provides that in a claim against a health care provider for damages for malpractice or negligence when the defendant is served after the statute of limitations has expired, if such service is not made within one hundred eighty days of filing the petition, then the court shall dismiss the action.
Likewise, in an action for wrongful death when a defendant is served after the statute of limitations has expired and such service is not made within one hundred eighty days of the petition being filed, then the court shall dismiss the action.
In both circumstances the dismissal shall be without prejudice, unless the plaintiff has previously taken or suffered a nonsuit.
These provisions are identical to the provisions in the truly agreed to and finally passed version of SB 871 (2018) and HCS/HB 1793 (2018) and substantially similar to SB 809 (2018), provisions in SCS/SB 1102 (2018), and to SCS/SB 524 (2017).
PRIVATE PROBATION SERVICES (559.600)
The act provides that in cases of private misdemeanor drug probation services, the entity providing the private probation service shall utilize the Department of Corrections standards of drug screening. Additionally, the entity providing such services shall not require the clients to travel more than 50 miles to attend regular probation meetings.
This provision is identical to HB 1344 (2018) and to a provision in the truly agreed to and finally passed version of HB 1355 (2018).
PROSECUTORS (Section 1)
In counties with a population of more than 250,000 people, a person is prohibited from serving as a municipal prosecuting attorney and city attorney for the same political subdivision.
This provision is identical to a provision contained in SCS/HB 1249 (2018).
JESSI JAMES