Committee hears bill to let county law library filing fees fund court access projects

Senate Bill 53 would change the composition of county law library boards in many Kansas counties and allow an additional category of filing fees to be used for District Court purposes if the board of trustees authorizes it.

The bill would amend KSA 23-127 to specify that, for counties other than Johnson, Sedgwick and Douglas, the Board of Trustees of the County Law Library would consist of the district judge or judges and "not fewer than 2 attorneys who reside in the county," appointed by the chief judge. The bill also would add fees collected under KSA 20-31-29 to the list of law library funds that a board can authorize for "facilitating and enhancing functions of the District Court of the county." Jason Thompson, the committee reviser, briefed the panel on the bill and said it came to the committee via the Senate and passed the Senate 40-0.

Chief Judge Grant Bannister, testifying in support for the Kansas District Judges Association, said the change addresses two linked issues: board membership and the use of a small portion of court filing fees. "All counties have law library funds that are established by statute. All funds stay local," Bannister said. He described the second fee source as a "small fraction of court filing fees," and argued the bill would prevent those monies from becoming "a stranded asset" by allowing them to be put toward access-to-justice efforts such as self-help legal centers, online legal resources, public Wi-Fi, device checkout programs and some courtroom technology.

Committee members asked practical questions about implementation. Representative Michael Goddard asked what happens in counties that might not have two resident attorneys; Thompson replied the statute would still specify two attorneys and suggested proponents address that practical concern. Bannister said some counties have adapted their library services by moving to online subscriptions or partnering with public libraries; he said Manhattan houses its law library at the Manhattan Public Library where patrons can access paid research subscriptions. Representative John Carmichael and Representative Osman asked about the county role and the statutory basis for docket fees; Bannister said the state framework provides uniformity and may reflect limits on counties'ability to assess docket fees without statutory authorization.

The bill sets July 1 as its effective date for the statutory changes described and the Senate sponsor recorded a 40-0 vote in that chamber. Proponents urged the committee to allow both sources of law library revenue to be used in the same manner so local boards can expand access to legal information and related services.

No opponents or neutral testimonies were offered at the hearing.

If the committee advances SB 53, the bill would leave ultimate spending decisions to the county law library board of trustees; the bill would add the specified filing fee authority to the existing statutory listing for permissible uses.