SENATE BILL No. 564
deeds; relating to the use thereof; amending K.S.A. 28-115 and repealing the existing
Section 1. K.S.A. 28-115 is hereby amended to read as follows: 28-
115. (a) The register of deeds of each county shall charge and collect the
suant to subsection (a), the register of deeds shall charge and collect an
additional fee of $2 per page for recording:
(1) The first page of any deeds, mortgages or other instruments of
writing, not to exceed legal size--81/2" x 14" ;
(2) the second page and each additional page or fraction of any deeds,
mortgages or instruments of writing; and
(3) a release or assignment of real estate mortgage.
Any fees collected pursuant to this subsection shall be paid by the reg-
ister of deeds to the county treasurer. The county treasurer shall deposit
such funds in the register of deeds technology fund as provided by section
2, and amendments thereto.
(c) For any filing or service provided for in the uniform commercial
code, the amount therein provided, shall be charged and collected. No
fee shall be charged or collected for any filing made by the department
of revenue as required under the provisions of the Kansas inheritance tax
act, and amendments thereto. All fees enumerated in this section, except
those charged for the filing of liens and releases of tax liens under the
internal revenue laws of the United States, shall be due and payable be-
fore the register of deeds shall be required to do the work. If the register
of deeds fails to collect any of the fees provided in this section, the amount
of the fees at the end of each quarter shall be deducted from the register's
salary. The register of deeds shall bill the United States internal revenue
service on the last day of each month for the amount of fees accrued in
the filing and releasing of federal tax liens.
(d) If the name or names of the signer or signers or any notary public
to any instrument to be recorded are not plainly typed or printed under
the signatures affixed to the instrument, the register of deeds shall charge
and collect a fee of $1 in addition to all other fees provided in this section.
(e) If sufficient space is not provided for the necessary recording in-
formation and certification on a document, such recording information
shall be placed on an added sheet and such sheet shall be counted as a
page. The document shall be of sufficient legibility so as to produce a
clear and legible reproduction thereof. If a document is judged not to be
of sufficient legibility so as to produce a clear and legible reproduction,
such document shall be accompanied by an exact copy thereof which shall
be of sufficient legibility so as to produce a clear and legible reproduction
thereof and which shall be recorded contemporaneously with the docu-
ment and shall be counted as additional pages. The register of deeds may
reject any document which is not of sufficient legibility so as to produce
a clear and legible reproduction thereof.
(f) Any document which was filed on or after January 1, 1989, which
was of a size print or type smaller than 8-point type but which otherwise
was properly filed shall be deemed to be validly filed.
(g) All fees required to be collected pursuant to this section, except
internal revenue laws of the United States, shall be due and payable before
the register of deeds shall be required to do the work. If the register of
deeds fails to collect any of the fees provided in this section, the amount
(h) Except as otherwise provided by subsection (b), all fees provided
for in required to be collected pursuant to this section shall be paid by
the register of deeds to the county treasurer and deposited into the gen-
eral fund of the county.
New Sec. 2. (a) There is hereby created in each county a register of
deeds technology fund.
(b) Upon receipt thereof, the county treasurer shall credit to the reg-
ister of deeds technology fund of the county all moneys attributable to
the fees collected pursuant to subsection (b) of K.S.A. 28-115, and
(c) Moneys in the register of deeds technology fund shall be used by
the register of deeds to acquire equipment and technological services for
the storing, recording, archiving, retrieving, maintaining and handling of
data recorded or stored in the office of the register of deeds.
(d) Moneys in such fund shall not be subject to the provisions of
K.S.A. 79-2925 through 79-2937, and amendments thereto. In making
the budget of the county, the amounts credited to, and the amount on
hand in, such special fund and the amount expended from such fund shall
be shown on the budget for the information of the taxpayers of the county.
Any action taken by the register of deeds under this subsection shall be
in accordance with K.S.A. 19-1202, and amendments thereto.
(e) Moneys in such fund may be invested in accordance with the
provisions of K.S.A. 10-131, and amendments thereto, with interest
thereon credited to such fund.
(f) The fund shall be administered by the county treasurer who shall
pay out moneys from the fund upon orders signed by the register of
(g) At the end of any calendar year, if the balance in such fund ex-
ceeds $50,000 and the register of deeds indicates that such amount in
excess of $50,000 shall not be needed and is not designated for technol-
ogy, the county commission may authorize the transfer and use of such
excess moneys by other county offices for equipment or technological
services relating to the land or property records filed or maintained by
(h) If a charter form of government is adopted and implemented
pursuant to K.S.A. 19-2680 et seq., and amendments thereto, the provi-
sions of this section shall apply to the official, department or office which
performs the duties and functions prescribed for the office of the register
Sec. 3. K.S.A. 28-115 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
Approved April 24, 2002.
Date Composed: 10/10/2002 Date Modified: 10/10/2002