Session Law

Identifying Information:L. 2002 ch. 098
Other Identifying Information:2002 Senate Bill 564
Tax Type:Other
Brief Description:An Act concerning counties; relating to fees charged and collected by the registers of deeds; relating to the use thereof; amending K.S.A. 28-115 and repealing the existing section.
Keywords:


Body:

CHAPTER 98

SENATE BILL No. 564


An Act concerning counties; relating to fees charged and collected by the registers of

deeds; relating to the use thereof; amending K.S.A. 28-115 and repealing the existing


section.


Be it enacted by the Legislature of the State of Kansas:

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

following fees:

For recording deeds, mortgages or other instruments of writing, for firstpage, not to exceed legal size page--81/2" x 14" $6.00
For second page and each additional page or fraction thereof2.00
Recording town plats, for each page20.00
Recording release or assignment of real estate mortgage5.00
Certificate, certifying any instrument on record1.00
Acknowledgment of a signature.50
For filing notices of tax liens under the internal revenue laws of the UnitedStates5.00
For filing releases of tax liens, certificates of discharge, under the internalrevenue laws of the United States or the revenue laws of the state ofKansas filed both prior to and after the effective date of this act 5.00
For filing liens for materials and services under K.S.A. 58-201, andamendments thereto5.00

(b) In addition to the fees required to be charged and collected pur-

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

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 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

of the fees at the end of each quarter shall be deducted from the register's

salary.

(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

amendments thereto.

(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

deeds.

(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

the county.

(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

of deeds.

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.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002