As Amended by Senate Committee
Session of 1997
SENATE BILL No. 125
By Committee on Ways and Means
10 AN ACT concerning motor vehicles; relating to the collection of regis-
11 tration and certificate of title fee funds; amending
K.S.A. 8-145c and
12 K.S.A. 1996 Supp. 8-145 and 8-145d and repealing the existing sections
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1996 Supp. 8-145 is hereby amended to read as
17 follows: 8-145. (a) All registration and certificates of title fees shall be paid
18 to the county treasurer of the county in which the applicant for registra-
19 tion resides or has an office or principal place of business within this state,
20 and the county treasurer shall issue a receipt in triplicate, on blanks fur-
21 nished by the division of vehicles, one copy of which shall be filed in the
22 county treasurer's office, one copy shall be delivered to the applicant and
23 the original copy shall be forwarded to the director of vehicles.
24 (b) The county treasurer shall deposit $.75 of each license applica-
25 tion, $.75 out of each application for transfer of license plate and $2 out
26 of each application for a certificate of title, collected by such treasurer
27 under this act, in a special fund, which fund is hereby appropriated for
28 the use of the county treasurer in paying for necessary help and expenses
29 incidental to the administration of duties in accordance with the provi-
30 sions of this law and extra compensation to the county treasurer for the
31 services performed in administering the provisions of this act, which com-
32 pensation shall be in addition to any other compensation provided by any
33 other law, except that the county treasurer shall receive as additional
34 compensation for administering the motor vehicle title and registration
35 laws and fees, a sum computed as follows: The county treasurer, during
36 the month of December, shall determine the amount to be retained for
37 extra compensation not to exceed the following amounts each year for
38 calendar year 1990 or any calendar year thereafter: The sum of $60 per
39 hundred registrations for the first 5,000 registrations; the sum of $45 per
40 hundred registrations for the next 5,000 registrations; and the sum of $2
41 per hundred registrations for all registrations thereafter. In no event,
42 however, shall any county treasurer be entitled to receive more than
43 $9,800 additional annual compensation.
1 If more than one person shall hold the office of county treasurer during
2 any one calendar year, such compensation shall be prorated among such
3 persons in proportion to the number of weeks served. The total amount
4 of compensation paid the treasurer together with the amounts expended
5 in paying for other necessary help and expenses incidental to the admin-
6 istration of the duties of the county treasurer in accordance with the
7 provisions of this act, shall not exceed the amount deposited in such spe-
8 cial fund. Any balance remaining in such fund at the close of any calendar
9 year shall be withdrawn and credited to the general fund of the county
10 prior to June 1 of the following calendar year.
The provisions of this subsection shall expire on June 30, 1997.
12 (c) All moneys in any special fund created pursuant to subsection (b)
13 prior to the effective date of this act are hereby transferred to the county
14 general fund. Any special fund created pursuant to subsection (b) prior
15 to the effective date of this act is hereby abolished. The county treasurer
16 shall remit the remainder of all such fees collected, together with the
17 original copy of all applications, to the secretary of revenue. Except as
18 provided in subsection (d) (e), all such fees remitted to the secretary of
19 revenue shall be deposited with the state treasurer and credited to the
20 state highway fund.
21 (d) From and after July 1, 1997, the county treasurer shall deposit
22 $.75 of each license application fee, $.75 of each application for transfer
23 of license plate fee and $2 of each application for certificate of title fee
24 collected by the treasurer under this act in the county general fund.
25 (d) Expenditures from the special fund created pursuant to sub-
26 section (b) shall be subject to: (1) The limitations of a budget pre-
27 pared and made available to the board of county commissioners by
28 the county treasurer for expenditures from the fund; (2) personnel
29 policies and procedures established by the board of county com-
30 missioners for all employees other than elected officials; (3) any pay
31 plan established by the board of county commissioners for all
32 county employees other than elected officials; (4) any applicable
33 collective bargaining agreements or civil service system; and (5) any
34 county purchasing policies applicable to all other elected officials.
35 If the county treasurer makes improper expenditures from such
36 special fund, the county or district attorney may bring a civil action
37 in the district court and, if the court finds the county treasurer has
38 made improper expenditures or has otherwise violated the provi-
39 sions of this subsection, the court may order a forfeiture to the
40 county general fund of any portion of the county treasurer's addi-
41 tional compensation authorized under subsection (b).
42 (d) (e) (1) On July 1, 1996, through June 30, 1997, $2.35 of each
43 certificate of title fee collected and remitted to the secretary of revenue,
1 shall be deposited with the state treasurer and credited to the Kansas
2 highway patrol motor vehicle fund, and $1.15 of each certificate of title
3 fee collected and remitted to the secretary of revenue, shall be deposited
4 with the state treasurer and credited to the VIPS/CAMA technology hard-
5 ware fund.
6 (2) On July 1, 1997, through June 30, 1999, $2.50 of each certificate
7 of title fee collected and remitted to the secretary of revenue, shall be
8 deposited with the state treasurer and credited to the Kansas highway
9 patrol motor vehicle fund, and, $1 of each certificate of title fee collected
10 and remitted to the secretary of revenue, shall be deposited with the state
11 treasurer and credited to the VIPS/CAMA technology hardware fund.
Sec. 2. K.S.A. 8-145c is hereby amended to read as follows: 8-145c.
13 The owner of any vehicle, the registration number plate of which has
14 been removed and recovered by the sheriff, may complete the registration
15 of such vehicle and receive such registration number plate by paying to
16 the county treasurer the full amount of the license fee for the registration
17 of such vehicle together with a penalty in the amount of five dollars ($5)
18 $5. The county treasurer shall deposit two dollars and fifty cents ($2.50)
19 $2.50 of each such penalty in the salary fund of the county sheriff's de-
20 partment and two dollars and fifty cents ($2.50) $2.50 of each such penalty
21 in the special fund created and established under the provisions of K.S.A.
22 8-145 county general fund.
23 Sec. 3. K.S.A. 1996 Supp. 8-145d is hereby amended to read as fol-
24 lows: 8-145d. In addition to the annual vehicle registration fees prescribed
25 by K.S.A. 8-143, 8-143b, 8-143c, 8-143g, 8-143h, 8-143i, 8-167, 8-172 and
26 8-195, and amendments to any of such sections thereto, any applicant for
27 vehicle registration or renewal thereof for registration or any applicant
28 for a placard or identification card issued under K.S.A. 8-1,125, and
29 amendments thereto, shall pay a service fee in the amount of $2.25 to
30 the county treasurer at the time of making such application. The county
31 treasurer shall deposit all amounts received under this section in the spe-
32 cial fund created pursuant to K.S.A. 8-145, and amendments thereto, and
33 such amounts shall be used by the county treasurer for all purposes for
34 which such fund has been appropriated by law, and such additional
35 amounts are hereby appropriated as other amounts deposited in such
36 county general fund.
37 Sec. 4. K.S.A. 8-145c and K.S.A. 1996 Supp. 8-145 and 8-145d are
38 hereby repealed.
39 Sec. 2. K.S.A. 1996 Supp. 8-145 is hereby repealed.
40 Sec. 5 3. This act shall take effect and be in force from and after its
41 publication in the statute book.