As Amended by House Commettee

          Session of 1998
By Committee on Governmental Organization and Elections
          10             AN ACT concerning certain fees collected by the register of deeds;
11             amending K.S.A. 28-115 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 28-115 is hereby amended to read as follows: 28-
15       115. The register of deeds of each county shall charge and collect the
16       following fees:
17       For recording deeds, mortgages or other instruments of writing, for firstpage, not to exceed legal size page -- 81/2" * 14" $6.00
18       For second page and each additional page or fraction thereof 2.00
19       Recording town plats, for each page 20.00
20       Recording release or assignment of real estate mortgage   5.00 6.00
21       For second page and each additional page or fraction thereof 2.00
22       Certificate, certifying any instrument on record 1.00
23       Acknowledgment of a signature .50
24       For filing notices of tax liens under the internal revenue laws of the UnitedStates   5.00 6.00
25       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 6.00
26       For filing liens for materials and services under K.S.A. 58-201, andamendments thereto   5.00 6.00
27       For any filing or service provided for in the uniform commercial code,
28       the amount therein provided, shall be charged and collected. No fee shall
29       be charged or collected for any filing made by the department of revenue
30       as required under the provisions of the Kansas inheritance tax act, and
31       amendments thereto. All fees enumerated in this section, except those
32       charged for the filing of liens and releases of tax liens under the internal
33       revenue laws of the United States, shall be due and payable before the
34       register of deeds shall be required to do the work.   If the register of deeds
35       fails to collect any of the fees provided in this section, the amount of the
36       fees at the end of each quarter shall be deducted from the register's salary.
37       The register of deeds shall bill the United States internal revenue service
38       on the last day of each month for the amount of fees accrued in the filing

HB 2786--Am.


  1       and releasing of federal tax liens. If the name or names of the signer or
  2       signers or any notary public to any instrument to be recorded are not
  3       plainly typed or printed under the signatures affixed to the instrument,
  4       the register of deeds shall charge and collect a fee of $1 in addition to all
  5       other fees provided in this section.
  6           If sufficient space is not provided for the necessary recording infor-
  7       mation and certification on a document, such recording information shall
  8       be placed on an added sheet and such sheet shall be counted as a page.
  9       The document shall be of sufficient legibility so as to produce a clear and
10       legible reproduction thereof. If a document is judged not to be of suffi-
11       cient legibility so as to produce a clear and legible reproduction, such
12       document shall be accompanied by an exact copy thereof which shall be
13       of sufficient legibility so as to produce a clear and legible reproduction
14       thereof and which shall be recorded contemporaneously with the docu-
15       ment and shall be counted as additional pages. The register of deeds may
16       reject any document which is not of sufficient legibility so as to produce
17       a clear and legible reproduction thereof.
18           Any document which was filed on or after January 1, 1989, which was
19       of a size print or type smaller than 8-point type but which otherwise was
20       properly filed shall be deemed to be validly filed.
21           Except as otherwise provided, all fees provided for in this section shall
22       be paid by the register of deeds to the county treasurer and deposited
23       into the general fund of the county.
24           Sec. 2. K.S.A. 28-115 is hereby repealed.
25           Sec. 3. This act shall take effect and be in force from and after its
26       publication in the statute book.