SB 367--
Session of 1997
By Committee on Federal and State Affairs

9 AN ACT concerning mortgage registration fees; relating to the heritage 10 trust fund; amending K.S.A. 1996 Supp. 79-3102 and 79-3107b and 11 repealing the existing sections. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 1996 Supp. 79-3102 is hereby amended to read as 15 follows: 79-3102. (a) Before any mortgage of real property, or renewal or 16 extension of such a mortgage, is received and filed for record, there shall 17 be paid to the register of deeds of the county in which such property or 18 any part thereof is situated a registration fee of .26% .27% of the principal 19 debt or obligation which is secured by such mortgage. In the event the 20 mortgage states that an amount less than the entire principal debt or 21 obligation will be secured thereby, the registration fee shall be paid on 22 such lesser amount. 23 (b) As used herein, ``principal debt or obligation'' shall not include 24 any finance charges or interest. 25 (c) In any case where interest has been precomputed, the register of 26 deeds may require the person filing the mortgage to state the amount of 27 the debt or obligation owed before computation of interest. 28 (d) No registration fee whatsoever shall be paid, collected or required 29 for or on: (1) Any mortgage or other instrument given solely for the pur- 30 pose of correcting or perfecting a previously recorded mortgage or other 31 instrument; (2) any mortgage or other instrument given for the purpose 32 of providing additional security for the same indebtedness, where the 33 registration fee herein provided for has been paid on the original mort- 34 gage or instrument; (3) any mortgage or other instrument upon that por- 35 tion of the consideration stated in the mortgage tendered for filing which 36 is verified by affidavit to be principal indebtedness covered or included 37 in a previously recorded mortgage or other instrument with the same 38 lender or their assigns upon which the registration fee herein provided 39 for has been paid; (4) any lien, indenture, mortgage, bond or other in- 40 strument or encumbrance nor for the note or other promise to pay 41 thereby secured, all as may be assigned, continued, transferred, reissued 42 or otherwise changed by reason of, incident to or having to do with the 43 migration to this state of any corporation, by merger or consolidation with SB 367

 1  a domestic corporation as survivor, or by other means, where the original
 2  secured transaction, for which the registration fee has once been paid, is
 3  thereby continued or otherwise acknowledged or validated; (5) any mort-
 4  gage or other instrument given in the form of an affidavit of equitable
 5  interest solely for the purpose of providing notification by the purchaser
 6  of real property of the purchaser's interest therein; (6) any mortgage in
 7  which a certified development corporation certified by the United States
 8  small business administration participates pursuant to its community ec-
 9  onomic development program; (7) any mortgage or other instrument
10  given for the sole purpose of changing the trustee; or (8) any mortgage
11  for which the registration fee is otherwise not required by law.
12    (e)  The register of deeds shall receive no additional fees or salary by
13  reason of the receipt of fees as herein provided. After the payment of the
14  registration fees as aforesaid the mortgage and the note thereby secured
15  shall not otherwise be taxable.
16    Sec. 2.  K.S.A. 1996 Supp. 79-3107b is hereby amended to read as
17  follows: 79-3107b. (a) Except as provided in subsection (b), the county
18  treasurer shall pay quarterly to the state treasurer, commencing on Oc-
19  tober 1, 1990, $.01 $.02 of each $.26 $.27 paid to the county treasurer
20  during the preceding calendar quarter from mortgage registration fees
21  under K.S.A. 79-3101 to 79-3107, inclusive, and amendments thereto,
22  and credited to the county general fund under K.S.A. 79-3104, and
23  amendments thereto. All such moneys paid to the state treasurer shall be
24  deposited in the state treasury and credited to the heritage trust fund.
25    (b)  No payments under subsection (a) shall be made by the county
26  treasurer to the state treasurer during any calendar year in excess of a
27  total of $100,000. All moneys collected in excess of this amount which
28  under subsection (a) would be paid to the state treasurer shall be credited
29  to the county general fund.
30    Sec. 3.  K.S.A. 1996 Supp. 79-3102 and 79-3107b are hereby re-
31  pealed.
32    Sec. 4.  This act shall take effect and be in force from and after its
33  publication in the statute book.