CHAPTER 143 SENATE BILL No. 239 An Act concerning the secretary of state; relating to fees for certain services and
publications provided by the secretary of state; amending K.S.A. 2002 Supp. 75-438 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2002 Supp. 75-438 is hereby amended to read as
follows: 75-438. (a) There is hereby created the information and copy
service services fee fund in the state treasury. The secretary of state shall
charge and collect an information and services fee. The secretary of state
shall adopt rules and regulations fixing the fees to be charged and collected
under this section. If fees or charges for such information-related duties
and services otherwise are authorized by law, the information and service
fees may be charged in addition to the existing information-related or
service fee or charge. The secretary of state shall remit all moneys received
from fees and charges under K.S.A. 75-409 or 75-437 or K.S.A. 2002
Supp. 50-1,101 this section, and amendments thereto, to the state trea-
surer in accordance with the provisions of K.S.A. 75-4215, and amend-
ments thereto. Upon receipt of each such remittance, the state treasurer
shall deposit the entire amount in the state treasury to the credit of the
information and copy service services fee fund.

      (b) All expenditures from the information and copy service services
fee fund shall be in accordance with appropriations acts upon warrants
of the director of accounts and reports issued pursuant to vouchers ap-
proved by the secretary of state or by a person or persons designated by
the secretary.

      (c) On the effective date of this act, the secretary of state shall certify
to the director of accounts and reports the amount of money in the con-
version of materials and equipment fund of the secretary of state which
moneys are from fees charged for copies of public documents under
K.S.A. 75-409, and amendments thereto. Upon receipt of such certifi-
cation, the director of accounts and reports shall transfer the amount of
money certified from the conversion of materials and equipment fund to
the information and copy service fee fund. All liabilities of the conversion
of materials and equipment fund of the secretary of state which are at-
tributable to the service of providing copies of public documents under
K.S.A. 75-409, and amendments thereto, are hereby transferred to and
imposed on the information and copy service fee fund.

      (c) On the effective date of this act, the information and copy service
fee fund is hereby redesignated as the information and services fee fund.
On the effective date of this act, the director of accounts and reports shall
transfer all moneys in the information and copy service fee fund to the
information and services fee fund. On the effective date of this act, all
liabilities of the information and copy service fee fund are hereby trans-
ferred to and imposed on the information and services fee fund and the
information and copy service fee fund is hereby abolished.

      New Sec.  2. During each month of the fiscal year ending June 30,
2003, and each fiscal year thereafter, the secretary of state shall certify to
the director of accounts and reports the amount equal to the product of
$1 multiplied by the number of annual reports received by the secretary
of state during the preceding month from professional corporations, do-
mestic or foreign corporations, corporations organized not for profit, do-
mestic or foreign limited liability companies, domestic or foreign limited
partnerships or any other entities pursuant to statute, which include the
receipt of an annual franchise tax or privilege fee. Upon receipt of each
such certification, the director of accounts and reports shall transfer an
amount equal to the amount certified from the state general fund to the
franchise fee recovery fund of the secretary of state, which is hereby
created.

      Sec.  3. K.S.A. 2002 Supp. 75-438 is hereby repealed.

      Sec.  4. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 15, 2003.
 Published in the Kansas Register May 22, 2003.
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