Kentucky 2023 Regular Session Status: Enacted

SB 52 — AN ACT relating to the collection of fees in a county containing a consolidated local government.

Last action — signed by Governor (Acts Ch. 189)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 06, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 64.012 to require the document storage fee to be held in a separate fund by the county clerk in a county containing a consolidated local government; specify uses for the fee revenue; and require reporting; amend KRS 137.115 to require in a county with a consolidated local government that specific license fees be payable to an agency of the consolidated local government as designated by its council.

Bill Text

What changed in the latest version

192 added · 231 removed

192 line(s) added, 231 removed.

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UNOFFICIAL COPY 23 RS SB 52/GA AN ACT relating to the collection of fees in a county containing a consolidated local government.
CHAPTER 189 1 CHAPTER 189 ( SB 52 ) AN ACT relating to the collection of fees in a county containing a consolidated local government.
Page 1 of 8 SB005210.100 - 983 - XXXX 2/21/2023 3:46 PM GA UNOFFICIAL COPY 23 RS SB 52/GA t.
t.
For all items in this subsection if the entire thereof does not exceed five (5) pages .........................................................................$33.00 And, for all items in this subsection exceeding five (5) pages, for each additional page ..........................................................$3.00 And, for all items in this subsection for each additional reference relating to same instrument .....................................................$4.00 2.
For all items in this subsection if the entire thereof does not exceed five (5) pages ..............................................................................................$33.00 Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY And, for all items in this subsection exceeding five (5) pages, for each additional page ...............................................................................$3.00 And, for all items in this subsection for each additional reference relating to same instrument ..........................................................................$4.00 2.
Page 2 of 8 SB005210.100 - 983 - XXXX 2/21/2023 3:46 PM GA UNOFFICIAL COPY 23 RS SB 52/GA (b) For noting a security interest on a certificate of title pursuant to KRS Chapter 186A ..................................................................................$12.00 (c) For filing the release of collateral under a financing statement and noting same upon the face of the title pursuant to KRS Chapter 186 or 186A ...............................................................................................$5.00 (d) Filing or recording state tax or other state liens ........................................$5.00 (e) Filing release of a state tax or other state lien ...........................................$5.00 (f) Acknowledging or notarizing any deed, mortgage, power of attorney, or other written instrument required by law for recording and certifying same ...........................................................................................................$5.00 (g) Recording plats, maps, and surveys, not exceeding 24 inches by 36 inches, per page ..................................................................................$40.00 (h) Recording a bond, for each bond .............................................................$10.00 (i) Each bond required to be taken or prepared by the clerk ..........................$4.00 (j) Copy of any bond when ordered ................................................................$3.00 (k) Administering an oath and certificate thereof ...........................................$5.00 (l) Issuing a license for which no other fee is fixed by law ............................$8.00 (m) Issuing a solicitor's license ......................................................................$15.00 (n) Marriage license, indexing, recording, and issuing certificate thereof ....$26.50 (o) Every order concerning the establishment, changing, closing, or discontinuing of roads, to be paid out of the county levy when the road is established, changed, closed, or discontinued, and by the applicant when it is not ...............................................................$3.00 (p) Registration of licenses for professional persons required to register with the county clerk ......................................................................$10.00 (q) Certified copy of any record ......................................................................$5.00 Plus fifty cents ($.50) per page after three (3) pages Page 3 of 8 SB005210.100 - 983 - XXXX 2/21/2023 3:46 PM GA UNOFFICIAL COPY 23 RS SB 52/GA (r) Filing certification required by KRS 65.070(2)(a) ....................................$5.00 (s) Filing notification and declaration and petition of candidates for Commonwealth's attorney........................................................$200.00 (t) Filing notification and declaration and petition of candidates for county and independent boards of education .............................................$20.00 (u) Filing notification and declaration and petition of candidates for boards of soil and water conservation districts ...............................$20.00 (v) Filing notification and declaration and petition of candidates for other office ......................................................................................$50.00 (w) Filing declaration of intent to be a write-in candidate for office..............$50.00 (x) Filing petitions for elections, other than nominating petitions ................$50.00 (y) Notarizing any signature, per signature .....................................................$2.00 (z) Filing bond for receiving bodies under KRS 311.310 .............................$10.00 (aa) Noting the assignment of a certificate of delinquency and recording and indexing the encumbrance under KRS 134.126 or 134.127 .............$27.00 (ab) Filing a going-out-of-business permit under KRS 365.445 .....................$50.00 (ac) Filing a renewal of a going-out-of-business permit under KRS 365.445 $50.00 (ad) Filing and processing a transient merchant permit under KRS 365.680 .$25.00 (ae) Recording and indexing a real estate mortgage:
(b) For noting a security interest on a certificate of title pursuant to KRS Chapter 186A ..........................................................................................................$12.00 (c) For filing the release of collateral under a financing statement and noting same upon the face of the title pursuant to KRS Chapter or 186A $5.00 (d) Filing or recording state tax or other state liens .................................................................$5.00 (e) Filing release of a state tax or other state lien ....................................................................$5.00 (f) Acknowledging or notarizing any deed, mortgage, power of attorney, or other written instrument required by law for recording and certifying same .....................................
..............................................................................................$5.00 (g) Recording plats, maps, and surveys, not exceeding 24 inches by inches, per page ..........................................................................................................$40.00 (h) Recording a bond, for each bond .....................................................................................$10.00 (i) Each bond required to be taken or prepared by the clerk ...................................................$4.00 (j) Copy of any bond when ordered ........................................................................................$3.00 (k) Administering an oath and certificate thereof ....................................................................$5.00 (l) Issuing a license for which no other fee is fixed by law ....................................................$8.00 (m) Issuing a solicitor's license ...............................................................................................$15.00 (n) Marriage license, indexing, recording, and issuing certificate thereof ............................$26.50 (o) Every order concerning the establishment, changing, closing, or discontinuing of roads, to be paid out of the county levy when the road is established, changed, closed, or discontinued, and by the applicant when it is not .....................................................................................$3.00 (p) Registration of licenses for professional persons required to register with the county clerk .............................................................................................$10.00 (q) Certified copy of any record ..............................................................................................$5.00 Plus fifty cents ($.50) per page after three (3) pages (r) Filing certification required by KRS 65.070(2)(a) .............................................................$5.00 (s) Filing notification and declaration and petition of candidates CHAPTER 189 3 for Commonwealth's attorney..............................................................................$200.00 (t) Filing notification and declaration and petition of candidates for county and independent boards of education ....................................................................$20.00 (u) Filing notification and declaration and petition of candidates for boards of soil and water conservation districts .....................................................$20.00 (v) Filing notification and declaration and petition of candidates for other office ............................................................................................................$50.00 (w) Filing declaration of intent to be a write-in candidate for office ......................................$50.00 (x) Filing petitions for elections, other than nominating petitions .........................................$50.00 (y) Notarizing any signature, per signature .............................................................................$2.00 (z) Filing bond for receiving bodies under KRS 311.310 .....................................................$10.00 (aa) Noting the assignment of a certificate of delinquency and recording and indexing the encumbrance under KRS 134.126 or 134.127 ......................................$27.00 (ab) Filing a going-out-of-business permit under KRS 365.445 .............................................$50.00 (ac) Filing a renewal of a going-out-of-business permit under KRS 365.445 ........................$50.00 (ad) Filing and processing a transient merchant permit under KRS 365.680 ..........................$25.00 (ae) Recording and indexing a real estate mortgage:
For a mortgage that does not exceed thirty (30) pages....................$63.00 2.
For a mortgage that does not exceed thirty (30) pages ..........................................$63.00 2.
And, for a mortgage that exceeds thirty (30) pages, for each additional page .........................................................................................$3.00 (af) Filing or recording a lien or release of lien by a consolidated local government, urban-county government, unified local government, or city of any class ................................................................................................$20.00 (2) The sixty-three dollar ($63) fee imposed by subsection (1)(ae) of this section shall be divided as follows:
And, for a mortgage that exceeds thirty (30) pages, for each additional page.........$3.00 (af) Filing or recording a lien or release of lien by a consolidated local government, urban-county government, unified local government, or city of any class .................................................................................................................................$20.00 (2) The sixty-three dollar ($63) fee imposed by subsection (1)(ae) of this section shall be divided as follows:
Page 4 of 8 SB005210.100 - 983 - XXXX 2/21/2023 3:46 PM GA UNOFFICIAL COPY 23 RS SB 52/GA (a) Fifty-seven dollars ($57) shall be retained by the county clerk;
(a) Fifty-seven dollars ($57) shall be retained by the county clerk;
a.[1.]Not be paid annually to the fiscal court under KRS 64.152;
a.[1.] Not be paid annually to the fiscal court under KRS 64.152;
b.[2.]Not be paid to the Finance and Administration Cabinet under KRS 64.345;
b.[2.] Not be paid to the Finance and Administration Cabinet under KRS 64.345;
c.[3.]Be accumulated and transferred to the fiscal court or the legislative body of[ a consolidated local government or] an urban-county government on a monthly basis within ten (10) days following the end of the month;
c.[3.] Be accumulated and transferred to the fiscal court or the legislative body of[ a consolidated local government or] an urban-county government on a monthly basis within ten (10) days following the end of the month;
d.[4.]Be maintained by the fiscal court or the legislative body of[ a consolidated local government or] an urban-county government in a separate bank account and accounted for in a separate fund;
d.[4.] Be maintained by the fiscal court or the legislative body of[ a consolidated local government or] an urban-county government in a separate bank account and accounted for in a separate fund;
and e.[5.]Not lapse to the general fund of the county[, consolidated local government,] or urban-county government.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY e.[5.] Not lapse to the general fund of the county[, consolidated local government,] or urban- county government.
2.[(c)] The moneys accumulated from this fee shall be held in perpetuity by the fiscal court or the legislative body of[ a consolidated local government or] an urban-county government for the county clerk's Page 5 of 8 SB005210.100 - 983 - XXXX 2/21/2023 3:46 PM GA UNOFFICIAL COPY 23 RS SB 52/GA exclusive use for:
2.[(c)] The moneys accumulated from this fee shall be held in perpetuity by the fiscal court or the legislative body of[ a consolidated local government or] an urban-county government for the county clerk's exclusive use for:
a.[1.]Equipment related to the permanent storage of and access to records, including deed books, binders, shelves, microfilm equipment, and fireproof equipment;
a.[1.] Equipment related to the permanent storage of and access to records, including deed books, binders, shelves, microfilm equipment, and fireproof equipment;
b.[2.]Hardware for the permanent storage of and access to records, including computers, servers, and scanners;
b.[2.] Hardware for the permanent storage of and access to records, including computers, servers, and scanners;
c.[3.]Software for the permanent storage of and access to records, including vendor services and consumer subscription fees;
c.[3.] Software for the permanent storage of and access to records, including vendor services and consumer subscription fees;
d.[4.]Personnel costs for the permanent storage of and access to records, including overtime costs for personnel involved in the digitization of records;
d.[4.] Personnel costs for the permanent storage of and access to records, including overtime costs for personnel involved in the digitization of records;
and e.[5.]Cloud storage and cybersecurity services for the permanent storage of and access to records.
and e.[5.] Cloud storage and cybersecurity services for the permanent storage of and access to records.
3.[(d)] Notwithstanding KRS 68.275, claims by a county clerk that are for the approved expenditures in subparagraph 2.
3.[(d)]Notwithstanding KRS 68.275, claims by a county clerk that are for the approved expenditures in subparagraph 2.
of this paragraph[ (c) of this subsection] shall be paid by the county judge/executive or the chief executive officer of[ a consolidated local government or] an urban- county government by a warrant drawn on the fund and co-signed by the treasurer of the county[, consolidated local government,] or urban- county government.
of this paragraph[ (c) of this subsection] shall be paid by the county judge/executive or the chief executive officer of[ a consolidated local government or] an urban- county government by a warrant drawn on the fund and co-signed by the treasurer of the county[, consolidated local government,] or urban-county government.
4.[(e)] No later than July 1 of each year, each county fiscal court or legislative body of[ a consolidated local government or] an urban- county government shall submit a report to the Legislative Research Commission detailing the receipts, expenditures, and any amounts remaining in the fund.
4.[(e)] No later than July 1 of each year, each county fiscal court or legislative body of[ a consolidated local government or] an urban-county government shall submit a report to the Legislative Research Commission detailing the receipts, expenditures, and any amounts remaining in the fund.
Page 6 of 8 SB005210.100 - 983 - XXXX 2/21/2023 3:46 PM GA UNOFFICIAL COPY 23 RS SB 52/GA a.
a.
(b) To each retail outlet of soft drinks or ice cream, a license fee not to exceed five dollars ($5) per annum.
CHAPTER 189 5 (b) To each retail outlet of soft drinks or ice cream, a license fee not to exceed five dollars ($5) per annum.
In cases where ice cream and soft drinks are sold Page 7 of 8 SB005210.100 - 983 - XXXX 2/21/2023 3:46 PM GA UNOFFICIAL COPY 23 RS SB 52/GA by the same retail outlet, one (1) license tax not to exceed ten dollars ($10) per annum;
In cases where ice cream and soft drinks are sold by the same retail outlet, one (1) license tax not to exceed ten dollars ($10) per annum;
Page 8 of 8 SB005210.100 - 983 - XXXX 2/21/2023 3:46 PM GA
Signed by Governor April 11, 2023.
Legislative Research Commission PDF Version
View plain text versions (3)

Action History

  1. signed by Governor (Acts Ch. 189)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 97-0

  7. placed in the Orders of the Day

  8. taken from Rules

  9. reported favorably, to Rules

  10. returned to Local Government (H)

  11. 2nd reading

  12. taken from Local Government (H)

  13. returned to Local Government (H)

  14. 1st reading

  15. taken from Local Government (H)

  16. to Local Government (H)

  17. to Committee on Committees (H)

  18. received in House

  19. 3rd reading, passed 34-0

  20. posted for passage in the Regular Orders of the Day for Tuesday, February 21, 2023

  21. 2nd reading, to Rules

  22. reported favorably, 1st reading, to Calendar

  23. to State & Local Government (S)

  24. to Committee on Committees (S)

  25. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 13001
Unaffiliated 19001
Republican 65001
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Dixon — Yea
Meredith — Yea
Smith — Yea
Bentley — Yea
Nemes — Yea
Swann — Yea
Justice — Yea
Palumbo — Yea
Thomas — Yea
Bratcher S. — Yea
Pratt — Yea
Timoney — Yea
Webber — Yea
Graham — Yea
Raymond — Yea
Williams — Yea
Heath — Yea
Wilson — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Not Voting
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 52

Passed 34 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 21000
Unaffiliated 12001
Democrat 1001
Total 34002
% of votes cast 94%0%0%6%
How each member voted (36)
Member Party Vote
Schickel — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Thayer — Yea
Williams — Yea
Thomas — Yea
Wilson — Yea
Nemes — Yea
Turner — Yea
Yates — Yea
Smith — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Not Voting
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 52 do?
Amend KRS 64.012 to require the document storage fee to be held in a separate fund by the county clerk in a county containing a consolidated local government; specify uses for the fee revenue; and require reporting; amend KRS 137.115 to require in a county with a consolidated local government that specific license fees be payable to an agency of the consolidated local government as designated by its council.
What is the current status of SB 52?
This bill has been enacted into law. Introduced January 06, 2023. Enacted.
Where can I track SB 52?
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