Kansas Statutes

Chapter 19: Counties And County Officers

Article 3: County Clerk

Statutes:

• 19-301: County clerk; election, term, bond.
• 19-302: Deputies and assistants; duties; bond; acting as county treasurer prohibited; meetings and seminars; budget; limitation on personnel policies and practices.
• 19-303: Vacancy in office of county clerk, how filled.
• 19-304: Duties of county clerk.
• 19-305: Records and accounts.
• 19-306: Claims allowed, record; fees for certified copies of any record.
• 19-307:
• 19-308: Limitation on accounts against county.
• 19-309: Certification of names and boundaries of townships.
• 19-310: Road record; prima facie evidence.
• 19-311: Record of receipts, expenditures and accounts.
• 19-312: Account with county treasurer; charges and credits.
• 19-313: Separate statement of different funds.
• 19-314:
• 19-315: Apportionment of special assessments when property outside cities subdivided.
• 19-317:
• 19-318: Orders upon treasurer for money collected; credit to treasurer for orders paid.
• 19-319:
• 19-320: Unclaimed warrants; cancellation.
• 19-321: Oaths, affirmations and acknowledgments.
• 19-322: Recording farm names; fees.
• 19-323: Biennial list of county officers, their signatures and imprint of seals to secretary of state; vacancies; penalty for failure.
• 19-324: Blanks for such lists.
• 19-325:
• 19-326:
• 19-327:

• 19-301: County clerk; election, term, bond. Beginning with the general election in 1976, a county clerk shall be elected in each county, for a term of four (4) years. Such county clerk shall, before entering upon the duties of the office, execute and file with the county treasurer a good and sufficient corporate surety bond, conditioned on the faithful performance of the duties of the office. Such bond shall be issued by a company authorized to do business in Kansas, in an amount to be fixed by the county treasurer of not less than ten thousand dollars ($10,000).

        History:   G.S. 1868, ch. 25, § 40; R.S. 1923, 19-301; L. 1965, ch. 160, § 1; L. 1976, ch. 123, § 1; April 30.

• 19-302: Deputies and assistants; duties; bond; acting as county treasurer prohibited; meetings and seminars; budget; limitation on personnel policies and practices. (a) The county clerk shall appoint a deputy county clerk and file a written statement of the appointment in the clerk's office. In the absence or disability of the county clerk or if a vacancy in the office occurs, the deputy county clerk shall perform all the duties of the county clerk during the clerk's absence or until the vacancy is filled. In addition to the deputy, the county clerk also may appoint, promote, demote and dismiss additional deputies and any assistants necessary to carry out the duties of the office. The county clerk shall supervise all assistants in the performance of their duties. The county clerk's surety shall be responsible under the clerk's official bond for the acts of the deputies and any assistants. The county or deputy county clerk shall in no case act as a county treasurer or as the treasurer's deputy. Within the limitations of the budget for the financing of the operation of the clerk's office as approved by the board of county commissioners, the county clerk may attend and may require the deputies and any assistants to attend any meetings or seminars which the clerk determines will be beneficial to the operation of the clerk's office.

        (b)   The county clerk shall submit a budget for the financing of the operation of the clerk's office to the board of county commissioners for their approval.

        (c)   Any personnel action taken by the county clerk under this section shall be subject to the following: (1) Personnel policies and procedures established by the board of county commissioners for all county employees other than elected officials; (2) any pay plan established by the board of county commissioners for all county employees other than elected officials; (3) any applicable collective bargaining agreements or civil service system; and (4) the budget for the financing of the operation of the clerk's office as approved by the board of county commissioners.

        History:   G.S. 1868, ch. 25, § 41; R.S. 1923, 19-302; L. 1983, ch. 91, § 2; July 1.

• 19-303: Vacancy in office of county clerk, how filled. If a vacancy in the office of county clerk should occur by death, resignation, or otherwise, the vacancy shall be filled by appointment of a qualified elector of the county in the manner herein provided. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualifies. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualifies at the next general election to serve the remainder of the unexpired term. Nomination and election of such successor shall be in the same manner as nomination and election of a county clerk for a regular term. Appointments hereunder shall be made in the manner provided by law for filling vacancies in the office of member of the house of representatives.

        History:   G.S. 1868, ch. 25, § 42; R.S. 1923, 19-303; L. 1963, ch. 160, § 1; L. 1973, ch. 102, § 2; L. 1986, ch. 100, § 1; July 1.

• 19-304: Duties of county clerk. The county clerk shall:

        (a)   Keep the clerk's office at the county seat;

        (b)   attend the sessions of the board of county commissioners, either in person or by deputy;

        (c)   keep the seals, records and papers of the board of commissioners;

        (d)   sign the records of the proceedings of the board of commissioners, and attest the same with the seal of the county; and

        (e)   have the general powers of a notary public in the performance of all notarial acts.

        History:   G.S. 1868, ch. 25, § 43; R.S. 1923, § 19-304; L. 1998, ch. 81, § 1; July 1.

• 19-305: Records and accounts. It shall be the general duty of the county clerk: First, to record, in a book to be provided for that purpose, all proceedings of the board; second, to make regular entries of their resolutions and decisions in all questions concerning the raising of money; third, to record the vote of each commissioner on any question submitted to the board, if required by any member; fourth, sign all orders issued by the board for the payment of money; fifth, to preserve and file all accounts acted upon by the board, with their action thereon; and he shall perform such special duties as are required of him by law.

        History:   G.S. 1868, ch. 25, § 44; Oct. 31; R.S. 1923, 19-305.

• 19-306: Claims allowed, record; fees for certified copies of any record. It shall be the duty of such clerk to designate, upon every account which shall be audited and allowed by the board, the amount so allowed. Such clerk shall also deliver to any person who may demand it, a certified copy of any record in such clerk's office, or any account on file therein, on receiving from such person a fee in accordance with a schedule of fees established pursuant to subsection (c) of K.S.A. 45-219, and amendments thereto.

        History:   G.S. 1868, ch. 25, § 45; R.S. 1923, 19-306; L. 1987, ch. 99, § 1; July 1.

• 19-307:

        History:   G.S. 1868, ch. 25, § 46; R.S. 1923, 19-307; Repealed, L. 1968, ch. 375, § 19; July 1.

• 19-308: Limitation on accounts against county. No account against the county shall be allowed unless presented within two years after the same accrued: Provided, That if any person having a claim against the county be, at the time the same accrues, under any legal disability, every such person shall be entitled to present the same within one year after such disability shall be removed.

        History:   G.S. 1868, ch. 25, § 47; Oct. 31; R.S. 1923, 19-308.

• 19-309: Certification of names and boundaries of townships. The clerk of each county shall, as often as a new township shall be organized in his county, or the boundaries of any township therein shall be altered, and immediately thereafter, make out and transmit to the secretary of state a certified statement of the names and boundaries of the township so organized, and of the boundaries of any township the boundaries of which shall have been altered.

        History:   G.S. 1868, ch. 25, § 48; Oct. 31; R.S. 1923, 19-309.

• 19-310: Road record; prima facie evidence. It shall be the duty of the county clerk to record in a proper book, to be called the "road record," a record of all proceedings in regard to laying out and establishing roads in the county, which said record shall include the report of the commissioners and surveyor locating such roads, and maps thereof; and such records, or duly certified copies thereof, are hereby declared prima facie evidence of the statements therein contained, in the courts of this state.

        History:   G.S. 1868, ch. 25, § 49; Oct. 31; R.S. 1923, 19-310.

• 19-311: Record of receipts, expenditures and accounts. The county clerk of each county of this state shall keep a book in which he shall keep the receipts and expenditures of his county, and all accounts of his county with the different county, township, district, and other officers.

        History:   G.S. 1868, ch. 25, § 50; Oct. 31; R.S. 1923, 19-311.

• 19-312: Account with county treasurer; charges and credits. The county clerk, in keeping the accounts of his county with the county treasurer, shall charge the county treasurer as follows: With the amount of taxes levied and assessed by the state and county, and each city, town, village, township, school district, or any other special tax levied for any purpose in his county, in each year, and the same shall be kept in separate accounts; with the amounts of any sinking funds, in separate accounts; with the amount of money, and with the amount of state, county, township, school, road and city warrants or orders, or other evidences of indebtedness which the county treasurer may be authorized by law to receive from his predecessor in office; with the amount of the taxes on each tax roll, made out and delivered to him during his term of office; with the amount of the additional assessments made after the tax roll is made out and delivered to the county treasurer; with the amount of the ten percent penalty added to the taxes after the tenth day of January of each year; with the amount paid by the county for advertising land and town lots for sale for delinquent taxes; with the amounts received on assignments of land and town lots sold to the county for delinquent taxes; with the amount of redemption money on land and town lots sold to the county for delinquent taxes, when the same are redeemed; with the amount of the state school fund received from the state treasurer; with the amount received from the sale of property belonging to the county; with the amount received from the sale of estrays; with the amount received as exemption from military duty in the state militia; with the amount received as fines and forfeitures; with the amount of receipts which the county treasurer gives for the overplus of county orders received, as required by law; with the amount received for dramshop, tavern, grocery or other license. And, upon presentation of proper vouchers, shall credit him as follows:

        With the amount of all county, city, town, village, township, school-district or other tax, which has been paid over to the proper authority and receipted therefor; with the amount of county orders received by the county treasurer and returned to the county board and canceled; with the amount paid to the state treasurer and to township trustees, school-district treasurers, city treasurers, or other officers entitled by law to receive the same; with the amount of delinquent taxes and the ten percent penalty thereon, on lands and town lots bid off for the county, together with the cost of advertising the same for sale, which said taxes have been transferred from the tax roll to the book of tax sales; with the amount of double and erroneous assessments of property, except the assessments on lands and town lots which have been sold or entered on the book of tax sales for delinquent taxes; with the amount of percentage fees allowed by law to the county treasurer for collecting taxes; with the amount of money and the amount of warrants, or orders, or other evidences of indebtedness which the county treasurer is allowed by law to receive for taxes, which he pays over to his successor in office; with the amount of the taxes uncollected on the tax roll delivered over to his successor in office.

        History:   G.S. 1868, ch. 25, § 51; Oct. 31; R.S. 1923, 19-312.

• 19-313: Separate statement of different funds. The county clerk, in making the above charges, credits and entries, shall state each different fund and each item of each different fund separately.

        History:   G.S. 1868, ch. 25, § 52; Oct. 31; R.S. 1923, 19-313.

• 19-314:

        History:   G.S. 1868, ch. 25, § 53; R.S. 1923, 19-314; Repealed, L. 1982, ch. 391, § 39; July 1.

• 19-315: Apportionment of special assessments when property outside cities subdivided. Whenever any lot or tract of land in any county, located outside of the limits of an incorporated city, upon which a special assessment has been levied for any special improvement, shall, subsequent to such levy or the initiation of said improvement, and prior to the final payment of such levy, be subdivided, it shall be the duty of the county clerk of the county in which such lot or tract of land is located to apportion such assessment to the several pieces of land into which such lot or tract has been subdivided, so that each such piece of land shall be subject to its proper proportion of such assessment, on the basis originally made.

        History:   L. 1915, ch. 114, § 1; R.S. 1923, 19-315; L. 1963, ch. 161, § 1; June 30.

• 19-317:

        History: G.S. 1868, ch. 25, § 56; L. 1877, ch. 90, § 2; R.S. 1923, 19-317; Repealed, L. 1974, ch. 45, § 14; Jan. 13, 1975.

• 19-318: Orders upon treasurer for money collected; credit to treasurer for orders paid. It shall be the duty of the county clerk to draw orders on the county treasurer of the proper county from time to time, for any money that may have been collected for or that may be due to any city, town, township, school district or other municipal organization in his county, in favor of the proper person or organization, and shall keep a record of the date and amount of all such orders, and the name of the person to whom given; and in a settlement with the county treasurer, he shall give him credit for all such orders that have been paid by such treasurer and filed in his office.

        History:   G.S. 1868, ch. 25, § 57; Oct. 31; R.S. 1923, 19-318.

• 19-319:

        History:   G.S. 1868, ch. 25, § 58; R.S. 1923, § 19-319; Repealed, L. 1998, ch. 37, § 1; July 1.

• 19-320: Unclaimed warrants; cancellation. Whenever any county warrant, issued to any person, remain in the office of the county clerk unclaimed for a period of three years from the date thereof, such warrant shall be returned by him to the board of county commissioners and canceled.

        History:   G.S. 1868, ch. 25, § 59; Oct. 31; R.S. 1923, 19-320.

• 19-321: Oaths, affirmations and acknowledgments. The county clerk shall have authority to administer oaths and affirmations in all cases in which an oath or affirmation may be required, and may take acknowledgments of deeds, mortgages, and other instruments of writing in this state, and attest the same with the county seal.

        History:   G.S. 1868, ch. 25, § 60; Oct. 31; R.S. 1923, 19-321.

• 19-322: Recording farm names; fees. Any farm owner in this state may, upon the payment of one dollar to the county clerk of the county in which said farm is located, have the name of his farm duly recorded in a register which the county clerk shall keep for said purpose, and shall be furnished a certificate, issued under seal, and setting forth the name and location of the farm and the name of the owner: Provided, That when any name shall have been recorded as the name of any farm, such name shall not be recorded as the name of any other farm in the same county, except by prefixing or adding designating words thereto.

        History:   L. 1911, ch. 143, § 1; May 22; R.S. 1923, 19-322.

• 19-323: Biennial list of county officers, their signatures and imprint of seals to secretary of state; vacancies; penalty for failure. The county clerks of the several counties of this state shall biennially, on the fourth Monday of January, prepare and file in the office of the secretary of state a list of the officers of their respective counties elected at the next preceding general election, which list shall contain the genuine signatures of all county officers and an imprint of the official seal of such as are by law required to keep them; and the county clerk shall certify under the seal of his office that such signatures and the imprint of such seals are the genuine signatures and seals of the respective officers, and that they were attached in his presence: Provided, That in case of any vacancy in any county office, the county clerk shall immediately transmit to the secretary of state the genuine signature of the person elected or appointed to fill such vacancy: And provided further, That any county clerk failing or refusing to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and punished by a fine of not less than ten dollars ($10) nor more than fifty dollars ($50).

        History:   L. 1885, ch. 108, § 1; R.S. 1923, 19-323; L. 1961, ch. 129, § 1; June 30.

• 19-324: Blanks for such lists. It shall be the duty of the secretary of state to prepare and forward to the county clerks the blanks necessary to carry out the provisions of K.S.A. 19-323.

        History:   L. 1885, ch. 108, § 2; March 7; R.S. 1923, 19-324.

• 19-325:

        History:   L. 1937, ch. 203, § 1; L. 1974, ch. 106, § 3; Repealed, L. 1984, ch. 188, § 5; July 1.

• 19-326:
  

        History:   L. 1947, ch. 216, § 1; L. 1974, ch. 106, § 4; Repealed, L. 1984, ch. 188, § 5; July 1.

• 19-327:
  

        History:   L. 1947, ch. 216, § 2; Repealed, L. 1984, ch. 188, § 5; July 1.