32-985. Agents; designation; bond; disposition of fees.
32-985
32-985. Agents; designation; bond; disposition of fees.(a) The secretary or the county clerk of any county in this state may appointsuch number of persons as necessary to serve the convenience of applicants forlicenses, permits, stamps and other issues of the department and may authorizesuch persons to issue such licenses, permits, stamps and other issues to bothresidents and nonresidents of the state upon the payment of the prescribed fee.
(b) Any person appointed pursuant to this section may purchase the licenses,permits, stamps and other issues for cash from the county clerk, if appointedby the clerk, or from the secretary, if appointed by the secretary, or, in lieuthereof, such person shall be required to execute a special surety bond to thestate of Kansas conditioned on payment of all moneys received from fees forlicenses, permits, stamps and other issues of the department and on payment ofthe maximum value for all licenses, permits, stamps and issues of thedepartment not settled for and not returned to the county clerk or secretaryappointing such person. The bond shall be in a form prescribed by thesecretary and the fee therefor shall be in the amount prescribed pursuant toK.S.A. 32-988 and shall be deposited in the manner prescribed byK.S.A. 32-990 and 32-991. The bond shall be in an amount fixed bythe county clerk, if the person is appointed by the clerk, or in an amountfixed by the secretary, if the person is appointed by the secretary, but suchamount shall not be less than the maximum amount which can be realized from thesale of the issues of the department in such person's possession. The bondshall be filed in the office of the county treasurer, if the person isappointed by the county clerk, or with the secretary, if the person isappointed by the secretary.
(c) Any person appointed pursuant to this section and electing to file abond, upon the execution and filing of the required bond, shall be the agent ofthe county clerk, if appointed by the clerk, or of the secretary, if appointedby the secretary, for the issuance of licenses, permits, stamps or other issuesof the department in the county, if appointed by a county clerk, or approvedplace of business, if appointed by the secretary, during such time as the bondis effective until the appointment expires or is revoked. Persons electing notto file a bond shall become agents immediately upon their appointment.
(d) No agent appointed pursuant to this section shall offer for sale alicense, permit, stamp or other issue of the department for an amount less thanthe fee prescribed pursuant to law or rules and regulations of the secretaryfor such issue.
(e) All fees collected by the bonded agent for licenses, permits, stamps andother issues of the department shall be paid to the county clerk, if the agentis appointed by the county clerk, or to the secretary, if the agent isappointed by the secretary, at such times and places as the county clerk orsecretary, as appropriate, designates, but settlement shall be made at leastthree days before the expiration date of the issues in the possession of theagent. Upon receipt of such fees by the county clerk, the clerk shall remit theentire amount thereof to the county treasurer in the manner provided in K.S.A.32-984 for disposition in the manner provided for in that section.Upon receipt of such fees by the secretary, the fees shall be disposed of asprovided in K.S.A. 32-990, 32-991 and 32-993. All unsold issues ofthe department shall be returned to the county clerk, if the agent is appointedby the clerk, or to the secretary, if the agent is appointed by the secretary.
(f) The secretary may examine, at any reasonable time, those records of anyagent appointed pursuant to this section which relate to issues of thedepartment.
(g) An agent appointed pursuant to this section may collect and retaina service charge fee as provided by K.S.A. 32-989 for services inconnection with the issuing or selling of licenses, permits, stamps and otherissues of the department. The agent shall receive no additional compensationfrom the county clerk or from the secretary for such services.
History: L. 1963, ch. 244, § 1; L. 1969, ch. 138, §1; L. 1982, ch. 175, § 4;L. 1985, ch. 130, § 1; L. 1985, ch. 131, § 1; L. 1985, ch. 134, § 1;L. 1986, ch. 101, § 1;L. 1989, ch. 118, § 102; July 1.