KRS 142.010: State taxes on legal processes and instruments -- Distribution of amount

collected.

(1) The following taxes shall be paid:

(a) A tax of four dollars and fifty cents ($4.50) on each marriage license;

(b) A tax of four dollars ($4) on each power of attorney to convey real or personal

property;

(c) A tax of four dollars ($4) on each mortgage, financing statement, or security

agreement and on each notation of a security interest on a certificate of title

under KRS 186A.190;

(d) A tax of four dollars ($4) on each conveyance of real property;

(e) A tax of four dollars ($4) on each lien or conveyance of coal, oil, gas, or other

mineral right or privilege; and

(f) A tax of four dollars ($4) on each recorded will.

(2) Except as provided in KRS 395.0 15, the tax imposed by this section shall be

collected by each county clerk as a prerequisite to the issuance of a marriage license

or the original filing of an instrument subject to the tax. Subsequent assignment of

the original instrument shall not be ca use for additional taxation under this section.

This section shall not be construed to require any tax upon a deed of release of a

lien retained in a deed or mortgage.

(3) (a) Except as provided in paragraph (b) of this subsection, taxes imposed under

this section shall be reported and paid to the Department of Revenue by each

county clerk within ten (10) days following the end of the calendar month in

which instruments subject to tax are filed or marriage licenses issued. Each

remittance shall be accompanied by a summary report on a form prescribed by

the department.

(b) The tax on the notation of a security interest on a certificate of title under

KRS 186A.190 shall be reported and paid through AVIS and the electronic

title application and registration system established under KRS 186A.017, in

accordance with the procedures set forth in KRS 186.230.

(4) Any county clerk who violates any of the provisions of this section shall be subject

to the uniform civil penalties imposed pursuant to KRS 131.180. In every case, any

tax not paid on or before the due date shall bear inter est at the tax interest rate as

defined in KRS 131.010(6) from the date due until the date of payment.

(5) (a) One dollar ($1) of the amount collected under each paragraph of subsection

(1) of this section shall be placed in an agency fund in the Departmen t for

Libraries and Archives to be used exclusively for the purpose of preserving

and retaining public records by continuing the local records grant program

active in the Department for Libraries and Archives.

(b) Ninety percent (90%) of all funds allocate d to the Department for Libraries

and Archives under paragraph (a) of this subsection for the local records grant

program shall be set aside for grants to county clerks and distributed annually,

except as provided in paragraph (c) of this subsection.

(c) If there are insufficient grant applications from county clerks for the

Department for Libraries and Archives to distribute ninety percent (90%) of

all funds allocated under paragraph (a) of this subsection, the Department for

Libraries and Archives may grant those funds to other agencies.