Kansas Statutes

Chapter 64: Publications, Bibliography And Calendar

Article 1: Legal Publications

Statutes:

• 64-101: Newspapers in which legal publications may be made.
• 64-102: Same; publication on certain day of week.
• 64-103: Publication of acts of legislature, official documents, and constitutional amendments.
• 64-104: Validation of prior publications in newspapers having patent insides or outsides.
• 64-105: Publications in newspapers having patent insides or outsides, when.
• 64-106: Lost county records; certified transcript from state historical society files as evidence.
• 64-107: Same; payment of expense by county, when.
• 64-108: Official court paper in counties of 45,000 or over.
• 64-109: Official court paper in counties of 45,000 or over; what may be published.
• 64-110: Publication of official notice by state or political subdivisions; supplemental publication by radio or television broadcast; question submitted elections.
• 64-111: Same; copy or transcription of notice retained by station; proof of broadcast.
• 64-112: Same; notice of proposed constitutional amendments by secretary of state; failure of station to broadcast.
• 64-113: Same; limitation on rates charged for broadcast; definitions.

• 64-101: Newspapers in which legal publications may be made. (a) The governing body of each city of the first class shall designate by resolution a newspaper to be the official city newspaper. Once designated, the newspaper shall be the official city newspaper until such time as the governing body designates a different newspaper.

        No legal notice, advertisement or publication of any kind required or provided by any of the laws of the state of Kansas, to be published in a newspaper shall have any force or effect unless the same is published in a newspaper which:

        (1)   Is published at least weekly 50 times a year and has been so published for at least one year prior to the publication of any official city publication;

        (2)   is entered at the post office as periodical class mail matter;

        (3)   has general paid circulation on a daily, weekly, monthly or yearly basis in the county in which the city is located and is not a trade, religious or fraternal publication; and

        (4)   is published in the county in which the city publishing the official publication is located. If there is no newspaper published in the county, the newspaper shall be published in Kansas and shall have general paid circulation in the county.

        (b)   The board of county commissioners of each county shall designate by resolution a newspaper to be the official county newspaper. Once designated the newspaper shall be the official county newspaper until such time as the board designates a different newspaper. The newspaper selected for the official publications of a county shall be a newspaper which:

        (1)   Is published at least weekly 50 times each year and has been so published for at least one year prior to the publication of any official county publication;

        (2)   is entered at the post office in the county of publication as periodical class mail matter, which county shall be located in Kansas;

        (3)   has general paid circulation on a daily, weekly, monthly or yearly basis in the county and is not a trade, religious or fraternal publication; and

        (4)   is published in the county publishing the official publication. If there is no newspaper published in the county, the newspaper shall be printed in Kansas and have general paid circulation in the county.

        (c)   Whenever the board of education of a school district is required to publish a legal notice, advertisement or other publication in a newspaper having general circulation in the school district, such newspaper shall be one which:

        (1)   Is published at least weekly 50 times each year and has been so published for at least one year prior to the publication of any school district publication;

        (2)   is entered at the post office in the school district of publication as periodical class mail matter;

        (3)   has general paid circulation on a daily, weekly, monthly or yearly basis in the school district and is not a trade, religious or fraternal publication; and

        (4)   is published in the school district publishing the official publication. If there is no newspaper published in the school district, the newspaper shall be published in Kansas and shall have general paid circulation in the school district.

        (d)   Nothing contained in this section shall invalidate the publication in a newspaper which has resumed publication after having suspended publication all or part of the time that the United States has been engaged in war with any foreign nation and six months next following the cessation of hostilities if such newspaper resumes publication in good faith under the same ownership as it had when it suspended publication. Nothing in this section shall invalidate the publication in a newspaper which has simply changed its name or moved its place of publication from one part of the county to another part, or suspended publication on account of fire, flood, strikes, shortages of materials or other unavoidable accidents for not to exceed 10 weeks within the year last preceding the first publication of the legal notice, advertisement or publication. All legal publications heretofore made which otherwise would be valid, that have been made in a newspaper which, on account of flood, fire, strikes, shortages of materials or other unavoidable accident, has suspended publication for a period of not exceeding 10 weeks, are hereby legalized.

        History:   L. 1891, ch. 156, § 1; L. 1901, ch. 239, § 1; L. 1913, ch. 223, § 1; R.S. 1923, 64-101; L. 1935, ch. 236, § 1; L. 1943, ch. 228, § 1; L. 1947, ch. 325, § 1; L. 1959, ch. 250, § 1; L. 1963, ch. 312, § 1; L. 1986, ch. 75, § 2; L. 1988, ch. 224, § 1; L. 1994, ch. 68, § 1; L. 1998, ch. 135, § 1; July 1.

• 64-102: Same; publication on certain day of week. All legal publications and notices of whatever kind or character that may by law be required to be published a certain number of weeks or days shall be and they are hereby declared to be legally published when they have been published once each week in a newspaper which is published at least once each week, such publication to be made on any day of the week upon which the paper is published: Provided, That successive publications of the same notice shall be made on the same day of the week except that when there is no issue of the newspaper published on such day that it may be made on the preceding or following day: And provided further, That any newspaper publishing such notices or publications, as hereinbefore provided, must be otherwise qualified under existing law to publish such notices and publications.

        History:   L. 1909, ch. 160, § 1; L. 1921, ch. 208, § 1; R.S. 1923, 64-102; L. 1941, ch. 295, § 1; L. 1949, ch. 325, § 1; March 18.

• 64-103: Publication of acts of legislature, official documents, and constitutional amendments. (a) All acts of the legislature which shall provide for their taking effect on publication in any newspaper or in the Kansas register shall be published in the Kansas register, which shall be deemed the official publication. Except as otherwise provided in this subsection, all proclamations, orders, notices and advertisements authorized by any state officer shall be printed and published in the Kansas register. Payment for such publication shall be made by the state at the rates prescribed by law. The provisions of this subsection shall not apply to: (1) Resolutions making propositions to amend the constitution; or (2) proclamations issued by the governor which are not required by law to be issued by the governor. All proclamations issued by the governor which are not published in the Kansas register shall be published on the official Kansas internet website.

        (b)   For the purpose of informing the electors of the propositions to be voted on at the election thereon, the secretary of state shall cause resolutions making propositions to amend the constitution to be published in one newspaper in each county of the state where a newspaper is published, once each week for three consecutive weeks immediately preceding the election at which the proposition is to be submitted.

        History:   L. 1879, ch. 166, § 105; R.S. 1923, 64-103; L. 1933, ch. 221, § 1; L. 1981, ch. 166, § 3; L. 1981, ch. 324, § 18; L. 1982, ch. 346, § 4; L. 2001, ch. 99, § 1; July 1.

• 64-104: Validation of prior publications in newspapers having patent insides or outsides. All legal publications heretofore made in newspapers having one side of the paper printed away from the office of publication, and known as patent insides or patent outsides, shall have the same force and effect as if published in newspapers wholly printed and published in such county where such publication was made.

        History:   R.S. 1923, 64-104; Dec. 27.

• 64-105: Publications in newspapers having patent insides or outsides, when. All publications and notices required by law to be published in newspapers in this state, if published in newspapers having one side of the paper printed away from the office of publication, known as patent outsides or insides, shall have the same force and effect as though the same were published in newspapers printed wholly and published in the county where such publication shall be made: Provided, One side of the paper is printed in said county where said notices are required to be published.

        History:   R.S. 1923, 64-105; Dec. 27.

• 64-106: Lost county records; certified transcript from state historical society files as evidence. Whenever the official records of any county in this state are lost, stolen, or destroyed, it shall be lawful for any board of county commissioners of such county to order the secretary of the state historical society to transcribe from the newspapers, records, documents and other files of the state historical society any publication notice authorized or which may have been authorized to be published and which was published in any newspaper or any other publication in the state which may be on file in the office of the state historical society. Such transcript shall be made and certified by the secretary of the state historical society, under the seal of such society, and shall be admissible in evidence in or before any court, board, or other body in the state of Kansas, to the same extent and with like effect as the original would or might be if offered in evidence.

        History:   L. 1907, ch. 168, § 1; Feb. 18; R.S. 1923, 64-106.

• 64-107: Same; payment of expense by county, when. No charge shall be made for the making of such transcript so long as the secretary can make the same with the help of the office and employees of the society who are paid a salary by the state; and when extra help is necessarily employed to do the work, the county ordering the transcripts shall pay only the actual expense incurred, on duly certified and sworn vouchers bearing the approval of the secretary of the society.

        History:   L. 1907, ch. 168, § 2; Feb. 18; R.S. 1923, 64-107.

• 64-108: Official court paper in counties of 45,000 or over. In any county of this state, having a population of 45,000 or over, the judge of the district court of said county may designate a court paper to be the official court paper for the publication of court calendars, assignments of cases and motions, daily findings and other proceedings as the judge of the district court and other courts of record may direct. Nothing herein shall in anywise affect the jurisdiction over or the regularity of proceedings, trials or judgments except as otherwise provided by law.

        History:   L. 1911, ch. 220, § 1; R.S. 1923, 64-108; L. 1976, ch. 259, § 1; July 1.

• 64-109: Official court paper in counties of 45,000 or over; what may be published. When any court paper shall have been designated as an official court paper, as provided in K.S.A. 64-108, any legal notice, advertisement or publication now required by law to be published in any newspaper in any action or proceedings pending before the district court may be published in such court paper so designated by the direction and order of the court in which said action is pending and such publication shall be deemed a compliance with K.S.A. 64-101.

        History:   L. 1911, ch. 220, § 2; L. 1913, ch. 222, § 1; R.S. 1923, 64-109; L. 1976, ch. 145, § 209; Jan. 10, 1977.

• 64-110: Publication of official notice by state or political subdivisions; supplemental publication by radio or television broadcast; question submitted elections. Any official of the state or any of its political subdivisions who is required by law to publish any notice required by law may supplement publication thereof by radio or television broadcast, or both, when such official determines the public interest will be served thereby, except that the broadcast of legal advertisements concerning question submitted elections, only the time, place and an unbiased summary of the resolution or question of such notice only shall be read or shown, and no reference shall be made to such official by name, and no such person shall be seen or heard in the broadcast.

        History:   L. 1989, ch. 153, § 1; April 27.

• 64-111: Same; copy or transcription of notice retained by station; proof of broadcast. (a) Each radio or television station broadcasting any legal notice or notice of event shall for a period of six months subsequent to such broadcast retain at its office a copy or transcription of the text of the notice as actually broadcast which shall be available for public inspection.

        (b)   Proof of broadcast of legal notice or notice of event by radio or television shall be by affidavit of the manager, an assistant manager or a program director of the station broadcasting the same.

        History:   L. 1989, ch. 153, § 2; April 27.

• 64-112: Same; notice of proposed constitutional amendments by secretary of state; failure of station to broadcast. (a) The secretary of state may supplement publication of legal notice of proposed constitutional amendments by radio and television broadcast as provided under K.S.A. 64-110, at such times and with such frequency as determined suitable by the secretary of state during the week immediately preceding the election at which the proposition is to be submitted.

        (b)   Failure to broadcast notices provided for in subsection (a) at any station or in a particular geographic location of the state, shall in no way affect the validity of such notice or legal advertisement and shall not subject any such notice or advertisement to legal attack upon such grounds.

        History:   L. 1989, ch. 153, § 3; April 27.

• 64-113: Same; limitation on rates charged for broadcast; definitions. (a) The charges made for legal advertisements on broadcast shall not exceed the comparable rate charged by the station to commercial customers.

        (b)   Any contract rates or volume discounts given to commercial customers by the station shall be available to persons or political subdivisions causing broadcast of legal advertisements, under the same terms and conditions as for commercial advertisements.

        (c)   As used in this section, "legal advertisement" and "political subdivision" have the meanings provided in K.S.A. 28-137b and amendments thereto.

        History:   L. 1989, ch. 153, § 4; April 27.