73-206: Same; act supplemental.
This act is supplemental to and adopts the provisions of every act
referred to in the preceding section, as far as the same may be
applicable, and the same are made a part hereof.
History: R.S. 1923, 73-206; Dec. 27.
73-206a:
History: L. 1943, ch. 265, § 1; Repealed, L. 1945, ch. 301, §
12; March 30.
73-206b: Waiver of pension or annuity payments.
Any person entitled to a pension or annuity by reason of retirement
pursuant to provisions of the laws of this state may decline to accept all
or any part of such pension or annuity by a waiver signed by the pensioner
or annuitant and filed with the body authorized by statute to administer
the fund from which said pensioner or annuitant is receiving or is entitled
to receive said pension or annuity, or its authorized agent. Such waiver
may be revoked in writing at any time, but no payment of the pension or
annuity or part thereof waived shall be made covering the period during
which the waiver was in effect.
History: L. 1955, ch. 378, § 1; June 30.
73-207:
History: L. 1897, ch. 157, § 1;
L. 1909, ch. 222, § 1;
L. 1923, ch. 212, § 1;
R.S. 1923, § 73-207;
L. 1945, ch. 301, § 3;
L. 1951, ch. 429, § 2;
Repealed, L. 1998, ch. 8, § 1; July 1.
73-208:
History: L. 1897, ch. 157, § 2; R.S. 1923, § 72-208;
Repealed, L. 1998, ch. 8, § 1; July 1.
73-209: Adjutant general; certificate of military service; transfer to
state historical society.
(a) On submission to the adjutant general of an original discharge or other
official record of military service of any soldier, sailor or marine of the
United States, or of a copy of such discharge or official record of military
service certified to by a city, county or state official as being a true
copy of original document, the adjutant general shall place such record on file
in the adjutant general's office. If original documents are
submitted, the adjutant general shall cause true copies of such original
documents to be made and shall
file the copies in the adjutant general's office and the originals shall be
returned to the person who submitted them.
(b) Upon request of a soldier, sailor or marine whose records of military
service have been filed in the adjutant general's office, the adjutant general
shall cause to be furnished a certificate of military service in accordance
with such records. The adjutant general shall not charge any fee for the
certificate if the certificate is requested by a person who exhibits
correspondence from the United States veterans administration or the Kansas
commission on veterans' affairs which indicates that the person is applying for
benefits from the United States veterans administration and that such person
needs the certificate to obtain such benefits.
(c) The adjutant general shall transfer to the state archives of the Kansas
state historical society for permanent retention any records of military
service on file in the adjutant general's office, in accordance with the
records
retention and disposition schedule for such records approved by the state
records board.
History: L. 1919, ch. 281, § 1; R.S. 1923, 73-209;
L. 1995, ch. 24, § 2; Mar. 30.
73-210: Charges for copies.
No city, county or state official shall charge a fee for certifying to
the correctness of a true copy of an
original discharge or other official
record of military service of any soldier, sailor or marine of the United
States, except that:
(a) The adjutant general may charge a fee unless
the copy is requested by a person who exhibits correspondence from
the United States veterans administration or the Kansas commission on veterans'
affairs which indicates that the person is applying for benefits from the
United States veterans administration and that such person needs the
copy to obtain such benefits; and
(b) a register of deeds of a county may charge a fee for copies in excess of
the number provided for by K.S.A. 73-210a and amendments thereto.
History: L. 1919, ch. 281, § 2; R.S. 1923, 73-210;
L. 1995, ch. 24, § 3; Mar. 30.
73-210a: Free recording by register of deeds; copies.
Whenever there shall be presented to the register of deeds of any county
in this state the discharge or other official records of military service
of any person who has been honorably discharged from the armed forces of
the United States at any time, said register of deeds shall record the same
in a record book which shall be provided for such purpose and no fee shall
be charged for such recordation. Upon request, of the person to whom such
discharge was issued, his agent or relative, the register of deeds shall
prepare and furnish certified copies of any such discharge or records of
military service and no fee shall be charged for the first five copies
therefor.
History: L. 1945, ch. 173, § 1; March 26.
73-211:
History: L. 1889, ch. 234, § 1; L. 1901, ch. 289, §
1; R.S. 1923, 73-211; L. 1929, ch. 249, § 1; L. 1939, ch. 282, §
1; L. 1945, ch. 301, § 4; Repealed, L. 1951, ch. 288, § 7; June 30.
73-212:
History: L. 1901, ch. 289, § 2; R.S. 1923,
73-212; Repealed, L. 1949, ch. 401, § 1; April 2.
73-213: Definitions.
For the purposes of this act, the following terms shall have the
meanings ascribed to them by this section, unless the context clearly
requires otherwise:
(a) "Officer" means any officer or employee of the state of Kansas or
any political subdivision thereof.
(b) "Military service" means service in the army, navy, or marine corps
of the United States or any compulsory service rendered in any capacity to
the federal government for the purpose of national defense.
(c) "Appointive authority" means the person, board, commission, or other
authority vested by law with power to appoint a successor for an officer
upon the happening of a vacancy in the office or position held by such
officer; but if no person, board, commission, or other authority is vested
by law with power to appoint a successor for an officer upon the happening
of such a vacancy, then "appointive authority" shall mean the governor of
the state of Kansas.
(d) "Temporary vacancy" means a vacancy in an office or position caused
by the absence in military service of the officer elected or appointed
thereto. If the officer was originally elected or appointed for a definite
term such "temporary vacancy" shall mean the period of time beginning with
the day such officer shall enter the military service and ending with the
day he shall return from military service, or with the expiration of the
term for which he was elected or appointed, whichever period of time is the
shorter. If the officer was originally appointed to his office or position
for an indefinite term or for a term expiring at the pleasure of the
appointive authority, such "temporary vacancy" shall mean the period of
time beginning with the day such officer shall enter the military service
and ending with the day he shall return from military service, or with the
expiration of the appointive power of the original appointive authority,
whichever period of time is the shorter.
History: L. 1941, ch. 355, § 1; Feb. 24.
73-214: Vacancies which do not create forfeiture or vacancy;
references in laws construed.
The absence of any officer from his office or position caused by his
being in the military service shall not create a forfeiture of, or vacancy
in the office or position to which such officer was elected or appointed
but shall be construed to merely create a temporary vacancy. Wherever the
terms "forfeiture of office" or "vacancy in office" or other words of
similar import are used in any law of this state in relation to an officer
such as defined in this act, the same shall be construed in accordance with
the provisions of this section and shall not be construed to apply to any
absence of such officer who is absent from his office or position by reason
of his being in the military service.
History: L. 1941, ch. 355, § 2; Feb. 24.
73-215: Temporary appointments.
In case a temporary vacancy is or has been created in any office or
position by reason of the absence of the officer in the military service,
the appointive authority shall appoint some person to temporarily fill the
office or position to which such officer was elected or appointed. All such
appointees shall hold the office or position which they are temporarily to
fill during the temporary vacancy caused by the absence of the officer in
the military service.
History: L. 1941, ch. 355, § 3; Feb. 24.
73-216: Powers and duties; compensation.
The person appointed in accordance with the provisions of this act to
temporarily fill any office or position shall have and may exercise all the
rights, powers, authority and jurisdiction and shall perform the duties,
vested in, or required by law of the officer whose office or position such
person is so appointed to temporarily fill and shall receive the same
salary, fees, expenses or other compensation as such officer would be
entitled to receive.
History: L. 1941, ch. 355, § 4; Feb. 24.
73-217: Qualifications.
Every person who shall be appointed to temporarily fill any office or
position shall possess the qualifications prescribed by law, if any, for
the regular holder of such office or position.
History: L. 1941, ch. 355, § 5; L. 1967, ch. 434, § 22; July 1.
73-218: Absentee officer not entitled to compensation; status upon
return.
An officer who shall be absent from his office or position and while in
the military service shall not be entitled to any compensation as such
officer during such absence; but upon his return, if he return before the
expiration of the period of the temporary vacancy created by his absence,
he shall be entitled to immediate possession of the office or position from
which he was absent and upon reassuming the duties of the office to receive
the compensation for the remainder of the term to which the holder thereof
is entitled, subject to removal from office according to law.
History: L. 1941, ch. 355, § 6; Feb. 24.
73-219: Invalidity of part.
If any section, subsection, paragraph, be unconstitutional or invalid
for any reason, it shall be presumed that this act would have been passed
by the legislature without such invalid section, subsection, paragraph,
sentence, provision, clause or phrase, and such decision shall not in any
way affect the remainder of this act.
History: L. 1941, ch. 355, § 7; Feb. 24.
73-220: Application of certain act [*].
The provisions of this act [*] shall apply to all persons who served
overseas during world war II and to all persons who served overseas with
the armed forces of the United States during the military, naval and air
operations in Korea or other places under the flag of the United States and
the United Nations or under the flag of the United States alone, as members
of the American red cross nurse corps.
History: L. 1945, ch. 301, § 11; L. 1951, ch. 429, § 3; June 30.