74-3901: Abstracters' board of examiners; appointment; qualifications;
terms; vacancies; officers; rules and regulations; seal; witnesses; oaths;
compensation and expenses; executive secretary.
(a) There is hereby created a board of three members to be appointed by
the governor, which shall be known as the abstracters' board of
examiners. This board shall consist of individuals who are at the time
of their appointment and have for five years immediately prior thereto
actively engaged in the business of making abstracts to real-estate
titles in the state of Kansas in the county of which they are a
resident, which board shall at all times consist of one member who is a
resident of a county having a population of less than 9,000 persons; one
member who is a resident of a county having a
population of more than 9,000 persons and not more than 17,000 persons,
and one member who is a resident of a
county having a population of more than 17,000
persons.
(b) Upon the expiration of the term of office of any
member, the governor shall appoint a successor for a term of three
years; vacancies on the board caused by death, resignation or
otherwise, shall be filled for the unexpired term by appointment by the
governor. The board shall organize annually by
electing a chairperson. It may adopt such rules and regulations as it
shall deem necessary for the proper administration of its powers and
duties and the carrying out of the purposes of this act. The board shall
have a seal and shall have power to compel the attendance of witnesses;
the chairperson or any member of said board shall have the power to
administer oaths.
(c) Members of the abstracters' board of examiners attending
meetings of such board, or attending a subcommittee meeting thereof
authorized by such board, shall be paid compensation, subsistence
allowances, mileage and other expenses as provided in K.S.A. 75-3223.
(d) The board may appoint an executive secretary who shall be in the
unclassified service under the Kansas civil service act and shall
receive an annual salary fixed by the board and approved by the
governor.
History: L. 1941, ch. 348, § 1; L. 1965, ch. 442, § 1; L.
1973, ch. 316, § 1; L. 1974, ch. 348, § 67; L. 1978, ch. 308, §
65; L. 1981, ch. 299, § 58; July 1.
74-3902: Witnesses and testimony.
The board shall have authority to, and any district court may, upon
application of such board, issue an order to compel the attendance and
testimony of witnesses at any hearing before such board and compelling the
production of books, papers, records or other evidence. Witnesses
subpoenaed by the board shall receive the same fees and mileage allowed
witnesses in the district court and the same shall be paid as other
expenses incurred under this act.
History: L. 1941, ch. 348, § 9; June 30.
74-3903: Disposition of moneys received; abstracters' fee fund.
The abstracters' board of examiners shall remit all moneys received by
or for it from fees, charges or penalties to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such
remittance,
the state treasurer
shall
deposit the entire amount in the state treasury. Twenty percent
of each such deposit shall be credited to the state general fund
and
the balance shall be credited to the abstracters' fee fund. All
expenditures from such fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the chairperson of the board or
by a person or persons
designated by chairperson.
History: L. 1941, ch. 348, § 10;
L. 1956, ch. 52, § 26;
L. 1957, ch. 431, § 22;
L. 1963, ch. 398, § 29;
L. 1973, ch. 309, § 38;
L. 2001, ch. 5, § 320; July 1.