28-137. Fees for publication of legal notices and legal advertisements in newspapers; proof of publication; taxation and collection in actions or proceedings in court. (a) A newspaper shall charge and receive for publishing a legal advertisement a rate not exceeding the lowest regular classified advertising rate charged by the newspaper to its commercial customers.
(b) On or before July 1 of each year, the publisher of each newspaper that publishes any legal advertisement in this state shall file with the county clerk of the county in which the newspaper is located a card showing the newspaper's rates for legal advertisements, which shall be effective for a period of one year from the July 1 on or before which the filing is made.
(c) Any contract rates or volume discounts given to commercial customers by the newspaper shall be available to persons or political subdivisions causing publication of legal advertisements, under the same terms and conditions as for commercial advertisements.
(d) The classified rate for legal advertisements shall not in any year be increased by more than 15% in excess of the rate for the next preceding year.
(e) Proof of the publication of all such notices shall be made in the manner required by law or the order or citation of court or summons, and each such proof of publication shall be accompanied by a verified statement of the fees and charges therefor. The fees and charges of all such publications when made in any action or proceeding in any court of this state shall be taxed as costs and collected in the same manner as other costs in the action or proceeding.
(f) Failure to charge rates in accordance with this section shall in no way affect the validity of any official public notice or legal advertisement and shall not subject any such notice or advertisement to legal attack upon such grounds.
(g) As used in this section, "legal advertisement" and "political subdivision" have the meanings provided by K.S.A. 28-137b, and amendments thereto.
History: R.S. 1923, 28-137; L. 1941, ch. 234, § 1; L. 1949, ch. 264, § 1; L. 1959, ch. 185, § 1; L. 1968, ch. 177, § 1; L. 1973, ch. 134, § 34; L. 1980, ch. 118, § 3; L. 1981, ch. 173, § 2; L. 1982, ch. 166, § 4; L. 1989, ch. 115, § 1; July 1.
Structure Kansas Statutes
Chapter 28 - Fees And Salaries
Article 1 - Fees In All Counties And Salaries In Certain Counties
28-101 Prescription of fees and compensation.
28-103 County clerks; fees for services.
28-104 Fees to be charged by all county treasurers.
28-109 All sheriffs to make oaths as to care and maintenance of prisoners; desperate characters.
28-110 Sheriff fees for service, execution and return of process; procedure; payment; exemptions.
28-115a Register of deeds technology fund.
28-118 Engineer of two or more counties; pro rata payment of salary and expenses.
28-119 County engineer; salary, funds payable from; expenses; joint district.
28-123 Accounting of fees; fee books; delivery.
28-124 Fees of predecessor in office.
28-125 Witness fees and mileage; oath.
28-126 Certain officials not to receive witness fees.
28-137b Legal notices and advertisements; definitions.
28-137c Legal notices and advertisements; affidavit of publisher; proof of publication.
28-138 District court clerk's record of attendance of jurors and witnesses.
28-141 Proof and collection of fees paid in civil action.
28-142 Bill for fees or costs.
28-145 Duty of officer collecting costs on execution.
28-147 No fees for constructive service or mileage.
28-148 Fees to be uniform in state.
28-150 Payment of fees by county in criminal cases; jury fees in civil and criminal cases.
28-152 Process fees, return required.
28-153 Fees not due until services performed.
28-167 Allowance for assistance, deputies, clerical and stenographic hire in certain counties.
28-168 Same; monthly payment of salaries.
28-169 Same; allowance of traveling expenses and mileage.
28-170a Prosecuting attorneys' training fund; fees.
28-172b Indigents' defense services fund; expenditures.
28-175 Disposition of fees and compensation not authorized to be retained by officers and employees.
28-176 Laboratory analysis fee charged as separate court costs in certain cases; use of proceeds.
28-178 Same; discretionary charge by supreme court.
28-179 Post-decree motion docket fee; authorized only by legislative enactment.