Bulletin: KS000004

Dear Associates:

The following Kansas Bills have passed and are signed and enrolled. They will be effective July 1, 2006.

HB 2485--enrolled and signed:

"A notary public who is not admitted to the practice of law...and who advertises notarial services in a language other than English shall include, in any advertisement, notice, letterhead or sign, a statement prominently displayed, in the same language in which such notarial services are offered, as follows: 'I am not authorized to practice law and have no authority to give advice on immigration law or other legal matters.'"

"A notary public who is not admitted to the practice of law in this state shall not use the term 'notario publico' or any equivalent non-English term in any business card, advertisement, notice or sign unless the above disclosure is included."

COMMENT: Some offices post signage that Spanish is spoken (Se Hable Espanol). Those offices should not include any advertisement of a notary service unless the statutory language is used.

Link to bill: http://www.kslegislature.org/bills/2006/2485.pdf

HB 2659--enrolled and signed:

Amends KSA 40-235 and defines reasonable search and examination and determination of insurability.

(1)"For owner's policies of title insurance and loan policies of title insurance insuring purchase money mortgages, such search and examination shall be conducted by a title insurance agent or an employee of a title insurance company licensed to do business in this state or an abstracter licensed to do business in this state. The search and examination shall be based upon a search of all applicable records of the county, state and federal offices in which the real estate is located, as may pertain to the marketability of title for a minimum period of 25 years, or from the date of the previously issued title insurance policy, whichever period is less."

COMMENT: Confirm that searchers and searches comply with statute.
Link to bill: http://www.kslegislature.org/bills/2006/2659.pdf

HB 2676--enrolled and signed:

Any residential restrictive covenant which requires wood shingles or wood shakes is "against public policy… and VOID and unenforceable unless the covenant also allows for use of an alternative material which is comparable in appearance, flame resistant or retardant and meets or exceeds fire prevention standards established by building code…"

COMMENT: While this does not directly apply to us (we will continue to except to a recorded restrictive covenant and not render any opinion as to whether or not it complies with this statute) it would be a marketing consideration to advise your Kansas builders about the statute. This provision applies to all covenants, not just prospectively. Link to bill: http://www.kslegislature.org/bills/2006/2676.pdf

HB 2709-enrolled and signed:

Statutory enactment of Stone v. U.S.D. No. 222, 278 Kan. 166; 91 P.3d 1194, Kan. 2004. Permits a railroad to transfer fee title to real estate acquired by railroad, provided railroad acquired the real estate by general warranty deed without restriction on how property to be used.

To obtain a full copy of the bill, link to the website at: http://www.kslegislature.org/bills/2006/2709.pdf.