48-3102. (KCMJ Art. 136) Authority to administer oaths and act as notary. - Kansas Statutes

48-3102

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 31.--CODE OF MILITARY JUSTICE; MISCELLANEOUS PROVISIONS

      48-3102.   (KCMJ Art. 136) Authority to administer oaths and act as notary.(a) The following members of the state military forces, while attendingunit training assemblies or annual training or while performing activestate duty or otherwise under orders of the governor, may administeroaths for the purposes of military administration, including militaryjustice, and have the generalpowers of a notary public in the performance of all notarial acts to beexecuted by members of the state military wherever they may be, by personsserving with, employed by or accompanying the state military forces outsidethe state, and by other persons subject to this code outside of the state:

      (1)   The state judge advocate general and all assistant judge advocates;

      (2)   all summary courts-martial;

      (3)   all adjutants, assistant adjutants, acting adjutants and personneladjutants;

      (4)   all commanding officers; and

      (5)   all staff judge advocates and legal officersand acting or assistant staff judge advocates and legal officers.

      (b)   The following persons while attending unit trainingassemblies or annual training, while performing active state duty orotherwise under orders of the governor may administer oaths necessary inthe performance of their duties:

      (1)   The president, military judge, trial counsel andassistant trial counsel for allgeneral or special courts-martial;

      (2)   the president and the counsel for the court of any courtof inquiry;

      (3)   all officers designated to take a deposition;

      (4)   all persons detailed to conduct an investigation; and

      (5)   all other persons designated by regulations of the governor.

      (c)   No fee may be paid to or received by any person for theperformance of any notorial act herein authorized. The signature withoutseal of any such person, together with thetitle of the person's office, is prima facie evidence of his or her authority.

      History:   L. 1972, ch. 203, § 48-3102;L. 1988, ch. 191, § 61; July 1.