FrankGoortani/open-us-law huggingface dataset:
K.S.A. § 40-4336 — KS Code / Chapter 40 / Article 43 / Section 40-4336
40-4336 - Same; commissioner's findings to approve application.
Status: in_force

40-4336. Same; commissioner's findings to approve application. (a) In order to approve an application and issue a certificate of authority to a special purpose insurance captive, the commissioner must find that:

(1) The proposed plan of operation provides a reasonable and expected successful operation;

(2) the terms of the transactions proposed in the plan of operation to which the special purpose insurance captive is a party comply with K.S.A. 40-4332 through 40-4352, and amendments thereto; and

(3) the commissioner of the domiciliary state of each ceding company has notified the commissioner in writing or the applicant has otherwise provided assurance satisfactory to the commissioner that such regulator has either approved or granted a disapproval of the special purpose insurance captive contract.

(b) In evaluating the expectation of a successful operation, the commissioner shall consider whether the proposed special purpose insurance captive and its management are of known good character and reasonably believed not to be affiliated, directly or indirectly, with a person known to have been involved with the improper manipulation of assets, accounts or reinsurance. In the event the commissioner of the state of domicile of any ceding company is not required to review the special purpose insurance captive contract, then the approval described in subsection (a)(3) shall not be required for licensing of the special purpose insurance captive hereunder.
K.S.A. § 46-271 — KS Code / Chapter 46 / Article 2 / Section 46-271
46-271 - Lobbying restrictions; gifts or contributions; hospitality; exceptions.
Status: in_force

46-271. Lobbying restrictions; gifts or contributions; hospitality; exceptions. No lobbyist shall offer, pay, give or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service having an aggregate value of $40 or more in any calendar year to any state officer or employee or candidate for state office or to any officer or candidate for office or employee of the judicial branch with a major purpose of influencing the state officer or employee or candidate for state office in the performance of official duties or prospective official duties or the officer or candidate for office or employee of the judicial branch in the performance of any judicial administrative matter, as defined in K.S.A. 46-225, and amendments thereto. Hospitality in the form of recreation, food and beverages are presumed not to be given to influence a state officer or employee or candidate for state office in the performance of official duties, or an officer or candidate for office or employee of the judicial branch in the performance of any judicial administrative matter, as defined in K.S.A. 46-225, and amendments thereto, except when a particular course of official action is to be followed as a condition thereon.

Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to: (1) Any contribution reported in compliance with the campaign finance act as amended; or (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business.
K.S.A. § 58-5002 — KS Code / Chapter 58 / Article 50 / Section 58-5002
58-5002 - Definitions.
Status: in_force

58-5002. Definitions. As used in the Kansas uniform directed trust act:

(1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this act or law of this state pertaining to trusts other than this act.

(2) "Directed trust" means a trust for which the terms of the trust grant a power of direction.

(3) "Directed trustee" means a trustee that is subject to a trust director's power of direction.

(4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.

(5) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in K.S.A. 58-5005(b), and amendments thereto.

(6) "Settlor" means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.

(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.

(8) "Terms of a trust" means:

(A) Except as otherwise provided in subsection (8)(B), the manifestation of the settlor's intent regarding a trust's provisions as:

(i) Expressed in the trust instrument; or

(ii) established by other evidence that would be admissible in a judicial proceeding; or

(B) the trust's provisions as established, determined, or amended by:

(i) A trustee or trust director in accordance with applicable law;

(ii) court order; or

(iii) a nonjudicial settlement agreement under K.S.A. 58a-111, and amendments thereto.

(9) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.

(10) "Trustee" includes an original, additional, and successor trustee, and a cotrustee.
K.S.A. § 48-1619 — KS Code / Chapter 48 / Article 16 / Section 48-1619
48-1619 - Citation of act.
Status: in_force

48-1619. Citation of act. This act shall be known and may be cited as the "nuclear energy development and radiation control act."
K.S.A. § 12-3501 — KS Code / Chapter 12 / Article 35 / Section 12-3501
12-3501 - Constitutional exemption not impaired.
Status: in_force

12-3501. Constitutional exemption not impaired. This act recognizes that section 1 of article 11 of the constitution of Kansas provides that all property used exclusively for state purposes shall be exempted from taxation. Nothing in this act shall be construed to reduce such constitutional exemption.
K.S.A. § 59-2254 — KS Code / Chapter 59 / Article 22 / Section 59-2254
59-2254 - Representation.
Status: in_force

59-2254. Representation. Any beneficiary who is under legal disability, and also all possible unborn or unascertained beneficiaries may be represented in a trust accounting by living competent members of the class to which they do or would belong, or by a guardian ad litem, as the court deems best.
K.S.A. § 40-257 — KS Code / Chapter 40 / Article 2 / Section 40-257
40-257 - Invalidity of code of 1927.
Status: in_force

40-257. Invalidity of code of 1927. If any section, subsection, paragraph or provision of this act shall be held to be invalid by any court for any reason, it shall be conclusively presumed that this act would have been passed by the legislature without such invalid section, subsection, paragraph or provision and such finding or construction shall not in any way affect the remainder of this act.
K.S.A. § 60-2008 — KS Code / Chapter 60 / Article 20 / Section 60-2008
60-2008 - Dispositive motion fee; authorized only by legislative enactment; exemptions.
Status: in_force

60-2008. Dispositive motion fee; authorized only by legislative enactment; exemptions. (a) On and after the effective date of this act, any party filing a dispositive motion shall pay a fee in the amount of $195 to the clerk of the district court. A poverty affidavit may be filed in lieu of payment of such fee, as established in K.S.A. 60-2001, and amendments thereto. The fee shall be disbursed in accordance with K.S.A. 20-362, and amendments thereto. The fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect such fee. Such fee shall be an item allowable as a cost pursuant to K.S.A. 60-2003, and amendments thereto.

(b) As used in this section, "dispositive motion" means a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment or partial summary judgment or a motion for judgment as a matter of law. "Dispositive motion" also shall include any motion determined by a judge to be seeking any disposition described in this subsection, regardless of the title assigned to such motion at the time of filing.

(c) The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, shall be exempt from paying such fee.

(d) The provisions of this section shall not apply to an action pursuant to the code of civil procedure for limited actions.

(e) This section shall be part of and supplemental to the code of civil procedure.
K.S.A. § 12-1654 — KS Code / Chapter 12 / Article 16 / Section 12-1654
12-1654 - Oil and gas leases; moneys to general fund.
Status: in_force

12-1654. Oil and gas leases; moneys to general fund. The governing body of any city of the second or third class is hereby authorized and empowered to lease any lands owned by such city which are located outside the corporate limits of such city for drilling for oil and gas, upon such terms as may be agreed upon. All moneys arising from such lease or the production of oil and gas shall become a part of the general fund of such city.
K.S.A. § 60-255 — KS Code / Chapter 60 / Article 2 / Section 60-255
60-255 - Default.
Status: in_force

60-255. Default. (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, the party is in default. On request and a showing that a party is entitled to a default judgment, the court must render judgment against the party in default for the remedy to which the requesting party is entitled. But a default judgment may be entered against a minor or incapacitated person only if represented by a guardian, conservator or other legally authorized representative who has appeared in the action, or by a guardian ad litem appointed by the court. If the party against whom a default judgment is sought has appeared personally, or by a representative, that party or its representative must be served with written notice of the request for judgment at least seven days before the hearing. The court may conduct hearings or make referrals, preserving any statutory right to a jury trial, when to enter or effectuate judgment it needs to:

(1) Conduct an accounting;

(2) determine the amount of damages;

(3) establish the truth of any allegation by evidence; or

(4) investigate any other matter.

(b) Setting aside a default judgment. The court may set aside a final default judgment under K.S.A. 60-260(b) and 60-309, and amendments thereto.

(c) Judgment against the state. A default judgment may be entered against the state, its officers or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.
K.S.A. § 12-8,104 — KS Code / Chapter 12 / Article 8 / Section 12-8,104
12-8,104 - Same; mortgages and deeds of trust of property and franchises.
Status: in_force

12-8,104. Same; mortgages and deeds of trust of property and franchises. For the security of bonds or notes issued or to be issued by a municipal energy agency, the municipal energy agency may mortgage or execute deeds of trust of the whole or any part of its property and franchises. Any mortgage or deed of trust covering the whole or any part of easements or other interests in real estate less than fee simple used in the generation or transmission of electric power, and covering fixtures annexed thereto, may be filed in the office of the secretary of state with or as a part of the financing statement covering the fixtures.
K.S.A. § 8-1,170 — KS Code / Chapter 8 / Article 1 / Section 8-1,170
8-1,170 - Distinctive license plates; transferability of plates.
Status: in_force

8-1,170. Distinctive license plates; transferability of plates. Except as otherwise provided by statute, the secretary of revenue shall adopt rules and regulations to establish a procedure for allowing the transfer of distinctive license plates issued pursuant to article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, from one vehicle to another for which such distinctive plates were originally issued, when the title to the original vehicle has not been transferred and the name or names of the owner or owners listed on the title to both vehicles are identical.
K.S.A. § 74-2115 — KS Code / Chapter 74 / Article 21 / Section 74-2115
74-2115 - Employees.
Status: in_force

74-2115. Employees. The superintendent shall employ, in accordance with appropriation acts and the provisions of the civil service law, such employees as may be required to administer properly the provisions of this act.
K.S.A. § 75-1258 — KS Code / Chapter 75 / Article 12 / Section 75-1258
75-1258 - Architectural, engineering or land surveying service contracts; liability insurance; responsibilities of project architect, engineer or land surveyor.
Status: in_force

75-1258. Architectural, engineering or land surveying service contracts; liability insurance; responsibilities of project architect, engineer or land surveyor. (a) Each contract for architectural, engineering or land surveying services negotiated under K.S.A. 75-1254 or 75-1257, and amendments thereto, shall be entered into between the secretary of administration or the state agency and the firm selected as the project architect, engineer or land surveyor, as the case may be. Each such contract shall require the project architect, engineer or land surveyor, as the case may be, to submit evidence which is satisfactory to the secretary of administration that the firm has general professional liability insurance or specific professional liability insurance which is adequate for the project.

(b) In addition to the requirements in subsection (a), each such contract for architectural, engineering or land surveying services shall specify the responsibilities undertaken by the project architect, engineer or land surveyor and that the project architect, engineer or land surveyor, as the case may be, shall be responsible for such architect's, engineer's or land surveyor's negligent acts, errors or omissions in the performance of such contract.
K.S.A. § 60-1704 — KS Code / Chapter 60 / Article 17 / Section 60-1704
60-1704 - Power to construe.
Status: in_force

60-1704. Power to construe. Any person having an interest under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may seek determination of any question of construction or validity arising under that enactment, document or agreement and may obtain a declaration of rights, status or other legal relations thereunder.
K.S.A. § 74-5074 — KS Code / Chapter 74 / Article 50 / Section 74-5074
74-5074 - Export loan guarantee fund; establishment; administration; uses; interest earned transferred from general fund.
Status: in_force

74-5074. Export loan guarantee fund; establishment; administration; uses; interest earned transferred from general fund. (a) There is hereby established the Kansas export loan guarantee fund in the state treasury. The Kansas export loan guarantee fund shall be administered by the secretary of commerce. All moneys in the Kansas export loan guarantee fund shall be used to provide guarantees against commercial preexport and postexport credit risks in accordance with this act.

(b) All moneys received for Kansas export loan financing guarantee fees under K.S.A. 74-5072, and amendments thereto, shall be remitted 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 to the credit of the Kansas export loan guarantee fund.

(c) On or before the 10 th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas export loan guarantee fund interest earnings based on:

(1) The average daily balance of moneys in the Kansas export loan guarantee fund for the preceding month; and

(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
K.S.A. § 21-2803 — KS Code / Chapter 21 / Article 28 / Section 21-2803
21-2803 - Trading stamp act inapplicable to certain coupons and similar devices.
Status: in_force

21-2803. Trading stamp act inapplicable to certain coupons and similar devices. This act shall not apply to any coupon, ticket, certificate, card or other similar device which is issued, distributed, furnished or redeemed:

(a) By a manufacturer or packer, when such coupon, ticket, certificate, card or other similar device is redeemable:

(1) Without or with accompanying cash, for any product of the manufacturer or packer or for one specified and particular product not manufactured or packed by the manufacturer or packer; or

(2) by the manufacturer or packer in cash.

(b) By a retailer, when such coupon, ticket, certificate, card or other similar device is redeemable by the retailer, with or without accompanying cash, for any product which the retailer normally sells in its usual course of business.

(c) By a person, firm, association or corporation, when such coupon, ticket, certificate, card or other similar device is redeemable, with or without accompanying cash, for air travel, hotel, motel and similar accommodations, vehicle rental or other travel or recreational services.
K.S.A. § 73-707 — KS Code / Chapter 73 / Article 7 / Section 73-707
73-707 - Flag and flagpole for every schoolhouse; flag use, etiquette and display.
Status: in_force

73-707. Flag and flagpole for every schoolhouse; flag use, etiquette and display. The board of education of every school district and the proprietor of a private or parochial school, in this state shall provide a suitable flag of the United States of America with staff or flagpole for every schoolhouse under the control and supervision of such board or proprietor. The flag shall be displayed in conformance with the instructions relating to flag etiquette, use and display adopted by the state board of education under K.S.A. 72-5308, and amendments thereto.
K.S.A. § 74-32,288 — KS Code / Chapter 74 / Article 32 / Section 74-32,288
74-32,288 - Kansas adult learner grant program fund; expenditures.
Status: in_force

74-32,288. Kansas adult learner grant program fund; expenditures. There is hereby created in the state treasury the Kansas adult learner grant program fund, which shall be administered by the state board of regents. All expenditures from the Kansas adult learner grant program fund shall be for Kansas adult learner grants awarded pursuant to the Kansas adult learner grant program. All expenditures from the Kansas adult learner grant program 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 executive officer of the state board of regents or the designee of the executive officer. All moneys received by such board for the Kansas adult learner grant program shall be deposited in the state treasury 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 to the credit of the Kansas adult learner grant program fund.
K.S.A. § 19-4501 — KS Code / Chapter 19 / Article 45 / Section 19-4501
19-4501 - Department of public works; establishment; establishment of divisions within department; assignment of functions and duties; division of highways.
Status: in_force

19-4501. Department of public works; establishment; establishment of divisions within department; assignment of functions and duties; division of highways. The board of county commissioners of any county may by resolution of the board establish a department of public works to secure the efficient management and coordination of various public works activities and services, including all functions conferred by law on the county engineer. Each department created under this act shall have a division of highways which shall include the construction and maintenance of highways, roads, bridges, culverts, signing and related activities. The board shall by resolution establish such other divisions of the department as deemed advisable and may transfer or assign to the department and divisions thereof any one or more of the following functions, services and activities which they may be authorized by law to perform or provide: (a) The maintenance of public buildings, grounds and facilities; (b) the maintenance of public parks and recreation facilities and other public grounds of the county; (c) the construction and maintenance of any sewers, drainage facilities and flood control projects; (d) the construction and maintenance of airport facilities; (e) solid waste management functions, including refuse collection and disposal services; (f) building, planning and related inspection services to secure the administration of regulatory codes and land use regulations; (g) the maintenance and custody of all machinery, equipment, supplies and other personal property used in connection with the public works services of the county; (h) such other public works functions or services as deemed advisable to secure the efficient and effective performance of county government and which are authorized by law.
K.S.A. § 19-27,187 — KS Code / Chapter 19 / Article 27 / Section 19-27,187
19-27,187 - Apportionment of costs.
Status: in_force

19-27,187. Apportionment of costs. (a) The county, upon a 4 / 5 vote of the governing body, may pay such portion of the cost of the improvement as the governing body may determine, but not more than 95% of the total cost thereof.

(b) If any property deemed benefited, by reason of any provision of law, shall be exempt from payment of special assessments therefor, such assessment shall be computed and shall be paid by the county at large.
K.S.A. § 74-8701 — KS Code / Chapter 74 / Article 87 / Section 74-8701
74-8701 - Title of act.
Status: in_force

74-8701. Title of act. K.S.A. 74-8701 through 74-8721 shall be known as and may be cited as the Kansas lottery act.
K.S.A. § 8-1009 — KS Code / Chapter 8 / Article 10 / Section 8-1009
8-1009 - Determination by prosecuting attorney of whether diversion agreement to be allowed.
Status: in_force

8-1009. Determination by prosecuting attorney of whether diversion agreement to be allowed. (a) Upon the filing of a first complaint, indictment or information alleging a person has violated K.S.A. 8-1567, and amendments thereto, or a county resolution which prohibits the acts prohibited by that statute, and prior to conviction thereof, the district attorney or county attorney shall determine whether the defendant shall be allowed to enter into a diversion agreement in accordance with this act.

(b) Upon the filing of a first complaint, citation or notice to appear alleging a person has violated a city ordinance which prohibits the acts prohibited by K.S.A. 8-1567, and amendments thereto, and prior to conviction thereof, the city attorney shall determine whether the defendant shall be allowed to enter into a diversion agreement in accordance with this act*.