reglab/housing_qa huggingface dataset:
KS Stat § 60-4708 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 47 - Construction Defects|60-4708 Association actions; property manager actions; unlawful acts.

60-4708. Association actions; property manager actions; unlawful acts. (a) A person shall not provide or offer to provide anything of monetary value to a property manager of an association or to a member or officer of an executive board of an association to induce the property manager, member or officer to encourage or discourage the association to file a claim for damages arising from a construction defect.(b) A property manager shall not accept anything of value given in exchange for encouraging or discouraging the association that such property manager manages to file a claim for damages arising from a construction defect.(c) A member or officer of an executive board of an association shall not accept anything of value given in exchange for encouraging or discouraging the association of which such person is a member or officer of the executive board to file a claim for damages arising from a construction defect.(d) A person who willfully violates this section shall be guilty of a class C nonperson misdemeanor.History: L. 2003, ch. 74, § 8; July 1.
KS Stat § 60-4709 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 47 - Construction Defects|60-4709 Association action for construction defects in common-interest community; majority vote.

60-4709. Association action for construction defects in common-interest community; majority vote. (a) An association may bring an action to recover damages resulting from construction defects in any of the units, common elements or limited common elements of the common-interest community only:(1) Upon a vote of the units' owners to which at least a majority of the votes of the members of the association are allocated; and(2) upon a vote of the executive board of the association.(b) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element or limited common element caused by a construction defect unless:(1) The person performing the tests is someone in the business of performing such tests and analysis;(2) the person performing the tests has provided a written schedule for repairs;(3) the person performing the tests is required to repair all damage resulting from such tests in accordance with state laws and local ordinances and codes relating thereto; and(4) the association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests.(c) An association may commence an action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of an action is to be considered or action is to be taken within 21 calendar days before the meeting.(d) In the absence of a contractual provision to the contrary, the executive board of an association, without giving notice to the units' owner's, may employ a contractor and such other persons as are necessary to make such repairs to a unit or common element within the common-interest community as are required to protect the health, safety and welfare of the units' owners.History: L. 2003, ch. 74, § 9; July 1.
KS Stat § 60-4710 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 47 - Construction Defects|60-4710 Severability clause.

60-4710. Severability clause. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.History: L. 2003, ch. 74, § 10; July 1.
KS Stat § 60-4802 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 48 - Immunity From Liability For Claims Of Obesity|60-4802 Severability clause.

60-4802. Severability clause. The provisions of this act are severable. If any portion of this act is declared unconstitutional or the application of any part of this act to any person or circumstance is held invalid, the remaining portions of the act and their applicability to any person or circumstance shall remain valid and enforceable.History: L. 2005, ch. 137, § 2; Apr. 21.
KS Stat § 60-4904 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4904 Same; preclusion of claims, when.

60-4904. Same; preclusion of claims, when. (a) Notwithstanding any other provision of the Kansas Statutes Annotated, and amendments thereto, for any claim based upon a nonmalignant condition resulting from silica or asbestos that is not barred as of the effective date of this act, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that such person has a physical impairment due to a nonmalignant condition resulting from silica or asbestos. A claim based upon a nonmalignant condition resulting from silica or asbestos is preserved for purposes of the period of limitations if such was filed before the cause of action arises pursuant to this section and amendments thereto.(b) A silica or asbestos claim for a nonmalignant condition shall not preclude or bar a subsequent claim by the same exposed person for silica-related cancer or asbestos-related cancer. No damages shall be awarded for fear or risk of cancer in any civil action asserting only a silica or asbestos claim for a nonmalignant condition.(c) No settlement of a silica or asbestos claim for a nonmalignant condition that is concluded after the effective date of this section shall require the release of any future claim for silica-related cancer or asbestos-related cancer as a condition of settlement.History: L. 2006, ch. 196, § 4; July 1.
KS Stat § 60-4905 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4905 Same; premises owner liability.

60-4905. Same; premises owner liability. The following apply to all civil actions for silica or asbestos claims brought against a premises owner to recover damages or other relief for exposure to silica or asbestos on the premises owner's property: (a) No premises owner shall be liable for any injury to any individual resulting from silica or asbestos exposure unless such individual's alleged exposure occurred while the individual was at or near the premises owner's property.(b) If exposure to silica or asbestos is alleged to have occurred before January 1, 1972, it is presumed that a premises owner knew that this state had adopted safe levels of exposure for silica or asbestos and that products containing silica or asbestos were used on its property only at levels below those safe levels of exposure. To rebut this presumption, the plaintiff must prove by a preponderance of the evidence that the premises owner knew or should have known that the premises were unreasonably dangerous to invitees and the premises owner allowed that condition to persist.(c) (1) A premises owner that hired a contractor to perform the type of work at the premises owner's property that the contractor was qualified to perform cannot be liable for any injury to any individual resulting from silica or asbestos exposure caused by any of the contractor's employees or agents on the premises owner's property unless the premises owner directed the activity that resulted in the injury or gave or denied permission for the critical acts that led to the individual's injury or knowingly allowed a dangerous condition caused by the contractor to persist.(2) If exposure to silica or asbestos is alleged to have occurred after January 1, 1972, a premises owner shall not be liable for any injury to any individual resulting from that exposure caused by a contractor's employee or agent on the premises owner's property unless the plaintiff establishes the premises owner's violation of an established safety standard that was in effect at the time of the exposure and that the alleged violation was in the plaintiff's breathing zone and was the proximate cause of the plaintiff's medical condition.History: L. 2006, ch. 196, § 5; July 1.
KS Stat § 60-4906 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4906 60-4906.Same; affect on other laws.

60-4906. Same; affect on other laws. (a) Nothing in K.S.A. 2021 Supp. 60-4901 to 60-4905, inclusive, and amendments thereto, is intended or shall be construed to:(1) Apply to or affect the rights of any party in bankruptcy proceedings.(2) Apply to or affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.(b) K.S.A. 2021 Supp. 60-4901 to 60-4905, inclusive, and amendments thereto, shall not:(1) Apply to or affect the scope or operation of any workers' compensation law or veterans' benefit program or the exclusive remedy of subrogation under the provisions of that law or program; and(2) authorize any lawsuit that is barred by any provision of any workers' compensation law.(c) Nothing in this act, and amendments thereto, shall require the exhumation of bodies in making the prima facie showing as required by K.S.A. 2021 Supp. 60-4902, and amendments thereto, or rebutting the presumption as provided in K.S.A. 2021 Supp. 60-4902, and amendments thereto.History: L. 2006, ch. 196, § 6; July 1.
KS Stat § 60-4907 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4907 Same; burden of proof.

60-4907. Same; burden of proof. (a) In any civil action under this act, and amendments thereto, alleging an asbestos or silica claim, the party with the burden of establishing the claim or affirmative defense must show that the alleged exposure attributable to a given person or party was a substantial factor in causing the injury, loss or damages.(b) In determining whether any given claimed or alleged exposure was a substantial factor in causing the plaintiff's injury, loss or damages, the court shall consider, without limitation, all of the following:(1) The manner in which the plaintiff was exposed.(2) The proximity to the plaintiff when the exposure occurred.(3) The frequency and length of the plaintiff's exposure;(4) any factors that mitigated or enhanced the plaintiff's exposure.History: L. 2006, ch. 196, § 7; July 1.
KS Stat § 60-4908 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4908 Same; applicability of act.

60-4908. Same; applicability of act. This act shall apply to all civil actions that allege a silica or asbestos claim that are filed on or after the effective date of this act.History: L. 2006, ch. 196, § 8; July 1.
KS Stat § 60-4909 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4909 Same; severability.

60-4909. Same; severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.History: L. 2006, ch. 196, § 9; July 1.
KS Stat § 60-4910 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4910 Same; preemption by federal law, effect of.

60-4910. Same; preemption by federal law, effect of. If any provision of this act or the application thereof to any person or circumstance is held to be preempted by federal law, the preemption shall not affect other provisions or applications of the act which can be given effect.History: L. 2006, ch. 196, § 10; July 1.
KS Stat § 60-4911 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4911 Same; citation of act.

60-4911. Same; citation of act. K.S.A. 2021 Supp. 60-4901 through 60-4911 may be cited as the silica and asbestos claims act.History: L. 2006, ch. 196, § 11; July 1.
KS Stat § 60-4912 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4912 Asbestos trust claims transparency act; citation of act.

60-4912. Asbestos trust claims transparency act; citation of act. K.S.A. 2021 Supp. 60-4912 through 60-4918, and amendments thereto, may be cited as the asbestos trust claims transparency act.History: L. 2018, ch. 25, § 1; July 1.
KS Stat § 60-4913 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4913 Same; definitions.

60-4913. Same; definitions. The following definitions apply to this act:(a) "Asbestos" has the same meaning as defined in K.S.A. 2021 Supp. 60-4901, and amendments thereto.(b) "Asbestos claim" has the same meaning as defined in K.S.A. 2021 Supp. 60-4901, and amendments thereto.(c) "Asbestos trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. § 524(g) or § 1121(a) or other applicable provision of law, that is intended, in whole or in part, to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.(d) "Plaintiff" means the person bringing the asbestos claim, including a personal representative if the asbestos claim is brought by an estate, or a conservator or next friend if the asbestos claim is brought on behalf of a minor or legally incapacitated individual, and any person who is representing the plaintiff or has a fiduciary duty to the plaintiff for the action, including the plaintiff's representatives, agents, counsel and assigns.(e) "Trust claim materials" means all documents and information filed or submitted by or on behalf of the plaintiff as part of or related to a claim against an asbestos trust, including a final executed proof of claim, claim forms and supplementary materials, affidavits, depositions and trial testimony, work history, medical and health records, documents demonstrating asbestos exposure or the health effects of exposure to asbestos or the validity of a trust claim or other materials that an asbestos trust requires in order to support the trust claim, documents reflecting the status of a claim against an asbestos trust, and, if the trust claim has settled, all documents relating to the settlement of the asbestos trust claim.(f) "Trust governance documents" means all documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.History: L. 2018, ch. 25, § 2; July 1.
KS Stat § 60-4915 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4915 Same; filing of asbestos trust claims.

60-4915. Same; filing of asbestos trust claims. (a) A defendant may file a motion no later than the date the court establishes for the completion of all fact discovery identifying the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.(b) Within 10 days after receiving the defendant's motion, the plaintiff shall:(1) File the asbestos trust claims;(2) file a written response with the court stating why there is insufficient evidence for the plaintiff to file the asbestos trust claims; or(3) file a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff's reasonably anticipated recovery.(c) (1) If the court determines that there is a sufficient basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos claim until the plaintiff files the asbestos trust claim and produces all related trust claim materials.(2) If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff's reasonably anticipated recovery, the plaintiff shall file with the court and provides [provide] all parties with a verified statement of the plaintiff's history of exposure, usage or other connection to asbestos covered by that asbestos trust within 30 days of the court's determination.History: L. 2018, ch. 25, § 4; July 1.
KS Stat § 60-4916 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4916 Same; discovery.

60-4916. Same; discovery. (a) Trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos claim. A claim of privilege does not apply to any trust claim materials or trust governance documents.(b) A defendant in an asbestos claim may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.History: L. 2018, ch. 25, § 5; July 1.
KS Stat § 60-4917 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4917 Same; reopening of judgment.

60-4917. Same; reopening of judgment. (a) If the plaintiff or a person on the plaintiff's behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos claim, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos claim and adjust the judgment by the amount of any subsequent asbestos trust payments obtained by the plaintiff and order any other relief to the parties that the court considers just and proper.(b) A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one year after the judgment in the asbestos claim was entered.History: L. 2018, ch. 25, § 6; July 1.
KS Stat § 60-4918 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 49 - Silica And Asbestos|60-4918 Same; applicability of act.

60-4918. Same; applicability of act. This act shall apply to all asbestos claims filed on or after July 1, 2018.History: L. 2018, ch. 25, § 7; July 1.
KS Stat § 60-5002 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 50 - Miscellaneous Civil Actions|60-5002 Civil action for victims of terrorism or the furtherance of terrorism or illegal use of weapon of mass destruction.

60-5002. Civil action for victims of terrorism or the furtherance of terrorism or illegal use of weapon of mass destruction. (a) A person injured as a result of the conduct of another that would constitute conduct prohibited by K.S.A. 2021 Supp. 21-5421 or 21-5423, and amendments thereto, may bring an action in an appropriate state court against the person or persons who engaged in such conduct.(b) In any action brought under this section, a prevailing plaintiff shall recover up to three times the actual damages such person sustained or $10,000, whichever is greater, and the cost of the suit, including reasonable attorney's fees.(c) Notwithstanding any other provision of law, any action commenced under this section shall be filed within five years after the later of:(1) The date of discovery of the violation of K.S.A. 2021 Supp. 21-5421 or 21-5423, and amendments thereto; or(2) the conclusion of a related criminal case.(d) At the victim's request, the attorney general may pursue cases on behalf of any Kansas victim under this section. All damages obtained shall go to the victim, and the attorney general may seek reasonable attorney's fees and costs.(e) Any action brought under this section shall be subject to the provisions of K.S.A. 74-7312, and amendments thereto.History: L. 2014, ch. 51, § 1; July 1.
KS Stat § 60-5003 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 50 - Miscellaneous Civil Actions|60-5003 Civil action for victims of human trafficking or commercial sexual exploitation of a child.

60-5003. Civil action for victims of human trafficking or commercial sexual exploitation of a child. (a) A victim of the conduct of another that would constitute conduct prohibited by K.S.A. 2021 Supp. 21-5426, and amendments thereto, human trafficking or aggravated human trafficking, or K.S.A. 2021 Supp. 21-6422, and amendments thereto, commercial sexual exploitation of a child, may bring an action in an appropriate state court against the person or persons who engaged in such conduct if the victim suffered personal or psychological injury as a result of the conduct. Such victim may seek actual damages, exemplary or punitive damages, injunctive relief and any other appropriate relief.(b) In an action under this section, the court shall award a prevailing plaintiff the cost of the suit, including reasonable attorney fees. A victim who is awarded damages under this section shall be deemed to have sustained damages of at least $150,000.(c) Notwithstanding any other provision of law, any action commenced under this section shall be filed within 10 years after the later of the date on which the victim:(1) Was freed from the human trafficking situation; or(2) attained 18 years of age.(d) At the victim's request, the attorney general may pursue cases on behalf of any Kansas victim under this section. All damages obtained shall go to the victim, and the attorney general may seek reasonable attorney fees and costs.(e) Any action brought under this section shall be subject to the provisions of K.S.A. 74-7312, and amendments thereto.(f) This section does not preclude any other remedy available to the victim under federal law or law of this state.History: L. 2015, ch. 94, § 1; July 1.
KS Stat § 60-5101 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 51 - Application Of Foreign Laws, Legal Codes Or Systems|60-5101 Legislative declaration.

60-5101. Legislative declaration. While the legislature fully recognizes the right to contract freely under the laws of this state, it also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state's interest to protect and promote rights and privileges granted under the United States or Kansas constitution, including, but not limited to, equal protection, due process, free exercise of religion, freedom of speech or press, and any right of privacy or marriage.History: L. 2012, ch. 136, § 1; July 1.
KS Stat § 60-5102 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 51 - Application Of Foreign Laws, Legal Codes Or Systems|60-5102 Foreign law, legal code and system defined.

60-5102. Foreign law, legal code and system defined. As used in this act, "foreign law," "legal code" or "system" means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction's courts, administrative bodies or other formal or informal tribunals.History: L. 2012, ch. 136, § 2; July 1.