reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-722a Cedar Bluff irrigation district No. 6; dissolution; procedure.

42-722a.
Cedar Bluff irrigation district No. 6; dissolution; procedure.
The board of directors of Cedar Bluff irrigation district No. 6 may present a petition, adopted by a majority of the directors, to the chief engineer requesting the dissolution of such district. The petition shall state the district has no real property; and that the district is not functioning, had ceased to function and probably will continue inoperative; and that all indebtedness and obligations of the district have been satisfied. Upon finding that the petition is true, the chief engineer shall issue a certificate in duplicate, declaring the irrigation district dissolved, and shall forward the original of the certificate to the secretary of state and the duplicate to the secretary of the board of directors of the irrigation district. The certificate shall: (a) Direct the secretary of the district to file all minutes and records of the district with the county clerk of the county wherein the registered office of the irrigation district is located; (b) direct the officer of such district having custody of any personal property other than moneys to make such disposition as the chief engineer deems proper; and (c) direct the treasurer of such district to distribute moneys held in the name of the district to the owners of property within the irrigation district. Such moneys shall be apportioned to each property owner in the district in the same proportion that the number of irrigable acres owned by a property owner, and located in such district, bears to the total number of irrigable acres in the district. The irrigation district shall be dissolved and cease to exist upon expiration of 30 days after the date of the issuance of such certificate, or upon expiration of 30 days after a final order pursuant to K.S.A. 2000 Supp. 82a-1901, and amendments thereto, or final judicial determination affirming the findings of the chief engineer, as set out in the certificate, in event that an appeal is taken therefrom.
History:
L. 1993, ch. 212, § 3; L. 1999, ch. 130, § 3; July 1.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-724 Invalidity of part.

42-724.
Invalidity of part.
The sections and provisions of this act are severable and are not matters of mutual essential inducement, and it is the intention of the legislature to confer the whole or any part of the powers herein provided for and if any section, provision or part or parts thereof are for any reason held unconstitutional, void or inoperative, it is the intention that the remaining sections, provisions and parts thereof shall remain in full force and effect.
History:
L. 1941, ch. 262, § 24; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-725 Changing of boundaries; petition; approval of chief engineer; withdrawal of name from petition, when.

42-725.
Changing of boundaries; petition; approval of chief engineer; withdrawal of name from petition, when.
The holders of title, representing one-half or more of lands which taken together constitute one tract of land located adjacent to the boundaries of an irrigation district or located within the same county as a part of an irrigation district, may file with the directors of such irrigation districts, a petition for the changing and extending the boundaries of such district to include such additional lands. The holders of title to lands located within the boundaries of an irrigation district may file with the directors of such irrigation district a petition for the changing of the boundaries of such district to exclude from the district lands which they own. The petition shall describe the boundaries of the proposed additional lands or lands to be excluded, and shall describe the boundaries of the several parcels respectively owned by each of the petitioners, but such description need not be more particular than is required by fractional portions of a quarter section of land. A certified copy of the petition and description of additional lands, proposed to be included in the district, or a description of the lands proposed to be excluded shall be filed with the chief engineer of the division of water resources of the Kansas department of agriculture. The board of directors of the irrigation district shall not take action upon such petition without the approval of said chief engineer. A signer upon such petition shall not be permitted to withdraw his name as a signer except for fraud, undue influence or mutual mistake of fact.
History:
L. 1947, ch. 284, § 3; L. 1967, ch. 277, § 1; L. 2004, ch. 101, § 78; July 1.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-726 Same; notice by publication; objections in writing.

42-726.
Same; notice by publication; objections in writing.
After such petition has been approved in writing by the chief engineer, the board of directors of the irrigation district shall cause a notice of the filing of such petition to be given and published in the same manner and for the same time as notices for hearing on petition for organization of original irrigation district are required by section 1* of this act. The notice shall state the filing of such petition, a general description of lands mentioned in said petition, and the prayers of the petition. The notice shall be directed to all persons concerned without specifically naming said persons. The notice shall inform such persons concerned to appear in the office of the directors of the irrigation district at a time stated therein, and show cause, in writing, if any they have, why the change in the boundaries of the district as proposed in the petition should not be made.
History:
L. 1947, ch. 284, § 4; April 10.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-727 Same; hearing on petition.

42-727.
Same; hearing on petition.
The board of directors, at the time and place stated in the notice, or upon an adjourned hearing thereof, shall proceed to hear the petition, and all objections thereto presented in writing by any person concerned. The failure of any person interested or concerned in the district or the proposed addition thereto or the proposed exclusion of lands therefrom, to show cause of objections in writing, shall be deemed and taken as an assent to the change of the boundaries of the district as prayed for in the petition, or such a change as will include a part or all of proposed additional lands or will exclude a part or all of the lands proposed to be excluded. The filing of the petition with the board of directors shall be deemed and taken as an assent on the part of each and all of the petitioners to such a change of the boundaries of the district as may include the whole or any portion of the lands included in the petition or will exclude the whole or any portion of the lands included in the petition.
History:
L. 1947, ch. 284, § 5; L. 1967, ch. 277, § 2; July 1.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-728 Same; payments by petitioners may be required.

42-728.
Same; payments by petitioners may be required.
The board of directors, to whom a petition for change of boundaries is presented, may require as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be determined by the said directors, as such petitioners or their predecessors in title would have been required to pay to such district as assessments, had such lands been included in such districts at the time the same was originally formed, exclusive of assessments for water previously supplied to original water users in the original district.
History:
L. 1947, ch. 284, § 6; April 10.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-729 Same; order on petition.

42-729.
Same; order on petition.
The board of directors, if it deems it for the best interests of the district, may reject the petition for change of boundaries or inclusion or exclusion of lands. If it deems it for the best interests of the district or the petitioners that the boundaries of the district be changed, the board shall, by order duly made, include in the district the lands described in the petition, or such part thereof as shall be determined advisable by said board or exclude from the district the lands described in the petition, or such part thereof as shall be determined advisable by said board.
History:
L. 1947, ch. 284, § 7; L. 1963, ch. 269, § 1; L. 1967, ch. 277, § 3; July 1.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-730 Same; amendment to articles of incorporation; recordation; effect.

42-730.
Same; amendment to articles of incorporation; recordation; effect.
In the event a change in the boundaries of a district is made by an order of the board of directors, said board of directors shall present to the secretary of state an amendment to its articles of incorporation, containing the legal description of the lands to be annexed to or excluded from the district. A certified copy of the amendment to the articles of incorporation shall be filed for record with the register of deeds of each county wherein any district lands or any of the lands added to and included in or excluded from the district are located, and with the chief engineer of the division of water resources. Thereupon the irrigation district shall be and remain an irrigation district as fully and as to every intent and purpose as if the lands which are included in the district by the change of boundaries, had been included therein at the original organization of the district or as if the lands which were excluded from the boundaries of the district had never been included therein.
History:
L. 1947, ch. 284, § 8; L. 1963, ch. 269, § 2; L. 1967, ch. 277, § 4; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-107 Drawing of grand and petit jurors.

43-107. Drawing of grand and petit jurors.
(a) At least 30 days before service is required, the clerk of the court of the county where such court is to be held shall draw from the jury box the names of 30 persons to serve as grand jurors and the names of 24 persons to serve as petit jurors. In the event that a county has appropriate base information programmed as a part of its computer operations so that it might comply with the spirit of the jury selection laws of Kansas, the jury commissioners may by local rule provide alternate methods for securing jury panels directly from the computer without the necessity of drawing names or cards from a wheel manually.
(b) Upon receipt of a list of all remaining legally qualified grand jurors from the court pursuant to K.S.A. 22-3002, and amendments thereto, the clerk of the court of the county where such court is to be held shall draw for a second time 15 names of persons to serve as grand jurors from such list. In the event that the county in which court is to be held has an alternate method for securing jury panels directly from the computer, the clerk shall use the computer to generate 15 names of persons to serve as grand jurors from such list.
History:
G.S. 1868, ch. 54, § 9; R.S. 1923, 43-107; L. 1947, ch. 285, § 1; L. 1971, ch. 177, § 1; L. 2007, ch. 190, § 10; L. 2013, ch. 85, § 17; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-112a Montgomery county; jurors to serve at either court on order of judge.

43-112a.
Montgomery county; jurors to serve at either court on order of judge.
All jurors drawn for service in the district court, either at Independence or Coffeyville, shall be eligible to serve both at Independence or Coffeyville for and during the term for which they are drawn, if ordered to do so by the court or the judge, and during the time they serve as jurors, as herein provided, they shall appear for jury service in either such place as may be so ordered.
History:
L. 1927, ch. 183, § 6; L. 1929, ch. 163, § 2; L. 2007, ch. 190, § 11; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-112b Neosho county; jurors to serve at Chanute or Erie, when.

43-112b.
Neosho county; jurors to serve at Chanute or Erie, when.
All jurors drawn for service in the district court of Neosho county, either at Chanute or Erie, shall be eligible to serve both at Chanute and Erie for and during the terms for which they are drawn, if ordered to do so by the court or the judge, and during the time they serve as jurors, as herein provided, they shall appear for jury service in either such place as may be ordered.
History:
L. 1957, ch. 203, § 2; L. 2007, ch. 190, § 12; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-127 Penalty for seeking jury service or to have another placed on jury list.

43-127.
Penalty for seeking jury service or to have another placed on jury list.
If any person shall ask, procure or offer to procure, for himself or for another person, a place upon any jury, or shall seek to have himself or another placed upon the list of jurors as by this act provided, he shall be deemed guilty of a misdemeanor, and fined not less than five dollars for each offense.
History:
L. 1876, ch. 104, § 7; March 10; R.S. 1923, 43-127.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-155 Jury service; declaration of public policy.

43-155.
Jury service; declaration of public policy.
The public policy of this state is declared to be that jury service is the solemn obligation of all qualified citizens, and that excuses from the discharge of this responsibility should be granted by the judges of the courts of this state only for reasons of compelling personal hardship or because requiring service would be contrary to the public welfare, health or safety; that all litigants entitled to trial by jury shall have the right to juries selected at random from a fair cross section of the community in the district wherein the court convenes; and that all citizens shall have the opportunity to be considered for service on juries in the district courts of Kansas.
History:
L. 1971, ch. 176, § 1; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-156 Same; right to serve as juror; qualification as elector.

43-156.
Same; right to serve as juror; qualification as elector.
No person shall be excluded from service as a grand or petit juror in the district courts of Kansas on account of race, color, religion, sex, national origin, or economic status. Every juror, grand and petit, shall be a citizen of the state, resident of the county and possess the qualifications of an elector as now, or in the future established.
History:
L. 1971, ch. 176, § 2; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-157 Same; definitions.

43-157.
Same; definitions.
As used in this act unless the context otherwise requires: (a) "Jury list" means a list of those persons qualified for jury duty in a county as such list is prepared in accordance with this act;
(b) "Commissioner" or "jury commissioner" means the judge or judges of the district court in each county, or a person appointed to serve as jury commissioner by a district court;
(c) "Wheel" means a container in which may be placed cards bearing the names of persons on the jury list of a county.
History:
L. 1971, ch. 176, § 3; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-158 Same; persons excluded from jury service.

43-158.
Same; persons excluded from jury service.
The following persons shall be excused from jury service: (a) Persons unable to understand the English language with a degree of proficiency sufficient to respond to a jury questionnaire form prepared by the commissioner;
(b) persons under adjudication of incompetency;
(c) persons who within 10 years immediately preceding have been convicted of or pleaded guilty, or nolo contendere, to an indictment or information charging a felony;
(d) persons who have served as jurors in the county within one year immediately preceding; and
(e) a mother breastfeeding her child. Jury service shall be postponed until such mother is no longer breastfeeding the child.
History:
L. 1971, ch. 176, § 4; L. 1998, ch. 195, § 3; L. 2000, ch. 42, § 1; L. 2006, ch. 11, § 2; March 16.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-159 Same; exclusions from jury service by court.

43-159.
Same; exclusions from jury service by court.
In addition to the persons excused from jury service in K.S.A. 43-158, and amendments thereto, the following persons may be excused from jury service by the court: (a) Persons so physically or mentally infirm as to be unequal to the task of ordinary jury duty;
(b) persons whose presence elsewhere is required for the public welfare, health or safety;
(c) persons for whom jury service would cause extraordinary or compelling personal hardship; and
(d) persons whose personal relationship to the parties or whose information or interest in the case to be tried is such that there is a probability such persons would find it difficult to be impartial.
History:
L. 1971, ch. 176, § 5; L. 2000, ch. 42, § 2; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-160 Same; taxpayers of municipality not excluded from jury service in actions against municipality.

43-160.
Same; taxpayers of municipality not excluded from jury service in actions against municipality.
In all actions brought by or against any county, city or other municipal corporations, inhabitants of the same may be jurors if otherwise competent and qualified and may not be disqualified from serving as jurors in any such action for the sole reason of being taxpayers thereof.
History:
L. 1971, ch. 176, § 6; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-161 Same; juror questionnaires; failure to or falsely answering questions, criminal penalty.

43-161.
Same; juror questionnaires; failure to or falsely answering questions, criminal penalty.
Each jury commissioner may require any person whose name has been selected for a jury list prepared in accordance with the provisions of K.S.A. 43-162, and amendments thereto, to answer in writing such questions as the commissioner may address to such person, relating to such person's name, age, residence, occupation and qualifications as a juror, with a view to the due and faithful jury service of such person and such questions involving similar matters relating to all persons living in such person's residence.
Any such person whose name has been selected for a jury list who fails or refuses to answer such questions in writing and signing such person's name thereto, shall be cited for contempt of court.
Any such person whose name has been selected for a jury list who willfully or corruptly makes false answers to such questions put to such person by the jury commissioner shall be guilty of a class A nonperson misdemeanor.
History:
L. 1971, ch. 176, § 7; L. 1998, ch. 195, § 4; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-162 Jury service; preparation of jury lists.

43-162.
Jury service; preparation of jury lists.
All jury lists shall be prepared in accordance with the provisions of this act. Jury commissioners shall cause to be prepared under their supervision a list of persons qualified as jurors in each county. Jury lists shall be prepared from voter registration records of the county, lists of licensed drivers residing in the county or enumeration or census records for the county, in accordance with the intent and purposes of this act. On and after January 1, 1985, lists of holders of state-issued nondrivers' identification cards who reside in the county may also be used in the preparation of jury lists. Jury lists prepared from multiple sources may be used if one or more of the foregoing records is used as a material source in preparing the list. The commissioners shall cause the jury list of each county to be revised and updated by adding names of qualified jurors and removing names of those who have died, removed from the county, or who have otherwise become disqualified. For the purposes of preparation and revision of jury lists, commissioners shall have access to the voter registration records of the county, records of the division of vehicles pertaining to licensed drivers who reside in the county and enumeration or census records for the county. On and after January 1, 1985, commissioners shall have access to records of the division of vehicles pertaining to nondrivers' identification card holders who reside in the county, for the purposes of preparation and revision of jury lists.
History:
L. 1971, ch. 176, § 8; L. 1981, ch. 202, § 1; L. 1983, ch. 162, § 1; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-163 Same; preparation of cards for wheel; drawing of cards to select jury panels; maintenance and control of wheel; use of computers, when.

43-163.
Same; preparation of cards for wheel; drawing of cards to select jury panels; maintenance and control of wheel; use of computers, when.
Jury commissioners shall cause cards to be prepared such that the name of each person on the jury list shall appear on one card. Such cards shall be of uniform kind and size. Such cards shall be placed in a wheel designated by the commissioner, and while in the wheel shall be thoroughly mixed. After such cards are thoroughly mixed in the wheel, cards may be drawn therefrom as provided in this act for selection of members of jury panels. There shall be one and only one wheel for each county, and the commissioner shall assure that it is kept securely locked and it shall be maintained under the control of the commissioner. In the event that a county has appropriate base information programmed as a part of its computer operations so that it might comply with the spirit of the jury selection laws of Kansas the jury commissioners may by local rule provide alternate methods for securing jury panels directly from the computer without the necessity of drawing names or cards from a wheel manually.
History:
L. 1971, ch. 176, § 9; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-164 Same; selection of jury panels; procedure.

43-164.
Same; selection of jury panels; procedure.
Whenever it is necessary to secure a panel of jurors, or additional members for a panel of jurors, names shall be drawn from the wheel of the county as herein provided. If such panel of jurors, or additional names for a panel, is to be drawn to serve in the district court, the district judge, or a person appointed by the court for such purpose, shall make such drawing. If such panel, or additional names, are to be drawn for service in a court of the county other than the district court, the judge of any such court, or a person appointed by him for the purpose, shall make such drawing. There shall be drawn from the wheel a number of cards sufficient to make up the panel or to supply additional names of jurors for a panel, as may be directed by the commissioner. The person drawing names from the wheel shall be so situated that he is unable to see the name on any card before it is drawn.
History:
L. 1971, ch. 176, § 10; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-165 Same; rules governing jury service, enforcement; unexcused nonattendance of juror, penalty.

43-165.
Same; rules governing jury service, enforcement; unexcused nonattendance of juror, penalty.
Each judicial district of the district court may direct from time to time, the number of jurors to be summoned for said court, and how long they shall be summoned before their attendance shall be required, and may make such rules and orders as it may deem proper, touching the jury service of the court, not inconsistent with the provisions hereof, and may enforce the same by attachment and fine not exceeding one hundred dollars ($100). Unexcused, nonattendance of a person summoned unless reasonable cause for such nonattendance be shown to the satisfaction of the court shall be punished by the imposition of a fine not exceeding one hundred dollars ($100) for each day of unexcused absence.
History:
L. 1971, ch. 176, § 11; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-166 Same; summoning jury panel, when; notice; return of jury list; use of first class mail in lieu of restricted mail.

43-166.
Same; summoning jury panel, when; notice; return of jury list; use of first class mail in lieu of restricted mail.
At least twenty (20) days before the attendance date of a jury panel, and unless a different time period be established by local rule, the clerk of the district court shall summon the persons named by the jury commissioner to constitute such jury panel by mailing a written notice to each such person by restricted mail, as defined by K.S.A. 60-103. Between six (6) days after the mailing of such summons, and six (6) days previous to the sitting of such court, the clerk of the district court shall direct the sheriff to summon each of such persons from whom the clerk has received no return receipt, by giving personal notice to each person, or by leaving a written notice at his place of residence with some adult person; and shall return such lists to the court at the opening thereof, specifying the names of those who were summoned, and the manner in which each person was notified: Provided, That the jury commissioner may direct the clerk to use first class mail in lieu of restricted mail as herein provided and may further direct that personal service by the sheriff not be required.
History:
L. 1971, ch. 176, § 12; L. 1972, ch. 191, § 1; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-167 Jury service; additional jurors.

43-167.
Jury service; additional jurors.
In all cases where an insufficient number of jurors appear or if a panel be exhausted by challenge or otherwise before the jury is sworn, the court may order the sheriff, other officer or the special jury clerk, as provided by subsection (b) of K.S.A. 1975 Supp. 43-169, to summon a sufficient number of other persons to complete the jury. The court may order such additional members summoned in the same manner as is provided for members of the original jury panel or otherwise.
History: L. 1971, ch. 176, § 13; L. 1975, ch. 254, § 1; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-168 Death, sickness or disability of judge in jury trial.

43-168.
Death, sickness or disability of judge in jury trial.
If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, another judge sitting in or assigned to the court in which the action is being tried, upon certifying that he has familiarized himself with the record of the trial, may proceed with and finish the trial.
History:
L. 1971, ch. 176, § 17; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-170 Jury service; summoning jurors.

43-170.
Jury service; summoning jurors.
Whenever names of members of a jury panel or additional names for a jury panel have been drawn, the jury commissioner or jury clerk shall certify the list thereof to the clerk of the court where such panel or additional jurors are to serve. The clerk of such court shall issue proper summons for such persons to appear in such court for jury service on the date and at the time specified by the judge of such court.
History:
L. 1971, ch. 176, § 19; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-171 Same; jurors' fees.

43-171.
Same; jurors' fees.
Jurors shall be paid the following fees from the county general fund:
(a) An amount, not less than $10 nor more than $50, as determined by the county commission, for each day of attendance, to attend court pursuant to this act; and
(b) mileage, at the rate authorized by law, for necessary travel in going to and returning from court pursuant to this act.
History:
L. 1971, ch. 176, § 20; L. 2006, ch. 77, § 1; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-172 Constitutionality.

43-172.
Constitutionality.
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 without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1971, ch. 176, § 21; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-173 Jury service; right to serve; liability; costs.

43-173.
Jury service; right to serve; liability; costs.
(a) No employer shall discharge or threaten to discharge any permanent employee by reason of such employee's jury service, or the attendance or scheduled attendance in connection with such service, in any court of Kansas.
(b) Any employer who violates the provisions of this section:
(1) Shall be liable for damages for any loss of wages, actual damages and other benefits suffered by an employee by reason of such violation;
(2) shall be ordered to reinstate any employee discharged by reason of such employee's jury service; and
(3) may be enjoined from further violations of this section and ordered to provide other appropriate relief.
(c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during such period of jury service, shall be reinstated to employee's position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon jury service.
(d) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel reasonable attorney fees as part of the costs. The court may award a prevailing employer reasonable attorney fees as part of the costs only if the court finds that the action is frivolous or brought in bad faith.
History:
L. 1993, ch. 44, § 1; July 1.
2023 Kansas Statutes › Chapter 43 - Jurors › Article 1 - General Provisions › 43-174 Jury service; disqualifying information.

43-174. Jury service; disqualifying information.
(a) On and after July 1, 2013, any jury commissioner that receives information regarding citizenship from a prospective juror or court of this state that disqualifies or potentially disqualifies such prospective juror from jury service pursuant to K.S.A. 43-156, and amendments thereto, shall submit such information to the secretary of state in a form and manner approved by the secretary of state. Any such information provided by a jury commissioner to the secretary of state shall be limited to the information regarding citizenship and the full name, current and prior addresses, age and telephone number of the prospective juror, and, if available, the date of birth of the prospective juror. Any such information provided by a jury commissioner to the secretary of state shall be used for the purpose of maintaining voter registrations as required by law.
(b) This section shall be part of and supplemental to article 1 of chapter 43 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2013, ch. 85, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-117 Employer not to prevent discharged employee from obtaining employment.

44-117.
Employer not to prevent discharged employee from obtaining employment.
Any employer of labor in this state, after having discharged any person from his service, shall not prevent or attempt to prevent by word, sign or writing of any kind whatsoever any such discharged employee from obtaining employment from any other person, company or corporation, except by furnishing in writing, on request, the cause of such discharge.
History:
L. 1897, ch. 144, § 1; May 8; R.S. 1923, 44-117.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-118 Same; penalty.

44-118.
Same; penalty.
Any employer of labor, his agent or employee, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be fined for each offense the sum of one hundred dollars and thirty days' imprisonment in the county jail.
History:
L. 1897, ch. 144, § 3; May 8; R.S. 1923, 44-118.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-119 Same; liability; attorney's fee.

44-119.
Same; liability; attorney's fee.
Any person, firm or corporation found guilty of the violation of this act, shall be liable to the party injured to an amount equal to three times the sum he may be injured, and such employers of labor shall also be liable for a reasonable attorney fee, which shall be taxed as part of the costs in the case.
History: L. 1897, ch. 144, § 4; May 8; R.S. 1923, 44-119.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-119a Employer immunity from liability and suit for disclosure of employment information.

44-119a.
Employer immunity from liability and suit for disclosure of employment information.
(a) Unless otherwise provided by law, an employer, or an employer's designee, who discloses information about a current or former employee to a prospective employer of the employee shall be qualifiedly immune from civil liability.
(b) Unless otherwise provided by law, an employer who discloses information about a current or former employee to a prospective employer of the employee shall be absolutely immune from civil liability. The immunity applies only to disclosure of the following:
(1) Date of employment;
(2) pay level;
(3) job description and duties; and
(4) wage history.
(c) Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current or former employee from a prospective employer of that employee shall be absolutely immune from civil liability for disclosure of the following information to which an employee may have access:
(1) Written employee evaluations which were conducted prior to the employee's separation from the employer and to which an employee shall be given a copy upon request; and
(2) whether the employee was voluntarily or involuntarily released from service and the reasons for the separation.
(d) This section shall apply to causes of action accruing on and after the effective date of this act.
History:
L. 1995, ch. 122, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-125 Definitions.

44-125.
Definitions.
As used in this act, the following words shall have the meaning respectively ascribed to them herein:
(a) "Migrant worker" means any person who is a nonresident of Kansas and who is employed temporarily in agriculturally-related work involving seasonal labor requiring his migration from one area to another in order to gain employment but shall not mean any person who is employed by any custom combine operator.
(b) "Crew chief" means any person, other than an employer, who brings a crew or group of migrant workers into the state of Kansas or is responsible for finding employment for them but shall not mean any custom combine operator.
History:
L. 1974, ch. 202, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-126 Wage payment.

44-126.
Wage payment.
Any employer employing migrant workers, or any employee of an employer responsible for the payment of wages to migrant workers, shall make such payments directly to the individual worker and no such payment shall be made to a crew chief.
History:
L. 1974, ch. 202, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-127 Crew chief registration; information to state employment service.

44-127.
Crew chief registration; information to state employment service.
Any crew chief who brings any migrant worker into the state of Kansas or who is responsible for any migrant worker within the state of Kansas shall register with a local Kansas state employment service office. Upon registering, such crew chief shall furnish to such office a list of names and social security numbers of all migrant workers he serves in his capacity as crew chief and the names of those for whom recruitment is being done.
History:
L. 1974, ch. 202, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-128 Availability of information furnished.

44-128.
Availability of information furnished.
Any information filed with the local Kansas state employment service office pursuant to the provisions of K.S.A. 44-127 shall be made available to the public upon request.
History:
L. 1974, ch. 202, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-129 Violation of act.

44-129.
Violation of act.
Any violation of this act shall be a class C misdemeanor. Any crew chief found to be in violation of this act shall cease to operate as a crew chief in this state for a period of two (2) years.
History:
L. 1974, ch. 202, § 5; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-130 Employment agreements assigning employee rights in inventions to employer; restrictions; certain provisions void; notice and disclosure.

44-130.
Employment agreements assigning employee rights in inventions to employer; restrictions; certain provisions void; notice and disclosure.
(a) Any provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer shall not apply to an invention for which no equipment, supplies, facilities or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless:
(1) The invention relates to the business of the employer or to the employer's actual or demonstrably anticipated research or development; or
(2) the invention results from any work performed by the employee for the employer.
(b) Any provision in an employment agreement which purports to apply to an invention which it is prohibited from applying to under subsection (a), is to that extent against the public policy of this state and is to that extent void and unenforceable. No employer shall require a provision made void and unenforceable by this section as a condition of employment or continuing employment.
(c) If an employment agreement contains a provision requiring the employee to assign any of the employee's rights in any invention to the employer, the employer shall provide, at the time the agreement is made, a written notification to the employee that the agreement does not apply to an invention for which no equipment, supplies, facility or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless:
(1) The invention relates directly to the business of the employer or to the employer's actual or demonstrably anticipated research or development; or
(2) the invention results from any work performed by the employee for the employer.
(d) Even though the employee meets the burden of proving the conditions specified in this section, the employee shall disclose, at the time of employment or thereafter, all inventions being developed by the employee, for the purpose of determining employer and employee rights in an invention.
History:
L. 1986, ch. 186, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-131 Discharge of certain employees prohibited.

44-131. Discharge of certain employees prohibited.
(a) No employer may discharge any employee by reason of the fact that the employee performs duties as a volunteer firefighter, volunteer certified emergency medical service provider, as defined in K.S.A. 65-6112, and amendments thereto, volunteer reserve law enforcement officer or volunteer part-time law enforcement officer. The provisions of this section shall not apply to an employer when the employee is employed by the employer as a full-time firefighter or law enforcement officer.
(b) For the purposes of this section, the term:
(1) "Employee" shall have the meaning ascribed to it in K.S.A. 44-313, and amendments thereto.
(2) "Employer" shall have the meaning ascribed to it in K.S.A. 44-313, and amendments thereto.
History:
L. 2008, ch. 55, § 1; L. 2019, ch. 64, § 7; June 6.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 1 - Protection Of Employees › 44-132 Employee status of motor carrier not altered due to deployment, implementation or use of motor carrier safety improvements.

44-132. Employee status of motor carrier not altered due to deployment, implementation or use of motor carrier safety improvements.
(a) The deployment, implementation or use of a motor carrier safety improvement by, or as required by, a motor carrier or such motor carrier's related entity, including by contract, shall not, in whole or in part, affect, impact or change the worker status of a driver.
(b) For purposes of this section:
(1) "Motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program or operational practice intended and primarily used to improve or facilitate:
(A) Compliance with traffic safety or motor carrier safety laws;
(B) motor vehicle safety;
(C) the safety of the operator of a motor vehicle; or
(D) the safety of a third-party public roadway user.
(2) "Worker status" means the classification under any state law of a motor vehicle driver who engages in the transportation of property for compensation as an agent, employee, jointly employed employee, borrowed servant or independent contractor for a motor carrier.
(c) This section shall be deemed to be supplemental to existing laws relating to conditions of employment and related matters.
History:
L. 2023, ch. 38, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 3 - Payment Of Compensation › 44-312 Preference of wages of employees in insolvency.

44-312.
Preference of wages of employees in insolvency.
That whenever a receiver shall be appointed of the estate of any corporation, copartnership, or individual, under the laws of this state, or whenever any corporation, copartnership or individual shall make a general assignment for the benefit of the creditors of such corporation, copartnership, or individual, the wages due to all laborers or employees other than officers of such corporation, accruing within the six months immediately preceding such appointment of a receiver or such assignment, shall be preferred to every other debt or claim against such corporation, copartnership, or individual, and shall be paid by the receiver or assignee of such corporation, copartnership or individual from the moneys thereof which shall first come into the hands of such receiver or assignee.
History:
L. 1901, ch. 229, § 1; May 1; R.S. 1923, 44-312.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 3 - Payment Of Compensation › 44-313 Definitions.

44-313.
Definitions.
As used in this act: (a) "Employer" means any individual, partnership, association, joint stock company, trust, corporation, limited liability company or other organization, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, the state of Kansas or any department, agency or authority of the state, any city, county, school district or other political subdivision, municipality or public corporation and any instrumentality thereof, employing any person.
(b) "Employee" means any person allowed or permitted to work by an employer.
(c) "Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis less authorized withholding and deductions.
(d) "Secretary" means the secretary of labor.
History:
L. 1973, ch. 204, § 1; L. 1976, ch. 370, § 4; L. 1986, ch. 187, § 1; L. 2003, ch. 76, § 1; L. 2004, ch. 179, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 3 - Payment Of Compensation › 44-315 Separation prior to payday; damages for willful non-payment.

44-315.
Separation prior to payday; damages for willful non-payment.
(a) Whenever an employer discharges an employee or whenever an employee quits or resigns, the employer shall pay the employee's earned wages not later than the next regular payday upon which he or she would have been paid if still employed as provided under K.S.A. 44-314 either through the regular pay channels or by mail postmarked within the deadlines herein specified if requested by the employee.
(b) If an employer willfully fails to pay an employee wages as required by K.S.A. 44-314, and amendments thereto, or as required under subsection (a) of this section, such employer shall be liable to the employee for the wages due and also shall be liable to the employee for a penalty in the fixed amount of 1% of the unpaid wages for each day, except Sunday and legal holidays, upon which such failure continues after the eighth day after the day upon which payment is required or in an amount equal to 100% of the unpaid wages, whichever is less. For the purpose of such additional damages, the failure to pay shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he or she is adjudicated bankrupt upon such petition nor shall it be deemed to continue after an appeal is filed under K.S.A. 44-322a, and amendments thereto, until the decision on appeal becomes final.
History:
L. 1973, ch. 204, § 3; L. 1977, ch. 173, § 1; L. 1999, ch. 69, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 3 - Payment Of Compensation › 44-316 Payment of undisputed wages; remedies retained.

44-316.
Payment of undisputed wages; remedies retained.
(a) In case of a dispute over the amount of wages due, the employer shall pay, without conditions and no later than the regular payday next following the concession, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to, including those provided under this act, as to any balance claimed.
(b) Unless payment is made by binding settlement agreement, the acceptance by an employee of a payment under this section shall not constitute a release as to the balance of his claim and any release required by an employer as a condition to payment shall be in violation of this act and shall be null and void.
History:
L. 1973, ch. 204, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 3 - Payment Of Compensation › 44-317 Liability under subcontracts.

44-317.
Liability under subcontracts.
Whenever any person responsible pursuant to a contract for the performance of any work has subcontracted the performance of all or any part of such work, such responsible person shall be civilly liable to the employees of the subcontractor for wages due on account of the performance of work covered by the contract, but only if and to the extent that the subcontractor fails to pay such wages. This section shall not be construed to impose any liability on any person other than the subcontractor for the added fixed damages provided in subsection (d)* of K.S.A. 44-315. Any payment of wages by reason of liability imposed by this section shall result in the creation of a right in the payor to recoupment from the subcontractor or any other person jointly or severally liable to the subcontractor therefor.
History:
L. 1973, ch. 204, § 5; July 1.