reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5302 Definitions.

60-5302. Definitions.
As used in the Kansas preservation of religious freedom act:
(a) "Burden" means any government action that directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion, and includes, but is not limited to, withholding benefits, assessing criminal, civil or administrative penalties, or exclusion from government programs or access to government facilities.
(b) "Compelling governmental interest" includes, but is not limited to, protecting the welfare of a child from abuse and neglect as defined by state law.
(c) "Exercise of religion" means the practice or observance of religion under section 7 of the bill of rights of the constitution of the state of Kansas and the free exercise clause of the first amendment to the constitution of the United States and includes the right to act or refuse to act in a manner substantially motivated by a sincerely-held religious tenet or belief, whether or not the exercise is compulsory or a central part or requirement of the person's religious tenets or beliefs.
(d) "Fraudulent claim" means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass the opposing party.
(e) "Government" includes the executive, legislative and judicial branches and any and all agencies, boards, commissions, departments, districts, authorities or other entities, subdivisions or parts whatsoever of state and local government as well as any person acting under color of law.
(f) "Person" means any legal person or entity under the laws of the state of Kansas and the laws of the United States.
History:
L. 2013, ch. 47, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5303 Exercise of religion; burden of proof; remedies.

60-5303. Exercise of religion; burden of proof; remedies.
(a) Government shall not substantially burden a person's civil right to exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person:
(1) Is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
(b) A person whose exercise of religion has been burdened, or is substantially likely to be burdened, in violation of this act, may assert such violation as a claim or defense in a judicial proceeding. A court may grant appropriate relief as may be necessary including:
(1) Injunctive relief;
(2) protective order;
(3) writ of mandamus or prohibition;
(4) declaratory relief;
(5) actual damages; or
(6) costs and attorney fees determined by the court.
(c) Any person found by a court of competent jurisdiction to have abused the protection of this act by making a fraudulent claim may be enjoined from filing further claims under this act without leave of court.
History:
L. 2013, ch. 47, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5304 Exercise of religion; compelling governmental interest.

60-5304. Exercise of religion; compelling governmental interest.
In determining whether a compelling governmental interest is sufficient to justify a substantial burden on a person's exercise of religion pursuant to K.S.A. 2023 Supp. 60-5303, and amendments thereto, only those interests of the highest order and not otherwise served can overbalance the fundamental right to the exercise of religion preserved by this act. In order to prevail under the standard established pursuant to subsection (a) of K.S.A. 2023 Supp. 60-5303, and amendments thereto, the government shall demonstrate that such standard is satisfied through application of the asserted violation of this act to the particular claimant whose sincere exercise of religion has been burdened. The religious liberty interest protected by this act is an independent liberty that occupies a preferred position, and no encroachments upon this liberty shall be permitted, whether direct or indirect, unless required by clear and compelling governmental interests of the highest order.
History:
L. 2013, ch. 47, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5305 Construction of act.

60-5305. Construction of act.
(a) Nothing in this act shall be construed to:
(1) Impair the fundamental right of every parent to control the care and custody of such parent's minor children, including, but not limited to, control over education, discipline, religious and moral instruction, health, medical care, welfare, place of habitation, counseling and psychological and emotional well-being of such minor children as set forth in the laws and constitution of the state of Kansas and of the United States;
(2) authorize any relationship, marital or otherwise, that would violate section 16 of article 15 of the constitution of the state of Kansas;
(3) authorize the application or enforcement, in the courts of the state of Kansas, of any law, rule, code or legal system other than the laws of the state of Kansas and of the United States;
(4) limit any religious organization from receiving any funding or other assistance from a government, or of any person to receive government funding for a religious activity to the extent permitted by the laws and constitution of the state of Kansas and of the United States; or
(5) protect actions or decisions to end the life of any adult or child, born or unborn.
(b) Except as provided in subsection (c), this act applies to all government action including, but not limited to, all state and local laws, ordinances, rules, regulations and policies and to their implementation, whether enacted or adopted before, on or after the effective date of this act.
(c) This act shall not apply to penological rules and regulations, conditions or policies established by a jail, correctional institution, juvenile correctional facility or juvenile detention facility or an entity supervising offenders in the community that are reasonably related to the safety and security of incarcerated persons, staff, visitors, supervised offenders or the public, or to maintenance of good order and discipline in any jail, correctional institution, juvenile correctional facility or juvenile detention facility.
History:
L. 2013, ch. 47, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5311 Exercise of religion by religious student associations; definitions.

60-5311. Exercise of religion by religious student associations; definitions.
As used in K.S.A. 2023 Supp. 60-5311 through 60-5313, and amendments thereto:
(a) "Benefit" means the following:
(1) Recognition;
(2) registration;
(3) the use of facilities of the postsecondary educational institution for meetings or speaking purposes;
(4) the use of channels of communication of the postsecondary educational institution; and
(5) funding sources that are otherwise available to other student associations in the postsecondary educational institution.
(b) "Postsecondary educational institution" shall have the same meaning as that term is defined in K.S.A. 74-3201b, and amendments thereto.
(c) "Student" means any person who is enrolled on a full-time or part-time basis in a postsecondary educational institution.
(d) "Religious student association" means an association of students organized around shared religious beliefs.
History:
L. 2016, ch. 10, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5312 Same; prohibition on certain actions by postsecondary educational institutions.

60-5312. Same; prohibition on certain actions by postsecondary educational institutions.
No postsecondary educational institution may take any action or enforce any policy that would deny a religious student association any benefit available to any other student association, or discriminate against a religious student association with respect to such benefit, based on such association's requirement that the leaders or members of such association:
(a) Adhere to the association's sincerely held religious beliefs;
(b) comply with the association's sincerely held religious beliefs;
(c) comply with the association's sincere religious standards of conduct; or
(d) be committed to furthering the association's religious missions, as such religious beliefs, observance requirements, standards of conduct or missions are defined by the religious student association, or the religion on which the association is based.
History:
L. 2016, ch. 10, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5313 Same; cause of action.

60-5313. Same; cause of action.
Any student or religious student association aggrieved by a violation of K.S.A. 2023 Supp. 60-5312, and amendments thereto, may bring a cause of action against the postsecondary educational institution for such violation and seek appropriate relief, including, but not limited to, monetary damages. Any student or religious student association aggrieved by a violation of K.S.A. 2023 Supp. 60-5312, and amendments thereto, also may assert such violation as a defense or counterclaim in any civil or administrative proceedings brought against such student or religious student association.
History:
L. 2016, ch. 10, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5321 Traditional tribal regalia and objects of cultural significance, wearing of.

60-5321. Traditional tribal regalia and objects of cultural significance, wearing of.
(a) The legislature hereby declares that the purpose of this act is to help further the state's recognition of the distinct and unique cultural heritage of the Native Americans and the state's commitment to preserving the Native Americans' cultural integrity.
(b) No state agency or municipality shall prohibit an individual from wearing traditional tribal regalia or objects of cultural significance at a public event.
(c) For purposes of this section:
(1) "Municipality" means any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof.
(2) "Public event" means an event held or sponsored by a state agency or municipality, including, but not limited to, an award ceremony, a graduation ceremony or a meeting of a governing body.
(3) "State agency" means the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof.
(d) On the effective date of this act, the secretary of state shall send a copy of this act to each tribal government located on the four Kansas reservations.
History:
L. 2018, ch. 17, § 1; April 5.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5322 Adoption protection act.

60-5322. Adoption protection act.
(a) The provisions of this section shall be known and may be cited as the adoption protection act.
(b) Notwithstanding any other provision of state law, and to the extent allowed by federal law, no child placement agency shall be required to perform, assist, counsel, recommend, consent to, refer or otherwise participate in any placement of a child for foster care or adoption when the proposed placement of such child would violate such agency's sincerely held religious beliefs.
(c) No child placement agency shall be denied a license, permit or other authorization, or the renewal thereof, or have any such license, permit or other authorization revoked or suspended by any state agency, or any political subdivision of the state solely because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring or otherwise participating in a placement that violates such agency's sincerely held religious beliefs.
(d) No child placement agency, solely because of such agency's objection to preforming, assisting, counseling, recommending, consenting to, referring or otherwise participating in a placement that violates such agency's sincerely held religious beliefs, shall be denied:
(1) Participation in any program operated by the department for children and families in which child placement agencies are allowed to participate; or
(2) reimbursement for performing foster care placement or adoption services on behalf of an entity that has a contract with the department for children and families as a case management contractor.
(e) Refusal of a child placement agency to perform, assist, counsel, recommend, consent to, refer or otherwise participate in any placement that would violate such agency's sincerely held religious beliefs shall not form the basis for the imposition of a civil fine or other adverse administrative action or any claim or cause of action under any state or local law.
(f) A child placement agency's sincerely held religious beliefs shall be described in such agency's organizing documents, its written polices or such other written document approved by the governing body of such agency.
(g) As used in this section, the term "child placement agency" means a business or service conducted, maintained or operated by a person engaged in finding homes for children by placing or arranging for the placement of such children for adoption or foster care, and who is licensed under K.S.A. 65-501 et seq., and amendments thereto.
(h) The provisions of this section shall not apply to any entity while such entity has a contract with the department for children and families as a case management contractor.
History:
L. 2018, ch. 118, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 54 - Immunity From Liability › 60-5401 Immunity for damage to motor vehicle.

60-5401. Immunity for damage to motor vehicle.
(a) As used in this section:
(1) "Domestic animal" means a dog, cat or other animal that is domesticated and may be kept as a household pet. "Domestic animal" does not include livestock, as defined in K.S.A. 47-1001, and amendments thereto, or other farm animals.
(2) "Motor vehicle" means the same as specified in K.S.A. 8-126, and amendments thereto.
(3) "Vulnerable person" means an adult whose ability to perform the normal activities of daily living or to provide for such adult's own care or protection is impaired or a minor.
(b) A person who enters a motor vehicle, by force or otherwise, for the purpose of removing a vulnerable person or domestic animal is immune from civil liability for damage to the motor vehicle if such person:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the vulnerable person or domestic animal to exit the motor vehicle without assistance;
(2) has a good faith and reasonable belief, based upon known circumstances, that entry into the motor vehicle is necessary because the vulnerable person or domestic animal is in imminent danger of suffering harm;
(3) ensures that law enforcement is notified or calls 911 before entering the motor vehicle or immediately thereafter;
(4) uses no more force to enter the motor vehicle and remove the vulnerable person or domestic animal than is necessary; and
(5) remains with the vulnerable person or domestic animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement or a first responder arrives.
History:
L. 2018, ch. 41, § 1 (Special Session); July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 55 - Covid-19 Response And Reopening For Business Liability Protection Act › 60-5501 Title of act.

60-5501. Title of act.
K.S.A. 2023 Supp. 60-5501 through 60-5508, and amendments thereto, shall be known and may be cited as the COVID-19 response and reopening for business liability protection act.
History:
L. 2020, ch. 1, § 8 (Special Session); June 9.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 55 - Covid-19 Response And Reopening For Business Liability Protection Act › 60-5503 Healthcare provider immunity; COVID-19 public health emergency; exclusions.

60-5503. Healthcare provider immunity; COVID-19 public health emergency; exclusions.
(a) Notwithstanding any other provision of law, except as provided in subsection (c), a healthcare provider is immune from civil liability for damages, administrative fines or penalties for acts, omissions, healthcare decisions or the rendering of or the failure to render healthcare services, including services that are altered, delayed or withheld, as a direct response to the COVID-19 public health emergency.
(b) The provisions of this section shall apply to any claims for damages or liability that arise out of or relate to acts, omissions or healthcare decisions occurring between March 12, 2020, and March 31, 2022, related to the COVID-19 public health emergency.
(c) (1) The provisions of this section shall not apply to civil liability when it is established that the act, omission or healthcare decision constituted gross negligence or willful, wanton or reckless conduct.
(2) The provisions of this section shall not apply to healthcare services not related to COVID-19 that have not been altered, delayed or withheld as a direct response to the COVID-19 public health emergency.
History:
L. 2020, ch. 1, § 10 (Special Session); L. 2021, ch. 14, § 4; April 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 55 - Covid-19 Response And Reopening For Business Liability Protection Act › 60-5505 Immunity related to qualified products; product liability claims; conditions.

60-5505. Immunity related to qualified products; product liability claims; conditions.
Notwithstanding any other provision of law, a person who designs, manufactures, labels, sells, distributes, provides or donates a qualified product in response to the COVID-19 public health emergency shall be immune from liability in a civil action alleging a product liability claim arising out of such qualified product if:
(a) The product was manufactured, labeled, sold, distributed, provided or donated at the specific request of or in response to a written order or other directive finding a public need for a qualified product issued by the governor, the adjutant general or the division of emergency management; and
(b) the damages are not occasioned by willful, wanton or reckless disregard of a known, substantial and unnecessary risk that the product would cause serious injury to others.
History:
L. 2020, ch. 1, § 12 (Special Session); June 9.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 55 - Covid-19 Response And Reopening For Business Liability Protection Act › 60-5506 Covered facilities; affirmative defense to liability in a civil action for COVID-19 claims.

60-5506. Covered facilities; affirmative defense to liability in a civil action for COVID-19 claims.
(a) Notwithstanding any other provision of law, a covered facility is immune from liability in a civil action for damages for a COVID-19 claim if such facility was in substantial compliance with public health directives applicable to the activity giving rise to the cause of action when the cause of action accrued.
(b) As used in this section, "public health directives" means any of the following that are required by law to be followed related to COVID-19:
(1) State statutes or rules and regulations; or
(2) federal statutes or regulations from federal agencies, including the United States centers for disease control and prevention and the occupational safety and health administration of the United States department of labor.
(c) The provisions of this section shall not apply to civil liability when it is established that the act, omission or decision giving rise to the cause of action constituted gross negligence or willful, wanton or reckless conduct.
History:
L. 2020, ch. 1, § 13 (Special Session); L. 2021, ch. 35, § 2; April 22.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 55 - Covid-19 Response And Reopening For Business Liability Protection Act › 60-5507 Effect of act; limitations.

60-5507. Effect of act; limitations.
Nothing in the COVID-19 response and reopening for business liability protection act:
(a) Creates, recognizes or ratifies a claim or cause of action of any kind;
(b) eliminates a required element of any claim;
(c) affects workers' compensation law, including the exclusive application of such law; or
(d) amends, repeals, alters or affects any other immunity or limitation of liability.
History:
L. 2020, ch. 1, § 14 (Special Session); June 9.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 55 - Covid-19 Response And Reopening For Business Liability Protection Act › 60-5508 Retroactivity.

60-5508. Retroactivity.
(a) The provisions of K.S.A. 2023 Supp. 60-5504, 60-5505 and 60-5507, and amendments thereto, shall apply retroactively to any cause of action accruing on or after March 12, 2020.
(b) The provisions of K.S.A. 2023 Supp. 60-5506, and amendments thereto, and the amendments made to K.S.A. 2021 Supp. 60-5506 by section 2 of 2021 House Bill No. 2126, shall apply retroactively to any cause of action accruing on or after March 12, 2020, and prior to termination of the state of disaster emergency related to the COVID-19 public health emergency declared pursuant to K.S.A. 48-924, and amendments thereto.
(c) The provisions of K.S.A. 2023 Supp. 60-5503, and amendments thereto, shall apply retroactively to any cause of action accruing on or after March 12, 2020, and prior to March 31, 2022.
History:
L. 2020, ch. 1, § 15 (Special Session); L. 2021, ch. 14, § 6; L. 2021, ch. 113, § 5; July 1.
Section was also amended by L. 2021, ch. 35, § 3, but that version was repealed by L. 2021, ch. 113, § 9.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 56 - Fairness In Women's Sports Act › 60-5601 Fairness in women's sports act; citation of act.

60-5601. Fairness in women's sports act; citation of act.
The provisions of K.S.A. 2023 Supp. 60-5601 through 60-5606, and amendments thereto, shall be known and may be cited as the fairness in women's sports act.
History:
L. 2023, ch. 13, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 56 - Fairness In Women's Sports Act › 60-5602 Definitions.

60-5602. Definitions.
As used in K.S.A. 2023 Supp. 60-5601 through 60-5606, and amendments thereto:
(a) "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender;
(b) "postsecondary educational institution" means the same as defined in K.S.A. 74-3201b, and amendments thereto;
(c) "private postsecondary educational institution" means any private postsecondary educational institution as defined in K.S.A. 74-32,163, and amendments thereto, or any accredited independent institution as defined in K.S.A. 72-3222, and amendments thereto;
(d) "public educational entity" means any public school or postsecondary educational institution;
(e) "public school" means any elementary or secondary school maintained and operated by a school district; and
(f) "school" means any nonpublic school offering any of the grades kindergarten through 12.
History:
L. 2023, ch. 13, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 56 - Fairness In Women's Sports Act › 60-5603 Composition of athletic teams or sports by biological sex; athletic teams or sports for females not open to males; rules and regulations.

60-5603. Composition of athletic teams or sports by biological sex; athletic teams or sports for females not open to males; rules and regulations.
(a) Interscholastic, intercollegiate, intramural or club athletic teams or sports that are sponsored by a public educational entity or any school or private postsecondary educational institution whose students or teams compete against a public educational entity shall be expressly designated as one of the following based on biological sex:
(1) Males, men or boys;
(2) females, women or girls; or
(3) coed or mixed.
(b) Athletic teams or sports designated for females, women or girls shall not be open to students of the male sex.
(c) (1) The Kansas state high school activities association shall adopt rules and regulations for its member schools to implement the provisions of this section.
(2) The state board of regents and the governing body for each municipal university, community college and technical college shall adopt rules and regulations for the postecondary educational institutions governed by each such entity, respectively, to implement the provisions of this section.
History:
L. 2023, ch. 13, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 56 - Fairness In Women's Sports Act › 60-5604 Adverse actions against a public educational entity based on compliance with act prohibited.

60-5604. Adverse actions against a public educational entity based on compliance with act prohibited.
No governmental entity, licensing or accrediting organization or athletic association or organization shall entertain a complaint, open an investigation or take any other adverse action against a public educational entity for maintaining separate interscholastic, intercollegiate, intramural or club athletic teams or sports for students of the female sex.
History:
L. 2023, ch. 13, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 56 - Fairness In Women's Sports Act › 60-5605 Cause of action for students deprived of athletic opportunity who suffers harm or retaliation; limitations of actions; damages.

60-5605. Cause of action for students deprived of athletic opportunity who suffers harm or retaliation; limitations of actions; damages.
(a) Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of K.S.A. 2023 Supp. 60-5603, and amendments thereto, shall have a private cause of action for injunctive relief, damages and any other relief available under law against the public educational entity in which the student is enrolled.
(b) Any student who is subject to retaliation or other adverse action by a public educational entity or athletic association or organization as a result of reporting a violation of K.S.A. 2023 Supp. 60-5603, and amendments thereto, to an employee or representative of such public educational entity or athletic association or organization, or to any state or federal agency with oversight of public educational entities in this state, shall have a private cause of action for injunctive relief, damages and any other relief available under law against such public educational entity or athletic association or organization.
(c) Any public educational entity that suffers any direct or indirect harm as a result of a violation of K.S.A. 2023 Supp. 60-5603 or 60-5604, and amendments thereto, shall have a private cause of action for injunctive relief, damages and any other relief available under law against the governmental entity, licensing or accrediting organization or athletic association or organization.
(d) All civil actions must be initiated within two years after the harm occurred. Persons or organizations who prevail on a claim brought pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional and physical harm suffered, reasonable attorney fees and costs and any other appropriate relief.
History:
L. 2023, ch. 13, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 56 - Fairness In Women's Sports Act › 60-5606 Severability.

60-5606. Severability.
The provisions of K.S.A. 2023 Supp. 60-5601 through 60-5605, and amendments thereto, are hereby declared to be severable. If any provision of K.S.A. 2023 Supp. 60-5601 through 60-5605, and amendments thereto, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of K.S.A. 2023 Supp. 60-5601 through 60-5605, and amendments thereto, that can be given effect without the invalid provision or application.
History:
L. 2023, ch. 13, § 6; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2702 Application of act; correlation with code of civil procedure for limited actions.

61-2702.
Application of act; correlation with code of civil procedure for limited actions.
This act shall apply to and be an alternative procedure for the processing of small claims pursuant to the code of civil procedure for limited actions, and the provisions of this act shall be part of and supplemental to the code of civil procedure for limited actions, and any acts amendatory thereof or supplemental thereto. Except as otherwise specifically provided or where a different or contrary provision is included in this act, the code of civil procedure for limited actions shall be applicable to the processing of small claims and judgments under this act.
History:
L. 1973, ch. 239, § 2; L. 1976, ch. 258, § 57; January 10, 1977.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2703 Definitions.

61-2703.
Definitions.
As used in this act:
(a) "Small claim" means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $4,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610 and amendments thereto. In actions of replevin, the verified petition fixing the value of the property shall be determinative of the value of the property for jurisdictional purposes. A small claim shall not include:
(1) An assigned claim;
(2) a claim based on an obligation or indebtedness allegedly owed to a person other than the person filing the claim, where the person filing the claim is not a full-time employee or officer of the person to whom the obligation or indebtedness is allegedly owed; or
(3) a claim obtained through subrogation.
(b) "Person" means an individual, partnership, limited liability company, corporation, fiduciary, joint venture, society, organization or other association of persons.
History:
L. 1973, ch. 239, § 3; L. 1979, ch. 187, § 1; L. 1986, ch. 223, § 2; L. 1986, ch. 222, § 1; L. 1986, ch. 224, § 1; L. 1994, ch. 273, § 19; L. 1999, ch. 145, § 1; L. 2004, ch. 176, § 5; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2704 Commencement of action; fees and costs; authorized only by legislative enactment; limit on number of claims.

61-2704. Commencement of action; fees and costs; authorized only by legislative enactment; limit on number of claims.
(a) An action seeking the recovery of a small claim shall be considered to have been commenced at the time a person files a written statement of the person's small claim with the clerk of the court if, within 90 days after the small claim is filed, service of process is obtained or the first publication is made for service by publication. Otherwise, the action is deemed commenced at the time of service of process or first publication. An entry of appearance shall have the same effect as service.
(b) Upon the filing of a plaintiff's small claim, the clerk of the court shall require from the plaintiff a docket fee of $35 if the claim does not exceed $500; or $55 if the claim exceeds $500; unless for good cause shown the judge waives the fee. The docket fee shall be the only costs required in an action seeking recovery of a small claim. No person may file more than 20 small claims under this act in the same court during any calendar year.
(c) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $12.50 per docket fee, to fund the costs of non-judicial personnel.
History:
L. 1973, ch. 239, § 4; L. 1974, ch. 242, § 1; L. 1982, ch. 116, § 11; L. 1986, ch. 222, § 2; L. 1990, ch. 202, § 35; L. 1992, ch. 128, § 16; L. 1996, ch. 234, § 17; L. 2000, ch. 177, § 8; L. 2006, ch. 20, § 1; L. 2006, ch. 195, § 19; L. 2007, ch. 195, § 32; L. 2008, ch. 95, § 15; L. 2009, ch. 116, § 25; L. 2009, ch. 143, § 22; L. 2010, ch. 62, § 17; L. 2011, ch. 87, § 17; L. 2012, ch. 66, § 18; L. 2013, ch. 125, § 18; L. 2014, ch. 82, § 37; L. 2015, ch. 81, § 26; L. 2017, ch. 80, § 21; L. 2019, ch. 58, § 22; July 1.
Revisor's Note:
Section was also amended by L. 2009, ch. 82, § 7, but that version was repealed by L. 2009, ch. 143, § 37.
L. 2014, ch. 82, was held to be an invalid enactment, see Solomon v. State, 303 K. 512, 364 P.3d 536 (2015).
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2705 Pleadings.

61-2705.
Pleadings.
It is the purpose of this act to provide and maintain simplicity of pleading, and the court shall supply the forms prescribed by this act to assist the parties in preparing their pleadings. The pleading required in an action commenced under this act shall be the statement of plaintiff's claim, which shall be on the form set forth by the judicial council and be denominated a petition. A defendant who has a claim against the plaintiff, which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, shall file a statement of the defendant's claim on the form set forth by the judicial council if the claim does not exceed the amount specified in subsection (a) of K.S.A. 61-2703, and amendments thereto. If the defendant's claim exceeds the amount specified in subsection (a) of K.S.A. 61-2703, and amendments thereto, the defendant may file a statement of the defendant's claim on the form set forth by the judicial council. The court shall not have any jurisdiction under this act to hear or determine any claim by a defendant which does not arise out of the transaction or occurrence which is the subject matter of plaintiff's claim.
No pleadings other than those provided for herein shall be allowed. It shall be sufficient that each pleading set forth a short and plain statement of the claim, showing that the pleader is entitled to relief, and contain a demand for judgment for the relief to which the pleader deems entitled.
History:
L. 1973, ch. 239, § 5; L. 1990, ch. 212, § 10; L. 2005, ch. 101, § 17; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2706 Claims exceeding small claims in jurisdiction.

61-2706.
Claims exceeding small claims in jurisdiction.
(a) Whenever a plaintiff demands judgment beyond the scope of the small claims jurisdiction of the court, the court shall either: (1) Dismiss the action without prejudice at the cost of the plaintiff; (2) allow the plaintiff to amend the plaintiff's pleadings and service of process to bring the demand for judgment within the scope of the court's small claims jurisdiction and thereby waive the right to recover any excess, assessing the costs accrued to the plaintiff; or (3) if the plaintiff's demand for judgment is within the scope of the court's general jurisdiction, allow the plaintiff to amend the plaintiff's pleadings and service of process so as to commence an action in such court in compliance with K.S.A. 61-1703 and amendments thereto, assessing the costs accrued to the plaintiff.
(b) Whenever a defendant asserts a claim beyond the scope of the court's small claims jurisdiction, but within the scope of the court's general jurisdiction, the court may determine the validity of defendant's entire claim. If the court refuses to determine the entirety of any such claim, the court must allow the defendant to: (1) Make no demand for judgment and reserve the right to pursue the defendant's entire claim in a court of competent jurisdiction; (2) make demand for judgment of that portion of the claim not exceeding $4,000, plus interest, costs and any damages awarded pursuant to K.S.A. 60-2610 and amendments thereto, and reserve the right to bring an action in a court of competent jurisdiction for any amount in excess thereof; or (3) make demand for judgment of that portion of the claim not exceeding $4,000, plus interest, costs and any damages awarded pursuant to K.S.A. 60-2610 and amendments thereto, and waive the right to recover any excess.
History:
L. 1973, ch. 239, § 6; L. 1979, ch. 187, § 2; L. 1986, ch. 223, § 3; L. 1986, ch. 222, § 3; L. 1986, ch. 224, § 2; L. 1994, ch. 273, § 20; L. 2004, ch. 176, § 6; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2707 Trial of action; exclusion of attorneys; appearance by others in a representative capacity; enforcement of judgment; certain judgments null and void.

61-2707.
Trial of action; exclusion of attorneys; appearance by others in a representative capacity; enforcement of judgment; certain judgments null and void.
(a) The trial of all actions shall be to the court, and except as provided in K.S.A. 61-2714, and amendments thereto, no party in any such action shall be represented by an attorney prior to judgment. A party may appear by a full-time employee or officer or any person in a representative capacity so long as such person is not an attorney. Discovery methods or proceedings shall not be allowed nor shall the taking of depositions for any purpose be permitted. No order of attachment or garnishment shall be issued in any action commenced under this act prior to judgment in such action.
(b) When entering judgment in the action, the judge shall include as a part of the judgment form or order a requirement that, unless the judgment has been paid, the judgment debtor shall submit to the clerk of the district court, within 30 days after receipt of the form therefor, a verified statement describing the location and nature of property and assets which the person owns, including the person's place of employment, account numbers and names of financial institutions holding assets of such person and a description of real property owned by such person. The court shall also include as a part of the judgment form or order a requirement that, within 14 days of the date judgment is entered, unless judgment has been paid, the judgment creditor shall mail a copy of the judgment form or order to the judgment debtor, together with the form for providing the information required to be submitted under this subsection, and that the judgment creditor shall file with the court proof of the mailing thereof. When the form containing the required information is submitted to the clerk as required by this subsection, the clerk shall note in the record of the proceeding that it was received and then shall mail the form to the judgment creditor. No copy of such form shall be retained in the court records nor shall it be made available to other persons. Upon motion of the judgment creditor, the court may punish for contempt any person failing to submit information as required by this subsection.
(c) Any judgment entered under this act on a claim which is not a small claim, as defined in K.S.A. 61-2703, and amendments thereto, or which has been filed with the court in contravention of the limitation prescribed by K.S.A. 61-2704, and amendments thereto, on the number of claims which may be filed by any person, shall be void and unenforceable.
History:
L. 1973, ch. 239, § 7; L. 1985, ch. 199, § 1; L. 1999, ch. 145, § 2; L. 2006, ch. 13, § 1; L. 2010, ch. 135, § 196; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2708 Venue.

61-2708. Venue.
The venue of actions commenced under this act shall be as prescribed in article 34 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto, except that the county in which the cause of action arose shall be proper venue only where it is affirmatively shown that the defendant was a resident of the county where the cause of action arose at the time the cause of action arose.
History:
L. 1973, ch. 239, § 8; L. 1994, ch. 168, § 1; L. 2016, ch. 58, § 4; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2709 Appeals.

61-2709.
Appeals.
(a) An appeal may be taken from any judgment under the small claims procedure act. All appeals shall be by notice of appeal specifying the party or parties taking the appeal and the order, ruling, decision or judgment complained of and shall be filed with the clerk of the district court within 14 days after entry of judgment. All appeals shall be tried and determined de novo before a district judge, other than the judge from which the appeal is taken. The provisions of K.S.A. 60-2001 and 61-1716, and amendments thereto, shall be applicable to actions appealed pursuant to this subsection. The appealing party shall cause notice of the appeal to be served upon all other parties to the action in accordance with the provisions of K.S.A. 60-205, and amendments thereto. An appeal shall be perfected upon the filing of the notice of appeal. When the appeal is perfected, the clerk of the court or the judge from which the appeal is taken shall refer the case to the chief judge for assignment in accordance with this section. All proceedings for the enforcement of any judgment under the small claims procedure act shall be stayed during the time within which an appeal may be taken and during the pendency of an appeal, without the necessity of the appellant filing a supersedeas bond. If the appellee is successful on an appeal pursuant to this subsection, the court shall award to the appellee, as part of the costs, reasonable attorney fees incurred by the appellee on appeal.
(b) Any order, ruling, decision or judgment rendered by a district judge on an appeal taken pursuant to subsection (a) may be appealed in the manner provided in article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1973, ch. 239, § 9; L. 1974, ch. 242, § 2; L. 1976, ch. 258, § 58; L. 1977, ch. 208, § 1; L. 1979, ch. 187, § 3; L. 1982, ch. 116, § 12; L. 1986, ch. 115, § 101; L. 1999, ch. 57, § 61; L. 2010, ch. 135, § 197; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2710 Costs, taxation.

61-2710.
Costs, taxation.
The costs of any action commenced [under] this act shall be taxed against the parties as in other actions pursuant to the code of civil procedure for limited actions.
History:
L. 1973, ch. 239, § 10; L. 1974, ch. 242, § 3; L. 1976, ch. 258, § 59; January 10, 1977.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2712 Purpose of act; powers of court.

61-2712.
Purpose of act; powers of court.
It is the purpose of this act to provide a forum for the speedy trial of small claims, and to this end, the court may make such orders or rulings, consistent with the provisions of this act, as are necessary to promote justice and fairly protect the parties.
History:
L. 1973, ch. 239, § 12; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2713 Forms.

61-2713.
Forms.
The forms to be utilized under the small claims procedure act shall be set forth by the judicial council.
History:
L. 1973, ch. 239, § 13; L. 1979, ch. 187, § 4; L. 1986, ch. 223, § 4; L. 1986, ch. 222, § 4; L. 1986, ch. 224, § 3; L. 1990, ch. 212, § 11; L. 1994, ch. 273, § 21; L. 1999, ch. 145, § 3; L. 2004, ch. 176, § 7; L. 2005, ch. 101, § 18; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 27 - Small Claims Procedure › 61-2714 Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims.

61-2714.
Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims.
(a) Notwithstanding any other provision of the small claims procedure act, if any party in small claims litigation: (1) Uses any person in a representative capacity if such person representing the party is an attorney or was formerly an attorney; or (2) is an attorney representing the attorney's self in a small claims action, all other parties to such litigation shall be entitled to have an attorney appear on their behalf in such action.
(b) When appropriate, the court shall advise all parties of this right to hire counsel pursuant to this section and shall, if requested by any party, grant one reasonable continuance in such matter to afford a party an opportunity to secure representation of an attorney.
(c) The filing of a small claims action is a certification by the plaintiff that such plaintiff is complying with the provisions of the small claims procedures act, specifically with the provisions of K.S.A. 61-2704, and amendments thereto, relating to the limited number of claims a person may file in the same court during any calendar year.
(d) Any defendant may raise as a defense to a small claims action that the plaintiff has filed or caused to be filed more claims than allowed by the small claims act. When such defense is raised, if the court finds the plaintiff to have filed more claims than allowed by law, the court shall dismiss the action with prejudice and such a finding shall be considered a violation of the unconscionable acts and practices section of the Kansas consumer protection act. The defendant may file a collateral action under the Kansas consumer protection act.
(e) As used in this section, "attorney" means persons licensed to practice law in Kansas or in any other state whether on active or inactive status, or persons otherwise qualified to take the Kansas bar examination and acting under the supervisory authority of a licensed attorney.
History:
L. 1994, ch. 273, § 22; July 1.