reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-914 Definitions.

44-914. Definitions.
As used in this act, unless the context otherwise requires:
(a) "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated or steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use internal or external to itself, by the direct application of energy from the combustion of fuels or of electric or solar power. The term boiler shall also include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves.
(b) "Certificate inspection" means an inspection, the report of which is used by the chief inspector to determine whether or not an inspection certificate shall be issued as provided by K.S.A. 44-924, and amendments thereto.
(c) "Heating boiler" means a steam or vapor boiler operating at pressures not exceeding 15 pounds per square inch gauge or a hot water heating boiler operating at pressures not exceeding 160 pounds per square inch gauge or temperatures not exceeding 250° Fahrenheit.
(d) "High pressure, high temperature water boiler" means a water boiler operating at pressures exceeding 160 pounds per square inch gauge or temperatures exceeding 250° Fahrenheit.
(e) "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 pounds per square inch gauge.
(f) "Pressure vessel" means a vessel or container used for the containment of pressure either internal or external in which the pressure is obtained from an external source of vapor, liquid or gas.
(g) "Hot water supply boiler" means a vessel heating water for external uses, by gas, oil, electricity or solar energy that does not exceed 160 psi, or 210° Fahrenheit.
(h) "Inspection fee" means any inspection fees collected pursuant to subsection (a) of K.S.A. 44-926, and amendments thereto, and shall not include any certificate fees collected pursuant to subsection (b) of K.S.A. 44-926, and amendments thereto, and any travel or hotel expense.
History:
L. 1977, ch. 172, § 2; L. 1998, ch. 67, § 2; L. 2004, ch. 179, § 81; L. 2013, ch. 44, § 5; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-916 Rules and regulations; inspections; certifications.

44-916. Rules and regulations; inspections; certifications.
(a) The state fire marshal shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction, installation, inspection, maintenance and repair of boilers in this state. The state fire marshal shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction and installation of pressure vessels in this state.
(b) Rules and regulations adopted hereunder may include reporting, monitoring and recordkeeping requirements for owners and users of boilers and pressure vessels subject to this act.
(c) Rules and regulations adopted hereunder for construction of new boilers and pressure vessels shall be based upon and at all times follow generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler construction and safety. Such rules and regulations may incorporate by reference specific editions, or portions thereof, of the boiler and pressure vessel code of the American society of mechanical engineers or other approved codes of construction.
(d) Rules and regulations adopted hereunder for the construction, installation, inspection, maintenance and repair of boilers and pressure vessels shall be based upon and at all times follow generally accepted nationwide engineering standards. Such rules and regulations may incorporate by reference specific editions, or portions thereof, of the inspection code of the national board of boiler and pressure vessel inspectors and may require the use of such board's "R" stamp for repairs.
(e) The chief inspector or deputy inspectors may perform inspections of boilers and pressure vessels and issue, upon completion, a special certification showing that such inspection was done in accordance with nationwide engineering standards as adopted by rules and regulations.
History:
L. 1977, ch. 172, § 4; L. 1982, ch. 217, § 1; L. 1998, ch. 67, § 4; L. 2013, ch. 44, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-917 Conformity to law, variance; maximum allowable pressure; application of act to boilers and pressure vessels previously installed.

44-917. Conformity to law, variance; maximum allowable pressure; application of act to boilers and pressure vessels previously installed.
(a) All new boilers and pressure vessels shall conform to the rules and regulations adopted pursuant to this act which govern new construction and installation. If a new boiler or pressure vessel is of special design or construction and the design is consistent with the spirit and safety objectives of this act and rules and regulations, an interested party may request a variance from the state fire marshal to build and operate a nonconforming boiler or pressure vessel.
(b) The maximum allowable working pressure of a boiler or pressure vessel carrying the American society of mechanical engineers or other approved code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped.
(c) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the American society of mechanical engineers code symbol shall be computed in accordance with the rules and regulations adopted by the state fire marshal.
(d) This act shall not be construed as in any way preventing the use, sale or reinstallation of a boiler or pressure vessel previously installed in this state, provided it has been made to conform to the rules and regulations governing existing installations and provided it has not been found upon inspection to be in an unsafe condition. If a previously installed boiler or pressure vessel is of special design or construction and the design is consistent with the spirit and safety objectives of this act and rules and regulations, an interested party may request a variance from the state fire marshal to use, sell or reinstall a nonconforming boiler or pressure vessel.
(e) This act shall not be construed to require a pressure vessel inspection of those pressure vessels moved to a different location by the same owner.
History:
L. 1977, ch. 172, § 5; L. 1998, ch. 67, § 5; L. 2000, ch. 46, § 1; L. 2013, ch. 44, § 8; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-918 Appointment of chief inspector and deputy inspectors by state fire marshal; compensation; powers and duties under act.

44-918. Appointment of chief inspector and deputy inspectors by state fire marshal; compensation; powers and duties under act.
(a) The state fire marshal may appoint a chief inspector and one or more deputy inspectors who shall be in the unclassified civil service and shall receive such compensation as prescribed by the state fire marshal, subject to the approval of the governor.
(b) The chief inspector and deputy inspectors shall serve under the direction of the state fire marshal. The state fire marshal, chief inspector and other duly authorized representatives of the state fire marshal are hereby charged, directed and empowered:
(1) To take action necessary for the enforcement of this act and of the rules and regulations adopted hereunder;
(2) to maintain a complete record of all boilers and pressure vessels to which this act applies, which record shall include the name and address of each owner or user and the type, dimensions, maximum allowable working pressure, age and last recorded inspection of each such boiler or pressure vessel;
(3) to publish and make available copies of rules and regulations adopted hereunder to any person requesting them;
(4) to issue, or to suspend or revoke for cause, inspection certificates as provided in K.S.A. 44-924, and amendments thereto; and
(5) to cause the prosecution of all violators of the provisions of this act or of the rules and regulations adopted hereunder.
History:
L. 1977, ch. 172, § 6; L. 1998, ch. 67, § 6; L. 2013, ch. 44, § 9; L. 2014, ch. 88, § 1; L. 2023, ch. 58, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-920 Insurance company inspectors; certificates of competency as special inspectors; employment status; inspections by, exempt from state fee.

44-920. Insurance company inspectors; certificates of competency as special inspectors; employment status; inspections by, exempt from state fee.
(a) In addition to the deputy inspectors authorized by K.S.A. 44-919, and amendments thereto, the state fire marshal, upon the request of any company licensed to insure and insuring boilers and pressure vessels in this state shall issue to any inspectors of such insurance company certificates of competency as special inspectors, provided that each such inspector shall hold a commission issued by the national board of boiler and pressure vessel inspectors.
(b) Special inspectors shall receive no salary from, nor shall any of their expenses be paid by, the state, and the continuance of their certificates of competency shall be conditioned upon their continuing in the employ of the boiler insurance company duly authorized as aforesaid and upon their maintenance of the standards imposed by this act and by rules and regulations adopted hereunder.
(c) Special inspectors shall inspect all boilers insured by their respective companies and, when so inspected, the owners and users of such boilers shall be exempt from the payment to the state of the inspection fees provided for in subsection (a) of K.S.A. 44-926, and amendments thereto.
(d) The state fire marshal shall fix, by rules and regulations, certification requirements for inspectors of antique, scale models or other steam boilers used exclusively for exhibition purposes.
History:
L. 1977, ch. 172, § 8; L. 1998, ch. 67, § 8; L. 2013, ch. 44, § 11; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-921 Same; suspension, reinstatement, revocation of certificate.

44-921. Same; suspension, reinstatement, revocation of certificate.
The state fire marshal may suspend or revoke a special inspector's certificate of competency for cause, after due investigation, if the state fire marshal finds incompetence, untrustworthiness, falsification of any matter or statement contained in a special inspector's application or report, or a failure by the special inspector to report findings of any inspection made by such inspector to the chief inspector. Such a suspension or revocation of certificate shall be effective as soon as notice of the suspension or termination has been delivered to the special inspector or the inspector's employer.
History:
L. 1977, ch. 172, § 9; L. 1988, ch. 356, § 147; L. 1998, ch. 67, § 9; L. 2013, ch. 44, § 12; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-922 Same; replacement of lost or destroyed certificate.

44-922. Same; replacement of lost or destroyed certificate.
If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued in its place without another examination. The state fire marshal may charge a fee for a replacement certificate.
History:
L. 1977, ch. 172, § 10; L. 1998, ch. 67, § 10; L. 2013, ch. 44, § 13; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-925 Installation and operation violations; penalties.

44-925. Installation and operation violations; penalties.
(a) It shall be unlawful for any person, firm, partnership, corporation or other entity to operate in this state a pressure vessel installed after January 1, 1999, or a boiler without a valid inspection certificate. The operation of a pressure vessel installed after January 1, 1999, or a boiler without such inspection certificate or at a pressure exceeding that specified in such inspection certificate shall constitute a class C misdemeanor. Each day of such unlawful operation shall be deemed a separate offense.
(b) If an inspection certificate is lost or destroyed, a new certificate shall be issued in its place without another inspection. The state fire marshal may charge a fee for a replacement certificate.
(c) It shall be unlawful for any person, firm, partnership, corporation or other entity to install or operate any boiler or pressure vessel in this state or to construct any boiler or pressure vessel for use in this state in violation of this act or the rules and regulations adopted hereunder, and any such unlawful installation, operation or construction shall constitute a class C misdemeanor. Each day of unlawful installation, operation or construction shall be deemed a separate offense.
(d) In addition to any other penalty provided by law, the state fire marshal, upon finding that any person has violated any of the provisions of this act or any rule or regulation promulgated under the authority of this act, is authorized to impose a civil penalty not to exceed $1,000 per violation for each day of such unlawful operation, which shall constitute an actual and substantial economic deterrent to the violation for which the penalty is assessed. No civil penalty shall be imposed pursuant to this subsection except upon the written order of the state fire marshal to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the person to request a hearing as provided in K.S.A. 44-928, and amendments thereto.
(e) All moneys received from civil penalties imposed pursuant to subsection (d) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state general fund.
History:
L. 1977, ch. 172, § 13; L. 1998, ch. 67, § 13; L. 2000, ch. 46, § 2; L. 2013, ch. 44, § 16; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-926 Inspection and certificate fees; disposition.

44-926. Inspection and certificate fees; disposition.
(a) The owner or user of a boiler or pressure vessel required by this act to be inspected by the chief inspector or a deputy inspector shall pay directly to the office of the state fire marshal, upon completion of inspection, inspection fees fixed by the state fire marshal in accordance with this section. The state fire marshal shall fix, by rules and regulations, a schedule of fees for inspections of pressure vessels installed after January 1, 1999, and boilers by state inspectors and may fix different fees for inspection of boilers and pressure vessels in the various categories. Such fees shall not exceed $500 per day for each boiler or pressure vessel inspected.
(b) The owner or user of a boiler or pressure vessel for which an inspection certificate is to be issued pursuant to subsection (b) of K.S.A. 44-924, and amendments thereto, shall pay directly to the office of the state fire marshal, before issuance of such certificate, a certificate fee fixed by the state fire marshal by rules and regulations of not to exceed $35.
(c) There is hereby created in the state treasury the boiler inspection fee fund. The state fire marshal shall remit all moneys received from the fees established hereunder to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of such inspection fees shall be credited to the state general fund and the balance including all of the certificate fees shall be credited to the boiler inspection fee fund. All expenditures from the boiler inspection fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state fire marshal, or by a person or persons designated by the state fire marshal.
History:
L. 1977, ch. 172, § 14; L. 1978, ch. 196, § 1; L. 1982, ch. 217, § 3; L. 1998, ch. 67, § 14; L. 2000, ch. 46, § 3; L. 2001, ch. 5, § 145; L. 2004, ch. 179, § 83; L. 2011, ch. 53, § 16; L. 2013, ch. 44, § 17; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-927 Bond; chief inspector, deputy inspectors.

44-927. Bond; chief inspector, deputy inspectors.
The chief inspector and each deputy inspector shall be required to furnish bond under the provisions of article 41 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1977, ch. 172, § 15; L. 2013, ch. 44, § 18; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-928 Hearing on actions of state fire marshal; judicial review.

44-928. Hearing on actions of state fire marshal; judicial review.
(a) Any person aggrieved by an order issued pursuant to the provisions of this act, may request a hearing thereon within 15 days from the date of the service of such order by filing such request in writing with the office of the state fire marshal. Such hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. The filing of a request for a hearing shall not abate or operate as a stay of the effect of an order to cease and desist unless otherwise stated in such order.
(b) Judicial review and civil enforcement of agency actions under this act shall be in accordance with the Kansas judicial review act.
History:
L. 1977, ch. 172, § 16; L. 1986, ch. 318, § 63; L. 1988, ch. 356, § 148; L. 1998, ch. 67, § 15; L. 2010, ch. 17, § 78; L. 2013, ch. 44, § 19; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-929 Exclusive jurisdiction of state over boiler safety.

44-929. Exclusive jurisdiction of state over boiler safety.
No city, county or other political subdivision of this state shall have the power to make any laws, ordinances or resolutions providing for the construction, installation, inspection, maintenance and repair of boilers or any pressure vessels installed after January 1, 1999, within the limits of such city, county or political subdivision, and any such laws, ordinances or resolutions heretofore made or passed shall be void and of no effect.
History:
L. 1977, ch. 172, § 17; L. 1978, ch. 197, § 1; L. 1998, ch. 67, § 16; L. 2013, ch. 44, § 20; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-930 Severability.

44-930.
Severability.
If any provisions of this act or the application thereof to any person or circumstances is held invalid the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and to this end the provisions of this act are severable.
History:
L. 1977, ch. 172, § 18; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-931 Transfer of powers and duties of secretary of labor under the boiler safety act.

44-931. Transfer of powers and duties of secretary of labor under the boiler safety act.
(a) All of the powers, duties and functions of the secretary of labor under the boiler safety act, K.S.A. 44-913 et seq., and amendments thereto, are hereby transferred to and conferred and imposed upon the office of state fire marshal.
(b) In accordance with the provisions of appropriation acts, the office of state fire marshal shall administer the boiler inspection fee fund, established by K.S.A. 44-926, and amendments thereto.
(c) All liabilities of the secretary of labor, including accrued compensation or salaries of officers and employees who are transferred to the office of state fire marshal under this section shall be assumed and paid by the office of state fire marshal.
History:
L. 2013, ch. 44, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 9 - Boiler Inspection › 44-933 Same; resolution of conflicts in transfers.

44-933. Same; resolution of conflicts in transfers.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under K.S.A. 44-931, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The office of state fire marshal shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the office of state fire marshal pursuant to K.S.A. 44-931, and amendments thereto. Any conflict as to the proper disposition of property, personnel or records arising under this section or K.S.A. 44-931 or 44-932, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History:
L. 2013, ch. 44, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1001 Title of act; declaration of state policy and purpose.

44-1001.
Title of act; declaration of state policy and purpose.
This act shall be known as the Kansas act against discrimination. It shall be deemed an exercise of the police power of the state for the protection of the public welfare, safety, health and peace of the people of this state. The practice or policy of discrimination against individuals in employment relations, in relation to free and public accommodations, in housing by reason of race, religion, color, sex, disability, national origin or ancestry or in housing by reason of familial status is a matter of concern to the state, since such discrimination threatens not only the rights and privileges of the inhabitants of the state of Kansas but menaces the institutions and foundations of a free democratic state. It is hereby declared to be the policy of the state of Kansas to eliminate and prevent discrimination in all employment relations, to eliminate and prevent discrimination, segregation, or separation in all places of public accommodations covered by this act, and to eliminate and prevent discrimination, segregation or separation in housing.
It is also declared to be the policy of this state to assure equal opportunities and encouragement to every citizen regardless of race, religion, color, sex, disability, national origin or ancestry, in securing and holding, without discrimination, employment in any field of work or labor for which a person is properly qualified, to assure equal opportunities to all persons within this state to full and equal public accommodations, and to assure equal opportunities in housing without distinction on account of race, religion, color, sex, disability, familial status, national origin or ancestry. It is further declared that the opportunity to secure and to hold employment, the opportunity for full and equal public accommodations as covered by this act and the opportunity for full and equal housing are civil rights of every citizen.
To protect these rights, it is hereby declared to be the purpose of this act to establish and to provide a state commission having power to eliminate and prevent segregation and discrimination, or separation in employment, in all places of public accommodations covered by this act, in housing because of race, religion, color, sex, disability, national origin or ancestry and in housing because of familial status, either by employers, labor organizations, employment agencies, realtors, financial institutions or other persons as hereinafter provided.
History:
L. 1953, ch. 249, § 1; L. 1961, ch. 248, § 1; L. 1963, ch. 279, § 1; L. 1965, ch. 323, § 1; L. 1972, ch. 194, § 1; L. 1974, ch. 209, § 1; L. 1991, ch. 147, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1006 Construction of act.

44-1006. Construction of act.
(a) The provisions of this act shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this act shall be deemed to repeal any of the provisions of any other law of this state relating to discrimination because of race, religion, color, sex, disability, national origin or ancestry, unless the same is specifically repealed by this act.
(b) Nothing in this act shall be construed to mean that an employer shall be forced to hire unqualified or incompetent personnel, or discharge qualified or competent personnel.
(c) The definition of "disability" in K.S.A. 44-1002(j), and amendments thereto, shall be construed in accordance with the following:
(1) The definition of disability in this act shall be construed in favor of broad coverage of individuals under this act, to the maximum extent permitted by the terms of this act;
(2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability;
(3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and
(4) (A) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as the following:
(i) Medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eye glasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
(ii) use of assistive technology;
(iii) reasonable accommodations or auxiliary aides or services; or
(iv) learned behavioral or adaptive neurological modifications.
(B) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
(C) As used in this subparagraph:
(i) "Ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error; and
(ii) "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image.
History:
L. 1953, ch. 249, § 6; L. 1963, ch. 279, § 5; L. 1970, ch. 192, § 4; L. 1972, ch. 194, § 6; L. 1974, ch. 209, § 5; L. 1991, ch. 147, § 5; L. 2012, ch. 48, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1007 Invalidity of part.

44-1007.
Invalidity of part.
If any clause, sentence, paragraph or part of this act or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction to be invalid such judgment shall not affect, impair or invalidate the remainder of this act and the application thereof to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered and the persons or circumstances involved. It is hereby declared to be the legislative intent that this act would have been adopted had such provisions not been included.
History:
L. 1953, ch. 249, § 7; June 30.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1010 Petition for reconsideration of orders of commission.

44-1010.
Petition for reconsideration of orders of commission.
Any party being dissatisfied with any order or decision of the commission may petition for reconsideration in accordance with the provisions of K.S.A. 77-529 and amendments thereto. No cause of action arising out of any order or decision of the commission shall accrue in any court to any party unless such party shall petition for reconsideration as herein provided. No party shall, in any court, urge or rely upon any ground not set forth in the petition for reconsideration.
History:
L. 1961, ch. 248, § 7; L. 1988, ch. 356, § 150; July 1, 1989.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1011 Enforcement of commission orders; judicial review; procedure.

44-1011.
Enforcement of commission orders; judicial review; procedure.
(a) The commission, attorney general or county or district attorney, at the request of the commission, may secure enforcement of any final order of the commission in accordance with the Kansas judicial review act. The evidence presented to the commission, together with its findings and the order issued thereon, shall be certified by the commission to the district court as its return. No order of the commission shall be superseded or stayed during the proceeding on review unless the district court shall so direct.
(b) Any action of the commission pursuant to the Kansas act against discrimination is subject to review in accordance with the Kansas judicial review act except: (1) As provided by K.S.A. 44-1044, and amendments thereto; (2) the attorney general or county or district attorney, in addition to those persons specified by K.S.A. 77-611, and amendments thereto, shall have standing to bring an action for review; and (3) on review, the court shall hear the action by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and amendments thereto, and the court, in its discretion, may permit any party or the commission to submit additional evidence on any issue. The review shall be heard and determined by the court as expeditiously as possible. After hearing, the court may affirm the adjudication. If the adjudication by the commission is not affirmed, the court may set aside or modify it, in whole or in part, or may remand the proceedings to the commission for further disposition in accordance with the order of the court.
The commission's copy of the testimony shall be available at all reasonable times to all parties for examination without cost, and for the purpose of judicial review of the order. The review shall be heard on the record without requirement of printing.
The commission shall be deemed a party to the review of any order by the court.
History:
L. 1961, ch. 248, § 8; L. 1963, ch. 279, § 6; L. 1965, ch. 323, § 7; L. 1967, ch. 285, § 3; L. 1970, ch. 192, § 6; L. 1979, ch. 161, § 3; L. 1986, ch. 318, § 64; L. 2010, ch. 17, § 79; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1012 Posting of law and information.

44-1012.
Posting of law and information.
Every person, as defined herein, employer, employment agency and labor union subject to this act, shall keep posted in a conspicuous place or places on his premises a notice or notices to be prepared or approved by the commission, which shall set forth excerpts of this act and such other relevant information which the commission shall deem necessary to explain the act.
History:
L. 1961, ch. 248, § 9; L. 1963, ch. 279, § 7; L. 1965, ch. 323, § 8; June 30.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1013 Unlawful acts; penalties.

44-1013.
Unlawful acts; penalties.
Any person, as defined herein, employer, labor organization or employment agency, who or which shall willfully resist, prevent, impede or interfere with the commission or any of its members or representatives in the performance of duty under this act, or shall willfully violate an order of the commission, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than one (1) year, or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment; but procedure for the review of the order shall not be deemed to be such willful conduct.
History: L. 1961, ch. 248, § 10; L. 1965, ch. 323, § 9; L. 1970, ch. 192, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1015 Discrimination in housing; definitions.

44-1015.
Discrimination in housing; definitions.
As used in this act, unless the context otherwise requires:
(a) "Commission" means the Kansas human rights commission.
(b) "Real property" means and includes:
(1) All vacant or unimproved land; and
(2) any building or structure which is occupied or designed or intended for occupancy, or any building or structure having a portion thereof which is occupied or designed or intended for occupancy.
(c) "Family" includes a single individual.
(d) "Person" means an individual, corporation, partnership, association, labor organization, legal representative, mutual company, joint-stock company, trust, unincorporated organization, trustee, trustee in bankruptcy, receiver and fiduciary.
(e) "To rent" means to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(f) "Discriminatory housing practice" means any act that is unlawful under K.S.A. 44-1016, 44-1017 or 44-1026, and amendments thereto.
(g) "Person aggrieved" means any person who claims to have been injured by a discriminatory housing practice or believes that such person will be injured by a discriminatory housing practice that is about to occur.
(h) "Disability" has the meaning provided by K.S.A. 44-1002 and amendments thereto.
(i) "Familial status" means having one or more individuals less than 18 years of age domiciled with:
(1) A parent or another person having legal custody of such individual or individuals; or
(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.
History:
L. 1970, ch. 193, § 1; L. 1991, ch. 147, § 7; L. 1992, ch. 91, § 2; April 23.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1017 Same; unlawful acts as to real estate loans.

44-1017.
Same; unlawful acts as to real estate loans.
(a) It shall be unlawful for any person or other entity whose business includes engaging in real estate related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of the race, religion, color, sex, disability, familial status, national origin or ancestry of such person or of any person associated with such person in connection with any real estate related transaction.
(b) As used in this section, "real estate related transaction" means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
(A) For purchasing, constructing, improving, repairing or maintaining a dwelling; or
(B) secured by real property.
(2) The selling, brokering or appraising of real property.
(c) Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, religion, color, sex, disability, familial status, national origin or ancestry.
History: L. 1970, ch. 193, § 3; L. 1972, ch. 194, § 9; L. 1991, ch. 147, § 9; January 1, 1992.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1017a Same; homeowners association; removal of certain restrictive covenants; penalties.

44-1017a.
Same; homeowners association; removal of certain restrictive covenants; penalties.
(a) No declaration or other governing document of an association shall include a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017, and amendments thereto.
(b) Within 60 days of the effective date of this act, the board of directors of an association shall amend any declaration or other governing document that includes a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017, and amendments thereto, by removing such restrictive covenant. Such amendment shall not require the approval of the members of the association. No other change shall be required to be made to the declaration or other governing document of the association pursuant to this section. Within 10 days of the adoption of the amendment, the amended declaration or other governing document shall be recorded in the same manner as the original declaration or other governing document. No fee shall be charged for such recording.
(c) If the commission, a city or county in which the association is located provides written notice to an association requesting that the association delete a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017, and amendments thereto, the association shall delete the restrictive covenant within 30 days of receiving the notice. If the association fails to delete the restrictive covenant in violation of K.S.A. 44-1016 and 44-1017, and amendments thereto, the commission, a city or county in which the association is located, or any person adversely affected by such restrictive covenant may bring an action against the homeowners association for injunctive relief to enforce the provisions of subsections (a) and (b) of this section. The court may award attorney's fees to the prevailing party.
(d) For the purposes of this section:
(1) "Association" means a non-profit homeowners association as defined in K.S.A. 60-3611, and amendments thereto.
(2) "Commission" means the Kansas human rights commission as defined in K.S.A. 44-1002, and amendments thereto.
(e) This section shall be supplemental to and a part of the Kansas act against discrimination.
History:
L. 2006, ch. 144, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1020 Same; subpoenas; witness fees and mileage; interim judicial relief; criminal enforcement of subpoenas.

44-1020.
Same; subpoenas; witness fees and mileage; interim judicial relief; criminal enforcement of subpoenas.
(a) Upon written application to the commission, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the commission to the same extent and subject to the same limitations as subpoenas issued by the commission. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at respondent's request.
(b) Witnesses summoned by subpoena of the commission shall be entitled to the same witness and mileage fees as are allowed witnesses in proceedings in district courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent.
(c) If the commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this act, the commission may bring a civil action in the district court of the county in which the alleged discriminatory housing practice is alleged to have occurred, for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. The commission shall promptly notify the attorney general of the filing of any action pursuant to this subsection. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the rules of civil procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this act.
(d) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if in such person's power to do so in obedience to the subpoena or lawful order of the commission, shall, upon conviction, be fined not more than $1,000 or imprisoned for not more than one year, or both such fine and imprisonment. Any person who, with intent thereby to mislead the commission, shall make or cause to be made any false entry or statement of fact in any report, account, record or other document, submitted to the commission pursuant to subpoena or other order of the commission, or who shall willfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records or other documents, or who shall willfully mutilate, alter or by any other means falsify any documentary evidence, shall, upon conviction, be fined not more than $1,000 or imprisoned for not more than one year, or both such fine and imprisonment.
History:
L. 1970, ch. 193, § 6; L. 1972, ch. 194, § 11; L. 1991, ch. 147, § 12; January 1, 1992.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1022 Same; civil action by attorney general, when.

44-1022.
Same; civil action by attorney general, when.
Whenever the attorney general or any district or county attorney, within the appropriate county, has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this act, or that any group of persons has been denied any of the rights granted by this act and such denial raises an issue of general public importance, the attorney general or district or county attorney may bring a civil action, within one year after the alleged discriminatory housing practice occurred, in the district court where an action may be commenced pursuant to K.S.A. 44-1021 and amendments thereto, requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice or denial of rights, as the attorney general or district or county attorney deems necessary to insure the full enjoyment of the rights granted by this act.
History:
L. 1970, ch. 193, § 8; L. 1991, ch. 147, § 14; January 1, 1992.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1023 Same; assignment of case; expedition.

44-1023.
Same; assignment of case; expedition.
Any court in which a proceeding is instituted under K.S.A. 44-1021 or 44-1022 shall assign the case for hearing at the earliest practicable date and cause the case to be in every way expedited.
History:
L. 1970, ch. 193, § 9; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1024 Same; effect of city ordinances governing housing practices.

44-1024.
Same; effect of city ordinances governing housing practices.
Nothing in this act shall be construed to invalidate or limit any ordinance of any city in this state that grants, guarantees or protects the same rights as are granted by this act; but any ordinance of a city that purports to require or permit any action that would be a discriminatory housing practice under this act shall, to that extent, be invalid.
History:
L. 1970, ch. 193, § 10; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1025 Same; cooperation of commission with local agencies; agreements.

44-1025.
Same; cooperation of commission with local agencies; agreements.
The commission may cooperate with local agencies charged with the administration of local fair housing ordinances and, with the consent of such agencies, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist the commission in carrying out this act. In furtherance of such cooperative efforts, the commission may enter into written agreements with such local agencies. All such agreements and terminations thereof shall be made available to the public by the commission.
History:
L. 1970, ch. 193, § 11; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1026 Same; unlawful acts; enforcement of section.

44-1026.
Same; unlawful acts; enforcement of section.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of such person's having exercised or enjoyed, or on account of such person's having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by K.S.A. 44-1016 or 44-1017, and amendments thereto.
History:
L. 1970, ch. 193, § 12; L. 1991, ch. 147, § 15; January 1, 1992.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1027 Same; unlawful act; penalties.

44-1027.
Same; unlawful act; penalties.
(a) No person, whether or not acting under color of law, shall by force or threat of force willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with:
(1) Any person because of such person's race, religion, color, sex, disability, familial status, national origin or ancestry and because such person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any real property, or applying for or participating in any service, organization or facility relating to the business of selling or renting real property;
(2) any person because such person is or has been, or in order to intimidate such person or any other person or any class of persons from:
(A) Participating, without discrimination on account of race, religion, color, sex, disability, familial status, national origin or ancestry, in any of the activities, services, organizations or facilities described in subsection (a)(1); or
(B) affording another person or class of persons opportunity or protection so to participate; or
(3) any citizen because such citizen is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, religion, color, sex, disability, familial status, national origin or ancestry, in any of the activities, services, organizations or facilities described in subsection (a)(1), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(b) Violation of this section is punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both such fine and imprisonment, except that:
(1) If bodily injury results, such violation shall be punishable by a fine of not more than $10,000 or imprisonment for not more than 10 years, or both such fine and imprisonment; and
(2) if death results, such violation shall be punishable by imprisonment for any term of years or for life.
History:
L. 1970, ch. 193, § 13; L. 1972, ch. 194, § 13; L. 1991, ch. 147, § 16; January 1, 1992.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 10 - Kansas Acts Against Discrimination › 44-1028 Same; severability.

44-1028.
Same; severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
History:
L. 1970, ch. 193, § 14; July 1.