reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-273 Sale of perishable grain or grain that will injure other property; warehouseman's duty of care; liability for neglect.

34-273.
Sale of perishable grain or grain that will injure other property; warehouseman's duty of care; liability for neglect.
(a) In case any public warehouseman discovers that any grain stored in such warehouseman's warehouse, other than in special bins, is out of condition or is becoming so and that it is not in such warehouseman's power to preserve the grain, such warehouseman shall immediately give such notice of that fact as is reasonable and possible under the circumstances to the owner of such grain or to the person in whose name the grain is stored and shall also give notice of that fact to the secretary.
(b) The secretary, unless otherwise requested by the owner of such grain or the person in whose name the grain is stored, shall cause an inspection to be made of the grain. If it is found on such inspection that the grain is out of condition, or is becoming so, and the owner of the grain fails to promptly remove it, the warehouseman may sell the grain upon giving the same public notice of sale as is required by this act for the sale of grain to satisfy the lien of a warehouseman, except that the grain may be sold at either public or private sale without advertising if, in the opinion of the secretary, such grain should be sold without delay and written authority to make sale without advertisement is given by the secretary to the warehouseman. For the purpose of this section, the owner of such grain shall be deemed to be the holder of warehouse receipts of the oldest dates then in circulation or uncanceled and the grain represented by which has not previously been declared out of condition.
(c) Nothing herein contained shall be held to relieve any warehouseman from exercising due care and vigilance in preserving any such grain after discovery that the same is out of condition, or is becoming so, but such grain shall be kept separate and apart from all direct contact with other grain and shall not be mixed with other grain while in store in such warehouse. Any public warehouseman guilty of any act of neglect which has the effect of depreciating property stored in a public warehouse under the warehouseman's control, shall be liable on the warehouseman's bond or letter of credit therefor to the person damaged thereby. After grain has been sold as authorized by this section, the warehouseman shall not be liable thereafter for the delivery of such grain even though the receipt therefor is negotiable, but shall be liable as a trustee for the amount of the proceeds of such sale in excess of the amount of any lawful charges for which the warehouseman had a lien at the time of such sale.
History:
L. 1931, ch. 194, § 51; L. 1984, ch. 150, § 13; L. 1997, ch. 160, § 33; L. 2000, ch. 30, § 6; March 30.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-274 Disposition of proceeds of sale.

34-274.
Disposition of proceeds of sale.
All grains sold for the satisfaction of warehouseman's lien shall be sold at public sale to the highest and best bidder for cash in hand. From proceeds of such sale, the warehouseman shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of such proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound to deliver or justified in delivering the grain. At any time before the grain is sold any person claiming a right of property or possession therein may pay the warehouseman the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notice and advertising and preparing for the sale up to the time of such payment. The warehouseman shall deliver the grain to the person making such payment if he is a person entitled, under the provisions of this act, to the possession of the grain on payment of charges thereon. Otherwise the warehouseman shall retain possession of the grain according to the terms of the original contract of deposit.
History:
L. 1931, ch. 194, § 52; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-275 Other methods of enforcing liens not precluded.

34-275.
Other methods of enforcing liens not precluded.
The remedy for enforcing a lien herein provided does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the warehouseman's claim as shall not be paid by the proceeds of the sale of the property.
History:
L. 1931, ch. 194, § 53; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-276 Effect of sale.

34-276.
Effect of sale.
After the grain has been lawfully sold to satisfy warehouseman's lien, or has been lawfully sold or disposed of for any other cause, the warehouseman shall not thereafter be liable for failure to deliver the grain to the depositor or owner of the grain, or to a holder of a receipt given for the grain when it was deposited, even if such receipt be negotiable. After such lawful sale, the proceeds of such sale, after deducting any lawful liens, shall be held for the benefit of the owner, or the holder of the receipt or receipts.
History:
L. 1931, ch. 194, § 54; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-277 Negotiations of negotiable receipts by delivery.

34-277.
Negotiations of negotiable receipts by delivery.
(a) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer, or (b) where, by the terms of the receipt, the warehouseman undertakes to deliver the grain to the order of a specified person, and such person or a subsequent endorsee of the receipt has endorsed it in blank or to bearer. Where, by the terms of a negotiable receipt, the grain is deliverable to bearer or where a negotiable receipt has been endorsed in blank or to bearer, any holder may endorse the same to himself or to any other specified person, and in such case the receipt shall thereafter be negotiated only by the endorsement of such endorsee.
History:
L. 1931, ch. 194, § 55; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-278 Negotiations of negotiable receipts by endorsement.

34-278.
Negotiations of negotiable receipts by endorsement.
A negotiable receipt may be negotiated by the endorsement of the person to whose order the grain is by the terms of the receipt deliverable. Such endorsement may be in blank, to the bearer, or to a specified person. If endorsed to a specified person it may be again negotiated by the endorsement of such person in blank, to bearer, or to another specified person. Subsequent negotiation may be made in like manner.
History:
L. 1931, ch. 194, § 56; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-279 Transfer of receipt.

34-279.
Transfer of receipt.
A receipt which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. A nonnegotiable receipt cannot be negotiated, and the endorsement of such a receipt gives the transferee no additional right.
History:
L. 1931, ch. 194, § 57; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-280 Who may negotiate a receipt.

34-280.
Who may negotiate a receipt.
A negotiable receipt may be negotiated: (a) By the owner, thereof; or (b) by any person to whom the possession or custody of the receipt has been entrusted by the owner, or holder, if, by the terms of the receipt, the warehouseman undertakes to deliver the grain to the order of the person to whom the possession or custody of the receipt has been entrusted, or if at the time of such entrusting the receipt is in such form that it may be negotiated by delivery.
History:
L. 1931, ch. 194, § 58; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-281 Rights of person to whom a receipt has been negotiated.

34-281.
Rights of person to whom a receipt has been negotiated.
A person to whom a negotiable receipt has been duly negotiated acquires thereby: (a) Such title to the grain as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value and also such title to the grain as the depositor to whose order the grain was to be delivered by the terms of the receipt had or had ability to convey to a purchaser in good faith for value; and (b) the direct obligation of the warehouseman to hold possession of the grain for him according to the terms of the receipt as fully as if the warehouseman had contracted directly with him.
History:
L. 1931, ch. 194, § 59; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-282 Rights of person to whom a receipt has been transferred, but not negotiated.

34-282.
Rights of person to whom a receipt has been transferred, but not negotiated.
A person to whom a receipt has been transferred, but not negotiated, acquires thereby, as against the transferer, the title to the grain, subject to the terms of any agreement with the transferer. If the receipt is nonnegotiable such person also acquires the right to notify the warehouseman of the transfer to him of such receipt, and thereby to acquire the direct obligation of the warehouseman to hold possession of the grain for him, according to the terms of the receipt. Prior to the notification of the warehouseman by the transferer of a nonnegotiable receipt, the title of the transferee to the grain and the right to acquire the obligation of the warehouseman may be defeated by the levy of an attachment or execution upon the grain by a creditor of the transferer, or by a notification to the warehouseman by the transferer or a subsequent purchaser from the transferer of a subsequent sale of the grain by the transferer.
History:
L. 1931, ch. 194, § 60; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-283 Transfer of negotiable receipt without endorsement.

34-283.
Transfer of negotiable receipt without endorsement.
Where a negotiable receipt is transferred for value by delivery, and the endorsement of the transfer* is essential for negotiation, the transferee acquires a right against the transferer to compel him to endorse the receipt unless a contrary intention appears. The negotiation shall take effect as of the time when the endorsement is actually made.
History:
L. 1931, ch. 194, § 61; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-284 Warranties on sale of receipt.

34-284.
Warranties on sale of receipt.
A person who for value negotiates or transfers a receipt by endorsement or delivery including one who assigns for value a claim secured by a receipt unless a contrary intention appears, warrant: (a) That the receipt is genuine; (b) that he has a legal right to negotiate or transfer it; (c) that he has knowledge of no fact which would impair the validity or worth of the receipt, and (d) that he has a right to transfer the title to the grain, and that the grain is merchantable or fit for a particular purpose whenever such warranties would have been implied if the contract of the parties had been to transfer the grain without receipts represented thereby.
History:
L. 1931, ch. 194, § 62; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-285 Endorser not a guarantor.

34-285.
Endorser not a guarantor.
The endorsement of a receipt shall not make the endorser liable for any failure on the part of the warehouseman or previous endorsers of the receipt to fulfill their respective obligations.
History:
L. 1931, ch. 194, § 63; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-286 No warranty implied from accepting payment of a debt.

34-286.
No warranty implied from accepting payment of a debt.
A mortgagee, or pledgee, or holder for security, of a receipt who in good faith demands or receives payment of the debt for which such receipt is security whether from a party to a draft drawn for such debts, or from any other person, shall not by so doing be deemed to represent or to warrant the genuineness of such receipt or the quantity or quality of the grain therein described.
History:
L. 1931, ch. 194, § 64; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-287 When negotiations not impaired by fraud, mistake or duress.

34-287.
When negotiations not impaired by fraud, mistake or duress.
The validity of the negotiation of a receipt is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the receipt was induced by fraud, mistake or duress to entrust the possession or custody of the receipt to such person, if the person to whom the receipt was subsequently negotiated paid value therefor without notice of the breach of duty or fraud, mistake or duress.
History:
L. 1931, ch. 194, § 65; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-288 Effect of negotiation of receipt on previous sale, mortgage or pledge.

34-288.
Effect of negotiation of receipt on previous sale, mortgage or pledge.
When a person having sold, mortgaged or pledged grain which is in a warehouse and for which a negotiable receipt has been issued, or having sold, mortgaged, or pledged the negotiable receipt representing such grain, continues in possession of the negotiable receipt, the subsequent negotiation thereof by that person under any sale, or other disposition thereof, to any person receiving the same in good faith, for value and without notice of the previous sale, mortgage or pledge, shall have the same effect as if the first purchaser of the grain or receipt had expressly authorized the subsequent negotiations.
History:
L. 1931, ch. 194, § 66; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-289 Rights of purchaser for value in good faith of negotiable receipt.

34-289.
Rights of purchaser for value in good faith of negotiable receipt.
Where a negotiable receipt has been issued for grain, no seller's lien or right of stoppage in transit shall defeat the rights of any purchaser for value in good faith to whom such receipt has been negotiated, whether such negotiation be prior or subsequent to the notification to the warehouseman who issued such receipt of the seller's claim to a lien or right of stoppage in transit. Nor shall the warehouseman be obliged to deliver or be justified in delivering the grain to an unpaid seller unless the receipt is first surrendered for cancellation.
History:
L. 1931, ch. 194, § 67; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-293 Issuance of receipt for warehouseman's grain; statement of ownership; penalty for violation.

34-293.
Issuance of receipt for warehouseman's grain; statement of ownership; penalty for violation.
If a warehouseman owns, solely, jointly or in common with others, any grain which is deposited or held by the warehouseman, the warehouseman or any officer, agent or servant of the warehouseman who knows of this ownership and who issues or aids in issuing for that grain a negotiable receipt which does not state the warehouseman's ownership is guilty of a severity level 10, nonperson felony.
History:
L. 1931, ch. 194, § 71; L. 1983, ch. 135, § 10; L. 1993, ch. 291, § 218; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-295 Negotiation of receipt for grain not owned or encumbered grain with intent to defraud; penalty.

34-295.
Negotiation of receipt for grain not owned or encumbered grain with intent to defraud; penalty.
Any person who takes a negotiable receipt for grain for which the person does not have title or upon which there is a lien or mortgage and who negotiates the receipt for value with intent to defraud or without disclosing the person's lack of title or the existence of the lien or mortgage is guilty of a severity level 10, nonperson felony.
History: L. 1931, ch. 194, § 73; L. 1983, ch. 135, § 11; L. 1993, ch. 291, § 219; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-295a Warehouse records and accounts; required information; authorized methods of maintaining; examination by secretary; period to be retained.

34-295a.
Warehouse records and accounts; required information; authorized methods of maintaining; examination by secretary; period to be retained.
(a) Every public warehouseman conducting a warehouse under the statutes contained in article 2 of chapter 34 of the Kansas Statutes Annotated, and amendments thereto, shall keep in a place of safety complete and correct records and accounts pertaining to the licensed warehouse including, but not limited to:
(1) Records and accounts of all commodities received therein and withdrawn therefrom;
(2) all unissued receipts and tickets in the public warehouseman's possession;
(3) all receipts and tickets issued by the public warehouseman; and
(4) the receipts and tickets returned and cancelled by the public warehouseman.
(b) Such accounts and records shall be sufficient to provide all information required to prepare a current financial statement and other reports required under subsection (b) of K.S.A. 34-228, and amendments thereto, and to determine the total net worth of the public warehouseman under subsection (c) of K.S.A. 34-228, and amendments thereto. Such accounts and records may be kept and maintained on paper or on computer disks, tapes or other electronically accessed media, or any combination thereof, and shall be available for inspection and review by the secretary or an authorized representative of the secretary at all times during business hours. The capability to provide a computer printout or other printed version of any such accounts and records that are kept and maintained on computer disks, tapes or other electronically accessed media shall be maintained to make copies of such accounts and records for examination by the secretary or an authorized representative of the secretary.
(c) Such records and accounts shall be retained by the public warehouseman for such period as may be prescribed by the secretary. Copies of receipts or other documents evidencing ownership of any commodity or liability as a warehouseman shall be retained so long as such documents are outstanding and any such document which has been cancelled shall be retained for a period of not less than six years from the date of cancellation.
History:
L. 1967, ch. 237, § 1; L. 1985, ch. 137, § 6; L. 1997, ch. 160, § 34; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-295b Same; separation from other records; inspection.

34-295b.
Same; separation from other records; inspection.
All such records and accounts shall be kept separate and distinct from the records and accounts of any other business, and shall be subject to the inspection by the secretary or an authorized representative of the secretary at all reasonable times.
History:
L. 1967, ch. 237, § 2; L. 1997, ch. 160, § 35; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-296 Laws applicable to receipts.

34-296.
Laws applicable to receipts.
In any case not provided for in this act, the rules of law and equity including the law merchant and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy or other invalidating cause shall govern.
History:
L. 1931, ch. 194, § 74; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-297 Effect on prior receipts.

34-297.
Effect on prior receipts.
The provisions of this act do not apply to receipts made and delivered prior to the taking effect of this act.
History:
L. 1931, ch. 194, § 75; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-298 Penalty for violation of act; revocation of license; notice and opportunity for hearing.

34-298.
Penalty for violation of act; revocation of license; notice and opportunity for hearing.
(a) Unless otherwise provided in this act, any person or entity that violates any provision of this act is guilty of a class A nonperson misdemeanor.
(b) If, after notice and opportunity for a hearing are given in accordance with the Kansas administrative procedure act, the secretary finds that the provisions of this act have been violated by any person holding a license to conduct a public warehouse in this state, the secretary shall revoke the person's license. No new license shall be granted to the person whose license is revoked or to anyone engaged, either directly or indirectly, in the public warehouse business with that person for a period of one year.
History:
L. 1931, ch. 194, § 76; L. 1983, ch. 135, § 12; L. 1988, ch. 356, § 73; L. 1997, ch. 160, § 36; L. 2010, ch. 60, § 7; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-299 Disposition of grain upon license expiration; sale of unclaimed grain; disposition of proceeds.

34-299.
Disposition of grain upon license expiration; sale of unclaimed grain; disposition of proceeds.
(a) It shall be the duty of any person operating a public warehouse in Kansas under this act, who desires to discontinue the operation of a public warehouse at least 30 days prior to the expiration of such warehouse license, to notify: (1) all holders of warehouse receipts and all parties storing grain in such warehouse, if known; (2) if not known, by public notice, by advertising in a newspaper of general circulation in the city in which such warehouse is situated; and (3) the secretary, of such person's intention to discontinue the public warehouse business.
(b) It shall be the duty of the owners of such grain to remove, or cause to be removed, their grain from the warehouse, before the expiration of the license. If for any cause the grain is not removed from the warehouse, it shall be the duty of the warehouseman to sell for the account of the depositor the grain at the best market price obtainable and remit the funds to the secretary. The secretary shall deposit the funds with the state treasurer to be held for the account of the depositor. If and when the depositor, or holder of claim, shall appear and present a valid claim to the secretary for the funds so deposited, the secretary shall issue a voucher to the state treasurer withdrawing said funds to the order of the claimant.
History:
L. 1931, ch. 194, § 77; L. 1967, ch. 236, § 1; L. 1997, ch. 160, § 37; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,101 Relation of this act to the federal warehouse act.

34-2,101.
Relation of this act to the federal warehouse act.
The provisions of this act relating to licensing, bonding and supervision of warehouses shall not be construed to apply to any public warehouseman who is, or shall hereafter be, duly licensed under the federal warehouse act, except that the provisions of K.S.A. 34-2,112, and amendments thereto, shall apply to all state and federally licensed warehouses.
History:
L. 1931, ch. 194, § 79; L. 2002, ch. 159, § 30; May 23.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,102 Invalidation of any part of this act.

34-2,102.
Invalidation of any part of this act.
That if any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, 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 be returned.
History:
L. 1931, ch. 194, § 80; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,103 Interpretation of act.

34-2,103.
Interpretation of act.
This act shall be liberally interpreted and construed to effectuate its general purpose.
History:
L. 1931, ch. 194, § 81; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,105 Same; no defense in criminal action.

34-2,105.
Same; no defense in criminal action.
Nothing in this act nor any action under this act shall be a defense or partial defense in any prosecution under any criminal statute.
History:
L. 1967, ch. 238, § 2; April 26.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,106 Same; severability.

34-2,106.
Same; severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1967, ch. 238, § 3; April 26.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,107 Priority of owner's interest in stored grain.

34-2,107. Priority of owner's interest in stored grain.
The owner of grain held in storage by a public warehouseman, as defined in K.S.A. 34-223, and amendments thereto, in this state, whether such grain is held under open storage or pursuant to the issuance of a warehouse receipt, shall have a prior right to such grain against any other person, subject only to the payment of accrued warehouse charges and the satisfaction of any lien or liens upon such grain and valid against the owner thereof, until the grain is either removed from storage by the owner or sold by the owner.
History:
L. 1981, ch. 180, § 1; L. 2021, ch. 69, § 3; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,109 Warehouseman's annual statement of depositor's grain.

34-2,109.
Warehouseman's annual statement of depositor's grain.
(a) Every public warehouseman shall submit, annually, to each depositor of open storage or grain bank grain, a statement of grain stored in the public warehouse. The statement shall include, but not be limited to, the following information:
(1) Type of grain deposited;
(2) the total bushels or pounds stored;
(3) the year storage of grain began; and
(4) the storage rate.
(b) The provisions of this section are supplemental to the provisions of chapter 34 of Kansas Statutes Annotated.
History:
L. 1983, ch. 134, § 1; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,110 Warehouseman's annual statement of depositors to secretary.

34-2,110.
Warehouseman's annual statement of depositors to secretary.
Every public warehouseman shall make available to the secretary a verified composite statement of depositors of open storage grain or grain bank grain. The composite statement shall contain the same information as in K.S.A. 34-2,109, and amendments thereto.
History:
L. 1983, ch. 134, § 2; L. 1997, ch. 160, § 39; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,111 Grain purchase contracts with delayed payment or delayed pricing; required provisions; standby letter of credit, posted notice.

34-2,111. Grain purchase contracts with delayed payment or delayed pricing; required provisions; standby letter of credit, posted notice.
(a) Whenever a public warehouseman offers to purchase grain pursuant to a grain purchase contract which includes provision for deferred payment or delayed pricing of the grain, the public warehouseman shall inform the seller that such grain purchase contract is a voluntary extension of credit and is not protected by the surety bond or letter of credit, pursuant to K.S.A. 34-229, and amendments thereto, of the public warehouseman.
(b) Each grain purchase contract which contains a provision for deferred payment or delayed pricing, or both such provisions, shall be in writing and shall include the following statement: "THIS CONTRACT CONSTITUTES A VOLUNTARY EXTENSION OF CREDIT BY THE SELLER TO THE PUBLIC WAREHOUSEMAN AND IS NOT PROTECTED BY THE SURETY BOND OR LETTER OF CREDIT OF THE PUBLIC WAREHOUSEMAN." The statement shall be prominently displayed in capital letters that are at least as large as 10-point type and shall be followed by a signature line that has the following statement in parentheses under the line: "Must be signed by seller." Such statements and signature line shall be framed in a box and placed on the first page of the grain purchase contract as a part thereof so that it stands out from the other provisions of the grain purchase contract.
(c) If a public warehouseman has entered into a written grain purchase contract with a seller that produced the grain and if such grain purchase contract provides for either deferred payment or delayed pricing, or both, then, upon demand of the seller made after delivery of such grain to the public warehouseman, the public warehouseman shall cause a financial institution to issue to the seller a standby letter of credit in the amount of the unpaid balance under the grain purchase contract at the time such demand is made. Each public warehouseman who offers to enter into such a grain purchase contract with any seller that produced the grain shall post a sign providing public notice of the availability of such standby letter of credit.
(d) This section shall be a part of and supplemental to the statutes contained in article 2 of chapter 34 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1985, ch. 137, § 1; L. 1985, ch. 138, § 1; L. 1986, ch. 154, § 1; L. 2000, ch. 30, § 8; L. 2021, ch. 69, § 4; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,112 Voidable sale of grain to warehouseman; insufficient funds check.

34-2,112. Voidable sale of grain to warehouseman; insufficient funds check.
(a) Whenever any amount of grain is received in any public warehouse from a producer and is sold by the producer, or if a grain producer delivers grain for sale pursuant to an agreement with the public warehouseman for deferred payment or deferred pricing, and if upon demand for payment by the producer, the warehouseman fails to make full payment as due or makes payment by check that fails because of insufficient funds to clear the bank or other financial institution on which it is drawn within 15 days after the date the check is issued or the demand is made, excluding Saturdays, Sundays and holidays, the sale of such amount of grain may be voided by the producer by notifying the public warehouseman in writing that the sale is void. In any such case, the public warehouseman shall include such amount of grain in the public warehouseman's daily position record and other records as an open storage obligation upon receiving such written notice voiding the sale.
(b) This section shall be a part of and supplemental to the statutes contained in article 2 of chapter 34 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1987, ch. 147, § 2; L. 2002, ch. 159, § 31; L. 2021, ch. 69, § 5; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-2,113 Sample of commodity; procedure; powers of secretary.

34-2,113.
Sample of commodity; procedure; powers of secretary.
(a) The secretary of agriculture or the authorized representative of the secretary may sample any commodity contained in a licensed warehouse whenever indications of quality problems with the potential of causing a loss of value are observed. Observations indicating the following may serve as the basis for the sample provided for by this section: (1) Odor consistent with spoiled or rotten grain; (2) insect damage; (3) distinct discoloration of the kernels; (4) insect webbing; (5) sprouting from the kernels; (6) crust on the top layer of the grain; or (7) any other evidence consistent with grain quality.
(b) If obtaining the sample requires the assistance of the warehouseman, that assistance shall be provided within a reasonable time of the request of the secretary or the secretary's authorized representative.
(c) Upon obtaining a sample, the secretary or the authorized representative of the secretary shall make the sample available to the warehouseman for review.
(d) If after examination of the sample or samples a quality problem is still suspected the secretary may:
(1) Order the warehouseman to have all commodities suspected of quality problems sampled and officially graded in a manner sufficient to accurately determine the nature and extent of the problem;
(2) arrange for the sampling and grading of the suspected commodities, if the warehouseman fails to do so within the time ordered by the secretary and assess the costs to the warehouseman; and
(3) order the warehouseman to take immediate management and handling steps in response to the quality problem.
(e) Any failure by a warehouseman to maintain grain quality, comply with any order of the secretary related to quality or to remit funds to cover sampling and grading costs shall be deemed a violation of the provisions of article 2 of chapter 34 of the Kansas Statutes Annotated, and amendments thereto.
(f) The provisions of this section shall be part of and supplemental to article 2 of chapter 34 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2005, ch. 61, § 1; July 1.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 1 - Legal Holidays › 35-107 Legal public holidays designated.

35-107.
Legal public holidays designated.
(a) On and after January 1, 2006, the following days are declared to be legal public holidays and are to be observed as such:
New Year's Day, January 1;
Martin Luther King, Jr. Day, the third Monday in January;
President's Day, the third Monday in February;
Memorial Day, the last Monday in May;
Independence Day, July 4;
Labor Day, the first Monday in September;
Columbus Day, the second Monday in October;
Veterans' Day, the eleventh day in November;
Thanksgiving Day, the fourth Thursday in November;
Christmas Day, December 25.
(b) Any reference in the laws of this state concerning observance of legal holidays shall on and after January 1, 2006, be considered as a reference to the day or days prescribed in subsection (a) for the observance of such legal holiday or holidays.
History:
L. 1969, ch. 218, § 1; L. 1973, ch. 181, § 1; L. 2005, ch. 111, § 1; July 1.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 1 - Legal Holidays › 35-108 Commercial paper, agreements, written instruments and judicial proceedings not affected.

35-108.
Commercial paper, agreements, written instruments and judicial proceedings not affected.
The provisions of this act shall not be construed to affect commercial paper, the making or execution of agreements or instruments in writing or interfere with judicial proceedings.
History:
L. 1969, ch. 218, § 2; January 1, 1971.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 2 - Days Of Commemoration › 35-201 Family day.

35-201.
Family day.
That the Sunday following Thanksgiving Day in November of each year shall be set aside and designated as "Family Day"; and public and private organizations and individuals in this state are urged to take appropriate action on this day to properly recognize and dedicate this Family Day.
History:
L. 1971, ch. 148, § 1; July 1.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 2 - Days Of Commemoration › 35-202 Display of flag on Mother's Day.

35-202.
Display of flag on Mother's Day.
The governor of this state is hereby authorized and requested to issue annually a proclamation calling upon our state officials to display the United States flag on all state and school buildings, and the people of the state to display the flag at their homes, lodges, churches, places of business and other suitable places, on the second Sunday in May, known as Mother's Day.
History:
L. 1923, ch. 253, § 1; June 9; R.S. 1923, 75-115.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 2 - Days Of Commemoration › 35-203 General Pulaski's Memorial Day.

35-203.
General Pulaski's Memorial Day.
The governor of the state of Kansas is authorized and directed to issue a proclamation calling upon officials of the government to display the flag of the United States on all governmental buildings on October eleventh of each year and inviting the people of the state of Kansas to observe the day in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of the death of General Casimir Pulaski.
History:
L. 1935, ch. 276, § 1; May 15.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 2 - Days Of Commemoration › 35-204 Arbor Day; display of flag; observance.

35-204.
Arbor Day; display of flag; observance.
(a) The last Friday in April of each year is hereby designated as Arbor Day in the state of Kansas.
(b) Each year the governor may issue a proclamation calling upon our state officials to display the United States flag on all state and school buildings and inviting the people of the state to observe the day in schools and other suitable places, with appropriate ceremonies.
History:
L. 1941, ch. 356, § 1; L. 2001, ch. 89, § 1; July 1.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 2 - Days Of Commemoration › 35-205 Native American Day; Native American Legislative Day at the Capitol.

35-205. Native American Day; Native American Legislative Day at the Capitol.
(a) The fourth Saturday of September of the present year of our Lord 1945, and the fourth Saturday of September of each year thereafter is hereby designated as "Native American Day."
(b) The first Wednesday of February of 2014, and the first Wednesday of February of each year thereafter is hereby designated as "Native American Legislative Day at the Capitol."
History:
L. 1945, ch. 347, § 1; L. 2013, ch. 79, § 1; April 25.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 2 - Days Of Commemoration › 35-206 Pearl Harbor Remembrance Day.

35-206.
Pearl Harbor Remembrance Day.
December 7 of each year is hereby designated as Pearl Harbor Remembrance Day in the state of Kansas. Officials of the state and political subdivisions of this state are requested to display the flag of the United States on all public buildings on such date and the citizens of this state are requested to observe such date individually and in appropriate ceremonies in special tribute to both those members of the armed forces of the United States who lost their lives and those who survived the attack on Pearl Harbor, Territory of Hawaii, December 7, 1941.
History:
L. 1988, ch. 287, § 1; July 1.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 2 - Days Of Commemoration › 35-207 Dwight D. Eisenhower Day.

35-207.
Dwight D. Eisenhower Day.
October 14 of each year is hereby designated as Dwight D. Eisenhower Day in the state of Kansas. Officials of the state and political subdivisions of this state are requested to display the flag of the United States on all public buildings on such date and the people of this state are invited to observe this day in schools and other suitable places with appropriate ceremonies in special tribute to and in commemoration of the life and legacy of Dwight D. Eisenhower.
History:
L. 1999, ch. 144, § 1; July 1.
2023 Kansas Statutes › Chapter 35 - Holidays And Days Of Commemoration › Article 2 - Days Of Commemoration › 35-208 National day of the cowboy.

35-208. National day of the cowboy.
(a) The fourth Saturday in July of each year is hereby designated as the national day of the cowboy in the state of Kansas.
(b) The governor of this state is hereby authorized and directed to issue annually a proclamation calling upon our state officials to display the United States flag on all state buildings on the Friday immediately preceding the national day of the cowboy each year, declaring the fourth Saturday in July to be the national day of the cowboy and inviting people of the state to observe the day with appropriate ceremonies.
(c) The governor of this state is hereby authorized and directed to display the national day of the cowboy flag on the grounds of the state capitol building on the Friday immediately preceding the national day of the cowboy each year.
(d) The Kansas department of agriculture shall provide education and outreach concerning the national day of the cowboy to the public.
History:
L. 2014, ch. 133, § 14; L. 2018, ch. 3, § 1; March 8.
2023 Kansas Statutes › Chapter 36 - Hotels, Lodginghouses And Restaurants › Article 1 - Licenses, Rules And Regulations › 36-131 Place of assembly defined.

36-131.
Place of assembly defined.
As used in this act, the term "place of assembly" means any public building, resort, hotel, as such term is defined by K.S.A. 36-501, "food service establishment," as such term is defined by K.S.A. 36-501, or other similar place.
History:
L. 1976, ch. 203, § 1; July 1.
2023 Kansas Statutes › Chapter 36 - Hotels, Lodginghouses And Restaurants › Article 1 - Licenses, Rules And Regulations › 36-132 Gas stove connections; approval of state fire marshal.

36-132.
Gas stove connections; approval of state fire marshal.
Within any place of assembly flexible metal gas connectors may be used in connection with natural gas-fired movable cooking equipment, if such flexible metal gas connectors are of a design and construction approved by the state fire marshal for such purposes as provided by K.S.A. 36-133.
History:
L. 1976, ch. 203, § 2; July 1.
2023 Kansas Statutes › Chapter 36 - Hotels, Lodginghouses And Restaurants › Article 1 - Licenses, Rules And Regulations › 36-133 Same; duties of fire marshal.

36-133.
Same; duties of fire marshal.
The state fire marshal is hereby authorized and directed to approve the design and construction for flexible metal gas connectors authorized for use under K.S.A. 36-132.
History:
L. 1976, ch. 203, § 3; July 1.
2023 Kansas Statutes › Chapter 36 - Hotels, Lodginghouses And Restaurants › Article 1 - Licenses, Rules And Regulations › 36-134 Same; penalty.

36-134.
Same; penalty.
Any person, firm or corporation using a flexible metal gas connector in connection with natural gas-fired movable cooking equipment which does not meet the design and construction requirements approved by the state fire marshal pursuant to K.S.A. 36-133 shall be guilty of a class C misdemeanor.
History:
L. 1976, ch. 203, § 4; July 1.
2023 Kansas Statutes › Chapter 36 - Hotels, Lodginghouses And Restaurants › Article 2 - Liens Of Hotel And Lodginghouse Keepers › 36-201 Liens for charges and advances to guests or boarders; apartment defined.

36-201.
Liens for charges and advances to guests or boarders; apartment defined.
That the keeper of any inn, hotel, boardinghouse, apartment house, or rooming house as defined in chapter 204 of the Laws of 1913, and for the operation of which it is necessary for the keeper to obtain a license under the laws of the state of Kansas, shall have a lien on the baggage and other property in and about such inn, hotel, boardinghouse, apartment house, or rooming house brought to the same by or under the control of his guests or boarders, for the proper charges due him from such guests or boarders for the accommodation, board and lodging, and for all money paid for or advanced to them not to exceed the sum of two hundred dollars, and for such other extras as are furnished at the request of such guests. The term "apartments" as herein used shall include only apartments which are rented furnished.
History:
L. 1913, ch. 205, § 1; L. 1923, ch. 149, § 1; June 9; R.S. 1923, 36-201.
2023 Kansas Statutes › Chapter 36 - Hotels, Lodginghouses And Restaurants › Article 2 - Liens Of Hotel And Lodginghouse Keepers › 36-202 Detention of baggage and property; priority of liens.

36-202.
Detention of baggage and property; priority of liens.
That said innkeeper, hotelkeeper, boardinghouse keeper, apartment-house keeper, or rooming-house keeper shall have the right to detain such baggage and other property until the amount of such charges is paid, and such baggage and other property shall be exempt from attachment or execution until such innkeeper, hotelkeeper, boardinghouse keeper, apartment-house keeper, or rooming-house keeper's lien and the cost of satisfying it are paid: Provided, Such lien shall not supersede a valid existing lien of record.
History:
L. 1913, ch. 205, § 2; L. 1923, ch. 149, § 2; June 9; R.S. 1923, 36-202.