reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-698 Duties of consumer to receive comparable new assistive device or refund; duties of manufacturer and assistive device lessor.

50-698.
Duties of consumer to receive comparable new assistive device or refund; duties of manufacturer and assistive device lessor.
(a) To receive a comparable new assistive device or a refund due under subsection (d) of K.S.A. 50-697 and amendments thereto, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable assistive device or refund. When the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.
(b) To receive a refund due under paragraph (3) of subsection (d) of K.S.A. 50-697 and amendments thereto, a consumer described under paragraph (4) of subsection (e) of K.S.A. 50-696 and amendments thereto shall offer to return the assistive device having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the assistive device having the nonconformity.
(c) To receive a refund due under paragraph (3) of subsection (d) of K.S.A. 50-697 and amendments thereto, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
History:
L. 1996, ch. 18, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-699 Enforcement of lease agreement prohibited in certain circumstances; full written disclosure required prior to sale or lease of returned assistive device.

50-699.
Enforcement of lease agreement prohibited in certain circumstances; full written disclosure required prior to sale or lease of returned assistive device.
(a) No person shall enforce the lease against the consumer after the consumer receives a refund due under paragraph (3) of subsection (d) of K.S.A. 50-697 and amendments thereto.
(b) No assistive device returned by a consumer or assistive device lessor in this state, or by a consumer or assistive device lessor in another state under a similar law of that state, may be sold or leased again in this state unless full written disclosure of the reasons for return is made to any prospective buyer or lessee.
History:
L. 1996, ch. 18, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,100 Arbitration of disputes.

50-6,100. Arbitration of disputes.
(a) Each consumer shall have the option of submitting any dispute arising under this act to arbitration. Upon application of the consumer all manufacturers shall submit to such arbitration.
(b) Such arbitration shall be conducted in accordance with the provisions of the uniform arbitration act, K.S.A. 5-423 through 5-453, and amendments thereto. Any agreement to arbitrate entered into under this section shall ensure the personal objectivity of the arbitrators and the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation.
History:
L. 1996, ch. 18, § 5; L. 2018, ch. 90, § 33; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,101 Rights or remedies of consumer not limited; waiver by consumer of rights void; action to recover damages.

50-6,101.
Rights or remedies of consumer not limited; waiver by consumer of rights void; action to recover damages.
(a) This act shall not be construed to limit rights or remedies available to a consumer under any other law.
(b) Any waiver by a consumer of rights under this act is void.
(c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this act. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with cost, disbursements and reasonable attorney fees and any equitable relief that the court determines is appropriate.
History:
L. 1996, ch. 18, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,102 Act part of and supplemental to Kansas consumer protection act; deceptive practices; enforcement by attorney general; other rights and remedies not limited.

50-6,102.
Act part of and supplemental to Kansas consumer protection act; deceptive practices; enforcement by attorney general; other rights and remedies not limited.
(a) This act shall be part of and supplemental to the Kansas consumer protection act.
(b) Any failure to comply with the provisions or requirements, or both, of this act is a deceptive act or practice within the meaning of K.S.A. 50-626 and amendments thereto or an unconscionable act or practice within the meaning of K.S.A. 50-627 and amendments thereto.
(c) The attorney general shall have jurisdiction to enforce this section in the event the consumer elects not to pursue violations of this act through arbitration or private action.
(d) Nothing in this act shall in any way limit or affect the rights or remedies which are otherwise available to a consumer under the uniform consumer credit code, or to any person under the uniform commercial code or to any person under this or any other law, statutory or otherwise.
History:
L. 1996, ch. 18, § 7; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,104 Sale of cigarettes in violation of cigarette and tobacco products act.

50-6,104.
Sale of cigarettes in violation of cigarette and tobacco products act.
A violation of subsection (u), (v) or (w) of K.S.A. 79-3321 or K.S.A. 2005 Supp. 79-3395, and amendments thereto, shall constitute an unlawful trade practice as provided in K.S.A. 50-626, and amendments thereto. In addition to any remedies or penalties set forth in the Kansas cigarette and tobacco products act, any remedy or penalty available for a violation of K.S.A. 50-626, and amendments thereto, also may be imposed for such violation.
History:
L. 2000, ch. 92, § 9; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,105 Method of payment; express authorization required; when.

50-6,105.
Method of payment; express authorization required; when.
(a) No supplier shall obtain or submit for payment, other than for the continuation of existing and recurrent services, services provided by a public utility as defined in K.S.A. 66-104, and amendments thereto, services provided by a wireless carrier as defined in K.S.A. 12-5301, and amendments thereto, or the collection of a preexisting debt, a check, draft or other form of negotiable instrument or payment order drawn on a person's checking, savings, share or similar account without the consumer's express authorization. The supplier obtaining or submitting the check, draft or other form of negotiable instrument or payment order for payment shall have the burden of proving the express authorization by a preponderance of the evidence.
(b) As used in this section, "express authorization" means an express affirmative act by a consumer clearly agreeing to the payment by check, draft or other form of negotiable instrument or payment order drawn on a person's checking, savings, share or similar account.
(c) Nothing in this section shall prohibit a consumer from personally directing the consumer's financial institution to make payment from the consumer's checking, savings, share or similar account via electronic or telephonic means in accordance with procedures set by the consumer's financial institution, nor shall this section affect the right of a consumer to transfer funds from one account to another.
(d) Notwithstanding the provisions of K.S.A. 84-4-402, and amendments thereto, financial institutions may decline to pay any check, draft or other form of negotiable instrument or payment order submitted without proof of the consumer's express authorization.
(e) A violation of subsection (a) is an unconscionable act within the meaning of K.S.A. 50-627, and amendments thereto.
(f) This section shall be part of and supplemental to the Kansas consumer protection act.
History:
L. 2001, ch. 105, § 1; L. 2002, ch. 13, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,108 Gift certificates or gift cards; regulation of; exceptions; definitions.

50-6,108.
Gift certificates or gift cards; regulation of; exceptions; definitions.
(a) On and after January 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or gift card to a purchaser containing an expiration date which is less than five years from the date of purchase.
(b) A gift certificate or gift card sold without an expiration date is valid until redeemed or replaced. A merchant shall not be required to redeem a gift card or gift certificate for cash.
(c) No fees may be charged against the balance of a gift card or gift certificate within 12 months from the date of issuance of the card.
(d) This section shall not apply to any of the following gift certificates or gift cards issued on and after January 1, 2007, provided the expiration date appears on the front of the gift certificate or gift card:
(1) Gift certificates or gift cards that are distributed by the issuer to a consumer without any money or other thing of value being given in exchange for the gift certificate or gift card by the consumer; or
(2) gift certificates or gift cards that are sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fund-raising purposes.
(e) All conditions and limitations shall be disclosed to the purchaser of a gift certificate or gift card at the time of purchase. If such conditions or limitations are not complied with by the purchaser, the issuer shall not be required to, but may, redeem such gift certificate or gift card.
(f) As used in this section:
(1) "Gift card" means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment, which promises to provide to the bearer merchandise of equal value to the remaining balance of the device. "Gift card" does not include a prepaid bank card;
(2) "gift certificate" means a written promise given in exchange for full or discounted payment, or without any money or other thing of value being given in exchange, to provide merchandise in a specified amount or of equal value to the bearer of the certificate. "Gift certificate" does not include a prepaid bank card;
(3) "prepaid bank card" means a general use, prepaid card or other electronic payment device that is issued by a bank or other financial institution in a predenominated amount useable at multiple, unaffiliated merchants or at automated teller machines, or both.
(g) This section shall be part of and supplemental to the Kansas consumer protection act.
History:
L. 2006, ch. 116, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,109 Scrap metal theft reduction act; definitions.

50-6,109. Scrap metal theft reduction act; definitions.
(a) K.S.A. 2023 Supp. 50-6,109 through 50-6,112d, and amendments thereto, shall be known and may be cited as the scrap metal theft reduction act.
(b) As used in the scrap metal theft reduction act:
(1) "Scrap metal dealer" means any individual, firm, company, partnership, association or corporation that operates a business that is engaged in the business of buying, trading or dealing in regulated scrap metal for the purpose of sale for recycling.
(2) (A) "Regulated scrap metal" means any item, in any form, for which the purchase price described in K.S.A. 2023 Supp. 50-6,110 and 50-6,111, and amendments thereto, was primarily based on the content of:
(i) Aluminum, except that aluminum shall not include food or beverage containers;
(ii) copper;
(iii) brass;
(iv) bronze;
(v) stainless steel;
(vi) zinc;
(vii) titanium;
(viii) tungsten;
(ix) nickel;
(x) platinum;
(xi) palladium;
(xii) rhodium;
(xiii) magnesium;
(xiv) lead;
(xv) any other nonferrous metal; or
(xvi) any combination of nonferrous metals listed in this subparagraph.
(B) "Regulated scrap metal" includes catalytic converters.
(3) "Bales of regulated metal" means regulated scrap metal property processed with professional recycling equipment by compression, shearing or shredding, to a form in which it may be sold by a scrap metal dealer consistent with industry standards.
(4) "Junk vehicle" means a vehicle as defined in K.S.A. 8-126, and amendments thereto, not requiring a title as provided in chapter 8 of the Kansas Statutes Annotated, and amendments thereto, an aircraft or a boat which is being sold for scrap value.
(5) "Nonferrous metal" means a metal that does not contain iron or steel.
(6) "Vehicle part" means:
(A) The front clip consisting of the two front fenders, hood, grill and front bumper of an automobile assembled as one unit; or
(B) the rear clip consisting of those body parts behind the rear edge of the back doors, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit.
(7) "Person" means any individual, scrap metal dealer, manager or employee, owner, operator, corporation, partnership or association.
(8) "Attorney general" means the attorney general of the state of Kansas or the attorney general's designee.
(9) "Catalytic converters" means a device installed in the exhaust system of a motor vehicle that uses a catalyst to convert pollutant gases into less harmful gases.
History:
L. 2007, ch. 128, § 1; L. 2008, ch. 82, § 2; L. 2009, ch. 88, § 2; L. 2011, ch. 86, § 5; L. 2015, ch. 96, § 12; L. 2023, ch. 31, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,109c Violations, civil penalty; appeal.

50-6,109c. Violations, civil penalty; appeal.
(a) Any scrap metal dealer who violates any of the provisions of the scrap metal theft reduction act, in addition to any other penalty provided by law, may incur a civil penalty imposed pursuant to subsection (b) in an amount not less than $100 nor more than $5,000 for each violation.
(b) The attorney general, upon a finding that a scrap metal dealer or any employee or agent thereof or any person or entity required to be registered as a scrap metal dealer has violated any of the provisions of the scrap metal theft reduction act may impose a civil penalty as provided in this subsection upon such scrap metal dealer.
(c) A civil penalty shall not be imposed pursuant to this section except upon the written order of the attorney general to the scrap metal dealer who is responsible for the violation. Such order is a final order for purposes of judicial review and shall state the violation, the penalty to be imposed and the right of such dealer to appeal as provided in the Kansas judicial review act.
History:
L. 2015, ch. 96, § 3; L. 2017, ch. 76, § 5; L. 2018, ch. 79, § 4; L. 2019, ch. 66, § 3; L. 2019, ch. 66, § 4; July 1, 2020.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,109d Civil action by attorney general; penalty.

50-6,109d. Civil action by attorney general; penalty.
(a) The attorney general may bring a civil action to:
(1) Obtain a declaratory judgment that an act or practice violates the scrap metal theft reduction act;
(2) enjoin, or to obtain a restraining order against any person who has violated, is violating, or is otherwise likely to violate the scrap metal theft reduction act;
(3) recover reasonable expenses and investigation fees; or
(4) impose any civil penalty authorized by the scrap metal theft reduction act.
(b) In lieu of investigating or continuing an action or proceeding, the attorney general may accept a consent judgment with respect to any act or practice declared to be a violation of the scrap metal theft reduction act. Before any consent judgment entered into pursuant to this section shall be effective, it must be approved by the district court and an entry made thereof in the manner required for making an entry of judgment. Once such approval is received, any breach of the conditions of such consent judgment shall be treated as a violation of a court order, and shall be subject to all the penalties provided by law.
(c) In any action brought by the attorney general, the court may, without requiring bond of the attorney general:
(1) Make such orders or judgments as may be necessary to prevent the use or employment by a person of any practice declared to be a violation of the scrap metal theft reduction act;
(2) issue a temporary restraining order or enjoin any person from violating the scrap metal theft reduction act;
(3) award reasonable expenses and investigation fees, civil penalties and costs; and
(4) grant other appropriate relief.
(d) The commission of any act or practice declared to be a violation of the scrap metal theft reduction act shall render the violator liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in a sum of not more than $5,000 for each violation.
(e) Any person who willfully violates the terms of any court order issued pursuant to the scrap metal theft reduction act shall forfeit and pay a civil penalty of not more than $10,000 per violation, in addition to other penalties that may be imposed by the court, as the court shall deem necessary and proper. For the purposes of this section, the district court issuing an order shall retain jurisdiction, and in such cases, the attorney general, acting in the name of the state may petition for recovery of civil penalties.
(f) Any act or practice declared to be a violation of the scrap metal theft reduction act which is continuing in nature shall be deemed a separate violation each day such act or practice exists.
(g) This section shall take effect on and after January 1, 2016.
History:
L. 2015, ch. 96, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,109e Engaging in business, jurisdiction; administrative or civil action, venue.

50-6,109e. Engaging in business, jurisdiction; administrative or civil action, venue.
(a) Any person, whether or not a resident or citizen of this state, who in person or through an agent or an instrumentality, engages in business as a scrap metal dealer as defined in the scrap metal theft reduction act, thereby submits the person to the jurisdiction of the courts of this state as to any cause of action arising from such business.
(b) Every administrative or civil action pursuant to the scrap metal theft reduction act shall be brought in the district court of Shawnee county or in any other district where venue is otherwise authorized by law.
History:
L. 2015, ch. 96, § 5; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,109f Regulation by municipality, limitations.

50-6,109f. Regulation by municipality, limitations.
(a) A municipality shall not enact or enforce any ordinance, resolution or regulation relating to the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act.
(b) Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2015, shall be null and void.
(c) No action shall be commenced or prosecuted against any individual for a violation of any ordinance, resolution or regulation that is prohibited by subsection (a) and which was adopted prior to July 1, 2015, if such violation occurred on or after July 1, 2014.
(d) As used in this section, "municipality" has the same meaning as defined in K.S.A. 75-6102, and amendments thereto.
History:
L. 2015, ch. 96, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,112c Suspension or revocation of registration; appeal.

50-6,112c. Suspension or revocation of registration; appeal.
(a) The attorney general, upon five days notice to the persons holding a registration, may suspend the scrap metal dealer's registration for up to 30 days for any one of the following reasons:
(1) The registrant has been found to have violated any of the provisions of the scrap metal theft reduction act, or any similar ordinance, resolution or rules or regulations;
(2) the employment or continuation in employment of a person if the registered scrap metal dealer knows such person has, within the 24 months prior to the notice of suspension or revocation action, been found to have violated any of the provisions of the scrap metal theft reduction act, or the laws of another state comparable to such provisions, or any city or county ordinance or resolution, or regulation controlling scrap metal sale or purchase in Kansas or any other state; or
(3) permitting any criminal activity under the Kansas criminal code, or similar ordinance, resolution or rules or regulations made by the board or city, as the case may be, in or upon the registrant's place of business.
(b) The attorney general may revoke the registration of a scrap metal dealer who has had its registration suspended three or more times within a 24-month period.
(c) The attorney general, upon five days' notice to the person holding the registration, shall revoke or suspend the registration for any one of the following reasons:
(1) The registrant has fraudulently registered by knowingly giving materially false information on the registration form;
(2) the registrant has become ineligible to obtain a registration under the scrap metal theft reduction act;
(3) the nonpayment of any registration fees after receiving written notice that such registration fees are more than 30 days past due; or
(4) the nonpayment of any civil penalty after receiving written notice that such penalty is more than 30 days past due.
(d) Any action brought under this section shall be brought individually against a single registrant's place of business and not against any other place of business registered by the same individual, company or business entity.
(e) Any person aggrieved by the decision of the attorney general to suspend or revoke a registration under this section may appeal such decision in accordance with rules and regulations promulgated by the attorney general to implement the scrap metal theft reduction act.
History:
L. 2011, ch. 86, § 3; L. 2015, ch. 96, § 17; January 1, 2016.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,112d Expiration of act.

50-6,112d. Expiration of act.
The provisions of the scrap metal theft reduction act shall expire on July 1, 2028.
History:
L. 2019, ch. 66, § 13; L. 2023, ch. 31, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,113 Pest inspections relating to real estate transactions; certification required; deceptive act.

50-6,113.
Pest inspections relating to real estate transactions; certification required; deceptive act.
(a) Any person performing inspections for evidence of wood destroying insects, at the request of a buyer, seller, real estate broker, real estate salesperson, relocation company or financial institution, in connection with a real estate transaction or a loan secured by an interest in real estate shall hold, at the time of inspection, a valid certification, issued pursuant to the Kansas pesticide law, which authorizes the person to use or supervise the use of restricted use pesticides in the control of wood destroying insects.
(b) Any person who performs an inspection specified in subsection (a) and who fails to comply with the requirements of subsection (a), shall be guilty of a deceptive act or practice in violation of K.S.A. 50-626, and amendments thereto.
(c) The provisions of this section shall not apply to any employee of the Kansas department of agriculture who performs an inspection for evidence of wood destroying insects as a part of such employee's duties pursuant to the Kansas pesticide law.
(d) This section shall be a part of and supplemental to the Kansas consumer protection act.
History:
L. 2007, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,114 Vehicle protection products; definitions; not insurance.

50-6,114.
Vehicle protection products; definitions; not insurance.
(a) As used in this section:
(1) "Vehicle protection product" means a vehicle protection device, system or service that is:
(A) Installed on or applied to a vehicle;
(B) is designed to prevent loss or damage to a vehicle from a specific cause; and
(C) includes a written warranty.
For purposes of this section, the term vehicle protection product shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches and electronic, radio and satellite tracking devices;
(2) "vehicle protection product warranty" or "warranty" means a written agreement by a warrantor that provides if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, that the warrantor will pay to or on behalf of the warranty holder specified incidental costs as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty;
(3) "incidental costs" means expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees and mechanical inspection fees; and
(4) "warrantor" means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. Warrantor does not include an authorized insurer providing a warranty reimbursement insurance policy.
(b) Vehicle protection products are not required to comply with and are not subject to any provisions of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.
(c) The adoption of this section does not imply that a vehicle protection product warranty was insurance prior to July 1, 2008.
History:
L. 2008, ch. 79, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,115 Incidental costs; conditions.

50-6,115.
Incidental costs; conditions.
(a) Incidental costs may be reimbursed under the provisions of the vehicle protection product warranty in either a fixed amount specified in the warranty or sales agreement or by the use of a formula itemizing specific incidental costs incurred by the vehicle protection product warranty holder.
(b) A vehicle protection product seller or warrantor may not require as a condition of financing that a retail purchaser of a motor vehicle purchase a vehicle protection product.
(c) The failure of any person to comply with this section prior to July 1, 2008, shall not be admissible in any court proceeding, administrative proceeding, arbitration or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper.
History:
L. 2008, ch. 79, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,116 Truth in musical performance advertising Citation of act; Supplemental to Kansas consumer protection act.

50-6,116.
Truth in musical performance advertising Citation of act; Supplemental to Kansas consumer protection act.
K.S.A. 2023 Supp. 50-6,116 through 50-6,120, and amendments thereto, shall be known and may be cited as the truth in musical performance advertising act. K.S.A. 2023 Supp. 50-6,116 through 50-6,120, and amendments thereto, shall be part of and supplemental to the Kansas consumer protection act.
History:
L. 2010, ch. 129, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,117 Definitions.

50-6,117.
Definitions.
The following words and phrases when used in the truth in musical performance advertising act, shall have the meanings given to them in this section unless the context clearly indicates otherwise:
(a) "Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.
(b) "Recording group" means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(c) "Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disk, tape or other phono-record, in which the sounds are embodied.
History:
L. 2010, ch. 129, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,118 Unlawful advertising of a live musical performance; exceptions.

50-6,118.
Unlawful advertising of a live musical performance; exceptions.
It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group. This section does not apply if any of the following apply:
(a) The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States patent and trademark office.
(b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute.
(d) The advertising does not relate to a live musical performance or production taking place in this state.
(e) The performance or production is expressly authorized by the recording group.
(f) The newspaper, magazine, news wire service, television station or radio station which advertises or promotes the live musical performance or production and is not aware that such performance or production is using a false, deceptive or misleading affiliation, connection or association with another group.
History:
L. 2010, ch. 129, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,119 Civil penalty.

50-6,119.
Civil penalty.
(a) Whenever the attorney general or a county or district attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of K.S.A. 2023 Supp. 50-6,118, and amendments thereto, and that proceedings would be in the public interest, the attorney general or county or district attorney may bring an action against the person to restrain by temporary or permanent injunction that practice.
(b) Whenever any court issues a permanent injunction to restrain and prevent violations of the truth in musical performance advertising act as authorized in subsection (a), the court may direct that the defendant restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any violation of the truth in musical performance advertising act, under terms and conditions to be established by the court.
(c) Any person who violates the truth in musical performance advertising act shall be liable for a civil penalty as provided in subsection (a) of K.S.A. 50-636, and amendments thereto, which civil penalty shall be in addition to any other relief which may be granted. Each performance or production declared unlawful shall constitute a separate violation.
History:
L. 2010, ch. 129, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,120 Affirmative defense.

50-6,120.
Affirmative defense.
It shall be an affirmative defense to a violation of the truth in musical performance advertising act if the person described in K.S.A. 2023 Supp. 50-6,118, and amendments thereto, has a written contract with the performing or recording group, that states that:
(a) The performing group is an authorized registrant pursuant to subsection (a) of K.S.A. 2023 Supp. 50-6,118, and amendments thereto; or
(b) at least one member of the performing group was a member of the recording group pursuant to subsection (b) of K.S.A. 2023 Supp. 50-6,118, and amendments thereto.
History:
L. 2010, ch. 129, § 5; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,121 Citation of act.

50-6,121. Citation of act.
K.S.A. 2023 Supp. 50-6,121 through 50-6,138, and amendments thereto, shall be known and may be cited as the Kansas roofing registration act.
History:
L. 2013, ch. 115, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,123 Registration certificate required; penalties.

50-6,123. Registration certificate required; penalties.
(a) (1) No person shall engage in the business of or act in the capacity of a roofing contractor within this state without having a valid registration certificate as required by this act.
(2) No person may bring or maintain any claim, action, suit, or proceeding in any court of this state related to such person's business or capacity as a roofing contractor without having a valid registration certificate as required by this act.
(b) (1) Any person who fails to obtain a valid registration certificate prior to acting as a roofing contractor as defined in this act, shall be liable for a civil penalty as provided in subsection (a) of K.S.A. 50-636, and amendments thereto, which civil penalty shall be in addition to any other relief which may be granted or other penalty prescribed by law. The grant of powers to the attorney general in this act does not affect remedies available to consumers under other principles of law or equity.
(2) Any person who acts as a roofing contractor while such person's registration certificate as a roofing contractor is suspended or revoked shall be liable for a civil penalty as provided in subsection (a) of K.S.A. 50-636, and amendments thereto, which civil penalty shall be in addition to any other relief which may be granted or other penalty prescribed by law.
History:
L. 2013, ch. 115, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,124 Administration of act; rules and regulations.

50-6,124. Administration of act; rules and regulations.
(a) Subject to appropriations for this act, the attorney general is authorized to administer and implement the provisions of this act. The attorney general may administer and implement any provision of this act through use of the internet or other technology as deemed necessary or appropriate.
(b) The attorney general may create any forms necessary for the administration of this act.
(c) In accordance with the rules and regulations filing act, the attorney general is hereby authorized to adopt rules and regulations necessary to implement the provisions of this act. Such rules and regulations may include, but are not limited to, provisions concerning:
(1) Fees necessary to fund the expenses and operating costs incurred in the administration and enforcement of the provisions of this act.
(2) The acquisition of insurance, indemnity coverage or surety bonds in amounts determined by the attorney general.
(3) Any other matter deemed necessary by the attorney general to carry out, implement and enforce the provisions of this act.
History:
L. 2013, ch. 115, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,126 Criminal history record inquiry.

50-6,126. Criminal history record inquiry.
(a) There shall be a question on all application and renewal forms requiring the applicant to answer under oath whether or not the applicant has been convicted of a felony offense in this state, another state, or any other place, and the nature of that offense upon which a conviction was imposed.
(b) Conviction of an offense shall not disqualify a person from registration as a roofing contractor under this act, provided the applicant has truthfully disclosed the conviction and nature of the offense.
(c) When deemed appropriate, the attorney general may conduct a criminal history records search or background check on any applicant or registered roofing contractor and may investigate the information submitted on a roofing contractor application or renewal form, provided no adverse action may be taken against the person until the person has been notified and given an opportunity to respond in writing.
History:
L. 2013, ch. 115, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,127 Duties of roofing contractor.

50-6,127. Duties of roofing contractor.
The holder of a roofing contractor registration certificate may engage in the roofing business within this state pursuant to the provisions of this act, and subject to the following limitations:
(a) A roofing contractor's registration certificate number shall be valid and in good standing at the time of soliciting a project and during subsequent job performance;
(b) a roofing contractor's registration certificate number shall be submitted when applying for any permit issued by the state, or any of its political subdivisions, for commercial or residential roofing services or projects, if a permit is required by such authority, and shall be written upon each permit issued;
(c) a roofing contractor's registration certificate cannot be shared or used by any other individual or business entity, except that a business firm, partnership, association, corporation, limited liability company or other group or combination thereof acting as a unit may be granted a single roofing registration certificate number for use by designated roofing contractors acting as agents for the business entity when the application for registration certificate contained sufficient information on each member, partner, officer and agent, and the attorney general issued a single certificate number to such persons as a business unit;
(d) upon any change to the name, address, business entity or resident agent of a roofing contractor or upon adjudication by a court of competent jurisdiction for a violation of this act or an act or omission specified in subsection (a) of K.S.A. 2023 Supp. 50-6,133, and amendments thereto, the attorney general shall be notified in writing;
(e) a roofing contractor shall comply with all state laws and local ordinances; and
(f) a roofing contractor must pay taxes due in this state.
History:
L. 2013, ch. 115, § 7; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,128 Fees; roofing contractor registration fund.

50-6,128. Fees; roofing contractor registration fund.
(a) At the time of making application for a roofing contractor registration certificate pursuant to this act, the applicant shall pay to the attorney general a fee to be set by the attorney general, which shall not exceed $500 for the annual registration certificate.
(b) There is hereby established in the state treasury the roofing contractor registration fund to be administered by the attorney general. All moneys received by the attorney general from fees, charges or penalties shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, who shall deposit the entire amount thereof in the state treasury to the credit of the roofing contractor registration fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the attorney general and the director of accounts and reports issued pursuant to vouchers approved by the attorney general or the attorney general's designee. All moneys credited to the roofing contractor registration fee fund shall be expended for the administration of the duties, functions and operating expenses of the roofing contractor registration act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the roofing contractor registration fee fund established in subsection (a) interest earnings based on:
(1) The average daily balance of money in the roofing contractor registration fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment fund portfolio for the preceding month.
(d) The fee to be submitted with an application for a roofing contractor registration certificate may be prorated as set by the attorney general. Unless prorated at the time of initial registration, fees shall be paid in full at the time an application for a registration certificate is filed and such registration certificate shall expire on June 30 of each year.
(e) An annual renewal fee for renewal of a roofing contractor registration certificate shall be set by the attorney general. Such renewal fee shall not exceed $500.
History:
L. 2013, ch. 115, § 8; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,129 Exemptions.

50-6,129. Exemptions.
(a) The roofing contractor registration act shall not apply to:
(1) An actual owner of commercial, residential or farm property who physically performs, or has employees who perform, roofing services including, construction, installation, renovation, repair, maintenance, alteration, waterproofing or removal of materials or structures on such owner's own dwelling or another structure located on the residential or farm property owned by such person without the assistance of any registered roofing contractor;
(2) any authorized employee, representative or representatives of the United States government, the state of Kansas, or any county, municipality, or other political subdivision of this state;
(3) any person who furnishes any fabricated or finished product, material, or article of merchandise which is not incorporated into or attached to real property by such person so as to become affixed thereto;
(4) any person employed by a manufactured home and modular home manufacturer while performing services and work for the manufactured home and modular home manufacturer;
(5) any person registered as a home inspector pursuant to K.S.A. 58-4501 et seq., and amendments thereto, while performing functions pursuant to that act;
(6) any person employed by a manufactured home dealer while acting within the scope of that license;
(7) any person employed as a manufactured home installer while acting within the scope of that license; and
(8) any person who engages in providing roofing services that on each and every undertaking or project during any fiscal year bear an aggregate price, including labor, materials and all other items, that is quoted, bid, offered, agreed, contracted, billed, collected and paid at less than $2,000. This exemption does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that the person is a roofing contractor or that the person is qualified to engage in the business of a roofing contractor.
(b) Any administrative or governing body with authority to enter into public contracts shall require individual roofing contractor registration for purposes of such persons submitting or entering into any bid or contract.
History:
L. 2013, ch. 115, § 9; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,130 Application for registration, time limit for processing.

50-6,130. Application for registration, time limit for processing.
Within 60 calendar days from the date of application, the attorney general shall either issue or deny the roofing contractor registration certificate. No registration certificate shall be issued to an applicant until the attorney general receives all documentation and fees necessary to obtain a registration certificate. The registration certificate issued on an original application entitles the person to act as a roofing contractor within this state, subject to the limitations of this act, until the expiration of the then current fiscal year ending June 30, except that an initial registration certificate issued in May or June is valid until June 30 of the subsequent year.
History:
L. 2013, ch. 115, § 10; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-6,131 Notification of attorney general required, when; fees.

50-6,131. Notification of attorney general required, when; fees.
Not later than 10 days after the date of a change in a roofing contractor's name, address or legal service agent, or upon a registered roofing contractor's ceasing business as a roofing contractor, the person shall notify the attorney general of the change on a form provided by the attorney general. A change of name or address shall be accompanied by a fee set by the attorney general not to exceed $25. No person shall change such person's name under an active registration certificate if the change is associated with a change in the legal status of the business entity other than a change in marital status. Doing business under a new business name or a change in legal status of a business requires issuance of a new registration certificate. When a registered roofing contractor ceases to be active as a roofing contractor, the contractor shall notify the attorney general within 10 days and the attorney general shall suspend the registration certificate of such contractor as soon as practical after receiving the notification.
History:
L. 2013, ch. 115, § 11; July 1.