reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 44 - Prevention Of Assisted Suicide › 60-4402 Definitions.

60-4402. Definitions.
As used in K.S.A. 21-5407, K.S.A. 60-4401 through 60-4407, 65-1120, 65-1436, 65-1627i, 65-2006 and 65-2836, and amendments thereto:
(a) "Licensed health care professional" means a person licensed to practice medicine and surgery, licensed podiatrist, licensed physician assistant, licensed nurse, dentist or licensed pharmacist.
(b) "Suicide" means the act or instance of taking one's own life voluntarily and intentionally.
History:
L. 1998, ch. 142, § 2; L. 2000, ch. 162, § 16; L. 2011, ch. 30, § 228; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 44 - Prevention Of Assisted Suicide › 60-4403 Standard of conduct of licensed health care professional related to assisting suicide; family member conduct; spiritual treatment.

60-4403. Standard of conduct of licensed health care professional related to assisting suicide; family member conduct; spiritual treatment.
(a) A licensed health care professional who administers, prescribes or dispenses medications or procedures to relieve another person's pain or discomfort does not violate K.S.A. 21-5407, and amendments thereto, unless the medications or procedures are knowingly administered, prescribed or dispensed with the intent to cause death. A mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto, who prescribes medications or procedures to relieve another person's pain or discomfort does not violate K.S.A. 21-5407, and amendments thereto, unless the medications or procedures are knowingly prescribed with the intent to cause death.
(b) A licensed health care professional, family member or other legally authorized person who participates in the act of, or the decision making process which results in the withholding or withdrawal of a life-sustaining procedure does not violate K.S.A. 21-5407, and amendments thereto.
(c) Providing spiritual treatment through prayer alone, in lieu of medical treatment, does not violate K.S.A. 21-5407, and amendments thereto.
History:
L. 1998, ch. 142, § 4; L. 1999, ch. 115, § 7; L. 2006, ch. 110, § 4; L. 2007, ch. 177, § 29; L. 2011, ch. 30, § 229; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 44 - Prevention Of Assisted Suicide › 60-4404 Cause of action for injunctive relief against person about to violate assisting suicide law.

60-4404. Cause of action for injunctive relief against person about to violate assisting suicide law.
(a) A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating K.S.A. 21-5407, and amendments thereto, by any person who is:
(1) The spouse, parent, child or sibling of the person who would commit suicide.
(2) Entitled to inherit from the person who would commit suicide.
(3) A health care provider of the person who would commit suicide.
(4) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state.
History:
L. 1998, ch. 142, § 5; L. 2011, ch. 30, § 230; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 44 - Prevention Of Assisted Suicide › 60-4405 Cause of action for civil damages against person violating assisting suicide law.

60-4405. Cause of action for civil damages against person violating assisting suicide law.
A cause of action for civil damages may be maintained against any person who violates or who attempts to violate K.S.A. 21-5407, and amendments thereto, by any person who is the spouse, parent, child, sibling, or entitled to inherit from the person or who is the personal representative of the person who did or would commit suicide for compensatory damages and exemplary damages, whether or not the plaintiff consented to or had prior knowledge of the violation or attempt.
History:
L. 1998, ch. 142, § 6; L. 2011, ch. 30, § 231; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 44 - Prevention Of Assisted Suicide › 60-4406 Injunctive relief or civil action; attorney fees awarded.

60-4406.
Injunctive relief or civil action; attorney fees awarded.
Reasonable attorney fees shall be awarded to the prevailing plaintiff in a civil action brought pursuant to K.S.A. 60-4404 or 60-4405 and amendments thereto, or in a proceeding for a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404 and amendments thereto. If the defendant prevails, and the court determines that a plaintiff brought the suit or the proceeding for a judgment of contempt frivolously or in bad faith, reasonable attorney fees shall be awarded to the defendant.
History:
L. 1998, ch. 142, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 44 - Prevention Of Assisted Suicide › 60-4407 Severability clause.

60-4407.
Severability clause.
If any one or more provision, section, subsection, sentence, clause, phrase or word of this act [*] or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act [*] shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed this act [*], and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.
History:
L. 1998, ch. 142, § 14; July 1.
* This act, see the table of sections in Constitutions volume (L. 1998, ch. 142).
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 45 - Authority To Bring Certain Civil Actions Against Firearms Or Ammunition Manufacturers › 60-4501 Authority to bring certain civil actions against firearms or ammunition manufacturers reserved to state; exception for breach of contract or warranty.

60-4501.
Authority to bring certain civil actions against firearms or ammunition manufacturers reserved to state; exception for breach of contract or warranty.
(a) The authority to bring civil suit and right to recover against any firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer, by or on behalf of the state or any political subdivision of the state, for damages, abatement of nuisance or injunctive relief arising from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.
(b) Nothing in this act shall prohibit a political subdivision from bringing an action against a firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer for breach of contract, for breach of implied or express warranty or for damages caused to the employees or agents of such political subdivision by defects in firearms or ammunition purchased or used by such political subdivision.
(c) The provisions of this act shall apply to any action brought on or after January 24, 2001.
History:
L. 2002, ch. 76, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 46 - Immunity From Liability For Owners Of Anhydrous Ammonia › 60-4601 Immunity from liability for owners of anhydrous ammonia.

60-4601.
Immunity from liability for owners of anhydrous ammonia.
As used in this act:
(a) (1) "Owner" means:
(A) Any person who lawfully owns anhydrous ammonia;
(B) any person who lawfully owns a container, equipment or storage facility containing anhydrous ammonia;
(C) any person responsible for the installation or operation of such containers, equipment or storage facilities;
(D) any person lawfully selling anhydrous ammonia;
(E) any person lawfully purchasing anhydrous ammonia for agricultural purposes; or
(F) any person who operates or uses anhydrous ammonia containers, equipment or storage facilities when lawfully applying anhydrous ammonia for agricultural purposes.
(2) "Tamperer" means a person who commits or assists in the commission of tampering.
(3) "Tampering" means illegally transferring or attempting to transfer anhydrous ammonia from its present container, equipment or storage facility to another container, equipment or storage facility.
(b) A tamperer assumes the risk of any personal injury, death and other economic and noneconomic loss to such tamperer arising from such tamperer's participation in the act of tampering. Owners are immune from suit by a tamperer based on the tamperer's actions.
(c) Owners shall not be held liable or subject to a law suit for any negligent act or omission which may cause personal injury, death or other economic or noneconomic loss to any third party based on the tamperer's actions. The provisions of this subsection shall expire on July 1, 2016.
(d) The immunity from liability and suit authorized by this section is expressly waived for owners whose acts or omissions constitute willful, wanton, reckless or intentional conduct.
History:
L. 2002, ch. 144, § 1; L. 2006, ch. 102, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4701 Definitions.

60-4701.
Definitions.
As used in this act:
(a) "Action" means any civil action or arbitration proceeding between a claimant and a contractor for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the construction or a remodel of a dwelling.
(b) "Association" means a non-profit homeowners organization as defined in K.S.A. 60-3611, and amendments thereto.
(c) "Claimant" means a homeowner, including a subsequent purchaser, or association who asserts a claim against a contractor concerning a defect in the construction or in the remodel of a dwelling.
(d) "Construction defect" or "defect" means a deficiency in, or a deficiency arising out of the specifications, planning, supervision or construction of residential improvements that results from any of the following:
(1) Defective material, products or components used in the construction of residential improvements.
(2) Violation of the applicable codes in effect at the time of construction of residential improvements.
(3) Failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction.
(e) "Contractor" means any person, firm, partnership, corporation, association or other organization that is engaged in the business of constructing dwellings.
(f) "Dwelling" means a single-family house, duplex or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction. For the purposes of this act "dwelling" does not mean manufactured home as defined in K.S.A. 58-4202, and amendments thereto.
(g) "Serve" or "service" means personal service or delivery by certified mail, return receipt requested, to the last known address of the addressee.
(h) "Subcontractor" means a contractor who performs work on behalf of a contractor in the construction of a dwelling.
History:
L. 2003, ch. 74, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4702 Filing of action; notice requirements.

60-4702.
Filing of action; notice requirements.
(a) If a claimant files an action against a contractor without service of notice under this act, the action shall be dismissed without prejudice upon motion of the contractor filed within 60 days of service of process. An action against a contractor cannot be refiled until the parties have complied with the provisions of this act. A dismissal pursuant to this subsection shall not count as a dismissal for purposes of subsection (a)(1) of K.S.A. 60-241, and amendments thereto.
(b) If the statute of limitations would expire during the time period necessary to allow the parties to comply with the provisions of this act, the statute of limitations shall be tolled if the claimant gives notice of the claim to the contractor within 90 days of entry of the order of dismissal of the action without prejudice pursuant to subsection (a).
(c) If the statute of limitations would expire during the time period necessary to allow the parties to comply with the provisions of this act, the claimant's notice of claim shall serve to toll the statute of limitations for 180 days after the latest of the following three dates: (1) The date the claimant personally serves or mails the notice of claim; (2) the date agreed upon for the contractor to make payment under subsection (c)(3) or (g)(2) of K.S.A. 60-4704, and amendments thereto; or (3) the date agreed upon for the contractor to completely remedy the construction defect under subsection (c)(2) or (g)(1) of K.S.A. 60-4704, and amendments thereto.
(d) Nothing in this section shall be interpreted to shorten the statute of limitations under K.S.A. 60-501 et seq., and amendments thereto, otherwise applicable to a claimant's action against a contractor.
History:
L. 2003, ch. 74, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4703 Application of act.

60-4703.
Application of act.
(a) Nothing in this act shall apply to actions arising out of claims for personal injury or death or where the defect or damage to the dwelling is so substantial that it is not habitable.
(b) This act shall not supersede express warranty, implied warranty or other provisions of a contract between the contractor and the claimant.
History:
L. 2003, ch. 74, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4705 Notice of construction defect to insurer.

60-4705.
Notice of construction defect to insurer.
(a) A contractor who receives a notice of a construction defect pursuant to this act, may present the notice to an insurer who issued a policy of insurance covering all or part of the conduct or business of the contractor or subcontractor.
(b) Such notice provided to an insurer:
(1) Constitutes the making of a claim under the policy; and
(2) requires the contractor, subcontractor and the insurer to perform any obligations or duties required by the policy upon the making of a claim.
History:
L. 2003, ch. 74, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4706 Notice to potential claimant of contractor's right to offer repair; form.

60-4706.
Notice to potential claimant of contractor's right to offer repair; form.
(a) Upon entering into a contract for construction or remodel of a dwelling, the contractor shall provide notice to the potential claimant of the contractor's right to offer to repair construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of the underlying contract.
(b) Such notice shall be in substantially the following form: Kansas law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your home. Ninety days before you file your lawsuit, you must deliver to the contractor a written notice of any construction conditions you allege are defective and provide your contractor the opportunity to make an offer to repair or pay for the defects. You are not obligated to accept any offer made by the contractor. There are strict deadlines and procedures under state law, and failure to follow them may affect your ability to file a lawsuit.
History:
L. 2003, ch. 74, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4707 Notice to purchaser of subcontractors.

60-4707.
Notice to purchaser of subcontractors.
Each contractor who constructs a new residential dwelling shall, within 30 days after the close of the sale, provide in writing to the initial purchaser of the residence:
(a) The name, license number if applicable, business address and telephone number of each subcontractor who performed any work related to the construction of the dwelling; and
(b) a brief description of the work performed by each subcontractor identified pursuant to this section.
History:
L. 2003, ch. 74, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4708 Association actions; property manager actions; unlawful acts.

60-4708.
Association actions; property manager actions; unlawful acts.
(a) A person shall not provide or offer to provide anything of monetary value to a property manager of an association or to a member or officer of an executive board of an association to induce the property manager, member or officer to encourage or discourage the association to file a claim for damages arising from a construction defect.
(b) A property manager shall not accept anything of value given in exchange for encouraging or discouraging the association that such property manager manages to file a claim for damages arising from a construction defect.
(c) A member or officer of an executive board of an association shall not accept anything of value given in exchange for encouraging or discouraging the association of which such person is a member or officer of the executive board to file a claim for damages arising from a construction defect.
(d) A person who willfully violates this section shall be guilty of a class C nonperson misdemeanor.
History:
L. 2003, ch. 74, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4709 Association action for construction defects in common-interest community; majority vote.

60-4709.
Association action for construction defects in common-interest community; majority vote.
(a) An association may bring an action to recover damages resulting from construction defects in any of the units, common elements or limited common elements of the common-interest community only:
(1) Upon a vote of the units' owners to which at least a majority of the votes of the members of the association are allocated; and
(2) upon a vote of the executive board of the association.
(b) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element or limited common element caused by a construction defect unless:
(1) The person performing the tests is someone in the business of performing such tests and analysis;
(2) the person performing the tests has provided a written schedule for repairs;
(3) the person performing the tests is required to repair all damage resulting from such tests in accordance with state laws and local ordinances and codes relating thereto; and
(4) the association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests.
(c) An association may commence an action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of an action is to be considered or action is to be taken within 21 calendar days before the meeting.
(d) In the absence of a contractual provision to the contrary, the executive board of an association, without giving notice to the units' owner's, may employ a contractor and such other persons as are necessary to make such repairs to a unit or common element within the common-interest community as are required to protect the health, safety and welfare of the units' owners.
History:
L. 2003, ch. 74, § 9; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 47 - Construction Defects › 60-4710 Severability clause.

60-4710.
Severability clause.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this 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. 2003, ch. 74, § 10; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 48 - Immunity From Liability For Claims Of Obesity › 60-4802 Severability clause.

60-4802.
Severability clause.
The provisions of this act are severable. If any portion of this act is declared unconstitutional or the application of any part of this act to any person or circumstance is held invalid, the remaining portions of the act and their applicability to any person or circumstance shall remain valid and enforceable.
History: L. 2005, ch. 137, § 2; April 21.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4904 Same; preclusion of claims, when.

60-4904.
Same; preclusion of claims, when.
(a) Notwithstanding any other provision of the Kansas Statutes Annotated, and amendments thereto, for any claim based upon a nonmalignant condition resulting from silica or asbestos that is not barred as of the effective date of this act, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that such person has a physical impairment due to a nonmalignant condition resulting from silica or asbestos. A claim based upon a nonmalignant condition resulting from silica or asbestos is preserved for purposes of the period of limitations if such was filed before the cause of action arises pursuant to this section and amendments thereto.
(b) A silica or asbestos claim for a nonmalignant condition shall not preclude or bar a subsequent claim by the same exposed person for silica-related cancer or asbestos-related cancer. No damages shall be awarded for fear or risk of cancer in any civil action asserting only a silica or asbestos claim for a nonmalignant condition.
(c) No settlement of a silica or asbestos claim for a nonmalignant condition that is concluded after the effective date of this section shall require the release of any future claim for silica-related cancer or asbestos-related cancer as a condition of settlement.
History:
L. 2006, ch. 196, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4905 Same; premises owner liability.

60-4905.
Same; premises owner liability.
The following apply to all civil actions for silica or asbestos claims brought against a premises owner to recover damages or other relief for exposure to silica or asbestos on the premises owner's property: (a) No premises owner shall be liable for any injury to any individual resulting from silica or asbestos exposure unless such individual's alleged exposure occurred while the individual was at or near the premises owner's property.
(b) If exposure to silica or asbestos is alleged to have occurred before January 1, 1972, it is presumed that a premises owner knew that this state had adopted safe levels of exposure for silica or asbestos and that products containing silica or asbestos were used on its property only at levels below those safe levels of exposure. To rebut this presumption, the plaintiff must prove by a preponderance of the evidence that the premises owner knew or should have known that the premises were unreasonably dangerous to invitees and the premises owner allowed that condition to persist.
(c) (1) A premises owner that hired a contractor to perform the type of work at the premises owner's property that the contractor was qualified to perform cannot be liable for any injury to any individual resulting from silica or asbestos exposure caused by any of the contractor's employees or agents on the premises owner's property unless the premises owner directed the activity that resulted in the injury or gave or denied permission for the critical acts that led to the individual's injury or knowingly allowed a dangerous condition caused by the contractor to persist.
(2) If exposure to silica or asbestos is alleged to have occurred after January 1, 1972, a premises owner shall not be liable for any injury to any individual resulting from that exposure caused by a contractor's employee or agent on the premises owner's property unless the plaintiff establishes the premises owner's violation of an established safety standard that was in effect at the time of the exposure and that the alleged violation was in the plaintiff's breathing zone and was the proximate cause of the plaintiff's medical condition.
History:
L. 2006, ch. 196, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4906 60-4906.Same; affect on other laws.

60-4906.
Same; affect on other laws.
(a) Nothing in K.S.A. 2023 Supp. 60-4901 to 60-4905, inclusive, and amendments thereto, is intended or shall be construed to:
(1) Apply to or affect the rights of any party in bankruptcy proceedings.
(2) Apply to or affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.
(b) K.S.A. 2023 Supp. 60-4901 to 60-4905, inclusive, and amendments thereto, shall not:
(1) Apply to or affect the scope or operation of any workers' compensation law or veterans' benefit program or the exclusive remedy of subrogation under the provisions of that law or program; and
(2) authorize any lawsuit that is barred by any provision of any workers' compensation law.
(c) Nothing in this act, and amendments thereto, shall require the exhumation of bodies in making the prima facie showing as required by K.S.A. 2023 Supp. 60-4902, and amendments thereto, or rebutting the presumption as provided in K.S.A. 2023 Supp. 60-4902, and amendments thereto.
History:
L. 2006, ch. 196, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4907 Same; burden of proof.

60-4907.
Same; burden of proof.
(a) In any civil action under this act, and amendments thereto, alleging an asbestos or silica claim, the party with the burden of establishing the claim or affirmative defense must show that the alleged exposure attributable to a given person or party was a substantial factor in causing the injury, loss or damages.
(b) In determining whether any given claimed or alleged exposure was a substantial factor in causing the plaintiff's injury, loss or damages, the court shall consider, without limitation, all of the following:
(1) The manner in which the plaintiff was exposed.
(2) The proximity to the plaintiff when the exposure occurred.
(3) The frequency and length of the plaintiff's exposure;*
(4) Any factors that mitigated or enhanced the plaintiff's exposure.
History:
L. 2006, ch. 196, § 7; July 1.
* This semicolon should have been a period instead.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4908 Same; applicability of act.

60-4908.
Same; applicability of act.
This act shall apply to all civil actions that allege a silica or asbestos claim that are filed on or after the effective date of this act.
History:
L. 2006, ch. 196, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4909 Same; severability.

60-4909.
Same; severability.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 2006, ch. 196, § 9; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4910 Same; preemption by federal law, effect of.

60-4910.
Same; preemption by federal law, effect of.
If any provision of this act or the application thereof to any person or circumstance is held to be preempted by federal law, the preemption shall not affect other provisions or applications of the act which can be given effect.
History:
L. 2006, ch. 196, § 10; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4911 Same; citation of act.

60-4911.
Same; citation of act.
K.S.A. 2023 Supp. 60-4901 through 60-4911 may be cited as the silica and asbestos claims act.
History:
L. 2006, ch. 196, § 11; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4912 Asbestos trust claims transparency act; citation of act.

60-4912. Asbestos trust claims transparency act; citation of act.
K.S.A. 2023 Supp. 60-4912 through 60-4918, and amendments thereto, may be cited as the asbestos trust claims transparency act.
History:
L. 2018, ch. 25, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4913 Same; definitions.

60-4913. Same; definitions.
The following definitions apply to this act:
(a) "Asbestos" has the same meaning as defined in K.S.A. 2023 Supp. 60-4901, and amendments thereto.
(b) "Asbestos claim" has the same meaning as defined in K.S.A. 2023 Supp. 60-4901, and amendments thereto.
(c) "Asbestos trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. § 524(g) or § 1121(a) or other applicable provision of law, that is intended, in whole or in part, to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
(d) "Plaintiff" means the person bringing the asbestos claim, including a personal representative if the asbestos claim is brought by an estate, or a conservator or next friend if the asbestos claim is brought on behalf of a minor or legally incapacitated individual, and any person who is representing the plaintiff or has a fiduciary duty to the plaintiff for the action, including the plaintiff's representatives, agents, counsel and assigns.
(e) "Trust claim materials" means all documents and information filed or submitted by or on behalf of the plaintiff as part of or related to a claim against an asbestos trust, including a final executed proof of claim, claim forms and supplementary materials, affidavits, depositions and trial testimony, work history, medical and health records, documents demonstrating asbestos exposure or the health effects of exposure to asbestos or the validity of a trust claim or other materials that an asbestos trust requires in order to support the trust claim, documents reflecting the status of a claim against an asbestos trust, and, if the trust claim has settled, all documents relating to the settlement of the asbestos trust claim.
(f) "Trust governance documents" means all documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.
History:
L. 2018, ch. 25, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4915 Same; filing of asbestos trust claims.

60-4915. Same; filing of asbestos trust claims.
(a) A defendant may file a motion no later than the date the court establishes for the completion of all fact discovery identifying the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.
(b) Within 10 days after receiving the defendant's motion, the plaintiff shall:
(1) File the asbestos trust claims;
(2) file a written response with the court stating why there is insufficient evidence for the plaintiff to file the asbestos trust claims; or
(3) file a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff's reasonably anticipated recovery.
(c) (1) If the court determines that there is a sufficient basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos claim until the plaintiff files the asbestos trust claim and produces all related trust claim materials.
(2) If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff's reasonably anticipated recovery, the plaintiff shall file with the court and provides* all parties with a verified statement of the plaintiff's history of exposure, usage or other connection to asbestos covered by that asbestos trust within 30 days of the court's determination.
History:
L. 2018, ch. 25, § 4; July 1.
* The word "provides" should have been "provide" instead.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4916 Same; discovery.

60-4916. Same; discovery.
(a) Trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos claim. A claim of privilege does not apply to any trust claim materials or trust governance documents.
(b) A defendant in an asbestos claim may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.
History:
L. 2018, ch. 25, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4917 Same; reopening of judgment.

60-4917. Same; reopening of judgment.
(a) If the plaintiff or a person on the plaintiff's behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos claim, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos claim and adjust the judgment by the amount of any subsequent asbestos trust payments obtained by the plaintiff and order any other relief to the parties that the court considers just and proper.
(b) A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one year after the judgment in the asbestos claim was entered.
History:
L. 2018, ch. 25, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 49 - Silica And Asbestos › 60-4918 Same; applicability of act.

60-4918. Same; applicability of act.
This act shall apply to all asbestos claims filed on or after July 1, 2018.
History:
L. 2018, ch. 25, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 50 - Miscellaneous Civil Actions › 60-5002 Civil action for victims of terrorism or the furtherance of terrorism or illegal use of weapon of mass destruction.

60-5002. Civil action for victims of terrorism or the furtherance of terrorism or illegal use of weapon of mass destruction.
(a) A person injured as a result of the conduct of another that would constitute conduct prohibited by K.S.A. 21-5421 or 21-5423, and amendments thereto, may bring an action in an appropriate state court against the person or persons who engaged in such conduct.
(b) In any action brought under this section, a prevailing plaintiff shall recover up to three times the actual damages such person sustained or $10,000, whichever is greater, and the cost of the suit, including reasonable attorney's fees.
(c) Notwithstanding any other provision of law, any action commenced under this section shall be filed within five years after the later of:
(1) The date of discovery of the violation of K.S.A. 21-5421 or 21-5423, and amendments thereto; or
(2) the conclusion of a related criminal case.
(d) At the victim's request, the attorney general may pursue cases on behalf of any Kansas victim under this section. All damages obtained shall go to the victim, and the attorney general may seek reasonable attorney's fees and costs.
(e) Any action brought under this section shall be subject to the provisions of K.S.A. 74-7312, and amendments thereto.
History:
L. 2014, ch. 51, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 50 - Miscellaneous Civil Actions › 60-5003 Civil action for victims of human trafficking or commercial sexual exploitation of a child.

60-5003. Civil action for victims of human trafficking or commercial sexual exploitation of a child.
(a) A victim of the conduct of another that would constitute conduct prohibited by K.S.A. 21-5426, and amendments thereto, human trafficking or aggravated human trafficking, or K.S.A. 21-6422, and amendments thereto, commercial sexual exploitation of a child, may bring an action in an appropriate state court against the person or persons who engaged in such conduct if the victim suffered personal or psychological injury as a result of the conduct. Such victim may seek actual damages, exemplary or punitive damages, injunctive relief and any other appropriate relief.
(b) In an action under this section, the court shall award a prevailing plaintiff the cost of the suit, including reasonable attorney fees. A victim who is awarded damages under this section shall be deemed to have sustained damages of at least $150,000.
(c) Notwithstanding any other provision of law, any action commenced under this section shall be filed within 10 years after the later of the date on which the victim:
(1) Was freed from the human trafficking situation; or
(2) attained 18 years of age.
(d) At the victim's request, the attorney general may pursue cases on behalf of any Kansas victim under this section. All damages obtained shall go to the victim, and the attorney general may seek reasonable attorney fees and costs.
(e) Any action brought under this section shall be subject to the provisions of K.S.A. 74-7312, and amendments thereto.
(f) This section does not preclude any other remedy available to the victim under federal law or law of this state.
History:
L. 2015, ch. 94, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 51 - Application Of Foreign Laws, Legal Codes Or Systems › 60-5101 Legislative declaration.

60-5101. Legislative declaration.
While the legislature fully recognizes the right to contract freely under the laws of this state, it also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state's interest to protect and promote rights and privileges granted under the United States or Kansas constitution, including, but not limited to, equal protection, due process, free exercise of religion, freedom of speech or press, and any right of privacy or marriage.
History:
L. 2012, ch. 136, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 51 - Application Of Foreign Laws, Legal Codes Or Systems › 60-5102 Foreign law, legal code and system defined.

60-5102. Foreign law, legal code and system defined.
As used in this act, "foreign law," "legal code" or "system" means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction's courts, administrative bodies or other formal or informal tribunals.
History:
L. 2012, ch. 136, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 51 - Application Of Foreign Laws, Legal Codes Or Systems › 60-5103 Ruling or decision by any court, arbitration, tribunal or administrative agency based on foreign law void and unenforceable; when.

60-5103. Ruling or decision by any court, arbitration, tribunal or administrative agency based on foreign law void and unenforceable; when.
Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions, including, but not limited to, equal protection, due process, free exercise of religion, freedom of speech or press, and any right of privacy or marriage.
History:
L. 2012, ch. 136, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 51 - Application Of Foreign Laws, Legal Codes Or Systems › 60-5104 Contract or contractual provision based on foreign law void and unenforceable; when.

60-5104. Contract or contractual provision based on foreign law void and unenforceable; when.
A contract or contractual provision, if capable of segregation, which provides for the choice of a foreign law, legal code or system to govern some or all of the disputes between the parties adjudicated by a court of law or by an arbitration panel arising from the contract mutually agreed upon shall violate the public policy of this state and be void and unenforceable if the foreign law, legal code or system chosen includes or incorporates any substantive or procedural law, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions, including, but not limited to, equal protection, due process, free exercise of religion, freedom of speech or press, and any right of privacy or marriage.
History:
L. 2012, ch. 136, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 51 - Application Of Foreign Laws, Legal Codes Or Systems › 60-5105 Same; choice of jurisdiction; claim of forum non conveniens or related claim.

60-5105. Same; choice of jurisdiction; claim of forum non conveniens or related claim.
(a) A contract or contractual provision, if capable of segregation, which provides for a jurisdiction for purposes of granting the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between parties arising from the contract mutually agreed upon shall violate the public policy of this state and be void and unenforceable if the jurisdiction chosen includes any foreign law, legal code or system, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions, including, but not limited to, equal protection, due process, free exercise of religion, freedom of speech or press, and any right of privacy or marriage.
(b) If a resident of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the fundamental liberties, rights and privileges granted under the United States and Kansas constitutions of the nonclaimant in the foreign forum with respect to the matter in dispute, including, but not limited to, equal protection, due process, free exercise of religion, freedom of speech or press, and any right of privacy or marriage, then it is the public policy of this state that the claim shall be denied.
History:
L. 2012, ch. 136, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 51 - Application Of Foreign Laws, Legal Codes Or Systems › 60-5106 Construction of act; appellate decisions.

60-5106. Construction of act; appellate decisions.
Nothing in this act shall be construed to disapprove of or abrogate any appellate decision previously rendered by the supreme court of Kansas.
History:
L. 2012, ch. 136, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 51 - Application Of Foreign Laws, Legal Codes Or Systems › 60-5107 Same; religious organizations.

60-5107. Same; religious organizations.
Nothing in this act shall be construed to allow a court to: (a) Adjudicate or prohibit any religious organization from deciding upon ecclesiastical matters of a religious organization, including, but not limited to, the selection, appointment, calling, discipline, dismissal, removal or excommunication of a member, member of the clergy, or other person who performs ministerial functions; or (b) determine or interpret the doctrine of a religious organization, including, but not limited to, where adjudication by a court would violate the prohibitions of the religion clauses of the first amendment to the constitution of the United States, or violate the constitution of the state of Kansas.
History:
L. 2012, ch. 136, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 51 - Application Of Foreign Laws, Legal Codes Or Systems › 60-5108 Inapplicability to certain legal entities.

60-5108. Inapplicability to certain legal entities.
Without prejudice to any legal right, this act shall not apply to a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity that contracts to subject itself to foreign law or courts in a jurisdiction other than this state or the United States.
History:
L. 2012, ch. 136, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 52 - Transparency In Lawsuits Protection Act › 60-5201 Citation and construction of act.

60-5201. Citation and construction of act.
(a) This section shall be known as the transparency in lawsuits protection act and shall be part of and supplemental to the Kansas code of civil procedure.
(b) It is the intent of the legislature that no statute, rule, regulation or other enactment of the state shall create a private right of action unless such right is expressly stated therein.
(c) Any legislation enacted in this state creating a private right of action shall contain express language providing for such a right. Courts of this state shall not construe a statute to imply a private right of action in the absence of such express language.
(d) Nothing in this act shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under any theory of recovery otherwise recognized by law, including, but not limited to, theories of recovery under the law of torts or contract.
History:
L. 2012, ch. 128, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 53 - Exercise Of First Amendment Rights › 60-5301 Citation of act.

60-5301. Citation of act.
K.S.A. 2023 Supp. 60-5301 through 60-5305, and amendments thereto, shall be known and may be cited as the Kansas preservation of religious freedom act.
History:
L. 2013, ch. 47, § 5; July 1.