reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4710 Designation of controlling person for AMC.

58-4710. Designation of controlling person for AMC.
(a) Each AMC applying to the board for a registration or for a renewal of a registration in this state shall designate one controlling person that shall serve as the main contact for all communication between the board and the AMC.
(b) The controlling person designated pursuant to subsection (a) shall:
(1) Remain in good standing with any appraiser-credentialing jurisdictions from which the controlling person has obtained credentials, except that no provision in this section shall require that a designated controlling person hold an appraiser credential in any jurisdiction; or
(2) have never had a credential issued by any appraiser-credentialing jurisdiction to act as an appraiser that:
(A) Was refused, denied, suspended, revoked, or surrendered or nonrenewed in lieu of a pending disciplinary proceeding, and:
(B) (i) Not had such credential subsequently reinstated or granted; or
(ii) is not otherwise in good standing in any jurisdiction.
(c) As a part of an application for an original registration and if required by the board for a renewal registration, the board shall require the controlling person to be fingerprinted and submit to a state and national criminal history record check. The fingerprints shall be used to identify the person and to determine whether the controlling person has a record of criminal history in this state or other jurisdiction. The board shall require the controlling person to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The board shall use the information obtained from the fingerprinting and the criminal history for purposes of verifying the identification of the controlling person and in the official determination of the qualifications and fitness of the applicant to be issued, maintain or renew a registration.
(d) Local and state law enforcement officers and agencies shall assist the board in taking and processing fingerprints of applicants for any license and shall release all records of adult convictions to the board.
(e) The board may fix and collect a fee in an amount necessary to reimburse the board for the cost of fingerprinting and the criminal history record check. Such fee shall be established by rules and regulations. Any moneys collected under this subsection shall be deposited in the state treasury and credited to the real estate appraisal board's appraiser fee fund established pursuant to K.S.A. 58-4107, and amendments thereto.
History:
L. 2012, ch. 93, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4711 AMC appraiser requirements.

58-4711. AMC appraiser requirements.
(a) If a license or certification is required to perform an appraisal, prior to placing an assignment with an appraiser on the appraiser panel of an AMC, the AMC shall verify that the appraiser receiving the assignment holds a credential in good standing in this state issued pursuant to this act and the rules and regulations adopted thereunder. A letter of engagement shall include instructions to the appraiser to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice.
(b) Any employee of, or independent contractor to, the AMC that performs an appraisal review for a property located in Kansas shall be an appraiser credentialed in good standing in the state of Kansas.
(c) No AMC registered in this state pursuant to this act shall enter into any contract or agreement with an appraiser for the performance of appraisals in Kansas unless such AMC verifies that the individual is credentialed in good standing to perform the appraisal pursuant to the state certified and licensed real property appraisers act.
(d) Each AMC registered or seeking to be registered in this state shall certify to the board on an annual basis on a form prescribed by the board that such AMC has a system and process in place to verify that any individual being added to the appraiser panel of the AMC for appraisal services in Kansas:
(1) Holds a credential in good standing in this state pursuant to the state certified and licensed real estate appraisers act; and
(2) is geographically competent and performs appraisal assignments within the appraiser's scope of practice.
History:
L. 2012, ch. 93, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4712 Appraisal review reporting.

58-4712. Appraisal review reporting.
Each AMC seeking to be registered or to renew a registration in this state shall certify to the board on an annual basis on a form prescribed by the board that such AMC has a system in place to perform an appraisal review on a number or percentage of the appraisal reports submitted by each appraiser who is performing appraisals for such AMC on a periodic basis as specified in rules and regulations of the board to validate that the appraisals are being conducted in accordance with:
(a) The USPAP; and
(b) the state certified and licensed real property appraisers act and the regulations adopted thereunder.
History:
L. 2012, ch. 93, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4713 Record keeping required; inspection of records.

58-4713. Record keeping required; inspection of records.
(a) Each AMC seeking to be registered or to renew an existing registration in this state shall certify to the board on an annual basis on a form prescribed by the board that such AMC maintains a detailed record of each service request that it receives for appraisal of real property located in Kansas.
(b) An AMC registered under the provisions of this act shall retain for a period of five years all records required to be maintained under this act. This five-year period shall commence on:
(1) The date of the final action by the AMC for each individual transaction; or
(2) if the AMC is notified that the transaction is involved in litigation, the date that the final judgment has been issued and all appeals, if any, have been taken.
(c) All records required to be maintained by the registered AMC pursuant to the provisions of this act shall be made available by the registration holder for inspection and copying by the board or its designee on reasonable notice to the AMC.
History:
L. 2012, ch. 93, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4714 Disclosures.

58-4714. Disclosures.
(a) An AMC shall be required to have a system in place to disclose to its client the fees paid:
(1) For appraisal management services; and
(2) to the appraiser for the completion of an appraisal assignment.
(b) No AMC shall prohibit an appraiser that is part of an appraiser panel of the AMC from recording the fee that the appraiser was paid by the AMC for the performance of the appraisal within the body of the appraisal that is submitted by the appraiser to the AMC.
History:
L. 2012, ch. 93, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4715 Unlawful acts related to registration requirements.

58-4715. Unlawful acts related to registration requirements.
Except as provided by K.S.A. 2023 Supp. 58-4705, and amendments thereto, it shall be unlawful for any person to do any of the following without first obtaining a registration issued by the board pursuant to K.S.A. 2023 Supp. 58-4704, and amendments thereto:
(a) Directly or indirectly engage or attempt to engage in business as an AMC;
(b) directly or indirectly perform or attempt to perform appraisal management services as an AMC; or
(c) advertise or hold such person out as engaging in or conducting business as an AMC.
History:
L. 2012, ch. 93, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4717 Prohibited acts.

58-4717. Prohibited acts.
No AMC shall perform or attempt to perform any of the following acts:
(a) Require an appraiser to modify any aspect of an appraisal unless the modification complies with subsection (b) of K.S.A. 2023 Supp. 58-4716, and amendments thereto;
(b) require an appraiser to prepare an appraisal if the appraiser, in the appraiser's own independent professional judgment:
(1) Believes the appraiser does not have the necessary expertise for the assignment or for the specific geographic area; and
(2) the appraiser has notified the AMC and declined the assignment;
(c) require an appraiser to prepare an appraisal under a time frame that the appraiser, in the appraiser's own professional judgment:
(1) Believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations; and
(2) the appraiser has notified the AMC and declined the assignment;
(d) prohibit or inhibit legal or other allowable communication between the appraiser and the lender, a real estate licensee, or any other person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant;
(e) require the appraiser to do anything that does not comply with USPAP, the state certified and licensed real estate appraisers act or the regulations adopted thereunder, or any assignment conditions and certifications required by the client; or
(f) make any portion of the appraiser's fee or the AMC's fee contingent on a predetermined or favorable outcome, including, but not limited, to a loan closing or a specific dollar amount being achieved by the appraiser in the appraisal.
History:
L. 2012, ch. 93, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4718 Prompt payment.

58-4718. Prompt payment.
Except in bona fide cases of breach of contract or substandard performance of services, each AMC shall make payment to an appraiser for the completion of an appraisal or valuation assignment within 45 days of the date on which the appraiser transmits or otherwise provides the completed appraisal or valuation study to the AMC or its assignee unless a mutually agreed upon alternate arrangement has been previously established in good faith.
History:
L. 2012, ch. 93, § 18; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4719 Modification of appraisal prohibited.

58-4719. Modification of appraisal prohibited.
(a) No AMC shall alter, modify, or otherwise change or attempt to alter, modify, or otherwise change a completed appraisal submitted by an appraiser.
(b) No AMC shall require an appraiser to provide the AMC with the appraiser's digital signature. No provision of this subsection shall be deemed to prohibit an appraiser from voluntarily providing such appraiser's digital signature to another person in the manner permitted by the provisions of the USPAP.
History:
L. 2012, ch. 93, § 19; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4720 Registration number.

58-4720. Registration number.
(a) The board shall issue a unique registration number to each AMC that is registered in this state.
(b) The board shall maintain on its website a list of the AMCs that have registered with the board pursuant to this act and have been issued a registration number pursuant to subsection (a) of this section.
(c) An AMC registered in this state shall place its registration number on any instrument utilized by the AMC for procurement of appraisal services in this state.
History:
L. 2012, ch. 93, § 20; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4721 Removal of appraiser, limitation.

58-4721. Removal of appraiser, limitation.
No AMC shall remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without:
(a) Notifying the appraiser in writing of the reasons why such appraiser is being removed from the appraiser panel of the AMC;
(b) providing an opportunity for the appraiser to respond to the written notification of the AMC either personally or through legal counsel; and
(c) if the appraiser is being removed from the panel for illegal conduct, violation of the USPAP, or a violation of this act or the regulations adopted thereunder, providing notice to the appraiser and to the board detailing allegations of fact and alleged violations of USPAP, regulations or laws.
History:
L. 2012, ch. 93, § 21; L. 2018, ch. 69, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4722 Denial of registration or renewal thereof; grounds.

58-4722. Denial of registration or renewal thereof; grounds.
The board may deny the issuance of a registration or a renewal of a registration to an applicant for failure to comply with any requirement of this act, or any rule or regulation adopted pursuant thereto, or for any of the following acts or omissions:
(a) That the applicant, in the case of an application for renewal of a registration has, within 12 months preceding the date of the application, violated any provision of this act or any regulation adopted thereunder, or any provision of the state certified and licensed real property appraiser act or any regulation adopted thereunder;
(b) that the applicant is not of good moral character; or
(c) that the applicant has been the holder of a registration that:
(1) Was denied, revoked or suspended for cause; or
(2) (A) surrendered or nonrenewed in lieu of disciplinary proceedings and not subsequently granted or reinstated; or
(B) is otherwise not in good standing in any jurisdiction;
(d) when in the case of an application for renewal of a registration, the applicant has, in the conduct of affairs under the registration, demonstrated:
(1) Incompetency;
(2) untrustworthiness;
(3) conduct or practices rendering the registrant unfit to carry on appraisal management services;
(4) conduct or practices making continuance in the business detrimental to the public interest; or
(5) that the registrant is no longer in good faith carrying on appraisal management services, and for this conduct is found to be a source of detriment, injury or loss to the public; or
(e) that the applicant, the controlling person or any owner of an interest in the AMC of 10% or more has been convicted of a felony and has not been sufficiently rehabilitated to merit the public trust.
History:
L. 2012, ch. 93, § 22; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4723 Penalties; proceedings conducted in accordance with KAPA.

58-4723. Penalties; proceedings conducted in accordance with KAPA.
(a) The board may censure an AMC, condition, limit, suspend or revoke the registration of an AMC, and in addition to or in lieu of any other administrative, civil or criminal remedy provided by law may impose a civil fine not to exceed $2,000 per violation for any of the following acts or omissions:
(1) Committing any violation of this act;
(2) violating any regulation adopted by the board to implement or administer the provisions of this act;
(3) procuring a registration or renewal of a registration for the AMC or committing any other act by fraud, misrepresentation, or deceit; or
(4) employing a controlling person or any individual who owns more than 10% of the AMC who has been convicted of a felony and who has not been sufficiently rehabilitated to merit the public trust.
(b) Administrative proceedings under this act shall be conducted in accordance with the Kansas administrative procedure act.
(c) A violation of this act, or of any rule or regulation adopted pursuant thereto, shall be a class C misdemeanor.
History:
L. 2012, ch. 93, § 23; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4724 Assessment of costs for proceedings.

58-4724. Assessment of costs for proceedings.
(a) The costs incurred by the board in conducting any proceeding under the Kansas administrative procedure act may be assessed against the AMC if the order of the board is adverse to the AMC in such proportion as the board determines upon consideration of all relevant circumstances including the nature of the proceeding and the level of participation by the parties. The board may reduce any such assessment to judgment by filing a petition in the district court of Shawnee county. No registration shall be reinstated, renewed or issued if an assessment for costs has not been paid by the applicant or registrant.
(b) (1) Except as provided in paragraph (2), for purposes of this section, costs include the fees and expenses of the presiding officer, costs of making and preparing the record, witness fees and expenses, mileage, travel allowances and subsistence expenses of board employees and fees and expenses of agents of the board who provide services to the board.
(2) Costs shall not include fees and expenses or costs of making and preparing the record unless the board has designated or retained the services of the office of administrative hearings to perform such functions.
(c) The board shall make any assessment of costs incurred as part of the final order rendered in the proceeding. Such order shall include findings and conclusions in support of the assessment of costs.
History:
L. 2012, ch. 93, § 24; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4725 Rules and regulations.

58-4725. Rules and regulations.
In accordance with the provisions of the rules and regulations filing act, K.S.A. 77-415 et seq., and amendments thereto, the board may adopt, amend and revoke rules and regulations governing the administration and enforcement of this act, including, but not limited to:
(a) Any fee required by this act;
(b) any report, record or other information which may be required to be kept, and maintained pursuant to this act; and
(c) such other rules and regulations as the board may deem necessary to carry out the provisions of this act.
History:
L. 2012, ch. 93, § 25; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4801 Citation of act.

58-4801. Citation of act.
This act may be cited as the revised uniform fiduciary access to digital assets act (2015).
History:
L. 2017, ch. 19, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4803 Applicability of act.

58-4803. Applicability of act.
(a) This act applies to:
(1) A fiduciary acting under a will or power of attorney executed before, on or after July 1, 2017;
(2) a personal representative acting for a decedent who died before, on or after July 1, 2017;
(3) a guardianship or conservatorship proceeding commenced before, on or after July 1, 2017; and
(4) a trustee acting under a trust created before, on or after July 1, 2017.
(b) This act applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
(c) This act does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
History:
L. 2017, ch. 19, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4804 User direction for disclosure of digital assets.

58-4804. User direction for disclosure of digital assets.
(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
(b) If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
History:
L. 2017, ch. 19, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4805 Terms-of-service agreement.

58-4805. Terms-of-service agreement.
(a) This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under K.S.A. 2023 Supp. 58-4804, and amendments thereto.
History:
L. 2017, ch. 19, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4806 Procedure for disclosing digital assets.

58-4806. Procedure for disclosing digital assets.
(a) When disclosing digital assets of a user under this act, the custodian may at its sole discretion:
(1) Grant a fiduciary or designated recipient full access to the user's account;
(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this act.
(c) A custodian need not disclose under this act a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this act some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1) A subset limited by date of the user's digital assets;
(2) all of the user's digital assets to the fiduciary or designated recipient;
(3) none of the user's digital assets; or
(4) all of the user's digital assets to the court for review in camera.
History:
L. 2017, ch. 19, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4807 Disclosure of content of electronic communications of deceased user.

58-4807. Disclosure of content of electronic communications of deceased user.
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) a certified copy of the death certificate of the user;
(c) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order;
(d) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(e) if requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) evidence linking the account to the user; or
(3) a finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in subsection (e)(1);
(B) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222 or other applicable law;
(C) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(D) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
History:
L. 2017, ch. 19, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4808 Disclosure of other digital assets of deceased user.

58-4808. Disclosure of other digital assets of deceased user.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) a certified copy of the death certificate of the user;
(c) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order; and
(d) if requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) evidence linking the account to the user;
(3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(4) a finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in subsection (d)(1); or
(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
History:
L. 2017, ch. 19, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4809 Disclosure of content of electronic communications of principal.

58-4809. Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(c) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(d) if requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) evidence linking the account to the principal.
History:
L. 2017, ch. 19, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4810 Disclosure of other digital assets of principal.

58-4810. Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(c) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(d) if requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) evidence linking the account to the principal.
History:
L. 2017, ch. 19, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4811 Disclosure of digital assets held in trust when trustee is original user.

58-4811. Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
History:
L. 2017, ch. 19, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4812 Disclosure of contents of electronic communications held in trust when trustee is not original user.

58-4812. Disclosure of contents of electronic communications held in trust when trustee is not original user.
Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) a certified copy of the trust instrument or a certification of the trust under K.S.A. 58a-1013, and amendments thereto, that includes consent to disclosure of the content of electronic communications to the trustee;
(c) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(d) if requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(2) evidence linking the account to the trust.
History:
L. 2017, ch. 19, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4813 Disclosure of other digital assets held in trust when trustee is not original user.

58-4813. Disclosure of other digital assets held in trust when trustee is not original user.
Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) a certified copy of the trust instrument or a certification of the trust under K.S.A. 58a-1013, and amendments thereto;
(c) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(d) if requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(2) evidence linking the account to the trust.
History:
L. 2017, ch. 19, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4814 Disclosure of digital assets to guardian or conservator of ward or conservatee.

58-4814. Disclosure of digital assets to guardian or conservator of ward or conservatee.
(a) After an opportunity for a hearing under K.S.A. 59-3050 et seq., and amendments thereto, the court may grant a guardian or conservator access to the digital assets of a ward or conservatee.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or conservator the catalogue of electronic communications sent or received by a ward or conservatee and any digital assets, other than the content of electronic communications, in which the ward or conservatee has a right or interest if the guardian or conservator gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) a certified copy of the court order that gives the guardian or conservator authority over the digital assets of the ward or conservatee; and
(3) if requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward or conservatee; or
(B) evidence linking the account to the ward or conservatee.
(c) A guardian or conservator with general authority to manage the assets of a ward or conservatee may request a custodian of the digital assets of the ward or conservatee to suspend or terminate an account of the ward or conservatee for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian or conservator authority over the ward or conservatee's property.
History:
L. 2017, ch. 19, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4815 Fiduciary duty and authority.

58-4815. Fiduciary duty and authority.
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) The duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) Except as otherwise provided in K.S.A. 58-4804, and amendments thereto, is subject to the applicable terms of service;
(2) is subject to other applicable laws, including copyright laws;
(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, ward or conservatee, principal or settlor has the right to access any digital asset in which the decedent, ward or conservatee, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward or conservatee, principal or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including K.S.A. 21-5839, and amendments thereto.
(e) A fiduciary with authority over the tangible, personal property of a decedent, ward or conservatee, principal or settlor:
(1) Has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including K.S.A. 21-5839, and amendments thereto.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) If the user is deceased, a certified copy of the death certificate of the user;
(2) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order, court order, power of attorney or trust giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).
History:
L. 2017, ch. 19, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4816 Custodian compliance and immunity.

58-4816. Custodian compliance and immunity.
(a) Not later than 60 days after receipt of the information required under K.S.A. 2023 Supp. 58-4807 through 58-4815, and amendments thereto, a custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this act.
(d) A custodian may deny a request under this act from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e) This act does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this act to obtain a court order which:
(1) Specifies that an account belongs to the ward, conservatee or principal;
(2) specifies that there is sufficient consent from the ward, conservatee or principal to support the requested disclosure; and
(3) contains a finding required by law other than this act.
(f) A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this act.
History:
L. 2017, ch. 19, § 16; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4817 Uniformity of application and construction.

58-4817. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2017, ch. 19, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4818 Relation to electronic signatures in global and national commerce act.

58-4818. Relation to electronic signatures in global and national commerce act.
This act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
History:
L. 2017, ch. 19, § 18; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015) › 58-4819 Severability.

58-4819. Severability.
If any provision of this act or its application 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. 2017, ch. 19, § 19; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 49 - First-time Home Buyer Savings Account Act › 58-4901 Citation of act.

58-4901. Citation of act.
K.S.A. 2023 Supp. 58-4901 through 58-4906, and amendments thereto, shall be known and may be cited as the first-time home buyer savings account act.
History:
L. 2021, ch. 102, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 49 - First-time Home Buyer Savings Account Act › 58-4902 Definitions.

58-4902. Definitions.
As used in the first-time home buyer savings account act:
(a) "Account" or "first-time home buyer savings account" means an individual savings account established in accordance with the provisions of this act.
(b) "Account holder" means an individual who establishes an account that is designated as a first-time home buyer savings account pursuant to the provisions of K.S.A. 2023 Supp. 58-4903, and amendments thereto, with a financial institution.
(c) "Designated beneficiary" means the individual designated by an account holder pursuant to the provisions of K.S.A. 2023 Supp. 58-4903, and amendments thereto, as the individual whose eligible expenses are expected to be paid from the account for the purchase or construction of a primary residence in this state.
(d) "Eligible expenses" means a down payment and any closing costs that may be included as part of a real estate settlement agreement, including, but not limited to, appraisal fees, mortgage origination fees and inspection fees or any down payment, costs and fees that may be included as part of financing the construction of a primary residence.
(e) "Financial institution" means any state bank, state trust company, savings and loan association, federally chartered credit union doing business in this state, credit union chartered by the state of Kansas, national bank, broker-dealer, mutual fund, insurance company or other similar financial entity qualified to do business in this state.
(f) "First-time home buyer" means an individual who:
(1) Has never owned or purchased under contract for deed, either individually or jointly, a single-family, owner-occupied primary residence including, but not limited to, a condominium unit or a manufactured or mobile home that was assessed and taxed as real property; or
(2) as a result of the individual's dissolution of marriage, has not been listed on a property title for at least three consecutive years.
(g) "Secretary" means the secretary of revenue.
History:
L. 2021, ch. 102, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 49 - First-time Home Buyer Savings Account Act › 58-4905 Annual reporting; forms; rules and regulations.

58-4905. Annual reporting; forms; rules and regulations.
(a) The secretary shall establish forms for an account holder to annually report information about any accounts held by such account holder. An account holder shall annually file with the account holder's state income tax return all forms required by the secretary under this section, the form 1099 for the account issued by the financial institution and any other supporting documentation the secretary requires.
(b) Prior to July 1, 2022, the secretary shall adopt rules and regulations necessary to administer the provisions of the first-time home buyer savings account act.
History:
L. 2021, ch. 102, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 49 - First-time Home Buyer Savings Account Act › 58-4906 Actions that are not a requirement of nor the responsibility or liability of financial institutions; determining a payable on death beneficiary.

58-4906. Actions that are not a requirement of nor the responsibility or liability of financial institutions; determining a payable on death beneficiary.
(a) No financial institution shall be required to:
(1) Designate an account as a first-time home buyer savings account or designate the beneficiaries of an account in the financial institution's account contracts or systems or in any other way;
(2) track the use of moneys withdrawn from an account; or
(3) report any information to the department of revenue or any other governmental agency that is not otherwise required by law.
(b) No financial institution shall be responsible or liable for:
(1) Determining or ensuring that an account holder is eligible for a Kansas adjusted gross income modification pursuant to K.S.A. 79-32,117, and amendments thereto;
(2) determining or ensuring that moneys in the account are used for eligible expenses; or
(3) reporting or remitting taxes or penalties related to the use of account moneys.
(c) A financial institution may rely on such financial institution's account records for determining a payable on death beneficiary for a first-time home buyer savings account. If the payable on death beneficiary in a financial institution's account records conflicts with the designated beneficiary on any form required by the secretary under the first-time home buyer savings account act, the payable on death beneficiary in such financial institution's account records shall control.
History:
L. 2021, ch. 102, § 6; L. 2023, ch. 5, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 49 - First-time Home Buyer Savings Account Act › 58-4907 Non-exclusive authority to market the first-time home buyer savings account program by the state treasurer.

58-4907. Non-exclusive authority to market the first-time home buyer savings account program by the state treasurer.
(a) The state treasurer may have non-exclusive authority to market the first-time home buyer savings account program to account holders and financial institutions throughout the state and may report on the marketing initiatives in the state treasurer's office annual report.
(b) This section shall be a part of and supplemental to the first-time home buyer savings account act.
History:
L. 2023, ch. 5, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5001 Citation of act.

58-5001. Citation of act.
K.S.A. 2023 Supp. 58-5001 through 58-5018, and amendments thereto, may be cited as the Kansas uniform directed trust act.
History:
L. 2022, ch. 16, § 1; July 1.