reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 34 - Professional Liability Actions › 60-3406 Definitions.

60-3406.
Definitions.
As used in K.S.A. 60-3406 through 60-3410 and amendments thereto:
(a) The words and phrases defined by K.S.A. 60-3401 and amendments thereto shall have the meanings provided by that section.
(b) "Current economic loss" means costs of medical care and related benefits, lost wages and other economic losses incurred prior to the verdict.
(c) "Future economic loss" means costs of medical care and related benefits, lost wages, loss of earning capacity or other economic losses to be incurred after the verdict.
(d) "Medical care and related benefits" means reasonable expenses of necessary medical care, hospitalization and treatment required due to the negligent rendering of or failure to render professional services by the liable health care provider.
History:
L. 1986, ch. 229, § 12; L. 1987, ch. 224, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 34 - Professional Liability Actions › 60-3408 Verdict; period for payment for future losses.

60-3408.
Verdict; period for payment for future losses.
In every medical malpractice liability action in which the verdict awards damages for future economic losses, the verdict shall specify the period of time over which payment for such losses will be needed.
History:
L. 1986, ch. 229, § 14; L. 1987, ch. 224, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 34 - Professional Liability Actions › 60-3410 Application of K.S.A. 60-3406 through 60-3408.

60-3410.
Application of K.S.A. 60-3406 through 60-3408.
The provisions of K.S.A. 60-3406 through 60-3408 and amendments thereto shall apply only to medical malpractice liability actions which are based on causes of action accruing on or after July 1, 1986.
History:
L. 1986, ch. 229, § 16; L. 1989, ch. 143, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 34 - Professional Liability Actions › 60-3412 Expert witnesses, qualifications.

60-3412.
Expert witnesses, qualifications.
In any medical malpractice liability action, as defined in K.S.A. 60-3401 and amendments thereto, in which the standard of care given by a practitioner of the healing arts is at issue, no person shall qualify as an expert witness on such issue unless at least 50% of such person's professional time within the two-year period preceding the incident giving rise to the action is devoted to actual clinical practice in the same profession in which the defendant is licensed.
History:
L. 1986, ch. 229, § 17; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 34 - Professional Liability Actions › 60-3413 Settlement conference.

60-3413.
Settlement conference.
(a) In any medical malpractice liability action, as defined by K.S.A. 60-3401 and amendments thereto, the court shall require a settlement conference to be held not less than 30 days before trial.
(b) The settlement conference shall be conducted by the trial judge or the trial judge's designee. The attorneys who will conduct the trial, all parties and all persons with authority to settle the claim shall attend the settlement conference unless excused by the court for good cause.
(c) Offers, admissions and statements made in conjunction with or during the settlement conference shall not be admissible at trial or in any subsequent action.
History:
L. 1986, ch. 229, § 18; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 34 - Professional Liability Actions › 60-3414 Severability.

60-3414.
Severability.
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.
History:
L. 1986, ch. 229, § 51; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3501 Definitions.

60-3501.
Definitions.
As used in K.S.A. 60-3501 through 60-3509:
(a) "Professional licensee" means any person licensed to practice a profession which a professional corporation is authorized to practice but does not include any health care provider as defined by K.S.A. 40-3401, and amendments thereto.
(b) "Professional malpractice liability action" means any action for damages arising out of the rendering of or failure to render services by a professional licensee.
History:
L. 1987, ch. 214, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3502 Convening of screening panel; selection of members; list of professional licensees maintained by state agency.

60-3502. Convening of screening panel; selection of members; list of professional licensees maintained by state agency.
(a) If a professional malpractice liability action is filed in a district court of this state and one of the parties to the action requests, by filing a memorandum with the court, that a professional malpractice screening panel be convened, the judge of the district court shall convene a professional malpractice screening panel, hereafter referred to as the screening panel. If a claim for damages arising out of the rendering of or failure to render services by a professional licensee has not been formalized by the filing of a petition, any party affected by such claim may request, by filing a memorandum with the court, that a screening panel be convened and, if such request is made, the judge of the district court shall convene a screening panel. If a petition or claim is filed naming more than one defendant or more than one person against whom a claim is being made, each defendant or person is entitled to request a separate screening panel.
(b) The membership of the screening panel shall be selected as follows: (1) A person licensed in the same profession as the defendant or person against whom the claim is filed, designated by the defendant or by the person against whom the claim is made if no petition has been filed; (2) a person licensed in the same profession as the defendant or person against whom the claim is filed, designated by the plaintiff or by the claimant if no petition has been filed; (3) a person licensed in the same profession as the defendant or person against whom the claim is filed, selected jointly by the plaintiff and the defendant or by the claimant and the person against whom the claim is made, if no petition has been filed; and (4) an attorney selected by the judge of the district court from a list of attorneys maintained by the judge of the district court for such purpose. Such attorney shall be a nonvoting member of the screening panel but shall act as chairperson of the screening panel.
(c) The state agency which licenses, registers, certifies or otherwise is responsible for the practice of any group of professional licensees shall maintain and make available to the parties to the proceeding a current list of professional licensees who are willing and available to serve on the screening panel. The persons appointed shall constitute the screening panel for the particular professional malpractice claim to be heard.
History:
L. 1987, ch. 214, § 2; L. 1999, ch. 57, § 55; L. 2008, ch. 80, § 1; L. 2012, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3503 Same; notice to parties; designation or selection of professional licensee.

60-3503. Same; notice to parties; designation or selection of professional licensee.
The district judge shall notify the parties to the action that a screening panel has been convened. The plaintiff or claimant and the defendant or respondent shall each designate a person licensed in the same profession as the defendant or respondent within 21 days of such party's receipt of notice of the convening of the screening panel. The parties shall jointly designate a person licensed in the same profession as the defendant or respondent within 14 days after the individual designations have been made. If the parties are unable to jointly select a professional licensee within such 14 days, the judge of the district court shall select such professional licensee.
History:
L. 1987, ch. 214, § 3; L. 1999, ch. 57, § 56; L. 2008, ch. 80, § 2; L. 2010, ch. 135, § 190; L. 2012, ch. 67, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3504 Organization and conduct of meetings; rules by supreme court.

60-3504.
Organization and conduct of meetings; rules by supreme court.
The screening panel shall convene with notice in writing to all parties and their counsel and shall decide, after consideration of any records or evidence available and the contentions of the parties, whether there was a departure from the standard practice of the profession involved and whether a causal relationship existed between the damages suffered by the claimant and any such departure. The screening panel shall give notice, organize and conduct its meetings in accordance with rules of procedure adopted by the supreme court of Kansas to govern notice, organization and conduct of such meetings, except strict adherence of the rules of procedure and evidence applicable in civil cases shall not be required. All meetings of the screening panel shall be held in camera.
History:
L. 1987, ch. 214, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3505 Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility of screening panel report and subpoena of panel members in subsequent legal proceedings.

60-3505. Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility of screening panel report and subpoena of panel members in subsequent legal proceedings.
(a) Within 180 days after the screening panel is commenced, such panel shall make written recommendations on the issue of whether the professional licensee departed from the standard of conduct in a way which caused the plaintiff or claimant damage. A concurring or dissenting member of the screening panel may file a written concurring or dissenting opinion. All written opinions shall be supported by corroborating references to published literature and other relevant documents.
(b) The screening panel shall notify all parties when its determination is to be handed down, and, within seven days of its decision, shall provide a copy of its opinion and any concurring or dissenting opinion to each party and each attorney of record and to the judge of the district court.
(c) The written report of the screening panel shall be admissible in any subsequent legal proceeding, and either party may subpoena any and all members of the panel as witnesses for examination relating to the issues at trial.
History:
L. 1987, ch. 214, § 5; L. 1999, ch. 57, § 57; L. 2001, ch. 6, § 1; L. 2008, ch. 80, § 3; L. 2012, ch. 67, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3506 Party may file action upon rejecting panel's determination.

60-3506.
Party may file action upon rejecting panel's determination.
If one or more of the parties rejects the final determination of the screening panel, the plaintiff may proceed with the action in the district court.
History:
L. 1987, ch. 214, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3507 Immunity of members from damages.

60-3507.
Immunity of members from damages.
No member of the screening panel shall be subject to a civil action for damages as a result of any action taken or recommendation made by such member acting without malice and in good faith within the scope of such member's official capacity as a member of the screening panel.
History:
L. 1987, ch. 214, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3508 Compensation and expenses of professional licensee members; payment by parties.

60-3508.
Compensation and expenses of professional licensee members; payment by parties.
(a) Each professional licensee member of the screening panel shall be paid a total of $500 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court and, in addition thereto, reasonable travel expense. The chairperson of the panel shall be paid a total of $750 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court and, in addition thereto, reasonable travel expenses. The chairperson shall keep an accurate record of the time and expenses of all the members of the panel, and the record shall be submitted to the parties for payment with the panel's report.
(b) Costs of the panel including travel expenses and other expenses of the review shall be paid by the side in whose favor the majority opinion is written. If the panel is unable to make a recommendation, each side shall pay 1/2 the costs. Items which may be included in the taxation of costs shall be those items enumerated by K.S.A. 60-2003, and amendments thereto.
History:
L. 1987, ch. 214, § 8; L. 1991, ch. 175, § 1; L. 2008, ch. 80, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 35 - Professional Malpractice Liability Screening Panels › 60-3509 Tolling of statute of limitations.

60-3509.
Tolling of statute of limitations.
In those cases before a screening panel which have not been formalized by filing a petition in a court of law, the filing of a memorandum requesting the convening of a screening panel shall toll any applicable statute of limitations and such statute of limitations shall remain tolled until 30 days after the screening panel has issued its written recommendations.
History:
L. 1987, ch. 214, § 9; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 36 - Immunity From Liability For Volunteers › 60-3601 Immunity from liability for volunteers of certain nonprofit organizations, limitations.

60-3601.
Immunity from liability for volunteers of certain nonprofit organizations, limitations.
(a) As used in this section:
(1) "Nonprofit organization" means those nonprofit organizations exempt from federal income tax pursuant to section 501(c) of the Internal Revenue Code of 1986, as in effect on the effective date of this act.
(2) "Compensation" does not include actual and necessary expenses that are incurred by a volunteer in connection with the services that the volunteer performs for a nonprofit organization and that are reimbursed to the volunteer or otherwise paid.
(3) "Volunteer" means an officer, director, trustee or other person who performs services for a nonprofit organization but does not receive compensation, either directly or indirectly, for those services. Volunteer does not include a person who delivers health care services to patients in a medical care facility as defined in K.S.A. 65-425, and amendments thereto.
(b) If a nonprofit organization carries general liability insurance coverage, a volunteer of such organization shall not be liable for damages in a civil action for acts or omissions as such volunteer unless: (1) Such conduct constitutes willful or wanton misconduct or intentionally tortious conduct; or (2) such volunteer is required to be insured by law or is otherwise insured against such acts or omissions but, in such case, liability shall be only to the extent of the insurance coverage.
(c) If a nonprofit organization carries general liability insurance coverage, a volunteer of such organization shall not be liable for damages in a civil action for the actions or omissions of any of the officers, directors, trustees, employees or other volunteers of the nonprofit organization unless: (1) The volunteer authorizes, approves, ratifies or otherwise actively participates in the action or omission and the action or omission constitutes willful or wanton misconduct or intentionally tortious conduct; or (2) such volunteer is required to be insured by law or is otherwise insured against such acts or omissions but, in such case, liability shall be only to the extent of the insurance coverage.
(d) Nothing in this section shall be construed to affect the liability of a nonprofit organization for damages caused by the negligent or wrongful act or omission of its volunteer and a volunteer's negligence or wrongful act or omission, when acting as a volunteer, shall be imputed to the nonprofit organization for the purpose of apportioning liability for damages to a third party pursuant to K.S.A. 60-258a, and amendments thereto.
(e) The provisions of this act shall apply only to causes of action accruing on or after July 1, 1987.
History:
L. 1987, ch. 215, § 1; L. 1988, ch. 223, § 1; April 28.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 36 - Immunity From Liability For Volunteers › 60-3606 Definitions.

60-3606.
Definitions.
As used in this act: (a) "Athletic official" means a person who administers the rules of a game or sport; and
(b) "officiating" means a discretionary act or judgment by an athletic official arising out of and in the course of the game or contest.
History:
L. 1989, ch. 176, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 36 - Immunity From Liability For Volunteers › 60-3607 Immunity from liability for athletic officials in the course of officiating.

60-3607.
Immunity from liability for athletic officials in the course of officiating.
(a) An athletic official shall not be liable for damages in a civil action for ordinary negligence for the actions or omissions arising out of and in the course of officiating at an interscholastic, intercollegiate or any other amateur athletic contest being conducted by a nonprofit organization, educational institution or governmental entity. Nothing in this act shall be deemed to grant immunity to any athletic official causing damages by willful or wanton misconduct or intentionally tortious conduct.
(b) Nothing in this section shall be construed to affect the liability of a nonprofit organization, educational institution or governmental entity for damages caused by the negligent or wrongful act or omission of such athletic official and an athletic official's negligence or wrongful act or omission, when acting as an athletic official, shall be imputed to the nonprofit organization, educational institution or governmental entity for the purpose of apportioning liability for damages to a third party pursuant to K.S.A. 60-258a and amendments thereto.
History:
L. 1989, ch. 176, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 36 - Immunity From Liability For Volunteers › 60-3611 Immunity from liability for volunteers of certain nonprofit homeowners organizations; limitations.

60-3611.
Immunity from liability for volunteers of certain nonprofit homeowners organizations; limitations.
(a) As used in this section:
(1) "Nonprofit homeowners organization" means those nonprofit organizations exempt from federal income tax pursuant to section 528 of the internal revenue code of 1986, as in effect on the effective date of this act.
(2) "Compensation" does not include actual and necessary expenses that are incurred by a volunteer in connection with the services that the volunteer performs for a nonprofit homeowners organization and that are reimbursed to the volunteer or otherwise paid.
(3) "Volunteer" means an officer, director, trustee or other person who performs services for a nonprofit homeowners organization but does not receive compensation, either directly or indirectly, for those services.
(b) A volunteer of a nonprofit homeowners organization shall not be liable for damages in a civil action for acts or omissions as such volunteer unless: (1) Such conduct constitutes willful or wanton misconduct or intentionally tortious conduct; or (2) such volunteer is required to be insured by law or is otherwise insured against such acts or omissions but, in such case, liability shall be only to the extent of the insurance coverage.
(c) A volunteer of a nonprofit homeowners organization shall not be liable for damages in a civil action for the actions or omissions of any of the officers, directors, trustees, employees or other volunteers of the nonprofit organization unless: (1) The volunteer authorizes, approves, ratifies or otherwise actively participates in the action or omission and the action or omission constitutes willful or wanton misconduct or intentionally tortious conduct; or (2) such volunteer is required to be insured by law or is otherwise insured against such acts or omissions but, in such case, liability shall be only to the extent of the insurance coverage.
(d) Nothing in this section shall be construed to affect the liability of a nonprofit homeowners organization for damages caused by the negligent or wrongful act or omission of its volunteer and a volunteer's negligence or wrongful act or omission, when acting as a volunteer, shall be imputed to the nonprofit homeowners organization for the purpose of apportioning liability for damages to a third party pursuant to K.S.A. 60-258a, and amendments thereto.
(e) The provisions of this section shall apply only to causes of action accruing on or after July 1, 1996.
History:
L. 1996, ch. 115, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 36 - Immunity From Liability For Volunteers › 60-3614 Immunity from liability for offenders performing community service work; limitations.

60-3614.
Immunity from liability for offenders performing community service work; limitations.
(a) If an adult offender or juvenile offender has been sentenced to perform community service work by the court, and such offender is performing such services for a governmental entity, private not-for-profit corporation, or charitable or social service organization, such governmental entity, private not-for-profit corporation, or charitable or social service organization or any employee or volunteer of such entities shall not be liable for damages in a civil action for injuries suffered by such offender or for acts or omissions by such offender unless such governmental entity, private not-for-profit corporation, or charitable or social service organization or any employees or volunteers of such entities actions constitute willful or wanton misconduct or intentionally tortious conduct. The provisions of this section shall not apply to damages arising from the operation of a motor vehicle as defined by K.S.A. 40-3103, and amendments thereto.
(b) As used in this section, "community service work" means public or community service performed by a person (1) as a result of a contract of diversion or immediate intervention entered into by such person as authorized by law, (2) pursuant to the assignment of such person by a court to a community corrections program, (3) as a result of suspension of sentence or as a condition of probation pursuant to court order, (4) in lieu of a fine imposed by court order or (5) as a condition of placement ordered by a court pursuant to K.S.A. 38-2361, and amendments thereto.
History: L. 2005, ch. 139, § 1; L. 2006, ch. 169, § 139; January 1, 2007.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 37 - Punitive And Exemplary Damages › 60-3703 Filing an amended pleading to claim punitive damages.

60-3703.
Filing an amended pleading to claim punitive damages.
No tort claim or reference to a tort claim for punitive damages shall be included in a petition or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim pursuant to K.S.A. 60-209, and amendments thereto. The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed on or before the date of the final pretrial conference held in the matter.
History:
L. 1988, ch. 209, § 4; L. 1992, ch. 307, § 4; L. 1997, ch. 173, § 33; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 39 - Standards Of Liability Of Members Of Certain Professions To Financial Institutions › 60-3901 Standards of liability of certified public accountants and attorneys to financial institutions.

60-3901.
Standards of liability of certified public accountants and attorneys to financial institutions.
(a) Unless otherwise agreed in writing, certified public accountants, licensed in accordance with article 3 of chapter 1 of the Kansas Statutes Annotated, and their firms, officers, directors, agents, servants and employees, while acting in the course and scope of providing accounting, auditing, consulting and other professional services to financial institutions authorized to do business or doing business in the state of Kansas, shall have no greater duty of professional responsibility to the institution, its shareholders, depositors, customers, creditors or insurers than that required of certified public accountants by generally accepted accounting principles (GAAP) and generally accepted auditing standards (GAAS) as provided by K.A.R. 74-5-202 and 74-5-203 and amendments thereto.
(b) Unless otherwise agreed in writing, attorneys licensed to practice law in this state and their firms, including employees thereof, acting in the course and scope of providing legal services to financial institutions authorized to do business or doing business in the state of Kansas, shall have no greater duty of professional responsibility to the institution, its shareholders, depositors, customers, creditors or insurers than that required of attorneys under state law.
(c) This section is declaratory of and codifies existing Kansas law and policy.
(d) This section shall apply to all claims or causes of action based on Kansas state law seeking to recover money damages from any person or entity covered within the scope of this section which are filed in any court of competent jurisdiction.
History:
L. 1993, ch. 235, § 1; April 29.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 39 - Standards Of Liability Of Members Of Certain Professions To Financial Institutions › 60-3902 Same; severability.

60-3902.
Same; severability.
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 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. 1993, ch. 235, § 2; April 29.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 40 - Assumption Of Risk Of Domestic Animal Activity › 60-4002 Affirmative defense of assumption of risk.

60-4002.
Affirmative defense of assumption of risk.
Except as provided in K.S.A. 60-4003, any participant is assuming the inherent risks of domestic animal activities when such participant engages in a domestic animal activity. The domestic animal activity sponsor or domestic animal professional, pursuant to K.S.A. 60-208, and amendments thereto, shall plead an affirmative defense of assumption of risk by the participant.
History:
L. 1994, ch. 290, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 40 - Assumption Of Risk Of Domestic Animal Activity › 60-4003 Same; limitations.

60-4003.
Same; limitations.
(a) Nothing in K.S.A. 60-4002 shall prevent or limit the liability of a domestic animal activity sponsor, a domestic animal professional or any other person if the domestic animal activity sponsor, domestic animal professional or person:
(1) (A) Provided the equipment or tack, which was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or
(B) provided the domestic animal and failed to make a reasonable effort to determine the ability of the participant to manage the particular domestic animal based on the participant's representations of such participant's ability;
(2) owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous condition which was known to the domestic animal activity sponsor, domestic animal professional or person and not made known to the participant;
(3) commits an act or omission that falls below the standard of care of a reasonable domestic animal activity sponsor, domestic animal professional or other person engaged in domestic animal activities in the same locality; or
(4) injures the participant by willful, wanton or intentional conduct.
(b) Nothing in K.S.A. 60-4002 shall prevent or limit the liability of a domestic animal activity sponsor or a domestic animal professional under liability provisions set forth in the products liability laws or under liability provisions of article 4 of chapter 29 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1994, ch. 290, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 40 - Assumption Of Risk Of Domestic Animal Activity › 60-4004 Posting warning notices, specifications; contract language requirements.

60-4004.
Posting warning notices, specifications; contract language requirements.
(a) Every domestic animal professional shall post and maintain signs which contain the warning notice specified in subsection (b). Such signs shall be placed in a clearly visible location on or near stables, corrals, boarding areas, or arenas where the professional conducts domestic animal activities if such stables, corrals, boarding areas or arenas are owned, managed or controlled by the equine professional. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a domestic animal professional for the providing of professional services, instruction or the rental of equipment or tack or a domestic animal to a participant, whether or not the contract involves domestic animal activities on or off the location or site of the domestic animal professional's business, shall contain in clearly readable print the warning notice and language specified in subsections (b) and (c).
(b) The signs and contracts described in subsection (a) shall contain the following warning notice:
WARNING
Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of participating in this domestic animal activity.
(c) The contracts described in subsection (a) shall contain the following language:
Inherent risks of domestic animal activities include, but shall not be limited to:
(1) The propensity of a domestic animal to behave in ways i.e., running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them;
(2) the unpredictability of a domestic animal's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the domestic animal or not acting within such participant's ability.
History:
L. 1994, ch. 290, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4101 Citation of act.

60-4101. Citation of act.
K.S.A. 60-4101 through 60-4126 and K.S.A. 2023 Supp. 60-4127, and amendments thereto, shall be known and may be cited as the Kansas standard asset seizure and forfeiture act.
History:
L. 1994, ch. 339, § 1; L. 2018, ch. 26, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4103 Jurisdiction and venue.

60-4103. Jurisdiction and venue.
(a) The district court has jurisdiction under this act over:
(1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; or
(2) the interest of an owner or interest holder in the property if the owner or interest holder is subject to personal jurisdiction in this state.
(b) (1) In addition to the venue provided for under any other provision of law, a proceeding for forfeiture under this act may be commenced and maintained in the county in which any part of the property is found or in the county in which a civil or criminal action could be commenced and maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture.
(2) (A) Except as provided in subsection (b)(2)(B), any proceeding for forfeiture brought by the attorney general may be commenced and maintained in:
(i) Any county in which there is proper venue as provided in subsection (b)(1) or any other provision of law; or
(ii) Shawnee county unless a motion to change venue is properly filed with the court not later than 20 days after service of the petition commencing such proceeding. If such motion to change venue is properly filed, the court shall transfer the proceeding to another county in which there is proper venue as provided in subsection (b)(1) or any other provision of law.
(B) If a proceeding for forfeiture is brought by the attorney general and involves property, law enforcement agencies, or owners or interest holders of property in multiple counties, such proceeding may be commenced and maintained in:
(i) Shawnee county; or
(ii) any county in which there is proper venue as provided in subsection (b)(1) or any other provision of law.
History:
L. 1994, ch. 339, § 3; L. 2013, ch. 25, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4105 Property subject to forfeiture.

60-4105. Property subject to forfeiture.
The following property is subject to forfeiture:
(a) Property described in a statute authorizing forfeiture;
(b) except as otherwise provided by law, all property, of every kind, including, but not limited to, cash and negotiable instruments and the whole of any lot or tract of land and any appurtenances or improvements to real property that is either:
(1) Furnished or intended to be furnished by any person in an exchange that constitutes conduct giving rise to forfeiture; or
(2) used or intended to be used in any manner to facilitate conduct giving rise to forfeiture, including, but not limited to, any electronic device, computer, computer system, computer network or any software or data owned by the defendant which is used during the commission of an offense listed in K.S.A. 60-4104, and amendments thereto;
(c) all proceeds of any conduct giving rise to forfeiture;
(d) all property of every kind, including, but not limited to, cash and negotiable instruments derived from or realized through any proceeds which were obtained directly or indirectly from the commission of an offense listed in K.S.A. 60-4104, and amendments thereto;
(e) all weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture;
(f) ownership or interest in real property that is a homestead, to the extent the homestead was acquired with proceeds from conduct giving rise to forfeiture;
(g) contraband, which shall be seized and summarily forfeited to the state without regard to the procedures set forth in this act;
(h) all controlled substances, raw materials, controlled substance analogs, counterfeit substances, or imitation controlled substances that have been manufactured, distributed, dispensed, possessed, or acquired in violation of the laws of this state; and
(i) any items bearing a counterfeit mark.
History:
L. 1994, ch. 339, § 5; L. 2000, ch. 62, § 3; L. 2006, ch. 149, § 10; L. 2006, ch. 183, § 8; L. 2011, ch. 30, § 224; L. 2013, ch. 123, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4111 Claims.

60-4111. Claims.
(a) Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailed to the seizing agency and to the plaintiff's attorney by certified mail, return receipt requested, within 60 days after the effective date of notice of pending forfeiture.
(b) The claim shall be signed by the claimant under penalty of perjury, K.S.A. 21-5903, and amendments thereto, and shall set forth the following:
(1) The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint, the name of the claimant, and the name of the plaintiff's attorney who authorized the notice of pending forfeiture or complaint;
(2) the address where the claimant will accept mail;
(3) the nature and extent of the claimant's interest in the property; and
(4) a detailed description of when and how the claimant obtained an interest in the property.
(c) Substantial compliance with subsection (b) shall be deemed sufficient.
(d) It is permissible to assert the right against self-incrimination in a claim. If a claimant asserts the right, the court, in the court's discretion, may draw an adverse inference from the assertion against the claimant. The adverse inference shall not, by itself, be the basis of a judgment against the claimant.
History:
L. 1994, ch. 339, § 11; L. 2011, ch. 30, § 225; L. 2018, ch. 26, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4115 Substituted assets and supplemental remedies.

60-4115.
Substituted assets and supplemental remedies.
(a) The court shall order the forfeiture of any other property of an owner or in personam defendant, up to the value of that owner's or defendant's property found by the court to be subject to forfeiture under this act, if any of the owner's or defendant's forfeitable property:
(1) Cannot be located;
(2) has been transferred or conveyed to, sold to, or deposited with a third party;
(3) is beyond the jurisdiction of the court;
(4) has been substantially diminished in value while not in the actual physical custody of the court, the seizing agency, the plaintiff's attorney, or their designee;
(5) has been commingled with other property that cannot be divided without difficulty;
(6) is subject to any interest of another person which interest is exempt from forfeiture under this act; or
(7) is exempt from forfeiture due to a constitutional or statutory provision.
(b) In addition to any other remedy provided for by law, if a forfeiture lien or notice of pending forfeiture has been filed and notice given pursuant to K.S.A. 60-4109, or if a complaint alleging conduct giving rise to forfeiture has been filed and notice given pursuant to such K.S.A. 60-4109 or other applicable rule of civil procedure, the plaintiff's attorney may institute an action in the district court against any person with notice or actual knowledge who destroys, conveys, alienates, encumbers, further encumbers, disposes of, purchases, receives, removes from the jurisdiction of the court, conceals, or otherwise renders unavailable for forfeiture property alleged to be subject to forfeiture in the forfeiture lien, notice of pending forfeiture, or complaint. In such case, the court shall enter a final judgment in an amount equal to the value of the lien not to exceed the fair market value of the property, or, if the property is alleged to be subject to forfeiture, in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees. If a civil proceeding under this act is pending in court, the action shall be heard by such court.
History:
L. 1994, ch. 339, § 15; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4119 Immunity orders.

60-4119. Immunity orders.
(a) If a person is or may be called to produce evidence at a deposition, hearing or trial under this act or at an investigation brought by the attorney under K.S.A. 60-4118, and amendments thereto, the district court for the county in which the deposition, hearing, trial, or investigation is or may be held, upon certification in writing of a request of the county or district attorney for the county, or the attorney general, shall issue an order, ex parte or after a hearing, requiring the person to produce evidence, notwithstanding that person's refusal to do so on the basis of the privilege against self-incrimination.
(b) The county or district attorney, or the attorney general, may certify in writing a request for an ex parte order under this section if in such attorney's judgment:
(1) The production of the evidence may be necessary to the public interest; and
(2) the person has refused or is likely to refuse to produce evidence on the basis of such person's privilege against self-incrimination.
(c) If a person refuses, on the basis of such person's privilege against self-incrimination, to produce evidence in any proceeding described in this act, and the presiding officer informs the person of an order issued under this section, the person may not refuse to comply with the order. The person may be compelled or punished by the district court issuing an order for civil or criminal contempt.
(d) The production of evidence compelled by order issued under this section, and any information directly or indirectly derived from such evidence, may not be used against the person in a subsequent criminal case, except in a prosecution for perjury, K.S.A. 21-5903, and amendments thereto, making false writing, K.S.A. 21-5824, and amendments thereto, or an offense otherwise involving a failure to comply with the order. Nothing in this subsection shall be interpreted as preventing the use in a criminal action any evidence lawfully obtained independently of these procedures.
History:
L. 1994, ch. 339, § 19; L. 2006, ch. 183, § 11; L. 2011, ch. 30, § 227; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4120 Statute of limitations.

60-4120.
Statute of limitations.
A civil action under this act shall be commenced within five years after the last conduct giving rise to forfeiture or the cause of action became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement, or during which criminal proceedings relating to the same conduct are pending.
History:
L. 1994, ch. 339, § 20; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4121 Summary forfeiture of controlled substances.

60-4121.
Summary forfeiture of controlled substances.
Controlled substances which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this act an order forfeiting any controlled substance involved in the offense to the extent of the defendant's interest.
History:
L. 1994, ch. 339, § 21; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4122 Collateral action.

60-4122.
Collateral action.
No person claiming an interest in property subject to forfeiture may commence or maintain any action against a seizing agency concerning the validity of the alleged interest other than provided in this act.
History:
L. 1994, ch. 339, § 22; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4123 Statutory construction.

60-4123.
Statutory construction.
The provisions of this act shall be liberally construed to effectuate its remedial purposes. Civil remedies under this act shall be supplemental and not mutually exclusive. Such civil remedies do not preclude and are not precluded by any other provision of law.
History:
L. 1994, ch. 339, § 23; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4124 Uniformity of application.

60-4124.
Uniformity of application.
(a) The provisions of this act shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of this act among states enacting the act.
(b) The attorney general is authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any state to effectuate the purposes of this act.
(c) The provisions of this act shall apply when the act or acts giving rise to forfeiture occur after the effective date of this act.
History:
L. 1994, ch. 339, § 24; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4125 Severability clause.

60-4125.
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 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. 1994, ch. 339, § 25; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 41 - Asset Seizure And Forfeiture › 60-4126 Placement of act; applicability of rules of evidence.

60-4126.
Placement of act; applicability of rules of evidence.
This act shall be part of and supplemental to Chapter 60 of the Kansas Statutes Annotated, and amendments thereto, the code of civil procedure. Unless otherwise provided, the rules of evidence shall apply.
History:
L. 1994, ch. 339, § 26; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 42 - Immunity From Liability For Architects And Engineers › 60-4201 Architects and engineers; immunity from liability in certain circumstances.

60-4201.
Architects and engineers; immunity from liability in certain circumstances.
(a) An architect, defined and licensed under K.S.A. 74-7003 et seq. and amendments thereto, or professional engineer, defined and licensed under K.S.A. 74-7003 et seq. and amendments thereto, who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared national, state or local emergency caused by a tornado, flood or other natural disaster at the request of a public official, public safety officer or city or county building inspector acting in an official capacity shall not be liable in negligence for any personal injury or property damage caused by the architect's or engineer's good faith but negligent inspection of a structure used for human habitation or a structure owned by a public entity for structural integrity or nonstructural elements affecting life and safety.
(b) The immunity provided by this section shall apply only for an inspection that occurs within 90 days of the disaster. Nothing in this section shall provide immunity for gross negligence or willful misconduct.
History:
L. 1994, ch. 167, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 44 - Prevention Of Assisted Suicide › 60-4401 Citation of act.

60-4401.
Citation of act.
K.S.A. 60-4401 through 60-4407, and amendments thereto, shall be known and may be cited as the "prevention of assisted suicide act."
History:
L. 1998, ch. 142, § 1; July 1.