reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1211 Liability of employer for payment of wages and overtime compensation; assignment of wage claim to secretary of human resources; attorney fees and costs.

44-1211.
Liability of employer for payment of wages and overtime compensation; assignment of wage claim to secretary of human resources; attorney fees and costs.
(a) On and after January 1, 1978, any employer who pays an employee less than the wages and overtime compensation to which such employee is entitled, under or by virtue of K.S.A. 44-1201 to 44-1213, inclusive, shall be liable to such employee affected for the full amount of such wages and overtime compensation, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney fees as may be allowed by the court in an action for the recovery of such wages and overtime compensation. Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action. Such action may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of such employee or employees.
(b) On and after January 1, 1978, at the written request of any employee who has been paid less than the amount to which he or she is entitled under the provisions of this act, the secretary may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorneys' fees as may be allowed by the court. The secretary in case of suit shall have power to join various claimants against the same employer in one action.
History:
L. 1977, ch. 179, § 13; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1212 Other laws more favorable to employees not affected until specifically superseded.

44-1212.
Other laws more favorable to employees not affected until specifically superseded.
On and after January 1, 1978, any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this state on the effective date of this act which are more favorable to employees than those applicable hereunder shall not be deemed to be amended, rescinded or otherwise affected by K.S.A. 44-1201 to 44-1213, inclusive, but shall continue in full force and effect until they are specifically superseded by standards more favorable to such employees by operation of or in accordance with K.S.A. 44-1201 to 44-1213, inclusive, or rules and regulations adopted hereunder.
History:
L. 1977, ch. 179, § 14; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 12 - Minimum Wage And Maximum Hours › 44-1213 Right of employees to bargain collectively not affected.

44-1213.
Right of employees to bargain collectively not affected.
Nothing in K.S.A. 44-1201 to 44-1213, inclusive, shall be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively with their employers, through representatives of their own choosing, in order to establish wages or other conditions of work in excess of the applicable minimum requirements of K.S.A. 44-1201 to 44-1213, inclusive.
History:
L. 1977, ch. 179, § 15; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1401 Citation of act.

44-1401.
Citation of act.
K.S.A. 44-1401 through 44-1408 and amendments thereto shall be known and may be cited as the neighborhood improvement and youth employment act.
History: L. 1994, ch. 264, § 1; Revived and amended, L. 1996, ch. 245, § 1; May 23.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1402 Grants for youth employment.

44-1402.
Grants for youth employment.
In accordance with appropriation acts, the secretary of commerce shall provide grants to eligible administrative entities, as described in K.S.A. 44-1403, and amendments thereto, for the purpose of establishing and carrying out programs that provide employment opportunities during the summer months and after school to individuals through payments for labor and related costs associated with the repair, maintenance and renovation of essential community facilities and for labor and related costs associated with assisting with community services and working with low-income senior citizens. In the alternative, if the eligible entity is a private business, such entity may provide employment opportunities that would provide the youth with meaningful and valuable work experiences other than such community services and assistance. Such private business shall specifically stipulate in the grant application what would be such work experience.
History: L. 1994, ch. 264, § 2; Revived and amended, L. 1996, ch. 245, § 2; L. 1998, ch. 73, § 1; L. 2004, ch. 179, § 85; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1403 Same; eligible entity defined; private businesses, additional requirement.

44-1403.
Same; eligible entity defined; private businesses, additional requirement.
For purposes of this act, "eligible entity" means:
(a) A unit of local government, a nonprofit private organization, a native American Indian tribe, or private business which agrees to perform the following:
(1) Submit a plan to provide summer and after school employment opportunities for qualified youth;
(2) assign an officer or employee of the entity or a tribal or organization member to serve as a mentor or advisor to each youth employed by the entity pursuant to this act; and
(3) abide by such guidelines as may be required by the secretary.
(b) A private business must further agree to pay at least 50% of the wages and related fringe benefits of the youths it employs pursuant to this act.
History: L. 1994, ch. 264, § 3; Revived, L. 1996, ch. 245, § 3; May 23.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1404 Same; required uses of grants; limitation on costs of administering and acquiring equipment.

44-1404.
Same; required uses of grants; limitation on costs of administering and acquiring equipment.
(a) Except as provided in subsection (b), the secretary may not make a grant under K.S.A. 44-1402 and amendments thereto to an eligible entity, other than a private business, unless the entity agrees that such entity will use all amounts received from such grant to establish and carry out a program to provide wages and related employment benefits to eligible individuals described in subsections (a) and (b) of K.S.A. 44-1405 and amendments thereto for the purpose of employing such individuals to repair, maintain or renovate essential community facilities that are located within the eligible jurisdiction that the entity serves.
(b) Not more than 10% of amounts received from a grant under K.S.A. 44-1402 and amendments thereto for any fiscal year may be used for the cost of administration and the acquisition of supplies, tools and other equipment.
History: L. 1994, ch. 264, § 4; Revived and amended, L. 1996, ch. 245, § 4; May 23.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1405 Same; school attendance and income eligibility guidelines.

44-1405.
Same; school attendance and income eligibility guidelines.
An individual shall be eligible to participate in a program described in subsection (a) of K.S.A. 44-1404, and amendments thereto, only if the individual is attending school and of legal age to be employed and meets the income eligibility guidelines established by the secretary of commerce.
History: L. 1994, ch. 264, § 5; Revived and amended, L. 1996, ch. 245, § 5; L. 1998, ch. 73, § 2; L. 2004, ch. 179, § 86; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1406 Discrimination prohibited.

44-1406.
Discrimination prohibited.
No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any program described in subsection (a) of K.S.A. 44-1404 and amendments thereto because of race, color, religion, sex, national origin, age, disability or political affiliation or belief.
History: L. 1994, ch. 264, § 6; Revived and amended, L. 1996, ch. 245, § 6; May 23.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1407 Maintenance of expenditure level by nonbusiness entities.

44-1407.
Maintenance of expenditure level by nonbusiness entities.
The secretary may not make a grant under K.S.A. 44-1402 and amendments thereto to an eligible entity, except a private business, unless the entity agrees that it will maintain its aggregate expenditures from all other sources for employing individuals to repair, maintain or renovate essential community facilities at or above the average level of such expenditures in the two fiscal years preceding the date on which the entity submits an application under K.S.A. 44-1403 and amendments thereto to the secretary.
History: L. 1994, ch. 264, § 7; Revived and amended, L. 1996, ch. 245, § 7; May 23.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1408 Report of activities to legislature.

44-1408.
Report of activities to legislature.
The secretary shall annually submit a report to the house new economy committee and the senate commerce committee detailing the manner in which funds were spent pursuant to K.S.A. 44-1401 et seq., and amendment thereto. Such report shall include the nature of the work performed by participating youths, the percentage of funds expended for administrative expenses, findings on the educational, criminal and occupational disposition of participating youths and an evaluation of the program as a whole including a recommendation concerning continuation of the program. The report to the house new economy committee and the senate commerce committee under this section shall be made by the secretary either (a) by publishing such report on the internet and by notifying each member of the committee that the report is available and providing, as part of such notice, the uniform resource locator (URL) at which such report is available, or (b) by submitting copies of such report on CD-ROM or other electronically readable media to such committees.
History: L. 1994, ch. 264, § 8; Revived and amended, L. 1996, ch. 245, § 8; L. 1998, ch. 73, § 3; L. 2002, ch. 151, § 1; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 14 - Neighborhood Improvement And Youth Employment › 44-1409 Guidelines, adoption by secretary of commerce.

44-1409.
Guidelines, adoption by secretary of commerce.
The secretary of commerce may adopt guidelines to effectuate the purpose of this act, however, such guidelines shall not be considered rules and regulations as defined in K.S.A. 77-415, and amendments thereto.
History:
L. 1994, ch. 264, § 9; Revived, L. 1996, ch. 245, § 9; L. 2004, ch. 179, § 87; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1518 Service of process; subpoenas.

44-1518.
Service of process; subpoenas.
(a) By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state. Service on the secretary of state of any process, notice or demand against the athlete agent shall be made by delivering to the secretary of state by personal service or by certified mail, the original and two copies of the process and two copies of the petition, notice or demand, or the clerk of the court may send the original process and two copies of both the process and the petition, notice or demand directly to the secretary of state by certified mail. In the event that any such process, notice or demand is served on the secretary of state, the secretary shall immediately cause a copy of such process, notice or demand to be forwarded by certified mail, addressed to the athlete agent at such athlete agent's address as it appears in the records of the secretary of state. The secretary of state shall keep a record of all such processes, notices and demands served upon the secretary under this subsection, and shall record in the record the time of the service and the action of the secretary with reference to it. A fee of $40 shall be paid to the secretary of state by the party requesting the service of process, to cover the cost of such service of process, except the secretary of state may waive the fee for state agencies. That fee shall not be included within or paid from any deposit as security for any costs or docket fee required by K.S.A. 60-2001 or 61-4001, and amendments thereto.
(b) The secretary of state may issue subpoenas for any material that is relevant to the administration of this act. Any such information or material received by the secretary shall be treated as confidential by the secretary and shall not be open to public inspection except by court order.
History:
L. 2003, ch. 109, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1519 Athlete agents; registration required; void contracts.

44-1519.
Athlete agents; registration required; void contracts.
(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration as provided under K.S.A. 44-1521 or 44-1523, and amendments thereto.
(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if: (1) A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and
(2) within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
History:
L. 2003, ch. 109, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1522 Suspension, revocation or refusal to renew registration.

44-1522.
Suspension, revocation or refusal to renew registration.
(a) The secretary of state may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsection (b) of K.S.A. 44-1521, and amendments thereto.
(b) The secretary of state may deny, suspend, revoke or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing pursuant to the Kansas administrative procedures act.
History:
L. 2003, ch. 109, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1524 Registration and renewal fees.

44-1524.
Registration and renewal fees.
An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1) $500 for an initial application for registration;
(2) $500 for an application for registration based upon a certificate of registration or licensure issued by another state;
(3) $500 for an application for renewal of registration; or
(4) $500 for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
History:
L. 2003, ch. 109, § 9; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1525 Required form of contract.

44-1525.
Required form of contract.
(a) An agency contract must be in a record, signed or otherwise authenticated by the parties.
(b) An agency contract must state or contain: (1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(2) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;
(3) a description of any expenses that the student-athlete agrees to reimburse;
(4) a description of the services to be provided to the student-athlete;
(5) the duration of the contract; and
(6) the date of execution.
(c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
(e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution.
History:
L. 2003, ch. 109, § 10; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1526 Notice to educational institution.

44-1526.
Notice to educational institution.
(a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(b) Within 72 hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that the student-athlete has entered into an agency contract.
History:
L. 2003, ch. 109, § 11; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1527 Student-athlete's right to cancel.

44-1527.
Student-athlete's right to cancel.
(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.
(b) A student-athlete may not waive the right to cancel an agency contract.
(c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
History:
L. 2003, ch. 109, § 12; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1528 Required records.

44-1528.
Required records.
(a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent;
(2) any agency contract entered into by the athlete agent; and
(3) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.
(b) Records required by subsection (a) to be retained are open to inspection by the secretary of state during normal business hours.
History:
L. 2003, ch. 109, § 13; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1529 Criminal conduct by an athlete agent.

44-1529.
Criminal conduct by an athlete agent.
(a) Criminal conduct by an athlete agent is when: (1) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, does any of the following: (A) Gives any materially false or misleading information or makes a materially false promise or representation;
(B) furnishes anything of value to a student-athlete before the student-athlete enters into the agency contract; or
(C) furnishes anything of value to any individual other than the student-athlete or another registered athlete agent; or
(2) an athlete agent intentionally: (A) Initiates contact with a student-athlete unless registered under this act;
(B) refuses or fails to retain or permit inspection of the records required to be retained by K.S.A. 44-1528, and amendments thereto;
(C) fails to register when required by K.S.A. 44-1519, and amendments thereto;
(D) provides materially false or misleading information in an application for registration or renewal of registration;
(E) predates or postdates an agency contract; or
(F) fails to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.
(b) Criminal conduct by an athlete agent is a class A nonperson misdemeanor.
History:
L. 2003, ch. 109, § 14; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1530 Civil remedies.

44-1530.
Civil remedies.
(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this act.
(b) Damages of an educational institution under subsection (a) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this act or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.
(d) Any liability of the athlete agent or the former student-athlete under this section shall be subject to K.S.A. 60-258a, and amendments thereto.
(e) This act does not restrict rights, remedies or defenses of any person under law or equity.
History:
L. 2003, ch. 109, § 15; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1531 Administrative penalty.

44-1531.
Administrative penalty.
The secretary of state may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this act. A civil penalty owed under this section may be recovered in a civil action brought by the attorney general at the request of the secretary.
History:
L. 2003, ch. 109, § 16; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1532 Referral of violation to attorney general.

44-1532. Referral of violation to attorney general.
If the secretary of state determines that a violation of K.S.A. 44-1529, and amendments thereto, has occurred, the secretary shall refer the case to the attorney general for prosecution. On the determination of the secretary that a violation of this act is occurring or is threatened, the secretary or the attorney general may bring an action in district court in Shawnee county to enjoin the violation or threatened violation.
History:
L. 2003, ch. 109, § 17; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1533 Athlete agent registration fee fund; credits; use.

44-1533.
Athlete agent registration fee fund; credits; use.
There is hereby created in the state treasury the athlete agent registration fee fund which shall be administered by the secretary of state. All moneys credited to the athlete agent registration fee fund shall be used for the expenses incurred for the performance of the duties and functions of the secretary of state under the uniform athlete agents act. All expenditures from the athlete agent registration fee fund shall be made in accordance with the provisions of appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of state or by a person or persons designated by the secretary. Fees, civil penalties and other moneys received under this act by the secretary of state shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the athlete agent registration fee fund.
History:
L. 2003, ch. 109, § 18; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1534 Uniformity of application and construction.

44-1534.
Uniformity of application and construction.
In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to this act's subject matter among states that enact it.
History:
L. 2003, ch. 109, § 19; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 15 - Athlete Agents › 44-1536 Severability.

44-1536.
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. 2003, ch. 109, § 21; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1602 Inspections; issuance of certificates; compliance audits.

44-1602. Inspections; issuance of certificates; compliance audits.
(a) No amusement ride shall be operated in this state unless such ride has a valid certificate of inspection. An amusement ride erected in this state shall be inspected by a qualified inspector at least every 12 months.
The certificate of an inspection required by this subsection shall be signed and dated by the inspector and shall be available to any person contracting with the owner for the operation of such amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity. In addition, a visible inspection decal provided by the department or other evidence of inspection shall be posted in plain view on or near the amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity in a location where it can easily be seen.
(b) Inspections performed pursuant to this section shall be paid for by the owner of the amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity, or in the case of a state agency or political subdivision of the state, such governmental entity shall pay for the inspection.
(c) In addition to the annual inspection required by subsection (a), the operator of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall perform and record daily inspections of the ride. The daily inspection shall include an inspection of equipment identified for daily inspection in accordance with the applicable codes and the manufacturer's recommendations.
(d) The secretary shall conduct random compliance audits of amusement rides erected both at permanent locations and at temporary locations. A warning citation for violation of this act shall be issued against any owner or operator for a first violation.
(e) The secretary shall develop an inspection checklist, which shall be posted on the department's website.
History:
L. 2008, ch. 142, § 2; L. 2017, ch. 103, § 7; L. 2018, ch. 84, § 5; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1603 Records, maintenance.

44-1603. Records, maintenance.
The owner of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall retain at all times current records relating to the construction, repair and maintenance of its operation, including safety, inspection, maintenance records and ride operator training activities for such ride. Such records shall be available to any person contracting with the owner for the operation of such ride, and shall be made available to the department at reasonable times, including during an inspection upon the department's request. Records of daily inspections must be available for inspection at the location where the ride or device is operated. All records must be maintained for a period of three years.
History:
L. 2008, ch. 142, § 3; L. 2017, ch. 103, § 8; L. 2018, ch. 84, § 6; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1604 Compliance with ASTM standards; testing of amusement rides.

44-1604. Compliance with ASTM standards; testing of amusement rides.
(a) Amusement rides shall be constructed, maintained, operated and repaired in accordance with ASTM standards adopted by the ASTM international F24 committee, as published in ASTM international standards volume 15.07.
(b) No amusement ride shall be operated in this state unless nondestructive testing of the ride has been conducted in accordance with the recommendations of the manufacturer of the ride or in conformance with standards at least equivalent to those of the ASTM standards adopted by the ASTM international F24 committee, as published in ASTM international standards volume 15.07, whichever is applicable.
History:
L. 2008, ch. 142, § 4; L. 2017, ch. 103, § 9; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1605 Required training for operators, certification.

44-1605. Required training for operators, certification.
(a) No amusement ride shall be operated in this state unless the operator has satisfactorily completed training that includes, at a minimum:
(1) Instruction on operating procedures for the ride, the specific duties of the operator, general safety procedures and emergency procedures;
(2) demonstration of physical operation of the ride; and
(3) supervised observation of the operator's physical operation of the ride.
(b) No amusement ride shall be operated in this state unless the name of each operator trained to operate the ride and the certificate of each such operator's satisfactory completion of such training, signed and dated by the trainer, is available to any person contracting with the owner for the amusement ride's operation on the premises where the amusement ride is operated, during the hours of operation of the ride.
(c) No inflatable device that is rented on a regular basis and erected at a temporary location shall be operated in this state unless the operator has been trained by a person who has attained a basic inflatable safety operations certification from the safe inflatable operators training organization or other nationally recognized organization.
(d) No slide that uses water to propel the patron through the ride and that is at least 15 feet in height shall be operated in this state unless there is an attendant stationed at such slide to ensure patrons are properly adhering to the safety standards in place.
History:
L. 2008, ch. 142, § 5; L. 2018, ch. 84, § 7; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1606 Posting of safety instructions.

44-1606. Posting of safety instructions.
No amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall be operated in this state unless there is posted in plain view on or near the ride, in a location where they can be easily read, all safety instructions for the ride.
History:
L. 2008, ch. 142, § 6; L. 2018, ch. 84, § 8; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1607 Patrons of amusement rides, acceptance of risk, duties.

44-1607. Patrons of amusement rides, acceptance of risk, duties.
(a) Each patron of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity, by participation, accepts the risks inherent in such participation of which an ordinary prudent person is or should be aware.
(b) Each patron of a ride has a duty to:
(1) Exercise the judgment and act in the manner of an ordinary prudent person while participating in a ride;
(2) obey all instructions and warnings, written or oral, prior to and during participation in a ride;
(3) refrain from participation in a ride while under the influence of alcohol or drugs;
(4) engage all safety devices that are provided;
(5) refrain from disconnecting or disabling any safety device except at the express direction of the owner's agent or employee; and
(6) refrain from extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee.
(c) Any parent or guardian of a patron shall have a duty to reasonably ensure that the patron complies with all provisions of this act.
History:
L. 2008, ch. 142, § 7; L. 2017, ch. 103, § 10; L. 2018, ch. 84, § 9; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1608 Contracting for operation of amusement ride, requirements.

44-1608. Contracting for operation of amusement ride, requirements.
Any person contracting with an owner for the operation of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall ensure that:
(a) Inspection certificates required by K.S.A. 44-1602, and amendments thereto, are available;
(b) maintenance and inspection records required by K.S.A. 44-1603, and amendments thereto, are available; and
(c) safety instructions for the ride are posted as required by K.S.A. 44-1606, and amendments thereto.
History:
L. 2008, ch. 142, § 8; L. 2018, ch. 84, § 10; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1609 Occurrence of serious injury.

44-1609. Occurrence of serious injury.
Whenever a serious injury results from the operation of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity:
(a) Operation of the ride shall immediately be discontinued;
(b) operation of the ride shall not be resumed until it has been inspected and the qualified inspector has approved resumption of operation; and
(c) the owner, within 30 days after the injury, shall notify the manufacturer of the ride, if the manufacturer is known and in existence at the time of the injury.
History:
L. 2008, ch. 142, § 9; L. 2018, ch. 84, § 11; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1610 Penalties for violation of act.

44-1610. Penalties for violation of act.
(a) It is a class B misdemeanor for an owner or operator of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity knowingly to operate, or cause or permit to be operated, any amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity without a valid permit issued by the secretary.
(b) A notice of violation may be issued by the department when an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism acitivity is found to be out of compliance with the provisions of this act, or any rules or regulations adopted pursuant thereto. The notice of violation may include an order to cease and desist operation of the specific ride until all violations are satisfactorily corrected.
(c) Within 10 business days after a notice of violation has been issued, the person issued such notice may file a written request with the department for an informal conference regarding the notice. If the person issued the notice of violation does not request an informal conference within this time frame, all provisions of the notice shall become final. If the notice of violation is not resolved within the prescribed time frame, the department may seek judicial enforcement of the notice of violation, or an enforcement order may be issued.
(d) The secretary may impose a fine of not more than $1,000 for any violation of the provisions of this act, or any rules or regulations adopted pursuant thereto. All fines received by the secretary pursuant to this section shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the amusement ride safety fund.
(e) Each day a violation continues shall constitute a separate offense.
(f) The provisions of this section shall be subject to the Kansas administrative procedure act.
History:
L. 2008, ch. 142, § 10; L. 2017, ch. 103, § 11; L. 2018, ch. 84, § 12; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1611 Same; action to enjoin operation of ride.

44-1611. Same; action to enjoin operation of ride.
The attorney general, or the county or district attorney in a county in which an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity is located or operated, may apply to the district court for an order enjoining operation of any amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity operated in violation of this act.
History:
L. 2008, ch. 142, § 11; L. 2018, ch. 84, § 13; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1612 Local regulation of amusement rides.

44-1612. Local regulation of amusement rides.
The governing body of any city or county may establish and enforce safety standards for amusement rides, antique amusement ride*, limited-use amusement rides or registered agritourism activities in addition to, but not in conflict with, the standards established by this act.
History:
L. 2008, ch. 142, § 12; L. 2018, ch. 84, § 14; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1613 Kansas amusement ride act; citation of act.

44-1613. Kansas amusement ride act; citation of act.
The provisions of K.S.A. 44-1601 through 44-1619, and 44-1620, and amendments thereto, shall be known as the Kansas amusement ride act.
History:
L. 2009, ch. 71, § 1; L. 2012, ch. 123, § 3; L. 2017, ch. 103, § 12; L. 2018, ch. 84, § 15; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1614 Same; rules and regulations.

44-1614. Same; rules and regulations.
(a) The secretary of labor shall adopt rules and regulations necessary to implement provisions of the Kansas amusement ride act, K.S.A. 44-1601 et seq., and amendments thereto.
(b) (1) On or before January 1, 2018, the secretary shall adopt rules and regulations necessary to implement the amendments made to the Kansas amusement ride act, K.S.A. 44-1601 et seq., and amendments thereto, and the amusement ride insurance act, K.S.A. 40-4801 et seq., and amendments thereto, by this act.
(2) The secretary shall adopt rules and regulations specifying nationally recognized organizations that issue certifications or other evidence of qualification to inspect amusement rides, and that require education, experience and training at least equivalent to that required for a level I certification from NAARSO as of July 1, 2017.
(3) All references to the American society for testing and materials (ASTM) standards shall be to those standards developed by the ASTM international F24 committee, as published in ASTM international standards volume 15.07, or any later version adopted by the secretary in rules and regulations.
History:
L. 2009, ch. 71, § 3; L. 2012, ch. 123, § 4; L. 2017, ch. 103, § 13; L. 2018, ch. 84, § 16; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1617 Amusement ride safety fund.

44-1617. Amusement ride safety fund.
There is hereby established in the state treasury the amusement ride safety fund, which shall be administered by the department of labor. The amusement ride safety fund shall consist of those moneys credited to the amusement ride safety fund pursuant to K.S.A. 44-1610, and amendments thereto, and K.S.A. 44-1616 and 44-1620, and amendments thereto. All expenditures from the amusement ride safety fund shall be for the administration and enforcement of the Kansas amusement ride act, and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary, or the secretary's designee.
History:
L. 2017, ch. 103, § 2; L. 2018, ch. 84, § 18; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1619 Enforcement of act; opportunity to comply with act.

44-1619. Enforcement of act; opportunity to comply with act.
The provisions of this act shall not be enforced by the secretary prior to the date of publication of the rules and regulations adopted by the secretary pursuant to K.S.A. 44-1614(b), and amendments thereto. Prior to taking any action pursuant to K.S.A. 44-1610, and amendments thereto, the secretary shall provide the owner or operator of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity a reasonable period of time to comply with the provisions of K.S.A. 44-1601 et seq., and amendments thereto, and K.S.A. 40-4801 et seq., and amendments thereto.
History:
L. 2017, ch. 103, § 14; L. 2018, ch. 84, § 20; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 16 - Amusement Rides › 44-1620 Permit for operation of certain rides; application; owner registration; fees.

44-1620. Permit for operation of certain rides; application; owner registration; fees.
(a) No antique amusement ride, limited-use amusement ride or registered agritourism activity shall be operated in this state unless a valid permit for such ride has been issued by the department. The owner of any such ride shall make application for a permit for such ride to the secretary on such form and in such manner as prescribed by the secretary. The application for a permit shall include, but is not limited to, the following:
(1) The name of the owner and operator of the antique amusement ride, limited-use amusement ride or registered agritourism activity;
(2) the location of the ride, or the location where such ride is stored when not in use;
(3) valid certificate of inspection; and
(4) proof of insurance.
(b) Each applicant shall submit a permit fee of $50 along with the application.
(c) Upon approval of an application and receipt of the required fee, the secretary shall issue a permit for the antique amusement ride, limited-use amusement ride or registered agritourism activity. Such permit shall be valid for one year from the date of issuance. Any permit fee paid by an applicant shall be returned to the applicant if the application is denied.
(d) In addition to the permit fee required under subsection (b), no antique amusement ride, limited-use amusement ride or registered agritourism activity shall be operated in this state unless the owner of such ride has registered as an antique amusement ride, limited-use amusement ride or registered agritourism activity owner with the department. Registration shall be valid for a period of one year. The owner of an antique amusement ride, limited-use amusement ride or registered agritourism activity shall register with the department in such form and in such manner as prescribed by the secretary and by paying a registration fee of $50. The fee required under this subsection shall be an annual fee paid by the owner, regardless of the number of rides owned by such owner.
(e) All fees received by the secretary pursuant to this section shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the amusement ride safety fund.
History:
L. 2018, ch. 84, § 1; May 17.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 17 - Professional Employer Organization Registration Act › 44-1701 Citation of act.

44-1701. Citation of act.
The provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto, shall be known and may be cited as the professional employer organization registration act.
History:
L. 2012, ch. 142, § 1; January 1, 2014.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 17 - Professional Employer Organization Registration Act › 44-1705 Registration fees; fee fund.

44-1705. Registration fees; fee fund.
(a) Upon filing an initial application for registration, a professional employer organization shall pay a fee in an amount not to exceed $1,000.
(b) Upon filing a renewal application for registration, a professional employer organization shall pay a fee in an amount not to exceed $500.
(c) Upon filing an initial or a renewal application for limited registration, a professional employer organization shall pay a fee in an amount not to exceed $500.
(d) Upon filing an initial or a renewal application for registration, a professional employer group shall pay a fee in an amount determined by the commissioner and adopted by rules and regulations.
(e) The commissioner shall adopt rules and regulations establishing the fees to be charged pursuant to this section in such amounts as deemed reasonably necessary by the commissioner for the administration of the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto, subject to the limitations on fee amounts set forth in subsections (a), (b) and (c).
(f) There is hereby created the professional employer organization fee fund. The commissioner shall remit all moneys received from fees or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the professional employer organization fee fund. All expenditures from the professional employer organization fee fund shall be for the purposes of the administration of the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto, and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commissioner, or the commissioner's designee.
History:
L. 2012, ch. 142, § 5; January 1, 2014.