reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 17 - Professional Employer Organization Registration Act › 44-1706 Financial statements; forms of surety.

44-1706. Financial statements; forms of surety.
Except as provided by subsections (g) and (j) of K.S.A. 44-1704, and amendments thereto, each professional employer organization, or collectively each professional employer group shall either:
(a) Maintain positive working capital upon registration as reflected in the financial statements submitted to the commissioner with the initial registration application and each renewal application; or
(b) for a professional employer organization or professional employer group that does not have sufficient positive working capital as required in subsection (a), submit a bond, irrevocable letter of credit or securities with a minimum market value in an amount equal to the sum of the amount that would be necessary for such professional employer organization or professional employer group to comply with subsection (a) plus $100,000 to the commissioner at such time as the professional employer organization or professional employer group does not have sufficient working capital. Such bond shall be held by a depository designated by the commissioner securing payment by the professional employer organization of all taxes, wages, benefits or other entitlement due to or with respect to covered employees, if the professional employer organization does not make such payments when due.
History:
L. 2012, ch. 142, § 6; January 1, 2014.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 17 - Professional Employer Organization Registration Act › 44-1708 Retirement and benefit plan liability.

44-1708. Retirement and benefit plan liability.
A client and a professional employer organization shall each be deemed an employer under the laws of this state for purposes of sponsoring retirement and employee welfare benefit plans for its covered employees.
History:
L. 2012, ch. 142, § 8; January 1, 2014.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 17 - Professional Employer Organization Registration Act › 44-1709 Violations of the act; review; penalties.

44-1709. Violations of the act; review; penalties.
(a) It shall be a violation of the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto:
(1) For a person to knowingly offer or provide professional employer services or use the names PEO, professional employer organization, staff leasing, employee leasing, administrative employer or other title representing professional employer services without registering in accordance with K.S.A. 44-1704, and amendments thereto;
(2) for a person to knowingly provide false or fraudulent information to the commissioner in conjunction with any registration application, renewal or in any report required under the provisions of K.S.A. 44-1704 or 44-1706, and amendments thereto;
(3) for a person to knowingly make a material misrepresentation to the commissioner, or other governmental agency to which such person is required to submit a report or information;
(4) for a professional employer organization or a controlling person of a professional employer organization to be convicted of a crime:
(A) That relates to the operation of a professional employer organization;
(B) that relates to the ability of the professional employer organization or a controlling person of a professional employer organization to operate a professional employer organization; or
(C) pursuant to 18 U.S.C. § 1033; or
(5) for a person to willfully violate any provision of K.S.A. 44-1701 through 44-1711, and amendments thereto, or any rule or regulation adopted by the commissioner pursuant thereto.
(b) Upon a finding, and after notice and an opportunity for a hearing, that a professional employer organization, or a controlling person of a professional employer organization, or a person offering professional employer services has committed a violation under this section, the commissioner may:
(1) Deny the application for registration;
(2) revoke, restrict or refuse to renew a registration;
(3) impose a civil fine in an amount not to exceed $10,000 for each material violation of the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto;
(4) place the registrant on probation for such period of time and subject to such conditions as the commissioner shall specify; or
(5) issue an order to cease and desist those professional employer organization activities and services specified in such order.
(c) The provisions of this section shall be subject to the Kansas judicial review act.
History:
L. 2012, ch. 142, § 9; January 1, 2014.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 17 - Professional Employer Organization Registration Act › 44-1710 Rules and regulations.

44-1710. Rules and regulations.
The commissioner is hereby authorized to and shall adopt such rules and regulations as the commissioner deems necessary to implement and enforce the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto.
History:
L. 2012, ch. 142, § 10; January 1, 2014.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 17 - Professional Employer Organization Registration Act › 44-1711 Severability of act.

44-1711. Severability of act.
If any provision of K.S.A. 44-1701 through 44-1711, and amendments thereto, or any portion thereof, is declared invalid or unconstitutional, such invalidity shall not affect the validity or constitutionality of the remaining provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto.
History:
L. 2012, ch. 142, § 11; January 1, 2014.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1801 Citation of act.

44-1801. Citation of act.
The provisions of K.S.A. 2023 Supp. 44-1801 through 44-1820, and amendments thereto, shall be known and may be cited as the elevator safety act.
History:
L. 2022, ch. 60, § 2; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1802 Definitions.

44-1802. Definitions.
As used in K.S.A. 2023 Supp. 44-1801 through 44-1820, and amendments thereto:
(a) "Act" means the elevator safety act.
(b) "Board" means the elevator safety advisory board.
(c) (1) "Elevator" means any device for lifting or moving people, cargo or freight within, or adjacent and connected to, a structure or excavation, including, but not limited to, an escalator, power-driven stairway, moving walkway or stairway chair lift.
(2) The term "elevator" does not mean any:
(A) Amusement ride or other device subject to the Kansas amusement ride act, K.S.A. 44-1601 et seq., and amendments thereto;
(B) mining equipment;
(C) aircraft, railroad car, boat, barge, ship, truck or other self-propelled vehicle or component thereof;
(D) a dumbwaiter, conveyor, chain or bucket hoist, construction hoist or similar device used for the primary purpose of elevating or lowering materials;
(E) boiler grate stoker or other similar firing mechanism subject to the boiler safety act, K.S.A. 44-913 et seq., and amendments thereto; or
(F) lift, manlift, belt manlift, chain hoists, climb assists, special purpose personnel elevator, automated people mover or similar device in wind turbine towers, grain elevators, grain warehouses, seed processing facilities, grain processing facilities, biofuel processing facilities, feed mills, flour mills or any similar pet food, feed or agricultural commodity processing facilities.
(d) "Elevator apprentice" means an individual who works under the supervision or general direction of a licensed elevator mechanic.
(e) "Elevator contractor" means a sole proprietorship, firm, partnership, corporation or association that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators.
(f) "Elevator inspector" means an individual engaged in the business of inspecting elevators.
(g) "Elevator mechanic" means an individual engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators under the direct supervision of an elevator contractor.
(h) "Licensee" means an elevator contractor, inspector or mechanic who is licensed pursuant to this act.
History:
L. 2022, ch. 60, § 3; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1803 Application of act; exceptions.

44-1803. Application of act; exceptions.
(a) The provisions of this act shall apply to the design, construction, installation, operation, inspection, testing, maintenance, alteration and repair of elevators.
(b) The provisions of this act shall not apply to elevators that are:
(1) In or adjacent to a building or excavation owned by or under the operational control of any federal agency or located on property owned by the United States or any federally recognized native American Indian tribe;
(2) in a single family residence; or
(3) in or adjacent to a building or structure within a manufacturing, utility or other industrial facility.
(c) Any elevator described in subsection (b) shall be inspected by a licensed elevator inspector upon request by the owner or the owner's agent and payment of the inspection fee.
(d) Nothing in this act shall be construed to relieve or lessen the responsibility or liability of any individual, firm or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing or repairing any elevator for damages to a person or property caused by any defect therein, or as an assumption of any such liability or responsibility or any liability to any person for whatever reason by the state by enactment of this act or any acts or omissions arising under the provisions of this act.
History:
L. 2022, ch. 60, § 4; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1804 City and county not restricted from adopting standards that meet or exceed K.S.A. 44-1801 et seq.; annual notice to state fire marshal of such standards adopted.

44-1804. City and county not restricted from adopting standards that meet or exceed K.S.A. 44-1801 et seq.; annual notice to state fire marshal of such standards adopted.
Nothing in this act shall be construed to preempt or otherwise restrict a city or county from adopting or continuing any requirements or standards that meet or exceed those of this act and any rules and regulations adopted pursuant thereto. Any city or county that has adopted such requirements or standards shall notify the state fire marshal of such adoption on or before June 30, 2023, and on each June 30 thereafter.
History:
L. 2022, ch. 60, § 5; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1805 Certain acts prohibited unless done by a licensed elevator mechanic or inspector, exceptions; rules and regulations compliance required.

44-1805. Certain acts prohibited unless done by a licensed elevator mechanic or inspector, exceptions; rules and regulations compliance required.
(a) No individual shall erect, construct, alter, replace, maintain, remove or dismantle any elevator contained within a building or other structure in this state or wire any elevator from the mainline feeder terminals on the controller unless such individual is a licensed elevator mechanic and such individual is working under the direct supervision of a licensed elevator contractor. An elevator mechanic's license or elevator contractor's license is not required for removing or dismantling elevators that are destroyed as a result of a complete demolition of a secured building or structure, or where the hoistway or wellway is demolished back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.
(b) No individual shall inspect any elevator within a building or other structure in this state, including, but not limited to, private residences, unless such individual is a licensed elevator inspector. This subsection shall not apply to any individual employed as an elevator inspector by a city or county who performs inspections only while engaged in the performance of such individual's duties as an employee of such city or county.
(c) No individual, firm, partnership, corporation, association or other entity shall erect, alter, replace, maintain, remove, dismantle or operate any elevator in this state or construct any elevator for use in this state in violation of this act or rules and regulations adopted pursuant thereto.
(d) All elevators shall conform to the rules and regulations adopted pursuant to this act. Where any material alteration is made, the elevator shall conform to applicable requirements of the code. Nothing in this act shall be construed so as to prevent the use, sale or reinstallation of an elevator installed in this state prior to the effective date of this act, provided that such elevator has been made to conform to the rules and regulations adopted pursuant to this act and has not been found upon inspection to be in an unsafe condition or in violation of this act or rules and regulations adopted pursuant thereto.
History:
L. 2022, ch. 60, § 6; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1806 Elevator safety advisory board; membership; duties.

44-1806. Elevator safety advisory board; membership; duties.
(a) There is hereby established the elevator safety advisory board. The elevator safety advisory board shall consist of the following eleven members who shall be residents of this state:
(1) Seven members, to be appointed by the governor as follows:
(A) One representative from a major elevator manufacturing company or its authorized representative;
(B) one representative from an elevator servicing company;
(C) one representative of the architectural design or elevator consulting profession;
(D) one representative of a city or county in this state;
(E) one representative of a building owner or building manager;
(F) one representative of labor involved in the installation, maintenance and repair of elevators; and
(G) one representative from the general public;
(2) one member to be appointed by the president of the senate;
(3) one member to be appointed by the speaker of the house of representatives;
(4) the state fire marshal or the state fire marshal's designee, who shall serve ex officio; and
(5) the secretary of administration or the secretary's designee, who shall serve ex officio.
(b) Each member of the board appointed under subsections (a)(1) through (3) shall serve a term of three years or until a successor is appointed and qualified. Whenever a vacancy occurs, a successor shall be appointed in accordance with subsection (a). The members of the board shall elect one of the members to serve as chairperson.
(c) The members of the board shall serve without compensation. Members who are not state officers or employees and who are attending meetings of such committee, or attending a subcommittee meeting thereof authorized by such committee, shall be paid amounts provided in K.S.A. 75-3223(e), and amendments thereto.
(d) The board shall meet at least six times each year at a time and place to be fixed by the state fire marshal and at such other times as the state fire marshal deems necessary for the consideration of rules and regulations and for the transaction of such other business as may come properly before the board.
(e) The board shall advise the state fire marshal and make recommendations regarding rules and regulations necessary to implement and enforce the provisions of this act. The board shall annually review any rules and regulations adopted by the state fire marshal pursuant to this act.
History:
L. 2022, ch. 60, § 7; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1808 Liability insurance requirements; proof of workers compensation coverage.

44-1808. Liability insurance requirements; proof of workers compensation coverage.
(a) Elevator contractors shall submit proof to the state fire marshal of a current insurance policy issued by an insurance company authorized to do business in this state that provides general liability coverage of at least $1,000,000 for injury or death of any number of persons in any one occurrence, with coverage of at least $500,000 for property damage in any one occurrence and proof of workers compensation insurance coverage as required by Kansas law.
(b) Elevator inspectors, except those employed by an agency, city or county, shall submit to the state fire marshal proof of a current insurance policy issued by an insurance company authorized to do business in this state that provides general liability coverage of at least $1,000,000 for injury or death of any number of persons in any one occurrence, with coverage of at least $500,000 for property damage in any one occurrence and proof of statutory workers compensation insurance coverage.
(c) Proof of such policies shall be delivered to the state fire marshal with the application for the license. A licensee shall provide the state fire marshal of notice of any material alteration or cancellation of any policy at least 10 days prior to the effective date of such change in the policy.
History:
L. 2022, ch. 60, § 9; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1809 Emergencies; issuance of temporary elevator mechanic's licenses; fees.

44-1809. Emergencies; issuance of temporary elevator mechanic's licenses; fees.
(a) Whenever the state fire marshal determines an emergency exists in the state due to a disaster, an act of God or work stoppage and the number of persons in the state holding elevator mechanic's licenses is determined by the state fire marshal to be insufficient to cope with the emergency, the state fire marshal may issue emergency elevator mechanic's licenses as necessary to assure the safety of the public. An elevator contractor or applicant for an emergency mechanic's license shall furnish such proof of competency as may be required by rules and regulations adopted pursuant to this act.
(b) An elevator contractor shall notify the state fire marshal when there are no licensed elevator mechanics available to perform work requiring such license. The elevator contractor may request that the state fire marshal issue temporary elevator mechanic's licenses to individuals certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to perform such work without the direct and immediate supervision of a licensed elevator mechanic. Any individual who is certified as such by an elevator contractor may apply for a temporary elevator mechanic's license in such form and manner as prescribed by the state fire marshal. The applicant shall pay the required application fee with such application, which shall not exceed $50. The state fire marshal may issue a temporary elevator mechanic's license if the state fire marshal finds that the requirements for such licenses have been met.
History:
L. 2022, ch. 60, § 10; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1811 Imposition of civil penalties for violations; hearings; orders; remittance of fines collected.

44-1811. Imposition of civil penalties for violations; hearings; orders; remittance of fines collected.
(a) In addition to any other penalty provided by law, the state fire marshal, upon a finding that any owner, lessee or operator of an elevator, or owner or lessee of a building or structure in which an elevator is located, has violated, knowingly permitted a violation or negligently failed to detect, report or correct a violation of any provision of this act or rules and regulations adopted pursuant thereto with regard to the construction, installation, maintenance, inspection or operation of an elevator, is authorized to impose a civil penalty not to exceed $1,000 per violation for each day of such unlawful operation or violation. Such civil penalty shall constitute an actual and substantial economic deterrent to the violation for which the penalty is assessed.
(b) In addition to any other penalty provided by law, the state fire marshal, upon a finding that any licensee has violated, knowingly permitted a violation or negligently failed to detect, report or correct a violation of any provision of this act or rules and regulations adopted pursuant thereto, is authorized to impose a civil penalty not to exceed $1,000 per violation. Such civil penalty shall constitute an actual and substantial economic deterrent to the violation for which the penalty is assessed.
(c) No civil penalty shall be imposed except upon the written order of the state fire marshal to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the person to request a hearing as provided in K.S.A. 2023 Supp. 44-1812, and amendments thereto.
(d) All fines assessed and collected under this section 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 elevator safety fee fund.
History:
L. 2022, ch. 60, § 12; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1812 Parties aggrieved by order of state fire marshal; request for hearing; Kansas administrative procedure act applicable; judicial review.

44-1812. Parties aggrieved by order of state fire marshal; request for hearing; Kansas administrative procedure act applicable; judicial review.
(a) Any individual, sole proprietor, firm, partnership, association or corporation aggrieved by an order issued by the state fire marshal pursuant to the provisions of this act may request a hearing on such order within 15 days from the date of the service of such order by filing such request in writing with the state fire marshal. Such hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. The filing of a request for a hearing shall not abate or operate as a stay of the effect of an emergency order or an order to cease and desist or a stop work order unless otherwise stated in such order.
(b) Except as otherwise provided, all administrative proceedings by the state fire marshal under this act shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) Judicial review and civil enforcement of agency actions under this act shall be in accordance with the Kansas judicial review act.
History:
L. 2022, ch. 60, § 13; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1813 Responsibilities of licensees.

44-1813. Responsibilities of licensees.
It shall be the responsibility of a licensee to ensure that the design, construction, installation, operation, inspection, testing, maintenance, alteration and repair of an elevator is performed in compliance with the provisions of the state safety and fire prevention act, K.S.A. 31-132 et seq., and amendments thereto.
History:
L. 2022, ch. 60, § 14; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1814 Elevator construction or alteration permits; fees; revocation, when; expiration; city and county exception.

44-1814. Elevator construction or alteration permits; fees; revocation, when; expiration; city and county exception.
(a) No elevator shall be erected, constructed, installed or altered within or adjacent to a building or structure unless a valid permit is obtained from the state fire marshal. Such permit shall be issued prior to the commencement of any work on such elevator. A permit shall only be issued to a licensed elevator contractor. A copy of such permit shall be kept at the construction site at all times while the work is in progress. Notwithstanding the issuance of a permit, no work shall be performed on any such elevator if the state fire marshal has issued a stop work order for such elevator.
(b) A licensed elevator contractor may apply for a permit in such form and manner as prescribed by the state fire marshal. The applicant shall pay the required permit fee with such application, which shall not exceed $400.
(c) A permit may be revoked by the state fire marshal for any of the following reasons:
(1) Any false statement or misrepresentation exists as to the material facts in the application, or in the plans or specifications on which the permit was based;
(2) the permit was issued in error and should not have been issued in accordance with the provisions of this act;
(3) the work detailed under the permit is not being performed in accordance with the provisions of the application, or in the plans or specifications on which the permit was based, or is not in accordance with the code; or
(4) the licensed elevator contractor to whom the permit was issued fails or refuses to comply with a stop work order issued by the state fire marshal.
(d) (1) A permit shall expire:
(A) If the work authorized by such permit is not commenced within six months after the date of issuance, or within a shorter period of time specified by the state fire marshal, in the state fire marshal's discretion, at the time the permit is issued; or
(B) if, after the work has been commenced, the work is suspended or abandoned for a period of 60 days, or such shorter period of time as specified by the state fire marshal, in the state fire marshal's discretion, at the time the permit is issued.
(2) For good cause, the state fire marshal, in the state fire marshal's discretion, may allow an extension of any of the periods of time set forth in this subsection.
(e) This section shall not apply to any elevator to be erected, constructed, installed or altered in any city or county that has adopted requirements or standards that meet or exceed the requirements or standards of this act and any rules and regulations adopted pursuant thereto.
History:
L. 2022, ch. 60, § 15; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1815 Elevator annual inspections; inspection reports; required elevator test; city and county exception.

44-1815. Elevator annual inspections; inspection reports; required elevator test; city and county exception.
(a) It shall be the responsibility of the owner of any new or existing elevator or the owner's agent to have such elevator inspected annually by a licensed elevator inspector. Upon such inspection, the licensed elevator inspector shall provide the owner of the elevator or the owner's agent, the owner or lessee of the property where such elevator is located and the state fire marshal with a written inspection report describing any and all code violations. The owner of the elevator or the owner's agent shall have 30 days from the date of the inspection report to be in full compliance by correcting such violations. The state fire marshal may grant additional 30-day extensions of time if the state fire marshal determines good cause has been shown and the safety of the public will not be endangered.
(b) It shall be the responsibility of the owner of any elevator or the owner's agent to have a licensed elevator contractor conduct all required tests at the intervals required by this act and rules and regulations adopted pursuant thereto. All tests shall be performed by a licensed elevator mechanic.
(c) This section shall not apply to any elevator located in a city or county that has adopted requirements or standards that meet or exceed the requirements or standards of this act and any rules and regulations adopted pursuant thereto.
History:
L. 2022, ch. 60, § 16; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1817 Registry of elevators; information required; city and county exception.

44-1817. Registry of elevators; information required; city and county exception.
(a) The state fire marshal shall establish a registry of elevators that are in operation and for which a certificate of operation has been issued and shall maintain the information provided under subsection (b) as part of such registry.
(b) On or before July 1, 2023, each elevator that was in operation on or before July 1, 2022, for which a certificate of operation has been issued pursuant to K.S.A. 2023 Supp. 44-1816, and amendments thereto, shall be registered with the state fire marshal. Such registration shall include:
(1) The name of the owner of such elevator, the owner's agent, if any, and the operator of the elevator;
(2) the type;
(3) the rated load and speed;
(4) the name of the manufacturer;
(5) the location and purpose for which such elevator is used; and
(6) such additional information as may be required by rules and regulations adopted pursuant to this act.
(c) Any elevator that is placed into service and for which a certificate of operation is issued after July 1, 2022, shall be registered at such time as a certificate of operation is issued for such elevator. The registration for any such elevator shall include that information described in subsection (b).
(d) This section shall not apply to any elevator located in a city or county that has adopted requirements and standards that meet or exceed the requirements and standards of this act and any rules and regulations adopted pursuant thereto. Any such city or county shall establish and maintain a registry of elevators located in such city or county that are in operation. Such registry shall include that information described in subsection (b)(1) through (6).
History:
L. 2022, ch. 60, § 18; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1818 Requests for investigation of alleged violations; confidentiality; investigation by state fire marshal; determination of violation.

44-1818. Requests for investigation of alleged violations; confidentiality; investigation by state fire marshal; determination of violation.
(a) Any person may request an investigation into an alleged violation of this act or rules and regulations adopted pursuant thereto, or the installation, servicing, maintenance or operation of an elevator that appears to place the public or persons using such elevator in danger by notifying the state fire marshal of such violation or danger. Such request shall be in writing, setting forth in reasonable particularity the grounds for the request and be signed by the person making the request.
(b) Such request, notice and any records relating to the request shall be confidential and shall not be disclosed by the state fire marshal unless ordered to be disclosed by a court of competent jurisdiction. The provisions of this subsection shall expire on July 1, 2027, unless the legislature reviews and reenacts such provisions in accordance with K.S.A. 45-229, and amendments thereto, prior to July 1, 2027.
(c) Upon receipt of such notification, the state fire marshal shall investigate the alleged violation as soon as practicable, and to the extent determined appropriate by the state fire marshal, determine if such violation or danger exists and may issue such orders as the state fire marshal deems necessary to avoid danger to the public during such investigation. If the state fire marshal determines that there are no reasonable grounds to believe that a violation or danger exists, the state fire marshal shall notify in writing the person who submitted the request for investigation and the owner of the elevator or the owner's agent of such determination. If the state fire marshal determines that a violation or danger exists, the state fire marshal shall revoke the certificate of operation for such elevator, issue such orders as the state fire marshal deems necessary to address the violation or danger or take such other actions as provided by this act to address the violation or danger.
History:
L. 2022, ch. 60, § 19; July 1.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1819 Rules and regulations; exceptions or variances by state fire marshal therefrom.

44-1819. Rules and regulations; exceptions or variances by state fire marshal therefrom.
(a) On or before January 1, 2023, the state fire marshal shall adopt rules and regulations necessary to implement and enforce the provisions of this act. Rules and regulations adopted by the state fire marshal shall be based on and follow generally accepted national engineering standards, formula and practices that shall at a minimum include adoption of current American national standards known as the American society of mechanical engineers (ASME) safety code for elevators and escalators and the safety standards for wind turbine tower elevators.
(b) Such rules and regulations shall include rules and regulations:
(1) For the operation, maintenance, servicing, construction, alteration and installation of elevators;
(2) requirements and qualifications for the licensure of elevator contractors, mechanics and inspectors, including initial and renewal application requirements, examination requirements and continuing education requirements;
(3) requirements and qualifications for the issuance of emergency and temporary licenses;
(4) requirements for issuance of permits and certificates of operation, including initial and renewal application requirements;
(5) requirements for registration of elevators; and
(6) standards for granting exceptions and variances from rules and regulations adopted pursuant to this act and municipal ordinances.
(b)* The state fire marshal shall establish a schedule for fees for licenses, permits, certificates of operation, inspections and variance requests. The fees shall reasonably reflect the state fire marshal's actual costs and expenses to operate and to conduct those duties and obligations as described in this act.
(c)* The state fire marshal shall have the authority to grant or deny requests for exceptions and variances from the requirements of rules and regulations adopted pursuant to this act or from municipal ordinances in cases where the state fire marshal finds such exception or variance would not jeopardize the public safety and welfare and that the request meets the applicable standards adopted by the state fire marshal for granting such an exception or variance.
History:
L. 2022, ch. 60, § 20; July 1.
Revisor's Note:
* Subsections (b) and (c) should have been designated as subsections (c) and (d) respectively.
2023 Kansas Statutes › Chapter 44 - Labor And Industries › Article 18 - Elevator Safety Act › 44-1820 Elevator safety fee fund established; remittance of moneys.

44-1820. Elevator safety fee fund established; remittance of moneys.
The elevator safety fee fund is hereby established in the state treasury and shall be administered by the state fire marshal. The state fire marshal shall remit all moneys received from fees, charges or penalties assessed in accordance with this act 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 elevator safety fee fund. All expenditures from the elevator safety fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state fire marshal or the state fire marshal's designee.
History:
L. 2022, ch. 60, § 21; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 1 - Legislative Session Laws, Journals And Documents › 45-107 Session laws; sales; disposal of certain inventory.

45-107. Session laws; sales; disposal of certain inventory.
(a) The secretary of state shall sell copies of the session laws at the per volume price for such copies fixed by the secretary of state under this section. The secretary of state shall remit all moneys received under this section 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 information and services fee fund of the secretary of state.
(b) Whenever the inventory of copies of any volume of the session laws exceeds 100 and a later volume of the session laws has been published, the secretary of state may dispose of copies of such volume without making a charge therefor until the inventory of such volume is reduced to 100 copies. When the inventory of any volume of the session laws is 100 copies or less, the secretary of state, with the approval of the revisor of statutes, may dispose of copies from such inventory without making a charge therefor.
(c) The secretary of state shall fix the per volume price for copies of the session laws sold under this section to recover the costs of publishing and storing such volumes, whether published in print or electronic form. The secretary of state shall revise all such prices from time to time as necessary for the purposes of covering and recovering such costs.
History:
G.S. 1868, ch. 56, § 7; L. 1915, ch. 341, § 3; R.S. 1923, 45-107; L. 1939, ch. 215, § 1; L. 1955, ch. 253, § 2; L. 1971, ch. 182, § 1; L. 1974, ch. 210, § 1; L. 1978, ch. 199, § 2; L. 1981, ch. 207, § 1; L. 1982, ch. 363, § 8; L. 1987, ch. 193, § 1; L. 1999, ch. 141, § 2; L. 2001, ch. 5, § 149; L. 2006, ch. 15, § 1; L. 2021, ch. 61, § 35; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 1 - Legislative Session Laws, Journals And Documents › 45-109 Officer's name to be stamped on laws delivered; delivery to successor in office; liability for failure.

45-109.
Officer's name to be stamped on laws delivered; delivery to successor in office; liability for failure.
The copy of the laws delivered to any state, district, county or township officer, on account of any office held by him, shall have stamped or written thereon the name of the office held by such person; and he shall, when he ceases to hold such office, deliver over to his successor in office all laws received by him as such officer, and take the receipt of his successor therefor, and deposit such receipt with the clerk of the board of county commissioners; and any person who shall neglect or refuse to deliver over to his successor in office all laws received by him as aforesaid shall be liable to such successor in an action for the specific recovery of the same, or for the full amount it would cost him to furnish himself with such laws, and costs of suit; which action shall, on request, be brought and prosecuted by the county attorney of the county.
History:
G.S. 1868, ch. 56, § 10; October 31; R.S. 1923, 45-109.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-215 Title of act.

45-215.
Title of act.
K.S.A. 45-215 through 45-223 shall be known and may be cited as the open records act.
History:
L. 1984, ch. 187, § 1; February 9.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-216 Public policy that records be open.

45-216.
Public policy that records be open.
(a) It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.
(b) Nothing in this act shall be construed to require the retention of a public record nor to authorize the discard of a public record.
History:
L. 1984, ch. 187, § 2; February 9.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-218 Inspection of records; request; response; refusal, when; fees.

45-218.
Inspection of records; request; response; refusal, when; fees.
(a) All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose. No person shall removal* original copies of public records from the office of any public agency without the written permission of the custodian of the record.
(b) Upon request in accordance with procedures adopted under K.S.A. 45-220, any person may inspect public records during the regular office hours of the public agency and during any additional hours established by the public agency pursuant to K.S.A. 45-220.
(c) If the person to whom the request is directed is not the custodian of the public record requested, such person shall so notify the requester and shall furnish the name and location of the custodian of the public record, if known to or readily ascertainable by such person.
(d) Each request for access to a public record shall be acted upon as soon as possible, but not later than the end of the third business day following the date that the request is received. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.
(e) The custodian may refuse to provide access to a public record, or to permit inspection, if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency. However, refusal under this subsection must be sustained by preponderance of the evidence.
(f) A public agency may charge and require advance payment of a fee for providing access to or furnishing copies of public records, subject to K.S.A. 45-219.
History:
L. 1984, ch. 187, § 4; February 9.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-222 Civil remedies to enforce act; attorney fees.

45-222. Civil remedies to enforce act; attorney fees.
(a) The district court of any county in which public records are located shall have jurisdiction to enforce the purposes of this act with respect to such records, by injunction, mandamus, declaratory judgment or other appropriate order, in an action brought by any person, the attorney general or a county or district attorney. The district court may require a defendant to complete training approved by the attorney general concerning the requirements of the open records act.
(b) In any action hereunder, the court shall determine the matter de novo. The court on its own motion, or on motion of either party, may view the records in controversy in camera before reaching a decision.
(c) In any action hereunder, or under K.S.A. 45-251, and amendments thereto, the burden of proof shall be on the public agency to sustain its action.
(d) In any action hereunder, the court shall award costs and a reasonable sum as an attorney's fee for services rendered in such action, including proceedings on appeal, to be recovered and collected as part of the costs to the plaintiff if the court finds that the agency's denial of access to the public record was not in good faith and without a reasonable basis in fact or law. The award shall be assessed against the public agency that the court determines to be responsible for the violation.
(e) In any action hereunder in which the defendant is the prevailing party, the court shall award to the defendant costs and a reasonable sum as an attorney's fee for services rendered in such action, including proceedings on appeal, to be recovered and collected as part of the costs if the court finds that the plaintiff maintained the action not in good faith and without a reasonable basis in fact or law.
(f) In any action hereunder brought by the attorney general or a county or district attorney, if the court finds that any provisions were violated, such court:
(1) Except as provided in subsection (f)(2), may award the attorney general's or the county or district attorney's reasonable expenses, investigation costs and attorney fees; and
(2) shall award the same if the court determines that the violation was not made in good faith and without a reasonable basis in fact or law.
(g) Except as otherwise provided by law, proceedings arising under this section shall be assigned for hearing and trial at the earliest practicable date.
(h) The provisions of subsections (d) and (e) concerning the awarding of costs and attorney fees for services rendered during an appeal shall apply only to actions which are based on causes of action accruing on or after July 1, 2004.
History:
L. 1984, ch. 187, § 8; L. 1984, ch. 282, § 6; L. 1990, ch. 190, § 1; L. 2000, ch. 156, § 4; L. 2004, ch. 151, § 2; L. 2015, ch. 68, § 11; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-223 Civil penalties for violations.

45-223. Civil penalties for violations.
(a) Any public agency subject to this act that knowingly violates any of the provisions of this act or that intentionally fails to furnish information as required by this act shall be liable for the payment of a civil penalty in an action brought by the attorney general or a county or district attorney, in a sum set by the court of not to exceed $500 for each violation.
(b) Any civil penalty sued for and recovered hereunder by the attorney general shall be paid into the attorney general's open government fund. Any civil penalty sued for and recovered hereunder by a county or district attorney shall be paid into the general fund of the county in which the proceedings were instigated.
History:
L. 1984, ch. 187, § 9; L. 2000, ch. 156, § 5; L. 2015, ch. 68, § 12; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-224 Continuation of fees and procedures adopted under prior act.

45-224.
Continuation of fees and procedures adopted under prior act.
All fees, schedules of times for making of copies, hours during which public records may be inspected or copies obtained, procedures for requesting access to or obtaining copies of public records or other policies or procedures which were prescribed or adopted by any public agency pursuant to chapter 171 of the session laws of 1983, insofar as the same are authorized or in accordance with the provisions of this act, shall constitute the fees, schedules, hours and policies or procedures of such public agency for the purposes of this act until changed, modified or revoked by the public agency in accordance with the provisions of this act.
History:
L. 1984, ch. 187, § 16; February 9.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-225 Severability of provisions.

45-225.
Severability of provisions.
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. 1984, ch. 187, § 13; February 9.