reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1616 Same; force and effect of waivers.

55-1616.
Same; force and effect of waivers.
Any waiver of the interest provided by this act shall be of no force or effect, unless such waiver is evidenced by a written document executed by payee which clearly states that payee waives payee's right to receive interest provided by this act by an express reference to this act, including reference to the rate of interest provided in this act.
History:
L. 1991, ch. 160, § 3; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1617 Same; jurisdiction of court to settle disputes; attorney fees.

55-1617.
Same; jurisdiction of court to settle disputes; attorney fees.
The district court of the county in which oil or gas is produced shall be a court of proper venue for proceedings brought pursuant to this act. The prevailing party in a proceeding brought pursuant to this act on which a judgment is rendered may recover court costs and reasonable attorney fees at the discretion of the court.
History:
L. 1991, ch. 160, § 4; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1618 Same; nonapplicability to certain interest payments.

55-1618.
Same; nonapplicability to certain interest payments.
No provision of this act shall be construed to apply to any interest payment governed, in law or equity, by any statute of the United States of America or any valid rule and regulation or order promulgated thereunder.
History:
L. 1991, ch. 160, § 5; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1619 Same; rights of payee not limited or impaired.

55-1619.
Same; rights of payee not limited or impaired.
No provision of this act shall be construed to limit or otherwise impair the rights of the payee to receive or recover any payment or any other right of payee whatsoever conferred in law or equity or by statute or otherwise.
History:
L. 1991, ch. 160, § 6; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1620 Oil and gas payments to interest owners; information required to be included.

55-1620.
Oil and gas payments to interest owners; information required to be included.
When a payment is made for proceeds attributable to oil or gas production, the payment shall be accompanied by the following information, or the following information shall be calculable from the information provided with the payment:
(a) The lease, property, or well name or any lease, property, or well identification number used to identify the lease, or well;
(b) the month and year during which the sale occurred for which payment is being made;
(c) the total volume of oil, attributable to such payment, measured in barrels and the total volume of either wet or dry gas, attributable to such payment, measured in thousand cubic feet;
(d) the price per barrel of oil or thousand cubic feet of gas sold;
(e) total amount of state severance and production taxes;
(f) payee's interest in the sale expressed as a decimal;
(g) payee's share of the sale before any deductions or adjustments;
(h) payee's share of the sale after deductions or adjustments;
(i) an address and telephone number from which additional information may be obtained and any questions answered.
History:
L. 1997, ch. 136, § 1; January 1, 1998.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1621 Same; contractual obligations or rights not affected.

55-1621.
Same; contractual obligations or rights not affected.
Nothing contained in this act shall be construed to amend or otherwise affect any contractual obligations or rights which may otherwise exist.
History:
L. 1997, ch. 136, § 2; January 1, 1998.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1622b Failure to provide required information; mediation; civil action.

55-1622b.
Failure to provide required information; mediation; civil action.
(a) If a payor fails to provide information under K.S.A. 55-1620, and amendments thereto, or a royalty owner makes a written request for information pursuant to K.S.A. 55-1622, and amendments thereto, and the payor or seller of production, or both, fail to respond within the 60-day period, either party may request mediation. The conservation division of the state corporation commission shall maintain a list of qualified mediators, which shall be available to parties requesting mediation under this section.
(b) If a payor fails to provide information under K.S.A. 55-1620, and amendments thereto, or the royalty owner makes a written request for information under K.S.A. 55-1622, and amendments thereto, and the payor or seller of production, or both, fail to respond within the 60-day period after receipt of the request, the royalty owner may bring a civil action against such payor or seller of production, or both, in the district court of the county in which the royalty owner's oil or gas is produced to enforce the provisions of K.S.A. 55-1620 or 55-1622, and amendments thereto. The prevailing party in such action shall be entitled to recover reasonable court costs and attorney fees.
History:
L. 2006, ch. 10, § 3; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1623 Oil and gas regulation by commission; penalties, procedures.

55-1623.
Oil and gas regulation by commission; penalties, procedures.
On and after July 1, 1998, no fine or other penalty, except cease and desist orders for which subsequent hearing is required, shall be imposed by the state corporation commission pursuant to statutes or rules and regulations relating to regulation of oil and gas production, sale or conservation except after notice and an opportunity for hearing in accordance with the Kansas administrative procedure act.
History:
L. 1998, ch. 122, § 5; April 30.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1624 FERC-ordered refunds of tax reimbursements; recovery.

55-1624.
FERC-ordered refunds of tax reimbursements; recovery.
(a) As used in this act, royalty interest owners include overriding royalty interest owners and royalty interests include overriding royalty interests.
(b) On and after the effective date of this act, no first seller of natural gas shall maintain any action against royalty interest owners to obtain refunds of reimbursements for ad valorem taxes attributable to royalty interests, ordered by the federal energy regulatory commission.
(c) It is hereby declared that under Kansas law:
(1) The period of limitation of time for commencing civil actions to recover such refunds attributable to reimbursements of ad valorem taxes on royalty interests during the years 1983 through 1988 has expired and such refunds claimed to be owed by royalty interest owners are uncollectible;
(2) first sellers of natural gas are prohibited from utilizing billing adjustments or other set-offs as a means of recovering from royalty owners any such claimed refunds; and
(3) first sellers of natural gas took every opportunity to protect their rights involving Kansas ad valorem tax reimbursements attributable to royalty interest owners.
(d) Upon entry of a final order by a court having jurisdiction, or a final order of a governmental authority having jurisdiction, that requires first sellers to make refunds of reimbursements for ad valorem taxes on royalty interests during the years 1983 through 1988 notwithstanding this section or if this section is determined to be unconstitutional, in whole or in part, nothing in this section shall be construed to have affected the rights and remedies available to any party under the laws of the state of Kansas, including those applicable in any action that a first seller of natural gas may bring against a royalty interest owner to obtain such a refund.
History:
L. 1998, ch. 122, § 7; April 30.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1625 Citation of act.

55-1625.
Citation of act.
The provisions of K.S.A. 2023 Supp. 55-1625 through 55-1635, and amendments thereto, shall be known and may be cited as the Kansas petroleum education and marketing act.
History:
L. 2006, ch. 94, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1626 Definitions.

55-1626.
Definitions.
As used in this act:
(a) "Act" means the provisions of K.S.A. 2023 Supp. 55-1625 through 55-1635, and amendments thereto;
(b) "board" means the Kansas oil and gas resources board as created by this act;
(c) "first purchaser" means:
(1) With regard to crude oil, the person to whom title first is transferred beyond the gathering tank or tanks, beyond the facility from which the crude oil was first produced, or both; and
(2) with regard to natural gas, the person to whom title first is transferred beyond the inlet side of the measurement station from which the natural gas was first produced;
(d) "independent producer" means a person who complies with both of the following:
(1) Produces oil or natural gas and is not engaged in refining either product; and
(2) derives a majority of income from ownership in properties producing oil or natural gas;
(e) "interest owner" means a person who owns or possesses an oil or gas leasehold interest in the gross production of oil or natural gas produced from a well in Kansas. For the purposes of this act, an oil and gas leasehold estate interest shall include the working interest and any overriding interest carved out of the working interest in any oil and gas lease, but shall include neither any royalty interests nor any overriding royalty interest carved out of the working interest;
(f) "person" means an individual, group of individuals, partnership, corporation, association, limited liability company, cooperative or any other entity or an employee of the entity; and
(g) "qualified producer association" means an entity that is organized under section 501(c)(6) of the federal internal revenue code and in existence on the effective date of this act, organized and operates within the state of Kansas, and in which a majority of the members of such association's governing body consists of independent producers. In addition to any other entity which constitutes a qualified producer association as defined in this subsection, the Kansas independent oil and gas association, the Kansas petroleum council and the eastern Kansas oil and gas association shall be qualified producer associations.
History:
L. 2006, ch. 94, § 2; L. 2007, ch. 119, § 2; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1628 Same; powers and duties.

55-1628.
Same; powers and duties.
The board shall have the following powers and duties, to:
(a) Administer and enforce the provisions of this act;
(b) establish an office for the board within the state of Kansas;
(c) elect a presiding officer and any other officers that may be necessary to direct the operations of the board;
(d) employ personnel as shall be deemed necessary to carry out the provisions of this act;
(e) administer the oil and gas resources fund;
(f) approve or disapprove the budget of the board;
(g) adopt rules as the board deems necessary to carry out the provisions of this act;
(h) enter into contracts or agreements for studies, research projects, experimental work, supplies or other services to carry out the purposes of this act; and to incur those expenses necessary to carry out such purposes. A contract or agreement entered into under this subsection shall provide that:
(1) The person entering the contract or agreement on behalf of the board shall develop and submit to the board a plan or project together with a budget that shows estimated costs to be incurred for the plan or project; and
(2) the person entering the contract or agreement shall keep accurate records of all such person's transactions, account for funds received and expended and make periodic reports to the board of activities conducted and other reports that the board may require;
(i) keep accurate records of all financial transactions performed pursuant to this act. Such records shall be audited annually by an independent auditor and an annual report shall be compiled;
(j) accept and deposit into the oil and gas resources fund donations, grants, contributions and gifts from any public or private source; and
(k) keep an accurate record of all assessments collected.
History:
L. 2006, ch. 94, § 4; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1629 Same; meetings; director.

55-1629.
Same; meetings; director.
(a) There shall be an annual meeting of the board at which the annual report and proposed budget shall be presented. The board, at the call of the presiding officer, shall hold at least three other regular meetings each year. The presiding officer shall establish the time, manner and place for all meetings and shall provide notice of the meetings. A majority of the members of the board shall constitute a quorum for the transaction of any business of the board. In addition, the board shall determine the circumstances under which additional meetings of the board may be held.
(b) The board may appoint a director who shall carry out the provisions of the act. The director shall not be one of the appointed board members.
History:
L. 2006, ch. 94, § 5; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1630 Same; assessments on production of oil and gas; oil and gas resources fund.

55-1630.
Same; assessments on production of oil and gas; oil and gas resources fund.
The Kansas oil and gas resources board is hereby authorized to levy assessments on the production of oil and natural gas in Kansas for the purposes of a petroleum education and marketing program. There is hereby created a special fund to be designated as the oil and gas resources fund. The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of all moneys received by the Kansas oil and gas resources board from assessments received and collected pursuant to K.S.A. 2023 Supp. 55-1631, and amendments thereto, and donations, grants, contributions and gifts from any public or private source.
History:
L. 2006, ch. 94, § 6; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1631 Assessments; amount, collection and payment; assessments voluntary and refundable to interest owner.

55-1631.
Assessments; amount, collection and payment; assessments voluntary and refundable to interest owner.
(a) To fund the activities of the Kansas oil and gas resources board, and in the discretion of the board, a voluntary assessment not to exceed 0.05% of the gross revenues from oil or natural gas produced from each well in the state of Kansas shall be deducted from proceeds paid by the first purchaser to each interest owner. The Kansas oil and gas resources board, however, may permit or require an entity other than the first purchaser to deduct such proceeds where that entity is the operator or the entity distributes revenues to interest owners, directly or indirectly. Any interest owner may seek a refund, as provided in this act. This assessment is a voluntary checkoff and shall be treated in all respects accordingly. The assessment shall not in any manner be deemed to be a tax or governmental assessment of any kind, and the state of Kansas shall have no duty or responsibility with respect to any such assessment.
(b) The assessment imposed pursuant to subsection (a) shall be deducted from the proceeds of production and collected by the first purchaser. There shall be a conspicuous line item on each statement showing the amount and pertinent time period of the assessment. The statement shall provide the Kansas oil and gas resources board contact information for obtaining more information or directions for obtaining a refund of the assessment. The assessments, which are imposed on the interest owner, shall be remitted to the Kansas oil and gas resources board by the first purchaser not later than the 60th day following the end of the month in which the assessment was collected. The moneys collected pursuant to K.S.A. 2023 Supp. 55-1630, and amendments thereto, shall be deposited with a bank or savings and loan association and shall be used only in defraying costs of administration of the petroleum education and marketing program and for carrying out the provisions of K.S.A. 2023 Supp. 55-1627, 55-1628, 55-1633 and 55-1634, and amendments thereto.
(c) The board shall be responsible for taking any appropriate legal action necessary to collect any assessment which is not paid or is not properly paid by the first purchaser.
History:
L. 2006, ch. 94, § 7; L. 2007, ch. 119, § 3; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1632 Same; refunds, request procedure.

55-1632.
Same; refunds, request procedure.
(a) Any person subject to the assessment levied by K.S.A. 2023 Supp. 55-1631, and amendments thereto, may request a refund as provided in this section of the assessment paid on production for the preceding calendar year. Upon compliance with the provisions of this section and rules adopted by the board to implement this section, the board shall refund to each person requesting a refund the amount of the assessment paid by or on behalf of the person during the preceding calendar year. Refunds made shall include interest earned at the rate equal to the average United States treasury bill rate of the preceding calendar year as certified by the state treasurer.
(b) The request for a refund of the assessment paid on production for the preceding calendar year shall be made before the end of the third calendar month following the calendar year for which the refund is requested. Failure to request a refund during this period shall terminate the right of any person to receive a refund for the assessment paid on production for the preceding calendar year. The board shall give notice of the availability of the refund through press releases or another means the board deems appropriate.
(c) Each person requesting a refund shall execute an affidavit showing the amount of refund requested and demonstrating that the affiant was the owner of the production and such other matters as the board reasonably requires for which the refund is requested. The board may verify the accuracy of the request for refund prior to issuance of such a refund.
(d) No person requesting a full refund of all assessments imposed under this act shall be eligible to serve or have a representative serve as a member of the board.
History:
L. 2006, ch. 94, § 8; L. 2007, ch. 119, § 4; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1633 Oil and gas resources fund; interest; use.

55-1633.
Oil and gas resources fund; interest; use.
(a) All interest earned on moneys in the oil and gas resources fund shall remain in the fund.
(b) The board shall not use any funds collected under K.S.A. 2023 Supp. 55-1631, and amendments thereto, for the purpose of influencing government action or policy, except that the board may recommend amendments to this act.
History:
L. 2006, ch. 94, § 9; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1634 National or regional assessment; use of portion of state assessment in lieu of, when.

55-1634.
National or regional assessment; use of portion of state assessment in lieu of, when.
In the event of the establishment of a national or regional program for an assessment on oil and natural gas production for an education and marketing program for oil and natural gas, the board, by majority vote, may elect to designate up to a maximum of 35% of the funds collected under this act to the national or regional program in lieu of an additional assessment as may be required by the national or regional program.
History:
L. 2006, ch. 94, § 10; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1635 Effect of act; severability.

55-1635.
Effect of act; severability.
(a) This act is intended as enabling legislation and shall not be construed to limit any lawful activity, including the creation of any checkoff, education and marketing program or other type of association otherwise permitted by law.
(b) If any provision of this act is held to be invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision.
History:
L. 2006, ch. 94, § 11; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1636 Carbon dioxide reduction act.

55-1636.
Carbon dioxide reduction act.
K.S.A. 2023 Supp. 55-1636 through 55-1640, 55-1641, 79-233 and 79-32,256, and amendments thereto, may be cited as the carbon dioxide reduction act.
History:
L. 2007, ch. 73, § 1; L. 2010, ch. 63, § 2; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1638 Carbon dioxide injection well and underground storage fund.

55-1638.
Carbon dioxide injection well and underground storage fund.
(a) (1) There is hereby established in the state treasury the carbon dioxide injection well and underground storage fund to administer the provisions of K.S.A. 2023 Supp. 55-1637 through 55-1640, and amendments thereto. Such fund shall be administered by the commission in accordance with the provisions of this section.
(2) The commission shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the commission for the purposes of K.S.A. 2023 Supp. 55-1637 through 55-1640, and amendments thereto. Upon receipt of the remittance the state treasurer shall deposit the entire amount in the state treasury and credit it to the fund. The commission is authorized to receive from any private or governmental source any funds made available for the purposes of K.S.A. 2023 Supp. 55-1637 through 55-1640, and amendments thereto.
(3) All expenditures from the carbon dioxide injection well and underground storage fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(b) The commission is authorized to use moneys from the carbon dioxide injection well and underground storage fund to pay the cost of:
(1) All activities related to permitting activities, including, but not limited to, development and issuance of permits, compliance monitoring, inspections, well closures, underground storage closure, long-term monitoring and enforcement actions;
(2) review and witnessing of test procedures;
(3) review and witnessing of routine workover or repair procedures;
(4) investigation of violations, complaints, pollution and events affecting public health;
(5) design and review of remedial action plans;
(6) contracting for services needed to supplement the commission's staff expertise in facility investigations;
(7) consultation needed concerning remedial action at a permitted facility;
(8) mitigation of adverse environmental impacts;
(9) emergency or long-term remedial activities;
(10) legal costs, including expert witnesses, incurred in administration of the provisions of K.S.A. 2023 Supp. 55-1637 through 55-1640, and amendments thereto; and
(11) costs of program administration.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the carbon dioxide injection well and underground storage fund interest earnings based on:
(1) The average daily balance of moneys in the carbon dioxide injection well and underground storage fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding months.
History:
L. 2007, ch. 73, § 3; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1639 Violations, penalties; commission authority.

55-1639.
Violations, penalties; commission authority.
(a) The commission, upon a finding that a person has violated any provision of K.S.A. 2023 Supp. 55-1637, and amendments thereto, or rules and regulations adopted thereunder, may impose a penalty not to exceed $10,000 per violation which shall constitute an economic deterrent to the violation for which it is assessed and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except after an opportunity for hearing upon the written order of the commission to the person who committed the violation. The order shall state the violation and the penalty to be imposed.
(c) Whenever the commission or the commission's duly authorized agents find that the escape of carbon dioxide into the atmosphere from injection of carbon dioxide is not being prevented or that the soil or waters of the state are not being protected from pollution resulting from injection of carbon dioxide, the commission or the commission's duly authorized agents shall issue an order prohibiting such injection. Any person aggrieved by such order may request in writing, within 15 days after service of the order, a hearing on the order. Upon receipt of a timely request, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(d) Any action of the commission pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 2007, ch. 73, § 4; L. 2010, ch. 17, § 102; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1640 Commission ingress and egress for investigation and enforcement.

55-1640.
Commission ingress and egress for investigation and enforcement.
(a) In performing investigations or administrative functions relating to prevention of escape of carbon dioxide into the atmosphere from injection of carbon dioxide or prevention of pollution of the soil or waters of the state, the commission or the commission's duly authorized representatives may enter any property or facility which is subject to the provisions of K.S.A. 2023 Supp. 55-1637, and amendments thereto, for the purpose of observing, monitoring, collecting samples, examining records and facilities to determine compliance or noncompliance with state laws and rules and regulations relating to air pollution, water pollution, soil pollution or public health or safety.
(b) The representatives of the commission shall have the right of ingress and egress upon any lands to halt escape of carbon dioxide into the atmosphere from injection of carbon dioxide and to clean up pollution from injection of carbon dioxide over which the commission has jurisdiction pursuant to K.S.A. 2023 Supp. 55-1637, and amendments thereto. Such representatives shall have the power to occupy such land if necessary to investigate and prevent such escape or clean up such pollution or to investigate and plug any such carbon dioxide injection well. Any representative entering upon any land to investigate and prevent such escape or clean up such pollution or to investigate and plug any such carbon dioxide injection well shall not be liable for any damages necessarily resulting therefrom, except damages to growing crops, livestock or improvements on the land. Upon completion of activities on such land, such representative shall restore the premises to the original contour and condition as nearly as practicable.
History:
L. 2007, ch. 73, § 5; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 16 - Miscellaneous Provisions › 55-1641 Liability limitation.

55-1641.
Liability limitation.
(a) Except as permitted by the Kansas tort claims act, no provision of this act shall establish or create or impose upon the commission, any agent or employee thereof, or the state of Kansas any liability or responsibility to pay any damages resulting from the leak or discharge of carbon dioxide from any carbon dioxide injection well or the underground storage of carbon dioxide.
(b) This section shall be supplemental to and a part of the carbon dioxide reduction act.
History:
L. 2010, ch. 63, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 18 - Propane › 55-1805 Expenditure of moneys collected by council, limitations.

55-1805.
Expenditure of moneys collected by council, limitations.
Except as provided in subsection (j) of K.S.A. 55-1803, moneys collected by the council shall be expended only for the purposes of this act and shall not be used in any manner for influencing legislation or for political campaign contributions.
History:
L. 2003, ch. 102, § 5; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 18 - Propane › 55-1806 Act does not preempt other propane safety or education programs.

55-1806.
Act does not preempt other propane safety or education programs.
The provisions of this act do not preempt or supersede any other program relating to propane safety or education which has been organized and is operating under the laws of this state.
History:
L. 2003, ch. 102, § 6; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 18 - Propane › 55-1807 Citation of act; establishment of programs for regulation and licensing; definitions.

55-1807.
Citation of act; establishment of programs for regulation and licensing; definitions.
(a) This act shall be referred to as the Kansas propane safety and licensing act.
(b) The state fire marshal shall establish programs relating to the regulation and licensing of the liquefied petroleum gas industry in Kansas.
(c) For the purpose of this act:
(1) "Liquefied petroleum gas marketer" or "marketer" means any person, firm, corporation, association or other entity engaged directly in the retail sale or retail transport delivery of liquefied petroleum gas;
(2) "retail distribution of liquefied petroleum gas" means the delivery, sale or transportation of liquefied petroleum gas to an end retail user;
(3) "liquefied petroleum gas" means any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes, including, but not limited to, normal butane and isobutane and butylenes;
(4) "end retail user" means any consumer, person, firm or corporation who utilizes liquefied petroleum gas in Kansas;
(5) "liquefied petroleum gas system" or "system" means any equipment utilizing liquefied petroleum gas including a storage container, end point or points of combustion, appliances and all attachments utilizing or transporting liquefied petroleum gas;
(6) "returned to service" means the time at which liquefied petroleum gas is reintroduced into the liquefied petroleum gas system, any part of the liquefied petroleum gas system is repressurized, or at the completion of any installation, modification, repair or service of a system;
(7) "interruption of service" means (A) an event which causes a liquefied petroleum gas system to become, in total or in part, depressurized due to any installation, modification, repair, service; or (B) a change in occupancy or ownership of the location utilizing the liquefied petroleum gas system;
(8) "state fire marshal" means the fire marshal of the state of Kansas; and
(9) "liquefied petroleum gas facilities" means any liquefied petroleum gas facility with an aggregate water capacity exceeding 2,000 gallons.
History:
L. 2004, ch. 111, § 1; April 22.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 18 - Propane › 55-1808 Application of act.

55-1808.
Application of act.
(a) No person, firm, corporation, association or other entity shall engage in any activity relating to the retail distribution of liquefied petroleum gas, including, but not limited to, the manufacturing, assembling, modifying, fabrication, installing or selling of any system, container or apparatus to be used in the state of Kansas for the transportation, storing, dispensing or utilization of liquefied petroleum gas by an end retail user without first having obtained the proper license to do so as provided in this act.
(b) This act shall not apply to vehicles utilizing or machinery utilizing liquefied petroleum gas, the filling of cylinders by owners for private use, liquefied petroleum gas systems with a capacity of less than 20 gallons of liquefied petroleum gas or storage containers with a water capacity of 100 lbs or less unless otherwise stated in this act.
(c) Systems of liquefied petroleum gas with multiple storage containers serving different purposes or different geographical locations shall be treated as individual and separate systems.
History:
L. 2004, ch. 111, § 2; April 22.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 18 - Propane › 55-1809 Damages; comparative negligence and liability.

55-1809.
Damages; comparative negligence and liability.
(a) In any action brought against a liquefied petroleum gas marketer for personal injury or property damage, an end retail user's damages shall be reduced by the comparative negligence of the end retail user or any third party to the extent the action of the end retail user or the third party contributed to cause the personal injury or property damage, including, but not limited to, the end retail user's or third party's: (1) Modification, repair, service or alteration of the end retail user's liquefied petroleum gas system; or (2) failure to conduct a leak check or inspection of the liquefied petroleum gas system after any modification, repair, service or alteration of the end retail user's system.
(b) Nothing in this act is intended to limit any claim or defense that an act of an end retail user, third party, marketer or other person or entity contributed to cause the personal injury or property damage.
(c) In any action brought against a liquefied petroleum gas marketer for personal injury or property damage, evidence of the marketer's compliance or noncompliance with this act shall be admissible as evidence to support a claim or defense to the extent such evidence is relevant to the cause of the personal injury or property damage.
(d) Nothing in this act is intended to limit the liability of any individual, licensee, or liquefied petroleum gas marketer for any damages that arise from any reckless or intentional act of such individual, licensee or liquefied petroleum marketer.
(e) The state fire marshal shall develop an information notice and distribute the same annually to all licensees. The notice shall include a reference to this section, a description of the law and any additional information that the state fire marshal deems necessary and appropriate.
(f) Every liquefied petroleum gas marketer in the state of Kansas shall maintain continuous general liability coverage of not less than $1,000,000 and shall annually provide proof of insurance to the state fire marshal.
History:
L. 2004, ch. 111, § 3; April 22.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 18 - Propane › 55-1810 Liquefied petroleum gas facilities; application and plan; review by state fire marshal.

55-1810.
Liquefied petroleum gas facilities; application and plan; review by state fire marshal.
(a) An application and plan for design, construction, major modification and installation of all liquefied petroleum gas facilities shall be submitted to the state fire marshal. Construction, major modification and installation of all liquefied petroleum gas facilities owned or operated by a liquefied petroleum gas marketer shall not commence until such application and plan is reviewed and approved by the state fire marshal in accordance with rules and regulations.
(b) The state fire marshal shall approve or deny the submitted applications and plans within 20 business days upon receipt of all necessary documentation as provided for in rules and regulations. If the state fire marshal requests additional information from the applicant, the state fire marshal shall have an additional 20 business days from the day of receipt of such information to approve or deny the submitted application and plan.
History:
L. 2004, ch. 111, § 4; April 22.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 18 - Propane › 55-1811a Liquefied petroleum gas advisory board abolished.

55-1811a. Liquefied petroleum gas advisory board abolished.
On July 1, 2011, the liquefied petroleum gas advisory board created by K.S.A. 55-1811 is hereby abolished.
History:
L. 2011, ch. 50, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 18 - Propane › 55-1813 State fire marshal liquefied petroleum gas fee fund; creation.

55-1813.
State fire marshal liquefied petroleum gas fee fund; creation.
There is hereby created the state fire marshal liquefied petroleum gas fee fund. The state fire marshal shall remit all moneys received by or for it from fees or charges pursuant to the provisions of K.S.A. 55-1807 et seq., and amendments thereto, 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 state fire marshal liquefied petroleum gas fee fund. All expenditures from the state fire marshal liquefied petroleum gas 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 fire marshal or by a person or persons designated by the state fire marshal.
History:
L. 2004, ch. 111, § 7; April 22.
2023 Kansas Statutes › Chapter 56 - Partnerships › Article 1a - Revised Uniform Limited Partnership Act › 56-1a01 Title of act.

56-1a01.
Title of act.
K.S.A. 56-1a101 through 56-1a601 may be cited as the Kansas revised uniform limited partnership act.
History:
L. 1983, ch. 88, § 64; July 1.
2023 Kansas Statutes › Chapter 56 - Partnerships › Article 1a - Revised Uniform Limited Partnership Act › 56-1a,101 Definitions.

56-1a101.
Definitions.
As used in the Kansas revised uniform limited partnership act, unless the context otherwise requires:
(a) "Certificate of limited partnership" means the certificate referred to in K.S.A. 56-1a151 and amendments thereto and the certificate as amended.
(b) "Contribution" means any cash, property, services rendered, or a promissory note or other obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in the partner's capacity as a partner.
(c) "Event of withdrawal of a general partner" means an event that causes a person to cease to be a general partner as provided in K.S.A. 56-1a252 and amendments thereto.
(d) "Foreign limited partnership" means a partnership formed under the laws of any state or jurisdiction other than the state of Kansas, or under the laws of any foreign country, and having as partners one or more general partners and one or more limited partners.
(e) "General partner" means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and so named in the certificate of limited partnership or similar instrument of the state or foreign country under which the limited partnership is organized if so required.
(f) "Limited partner" means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.
(g) "Limited partnership" and "domestic limited partnership" mean a partnership formed by two or more persons under the laws of the state of Kansas and having one or more general partners and one or more limited partners.
(h) "Partner" means a limited or general partner.
(i) "Partnership agreement" means any valid written or oral agreement of the partners as to the affairs of a limited partnership and the conduct of its business.
(j) "Partnership interest" means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.
(k) "Person" means a natural person, partnership, domestic or foreign limited partnership, trust, estate, association, corporation, custodian, nominee or any other individual or entity in its own or any representative capacity.
(l) "State" means a state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
History:
L. 1983, ch. 88, § 1; L. 1987, ch. 208, § 1; L. 1988, ch. 195, § 1; July 1.
2023 Kansas Statutes › Chapter 56 - Partnerships › Article 1a - Revised Uniform Limited Partnership Act › 56-1a,106 Nature of business.

56-1a106.
Nature of business.
A limited partnership may conduct or promote any lawful business or purposes, except as otherwise provided by law of this state, which a partnership without limited partners may conduct or promote.
History:
L. 1983, ch. 88, § 6; July 1.
2023 Kansas Statutes › Chapter 56 - Partnerships › Article 1a - Revised Uniform Limited Partnership Act › 56-1a,107 Business transactions of partner with the partnership.

56-1a107.
Business transactions of partner with the partnership.
Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect thereto as a person who is not a partner.
History:
L. 1983, ch. 88, § 7; July 1.
2023 Kansas Statutes › Chapter 56 - Partnerships › Article 1a - Revised Uniform Limited Partnership Act › 56-1a,151 Certificate of limited partnership.

56-1a151. Certificate of limited partnership.
(a) In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the secretary of state. Such certificate shall set forth:
(1) The name of the limited partnership;
(2) the address of the registered office and the name and address of the resident agent for service of process required to be maintained by K.S.A. 17-7925, and amendments thereto;
(3) the name and the business or residence address of each general partner;
(4) the latest date upon which the limited partnership is to dissolve; and
(5) any other matters the general partners determine to include in the certificate.
(b) A limited partnership is formed at the time of the filing of the initial certificate of limited partnership in the office of the secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.
History:
L. 1983, ch. 88, § 8; L. 1987, ch. 208, § 3; L. 1988, ch. 195, § 4; L. 2021, ch. 61, § 39; July 1.
2023 Kansas Statutes › Chapter 56 - Partnerships › Article 1a - Revised Uniform Limited Partnership Act › 56-1a,152 Amendment to certificate of limited partnership by certificate of amendment or judicial decree.

56-1a152. Amendment to certificate of limited partnership by certificate of amendment or judicial decree.
(a) The certificate of limited partnership may be amended as provided in a certificate of amendment or judicial decree of amendment upon the filing of the certificate of amendment or judicial decree of amendment in the office of the secretary of state or upon the future effective date specified in the certificate of amendment or judicial decree of amendment. The certificate of amendment or judicial decree of amendment shall set forth:
(1) The name of the limited partnership; and
(2) the amendment to the certificate.
(b) A general partner who becomes aware that any statement in a certificate of limited partnership was false when made or that any matter described has changed, making the certificate inaccurate in any material respect, shall promptly amend the certificate.
(c) Notwithstanding the requirements of subsection (b), no later than 30 days after the happening of any of the following events an amendment to a certificate of limited partnership reflecting the occurrence of the event or events shall be filed by a general partner:
(1) The admission of a new general partner;
(2) the withdrawal of a general partner;
(3) the continuation of the partnership under K.S.A. 56-1a451, and amendments thereto, after the withdrawal of a general partner; or
(4) a change in the name of the limited partnership, the address of the registered office or the name or address of the resident agent.
(d) A certificate of limited partnership may be amended at any time for any other proper purpose determined by the general partners.
(e) Unless otherwise provided in this act or in the certificate of amendment, a certificate of amendment shall be effective at the time of its filing with the secretary of state.
History:
L. 1983, ch. 88, § 9; L. 1987, ch. 208, § 4; L. 1988, ch. 195, § 5; L. 2015, ch. 65, § 22; July 1.
2023 Kansas Statutes › Chapter 56 - Partnerships › Article 1a - Revised Uniform Limited Partnership Act › 56-1a,153 Cancellation of certificate.

56-1a153. Cancellation of certificate.
A certificate of limited partnership shall be canceled upon the dissolution and the commencement of winding up the affairs of the partnership, at any other time when there are no limited partners or as specified in this act. The certificate of limited partnership is canceled upon the filing of a certificate of cancellation or a judicial decree of cancellation in the office of the secretary of state or upon the future effective date specified in the certificate of cancellation or a judicial decree of cancellation or as specified in this act. A certificate of cancellation or judicial decree of cancellation shall be filed in the office of the secretary of state and set forth:
(a) The name of the limited partnership;
(b) the date of filing of its certificate of limited partnership;
(c) the reason for filing the certificate of cancellation;
(d) the future effective date of cancellation, which shall be a date certain, if it is not to be effective upon the filing of the certificate; and
(e) any other information the general partners determine proper.
History:
L. 1983, ch. 88, § 10; L. 2015, ch. 65, § 23; July 1.
2023 Kansas Statutes › Chapter 56 - Partnerships › Article 1a - Revised Uniform Limited Partnership Act › 56-1a,157 Liability for false statement in certificate.

56-1a157.
Liability for false statement in certificate.
(a) If any certificate of limited partnership or certificate of amendment or cancellation contains a materially false statement, one who suffers loss by reliance on the statement may recover damages for the loss from:
(1) Any person who executes the certificate, or causes another to execute it on the person's behalf, and who knew, and any general partner who knew or should have known, the statement to be false in any material respect at the time the certificate was executed; and
(2) any general partner who, after the certificate was executed, knows or should have known that any arrangement or other fact described in the certificate has changed, making the statement inaccurate in any material respect, if that general partner had sufficient time to amend or cancel the certificate, or to file a petition for its amendment or cancellation, before the statement was reasonably relied upon.
(b) No person shall have any liability for failing to cause the amendment or cancellation of a certificate to be filed or failing to file petition for its amendment or cancellation pursuant to subsection (a) if the certificate of amendment, certificate of cancellation or petition is filed within 30 days of when that person knew or should have known that the statement in the certificate was inaccurate in any material respect.
History:
L. 1983, ch. 88, § 14; July 1.