reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1435 Assumption of risk by participant; pleading.

32-1435.
Assumption of risk by participant; pleading.
Except as provided in K.S.A. 32-1436, and amendments thereto, any participant is assuming the inherent risks of a registered agritourism activity when such participant engages in such agritourism activity. In any action for damages arising from the operation of a registered agritourism activity, the registered agritourism operator, pursuant to K.S.A. 60-208, and amendments thereto, shall plead an affirmative defense of assumption of risk by the participant.
History:
L. 2004, ch. 97, § 6; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1436 Liability of operator.

32-1436.
Liability of operator.
Nothing in this act shall prevent or limit the liability of a registered agritourism operator if:
(a) The registered agritourism operator injures the participant by willful or wanton conduct; or
(b) the registered agritourism operator has actual knowledge of a dangerous condition in the land, facilities or equipment used in the registered agritourism activity or the dangerous propensity of a particular animal used in such activity and does not make such dangerous condition known to the participant and such dangerous condition causes the participant to sustain injuries.
History:
L. 2004, ch. 97, § 7; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1437 Same; limitation of.

32-1437.
Same; limitation of.
Any limitation on legal liability afforded to a registered agritourism operator by this act shall be in addition to any other limitation of legal liability otherwise provided by law. Nothing in this act, nor failure by any person to comply with the provisions of this act, shall be construed to limit, restrict or impede the application of K.S.A. 58-3202 et seq., and amendments thereto, to any person, and a registered agritourism operator entitled to coverage under K.S.A. 58-3202 et seq., and amendments thereto, shall be entitled to the full limits of liability afforded under K.S.A. 58-3202 et seq., and amendments thereto.
History:
L. 2004, ch. 97, § 8; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1438 Kansas income tax credit allowed for certain costs of liability insurance for corporations; rules and regulations adopted by secretary of commerce.

32-1438. Kansas income tax credit allowed for certain costs of liability insurance for corporations; rules and regulations adopted by secretary of commerce.
(a) For taxable years commencing on and after December 31, 2003, December 31, 2004, December 31, 2005, December 31, 2006, and December 31, 2007, there shall be allowed as a credit against the tax liability of a taxpayer imposed under the Kansas income tax act, an amount equal to 20% of the cost of liability insurance paid by a registered agritourism operator who operates an agritourism activity on the effective date of this act. No tax credit claimed pursuant to this subsection shall exceed $2,000. If the amount of such tax credit exceeds the taxpayer's income tax liability for such taxable year, the amount thereof that exceeds such tax liability may be carried over for deduction from the taxpayer's income tax liability in the next succeeding taxable year or years until the total amount of tax credit has been deducted from tax liability, except that no such tax credit shall be carried forward for deduction after the third taxable year succeeding the taxable year in which the tax credit is claimed.
(b) For the first five taxable years commencing after a taxpayer opens such taxpayer's business, after the effective date of this act, there shall be allowed as a credit against the tax liability of a taxpayer imposed under the Kansas income tax act, an amount equal to 20% of the cost of liability insurance paid by a registered agritourism operator who starts an agritourism activity after the effective date of this act. No tax credit claimed pursuant to this subsection shall exceed $2,000. If the amount of such tax credit exceeds the taxpayer's income tax liability for such taxable year, the amount thereof that exceeds such tax liability may be carried over for deduction from the taxpayer's income tax liability in the next succeeding taxable year or years until the total amount of tax credit has been deducted from tax liability, except that no such tax credit shall be carried forward for deduction after the third taxable year succeeding the taxable year in which the tax credit is claimed.
(c) The secretary of commerce shall adopt rules and regulations establishing criteria for determining those costs which qualify as costs of liability insurance for agritourism activities of a registered agritourism operator.
(d) As used in this section, terms mean the same as provided by K.S.A. 32-1432, and amendments thereto.
(e) For tax year 2013 and all tax years thereafter, the income tax credit provided by this section shall only be available to taxpayers subject to the income tax on corporations imposed pursuant to of K.S.A. 79-32,110(c), and amendments thereto, and shall be applied only against such taxpayer's corporate income tax liability.
History:
L. 2004, ch. 97, § 9; L. 2012, ch. 135, § 4; L. 2013, ch. 133, § 14; L. 2023, ch. 7, § 106; July 1.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 1 - Statute Of Frauds › 33-101 Trusts.

33-101.
Trusts.
All gifts and conveyances of goods and chattels, made in trust to the use of the person or persons making the same shall, to the full extent of both the corpus and income made in trust to such use, be void and of no effect, regardless of motive, as to all past, present or future creditors; but otherwise shall be valid and effective.
History:
G.S. 1868, ch. 43, § 1; R.S. 1923, 33-101; L. 1949, ch. 274, § 1; June 30.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 1 - Statute Of Frauds › 33-102 Transfers to delay or defraud creditors or purchasers.

33-102.
Transfers to delay or defraud creditors or purchasers.
Every gift, grant or conveyance of lands, tenements, hereditaments, rents, goods or chattels, and every bond, judgment or execution, made or obtained with intent to hinder, delay or defraud creditors of their just and lawful debts or damages, or to defraud or to deceive the person or persons who shall purchase such lands, tenements, hereditaments, rents, goods or chattels, shall be deemed utterly void and of no effect.
History:
G.S. 1868, ch. 43, § 2; October 31; R.S. 1923, 33-102.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 1 - Statute Of Frauds › 33-103 Sale of personal property without change of possession; exceptions.

33-103.
Sale of personal property without change of possession; exceptions.
Except as otherwise provided in the uniform commercial code, every sale or conveyance of personal property unaccompanied by an actual and continued change of possession shall be deemed to be void as against purchasers without notice and existing or subsequent creditors, until it is shown that such sale was made in good faith and upon sufficient consideration. This section shall not interfere with the provisions of law relating to security agreements.
History:
G.S. 1868, ch. 43, § 3; R.S. 1923, 33-103; L. 1965, ch. 564, § 414; January 1, 1966.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 1 - Statute Of Frauds › 33-104 Loan of goods and chattels.

33-104.
Loan of goods and chattels.
Except as otherwise provided by law, where any loan of goods and chattels shall be pretended to have been made to any person with whom (or those claiming under him) possession shall have remained for the space of five years, such goods and chattels shall be deemed the property of the person having had such possession, unless a reservation of the right of such goods and chattels shall have been made to the lender in writing, and such writing shall have been recorded within six months from the time of making such loan, in the register's office for the county where one or both of the parties shall then have resided.
History:
G.S. 1868, ch. 43, § 4; R.S. 1923, 33-104; L. 1989, ch. 120, § 14; July 1.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 1 - Statute Of Frauds › 33-105 Leases or estates exceeding one year in duration.

33-105.
Leases or estates exceeding one year in duration.
No leases, estates or interests of, in or out of lands, exceeding one year in duration, shall at any time hereafter be assigned or granted, unless it be by deed or note, in writing, signed by the party so assigning or granting the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
History:
G.S. 1868, ch. 43, § 5; October 31; R.S. 1923, 33-105.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 1 - Statute Of Frauds › 33-106 Specific cases where writing required.

33-106.
Specific cases where writing required.
No action shall be brought whereby to charge a party upon any special promise to answer for the debt, default or miscarriage of another person; or to charge any executor or administrator upon any special promise to answer damages out of his own estate; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully authorized in writing.
History:
G.S. 1868, ch. 43, § 6; L. 1905, ch. 266, § 1; March 21; R.S. 1923, 33-106.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-202 Insolvency.

33-202.
Insolvency.
(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.
(b) A debtor who is generally not paying such debtor's debts as they become due is presumed to be insolvent.
(c) A partnership is insolvent under subsection (a) if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
(d) Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under this act.
(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
History:
L. 1998, ch. 13, § 2; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-203 Value.

33-203.
Value.
(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of subsection (a)(2) of K.S.A. 33-204 and 33-205, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
History:
L. 1998, ch. 13, § 3; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-204 Transfers fraudulent as to present and future creditors.

33-204.
Transfers fraudulent as to present and future creditors.
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1) With actual intent to hinder, delay or defraud any creditor of the debtor; or
(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(B) intended to incur, or believed or reasonably should have believed that such debtor would incur, debts beyond such debtor's ability to pay as they became due.
(b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:
(1) The transfer or obligation was to an insider;
(2) the debtor retained possession or control of the property transferred after the transfer;
(3) the transfer or obligation was disclosed or concealed;
(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5) the transfer was of substantially all the debtor's assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
History:
L. 1998, ch. 13, § 4; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-205 Transfers fraudulent as to present creditors.

33-205.
Transfers fraudulent as to present creditors.
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
History:
L. 1998, ch. 13, § 5; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-206 When transfer is made or obligation is incurred.

33-206.
When transfer is made or obligation is incurred.
For the purposes of this act:
(a) A transfer is made:
(1) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(2) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this act that is superior to the interest of the transferee;
(b) if applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this act, the transfer is deemed made immediately before the commencement of the action;
(c) if applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee;
(d) a transfer is not made until the debtor has acquired rights in the asset transferred;
(e) an obligation is incurred:
(1) If oral, when it becomes effective between the parties; or
(2) if evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
History:
L. 1998, ch. 13, § 6; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-207 Remedies of creditors.

33-207.
Remedies of creditors.
(a) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in K.S.A. 33-208, may obtain:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by K.S.A. 60-701 et seq., and amendments thereto, or other appropriate provision of law;
(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(B) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(C) any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
History:
L. 1998, ch. 13, § 7; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-208 Defenses, liability and protection of transferee.

33-208.
Defenses, liability and protection of transferee.
(a) A transfer or obligation is not voidable under subsection (a)(1) of K.S.A. 33-204 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
(b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under subsection (a)(1) of K.S.A. 33-207, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:
(1) The first transferee of the asset or the person for whose benefit the transfer was made; or
(2) any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.
(c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Notwithstanding voidability of a transfer or an obligation under this act, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation to:
(1) A lien on or a right to retain any interest in the asset transferred;
(2) enforcement of any obligation incurred; or
(3) a reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under subsection (a)(2) of K.S.A. 33-204 or 33-205 if the transfer results from:
(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(2) enforcement of a security interest in compliance with article 9 of the uniform commercial code.
(f) A transfer is not voidable under subsection (b) of K.S.A. 33-205:
(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;
(2) if made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3) if made pursuant to good faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
History:
L. 1998, ch. 13, § 8; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-209 Extinguishment of cause of action.

33-209.
Extinguishment of cause of action.
A cause of action with respect to a fraudulent transfer or obligation under this act is extinguished unless action is brought:
(a) Under subsection (a)(1) of K.S.A. 33-204, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(b) under subsection (a)(2) of K.S.A. 33-204 or subsection (a) of K.S.A. 33-205, within four years after the transfer was made or the obligation was incurred; or
(c) under subsection (b) of K.S.A. 33-205, within one year after the transfer was made or the obligation was incurred.
History:
L. 1998, ch. 13, § 9; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-210 Supplementary provisions.

33-210.
Supplementary provisions.
Unless displaced by the provisions of this act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions.
History:
L. 1998, ch. 13, § 10; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-211 Uniformity of application and construction.

33-211.
Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
L. 1998, ch. 13, § 11; January 1, 1999.
2023 Kansas Statutes › Chapter 33 - Statute Of Frauds; Fraudulent Conveyances › Article 2 - Uniform Fraudulent Transfer Act › 33-212 Title of act.

33-212.
Title of act.
This act may be cited as the uniform fraudulent transfer act.
History:
L. 1998, ch. 13, § 12; January 1, 1999.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-101 Warehouses; supervision of; warehouse fee fund created.

34-101.
Warehouses; supervision of; warehouse fee fund created.
(a) The Kansas department of agriculture shall have supervision and regulation of all warehouses operated under the Kansas public warehouse laws relating to storage of grain.
(b) The Kansas department of agriculture shall have the authority to cooperate with any private entity or organization or local, state or national organization or agency, whether voluntary or created by the law of any state, or by national law, engaged in work or activities similar to the work and activities of the department, and to enter into contracts and agreements with such entities, organizations or agencies for carrying on a joint campaign of development, education and publicity.
(c) No provision of this section shall be construed to prohibit or prevent the secretary of agriculture or any authorized representatives from inspecting any weighing or measuring device or otherwise performing any of the secretary's duties pursuant to any provision of chapter 83 of Kansas Statutes Annotated, and amendments thereto.
(d) (1) There is hereby created the warehouse fee fund in the state treasury. The secretary shall remit all moneys received by or for the secretary from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the warehouse fee fund. All expenditures from such 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 secretary or by a person or persons designated by the secretary.
(2) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the warehouse fee fund interest earnings based on:
(A) The average daily balance of moneys in the warehouse fee fund for the preceding month; and
(B) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 1907, ch. 222, § 1; L. 1915, ch. 229, § 1; L. 1919, ch. 285, § 4; R.S. 1923, 34-101; L. 1933, ch. 189, § 1; L. 1959, ch. 194, § 1; L. 1990, ch. 142, § 1; L. 1991, ch. 108, § 1; Revived, L. 1997, ch. 167, § 2; L. 1997, ch. 167, § 3; L. 2001, ch. 5, § 105; L. 2004, ch. 101, § 192; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-101b Warehouse examining procedures; federal cooperation; contracts.

34-101b.
Warehouse examining procedures; federal cooperation; contracts.
(a) The secretary of agriculture is authorized and empowered to enter into contracts and agreements necessary to cooperate with the commodity credit corporation, a public corporation organized under the laws of the United States or other federal agencies to make uniform the procedures followed in examining state licensed public grain warehouses and to make available to the commodity credit corporation or other federal agencies the information acquired under such examining procedures by state warehouse examiners.
(b) The secretary of agriculture is authorized and empowered to enter into contracts and agreements necessary to cooperate with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purpose and provisions of this chapter and the United States warehouse act, 7 U.S.C.A., section 241, et seq. Notwithstanding any other provisions of this chapter, such agreements may relate to a joint program for licensing and bonding. Such a program may be designed to avoid duplication of effort on the part of the licensing authority and requirements for operation, and promote more efficient enforcement of the provisions of this chapter and comparable provisions of the laws of the states of Nebraska, Colorado, Missouri and Oklahoma.
History:
L. 1955, ch. 233, § 1; L. 1996, ch. 43, § 1; L. 1997, ch. 160, § 11; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-101c Warehouse examining procedures; contracts with federal corporations and agencies; disposition of moneys received; warehouse fee fund.

34-101c.
Warehouse examining procedures; contracts with federal corporations and agencies; disposition of moneys received; warehouse fee fund.
Any contracts entered into pursuant to K.S.A. 34-101b, and amendments thereto, may provide for reimbursement to the Kansas department of agriculture by the commodity credit corporation for such services so performed and furnished, and any money received pursuant to the terms of such contracts shall be deposited in the warehouse fee fund.
History:
L. 1955, ch. 233, § 2; L. 1973, ch. 2, § 11; L. 1997, ch. 160, § 12; L. 2004, ch. 101, § 162; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-102 Duties of secretary; penalties.

34-102.
Duties of secretary; penalties.
(a) The secretary shall:
(1) Adopt any rules and regulations necessary to enforce the laws of this state relating to storage of grain and management of public warehouses;
(2) investigate all complaints of, and to the extent possible correct occurrences of, fraud or oppression in the grain trade; and
(3) investigate and, at the secretary's discretion, monitor a grain handling facility when the secretary believes it is operating as a public grain warehouse without a valid federal or state warehouse license.
(b) Violation of any provision of this section is a class B misdemeanor.
(c) No provision of this section shall be construed to prohibit or prevent either the secretary of agriculture or the secretary's authorized representatives from inspecting any weighing or measuring device or otherwise performing any of the secretary's duties pursuant to any provision of chapter 83 of Kansas Statutes Annotated, and amendments thereto.
History:
L. 1907, ch. 222, § 3; L. 1915, ch. 229, § 2; L. 1921, ch. 199, § 1; R.S. 1923, 34-102; L. 1933, ch. 189, § 5; L. 1983, ch. 135, § 4; L. 1989, ch. 121, § 1;. L. 1990, ch. 364, § 2; L. 1997, ch. 160, § 13; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-111 Duties of attorney general and county or district attorney.

34-111.
Duties of attorney general and county or district attorney.
(a) The secretary shall have the duty to report in writing to the attorney general and to the county or district attorney of the county where the grain warehouse is located:
(1) Any finding by an examiner of the department that there is a substantial shortage in the amount of grain in a grain warehouse and that the shortage is not adequately accounted for; and
(2) any complaint which is referred to the secretary pursuant to K.S.A. 34-121, and amendments thereto, and which the secretary reasonably believes is a basis for prosecution.
(b) In any criminal prosecution against a warehouseman for a violation of any provision of this act, it shall be the duty of the attorney general to prosecute the suit to a final determination. Upon request by the attorney general, the county or district attorney of the county or district where the suit is being prosecuted shall assist the attorney general in the prosecution.
History:
L. 1907, ch. 222, § 18; R.S. 1923, 34-111; L. 1982, ch. 179, § 1; L. 1983, ch. 136, § 1; L. 1997, ch. 160, § 14; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-125 Charges by grain warehouses; minimum-maximum schedule; determined by the secretary.

34-125.
Charges by grain warehouses; minimum-maximum schedule; determined by the secretary.
(a) The secretary, prior to June 1 each year, shall determine a schedule of maximum and minimum charges to be made by public grain warehouses, licensed under the laws of the state of Kansas, for the storage of grain and for such other and extraordinary services performed or to be performed by such licensed public grain warehousemen during the ensuing license year. Such charges made by such warehouse shall be filed with the Kansas department of agriculture and such warehouse shall not be required to refile such charges unless such warehouse is changing such charges that are posted or until such time that the charges are changed by the secretary.
(b) If any of such charges be changed from those previously in effect the secretary shall notify all currently licensed public warehousemen of such schedule of maximum and minimum charges.
History:
L. 1953, ch. 218, § 5; L. 1967, ch. 227, § 1; L. 1996, ch. 43, § 3; L. 1997, ch. 160, § 15; L. 2004, ch. 101, § 163; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-126 Policy of Kansas concerning high-quality grain.

34-126.
Policy of Kansas concerning high-quality grain.
It is declared to be the policy of the state of Kansas to: (1) Promote the production of high-quality grain; (2) promote storage and handling practices which will assist in the maintenance of grain quality; and (3) promote the marketing of grain of high quality to both domestic and foreign buyers. The objective of this policy is to provide greater economic incentives for production and sale of high-quality grain.
History:
L. 1987, ch. 146, § 1; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-128 Abolishment of state grain inspection department; transfer of limited powers and duties.

34-128.
Abolishment of state grain inspection department; transfer of limited powers and duties.
On and after September 1, 1997:
(a) The Kansas state grain inspection department established by K.S.A. 34-101 is hereby abolished.
(b) Except as otherwise provided by this act, all of the powers, duties and functions of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning public warehouses are hereby transferred to and conferred and imposed upon the department of agriculture and the secretary of agriculture.
(c) Except as otherwise provided by this act, all of the powers, duties and functions of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning grain inspection are hereby governed by the grain inspection, packers, stockyards administration of the United States department of agriculture.
History:
L. 1997, ch. 160, § 1; August 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-130 Same; officers and employees transferred; benefits and rights.

34-130.
Same; officers and employees transferred; benefits and rights.
Except as otherwise provided in this act, on September 1, 1997, officers and employees who, immediately prior to such date, were in positions engaged in the performance of powers, duties or functions of the Kansas state grain inspection department concerning public warehouses which are transferred by this act, or who become a part of the department of agriculture, or the powers, duties and functions of which are transferred to the department of agriculture, and if, in the opinion of the secretary of agriculture, those positions are necessary to perform the powers, duties and functions of the department of agriculture concerning public warehouses, shall be transferred to, and shall become officers and employees of the department of agriculture. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this section. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History:
L. 1997, ch. 160, § 3; August 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-131 Same; abolishment of positions determined to be unnecessary.

34-131.
Same; abolishment of positions determined to be unnecessary.
(a) Those positions in the grain inspection department which, in the opinion of the secretary of agriculture, are not necessary to perform the powers, duties and functions of the department of agriculture concerning public warehouses shall be abolished upon September 1, 1997. Thirty-day notice prior to September 1, 1997, shall be given by the secretary to employees in those positions determined to be unnecessary by the secretary. No bumping rights shall attach to the positions deemed unnecessary by the secretary of agriculture. No further action shall be required in order to abolish these positions.
(b) The provisions of this section shall take effect on and after August 1, 1997.
History:
L. 1997, ch. 160, § 4; August 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-132 Same; conflicts as to power, function or duty to be resolved by governor.

34-132.
Same; conflicts as to power, function or duty to be resolved by governor.
On and after September 1, 1997:
(a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The Kansas department of agriculture shall succeed to all property and records concerning public warehouses which were used for or pertain to the performance of the powers, duties and functions transferred to the Kansas department of agriculture. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
History:
L. 1997, ch. 160, § 5; L. 2004, ch. 101, § 164; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-133 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.

34-133.
Same; legal custody of records transferred; no abatement of suits, actions or proceedings.
On and after September 1, 1997:
(a) The Kansas department of agriculture shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the Kansas state grain inspection department concerning public warehouses and any agency or office transferred thereto under this act.
(b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 1997, ch. 160, § 6; L. 2004, ch. 101, § 165; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 1 - Public Warehouses; Department Of Agriculture › 34-134 Same; balance of funds and liabilities transferred.

34-134.
Same; balance of funds and liabilities transferred.
On and after September 1, 1997:
(a) The balance of all funds appropriated and reappropriated to the Kansas state grain inspection department concerning public warehouses is hereby transferred to the Kansas department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) The liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas state grain inspection department concerning public warehouses, or who become a part of the Kansas department of agriculture, or the powers, duties and functions of which are transferred to the Kansas department of agriculture, shall be assumed and paid by the Kansas department of agriculture.
History:
L. 1997, ch. 160, § 7; L. 2004, ch. 101, § 166; July 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-227b Rules for operation of grain bank grain.

34-227b.
Rules for operation of grain bank grain.
Grain bank grain shall be considered as storage grain and shall be subject to the laws and rules and regulations pertaining thereto until such time as such grain is either processed or removed from the warehouse. The secretary is authorized to adopt and enforce reasonable rules and regulations necessary in the conduct of grain bank operations in public warehouses.
History:
L. 1967, ch. 239, § 2; L. 1997, ch. 160, § 17; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-230 License; issuance, when; renewal; posting; suspension or revocation; appeal.

34-230.
License; issuance, when; renewal; posting; suspension or revocation; appeal.
(a) Upon receiving the application and financial statement required by this act, the secretary shall make an investigation and inspection of the warehouse or warehouses covered by the application. The secretary may issue a license to the applicant if:
(1) The applicant furnishes the bond or letter of credit required by K.S.A. 34-229, and amendments thereto;
(2) the warehouse or warehouses are found suitable for the proper storage of grain for which a license is applied for; and
(3) the applicant complies with all requirements for licensure prescribed by this act and rules and regulations adopted under this act.
(b) Every license shall be dated and shall designate the name of the licensee and the location of the licensed warehouse or warehouses.
(c) Each license shall expire one year from the date of its issuance except that, for the purpose of equitably distributing application dates of warehouse licenses throughout each calendar year, the secretary may issue licenses for periods longer than one year but not longer than two years. Licenses for periods longer than one year shall be charged the annual license fee, plus a monthly fee in proportion to the annual license fee for the number of months the license is issued beyond one year.
(d) Any licensee making application for renewal of a license shall submit the application, together with the licensee's financial statement and any additional information required, at least 30 days prior to the date of expiration of the licensee's current license. For each day that the licensee is late in submitting the application and required information, the licensee shall be penalized an additional fee of $5.
(e) The license shall be posted in a conspicuous place in the office room of the licensed warehouse at all times during the operation of the warehouse.
(f) If a licensee is convicted of any violation of the provisions of this act or if the secretary determines that a licensee does not comply with any requirement for licensure or has violated any provision of this act or of the rules and regulations adopted under this act, the secretary may at the secretary's discretion suspend or revoke the license of the licensee. All proceedings for the suspension or revocation of licenses shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(g) The licensee, if dissatisfied with the order of the secretary, may appeal in the manner provided by law.
History: L. 1931, ch. 194, § 8; L. 1955, ch. 232, § 7; L. 1957, ch. 253, § 3; L. 1967, ch. 230, § 1; L. 1982, ch. 180, § 2; L. 1983, ch. 137, § 3; L. 1984, ch. 151, § 3; L. 1986, ch. 152, § 2; L. 1988, ch. 356, § 72; L. 1990, ch. 143, § 1; L. 1997, ch. 160, § 20; L. 2000, ch. 30, § 3; March 30.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-230a Hearings; powers of secretary.

34-230a.
Hearings; powers of secretary.
The secretary shall have power in the conduct of any hearing authorized to be held by the secretary to examine, or cause to be examined, under oath, any person, and to examine or cause to be examined, books and records of any licensee; to hear testimony and take proof material for the secretary's information in the discharge of such duties under this act; to administer or cause to be administered oaths; and for any such purposes to issue subpoenas, to require the attendance of witnesses and the production of books which shall be effective in any part of this state. Any district court, or any judge thereof, either in term time or in vacation, may by order duly entered, require the attendance of witnesses and the production of relevant books and records subpoenaed by the secretary. The court or judge may compel obedience to the court's or judge's order by proceedings for contempt.
History:
L. 1955, ch. 232, § 8; L. 1976, ch. 145, § 158; L. 1997, ch. 160, § 21; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-230b Injunction proceedings; how prosecuted.

34-230b.
Injunction proceedings; how prosecuted.
The secretary may enjoin a warehouseman from violating or continuing to violate the provisions of chapter 34 of the Kansas Statutes Annotated, and amendments thereto, and the rules and regulations adopted by the secretary pursuant to such laws by filing injunction proceedings in the district court. In any such proceedings the district court, if it deems it proper, may order such warehouseman to not receive any more grain into such warehouse or to deliver any grain therefrom except as the court by its order shall direct. Such injunction proceeding shall be prosecuted by the attorney general or the county attorney of the proper county upon request of the secretary.
History:
L. 1955, ch. 232, § 9; L. 1997, ch. 160, § 22; September 1.
2023 Kansas Statutes › Chapter 34 - Grain And Forage › Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses › 34-231 Penalty for failure to obtain license; refusal to reissue revoked license, when.

34-231.
Penalty for failure to obtain license; refusal to reissue revoked license, when.
(a) Transaction of any public warehouse business at any public warehouse without a currently valid public warehouse license for that warehouse or without having the license displayed in the office room of the warehouse is a class C misdemeanor.
(b) The secretary may refuse to renew any license or grant a new one to any person whose license has been revoked within one year from the time of the revocation.
History:
L. 1931, ch. 194, § 9; L. 1970, ch. 156, § 1; L. 1983, ch. 135, § 7; L. 1997, ch. 160, § 23; September 1.