reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1118 Licensing required to conduct credit services organization business; application.

50-1118. Licensing required to conduct credit services organization business; application.
(a) No person shall engage in, or hold such person out as willing to engage in any credit services organization business with a resident of this state without first obtaining licensing from the commissioner. Any person required to be licensed as a credit services organization shall submit to the commissioner an application for licensing on forms prescribed and provided by the commissioner. The application for licensing shall include:
(1) The applicant's name, business address, telephone number and website address, if any;
(2) the name and address of each owner, officer, director, member or partner of the applicant;
(3) a description of the ownership interest of any officer, director, member, partner, agent or employee of the applicant in any affiliate or subsidiary of the applicant or in any other entity that provides any service to the applicant or any consumer relating to the applicant's credit services organization business;
(4) a description of the applicant's consumer education program; and
(5) any other information the commissioner may deem necessary to evaluate the financial responsibility and condition, character, qualifications and fitness of the applicant.
(b) Each application for licensing shall be accompanied by a nonrefundable fee which shall be established by the commissioner through the adoption of rules and regulations.
(c) The application shall be approved and a nontransferable and non-assignable license shall be issued to the applicant provided:
(1) The commissioner has received the complete application and fee required by this section; and
(2) the commissioner determines the financial responsibility and condition, character, qualifications and fitness of the applicant warrants a belief the business of the applicant will be conducted competently, honestly, fairly and in accordance with all applicable state and federal laws.
(d) Each credit services organization license issued under this section shall expire on April 30 of each year. A license shall be renewed by filing with the commissioner, at least 30 days prior to the expiration of the license, a complete renewal application, containing information the commissioner requires to determine the existence and effect of any material changes from the information contained in the applicant's original application, annual reports or prior renewal applications. Each renewal shall be accompanied by a nonrefundable renewal fee which shall be established by rules and regulations of the commissioner.
(e) If the commissioner fails to issue a license within 60 days after a filed application is deemed complete by the commissioner, the applicant may make written request for hearing. The commissioner shall conduct a hearing in accordance with the Kansas administrative procedure act.
History:
L. 2004, ch. 22, § 3; L. 2017, ch. 52, § 14; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1119 Bond; requirements.

50-1119. Bond; requirements.
Each applicant or licensee shall file with the commissioner a surety bond in a form acceptable to the commissioner. The surety bond shall be issued by a surety or insurance company authorized to conduct business in this state, securing the applicant's or licensee's faithful performance of all duties and obligations of a licensee. The surety bond shall:
(a) Be payable to the office of the state bank commissioner;
(b) provide that the bond may not be terminated without 30 days prior written notice to the commissioner, and that such termination shall not affect the surety's liability for violations of the Kansas credit services organization act occurring prior to the effective date of cancellation, and principal and surety shall be and remain liable for a period of two years from the date of any action or inaction of principal that gives rise to a claim under the bond;
(c) provide that the bond shall not expire for two years after the date of surrender, revocation or expiration of the applicant's or licensee's license, whichever shall first occur;
(d) be available for:
(1) The recovery of expenses, fines and fees levied by the commissioner under this act; and
(2) payment of losses or damages which are determined by the commissioner to have been incurred by any consumer as a result of the applicant's or licensee's failure to comply with the requirements of this act; and
(e) the amount of the bond shall be $25,000. The amount of the bond may be increased up to $1,000,000, as further defined by rules and regulations adopted by the commissioner.
History:
L. 2004, ch. 22, § 4; L. 2017, ch. 52, § 15; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1122 Registrant's duties regarding certain funds paid to licensee.

50-1122. Registrant's duties regarding certain funds paid to licensee.
(a) Within four calendar days after receipt of any funds paid to the licensee by or on behalf of a consumer for disbursement to such consumer's creditors, a licensee shall deposit such funds in a trust account established for the benefit of consumers.
(b) A licensee shall:
(1) Maintain separate records of account for each consumer to whom the licensee provides debt management services;
(2) disburse any funds paid by or on behalf of a consumer to such consumer's creditors within 20 calendar days after receipt of such funds or the latest date before the consumer would incur any fee, charge or penalty due to delay in payment;
(3) correct any misdirected payments resulting from an error by the licensee;
(4) reimburse the consumer for any actual fees or other charges imposed by a creditor as a result of the misdirection; and
(5) disburse a consumer's funds from the trust account only to such consumer's creditors or back to the consumer.
(c) If a consumer rescinds the debt management services agreement, all funds held in the trust account on behalf of such consumer shall be refunded to the consumer within 10 calendar days from receipt of rescission by the licensee.
(d) A licensee shall not commingle any trust account established for the benefit of consumers with any operating accounts of the licensee.
History:
L. 2004, ch. 22, § 7; L. 2017, ch. 52, § 18; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1123 Licensee's report to consumer; required contents.

50-1123. Licensee's report to consumer; required contents.
A licensee shall provide a report at least once every three months to each consumer who has entered into a debt management services agreement with the licensee. The report shall include the:
(a) Total amount received from the consumer to date;
(b) total amount paid to each creditor to date;
(c) total payoff amount or an estimated balance due to each creditor on any debt owed by the consumer;
(d) fees paid to the licensee by the consumer; and
(e) amount held in the trust account on behalf of the consumer, or statement that no amount is currently held.
History:
L. 2004, ch. 22, § 8; L. 2017, ch. 52, § 19; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1124 Licensee's report to state bank commissioner; when required; contents; information confidential.

50-1124. Licensee's report to state bank commissioner; when required; contents; information confidential.
(a) (1) On or before April 1, of each year, each licensee shall file with the commissioner an annual report relating to credit services organization business conducted by the licensee during the preceding calendar year. The annual report shall be on a form prescribed by the commissioner.
(2) The information contained in the annual report shall be confidential and may be published only in composite form.
(b) Within 15 calendar days of any of the following events, a licensee shall file a written report with the commissioner describing the event and its expected impact on the licensee's business:
(1) The filing for bankruptcy or reorganization by the licensee;
(2) the institution of a revocation, suspension or other proceeding against the licensee by a governmental authority that is related to the licensee's credit services organization business in any state;
(3) a felony conviction of the licensee or any of its owners, officers, principals, directors, partners, members or debt management counselors;
(4) a change in the licensee's name or legal entity status; and
(5) the addition or loss of any owner, officer, partner or director.
(c) If a licensee fails to make any report required by this section to the commissioner, the commissioner may require the licensee to pay a late penalty of $100 for each day the report is overdue.
History:
L. 2004, ch. 22, § 9; L. 2017, ch. 52, § 20; L. 2022, ch. 62, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1125 Records; retention; inspection.

50-1125. Records; retention; inspection.
(a) Each licensee shall maintain and preserve complete and adequate business records including a general ledger containing all assets, liabilities, capital, income and expense accounts for a period of five years.
(b) Each licensee shall maintain and preserve complete and adequate records of each debt management services agreement during the term of the agreement and for a period of five years from the date of cancellation or completion of the agreement with each consumer. Such records shall contain all consumer information including, but not limited to, the debt management services agreement and any extensions thereto, payments, disbursements, charges and correspondence.
(c) If the licensee's records are located outside this state, the licensee shall provide the records to the commissioner within three calendar days or, at the commissioner's discretion, pay reasonable and necessary expenses for the commissioner or commissioner's designee to examine them at the place where they are maintained.
History:
L. 2004, ch. 22, § 10; L. 2017, ch. 52, § 21; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1127 Denial, suspension, revocation or refusal to renew license; notice.

50-1127. Denial, suspension, revocation or refusal to renew license; notice.
The commissioner may deny, suspend, revoke or refuse to renew a license issued pursuant to this act, and amendments thereto, if the commissioner finds, after notice and opportunity for a hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that:
(a) The applicant or licensee has repeatedly or willfully violated any provision of this act, any rule and regulation promulgated thereunder or any order lawfully issued by the commissioner pursuant to this act;
(b) the applicant or licensee has failed to file and maintain the surety bond required under this act;
(c) the applicant or licensee is insolvent;
(d) the applicant or licensee has filed with the commissioner any document or statement containing any false representation of a material fact or omitting to state a material fact;
(e) the applicant, licensee or any officer, director, member, owner, partner, principal or debt management counselor thereof has been convicted of any crime;
(f) the applicant or licensee fails to keep and maintain sufficient records to permit an audit satisfactorily disclosing to the commissioner the applicant's or licensee's compliance with the provision of this act;
(g) the applicant, licensee or an employee of the applicant or licensee has been the subject of any disciplinary action by the commissioner or any other state or federal regulatory agency;
(h) a final judgment has been entered against the applicant or licensee in a civil action and the commissioner finds the conduct on which the judgment is based indicates that it would be contrary to the public interest to permit such person to be licensed;
(i) the applicant or licensee has engaged in any deceptive business practice;
(j) facts or conditions exist which would have justified the denial of the license or renewal had such facts or conditions existed or been known to exist at the time the application for license or renewal was made; or
(k) the applicant or licensee has refused to furnish information required by the commissioner within a reasonable period of time as established by the commissioner.
History:
L. 2004, ch. 22, § 12; L. 2017, ch. 52, § 23; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1129 Cease and desist orders; civil fines.

50-1129. Cease and desist orders; civil fines.
(a) If the commissioner determines after notice and opportunity for a hearing pursuant to the Kansas administrative procedure act that any person has engaged, is engaging or is about to engage in any act or practice constituting a violation of any provision of this act or any rule and regulation promulgated or order issued thereunder, the commissioner by order may require any or all of the following:
(1) That the person cease and desist from the unlawful act or practice;
(2) that the person pay a fine not to exceed $10,000 per incident for the unlawful act or practice;
(3) if any person is found to have violated any provision of this act and such violation is committed against elder or disabled persons as defined in K.S.A. 50-676, and amendments thereto, the commissioner may impose an additional penalty not to exceed $10,000 for each such violation, in addition to any civil penalty otherwise provided by law;
(4) issue an order requiring the person to pay restitution for any loss arising from the violation or requiring the person to disgorge any profits arising from the violation. Such order may include the assessment of interest not to exceed 8% per annum from the date of the violation;
(5) that the person take such affirmative action as in the judgment of the commissioner will carry out the purposes of this act; or
(6) that the person be barred from subsequently applying for licensure under this act.
(b) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the commissioner may issue an emergency cease and desist order.
(1) Such emergency order, even when not an order within the meaning of K.S.A. 77-502, and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536, and amendments thereto.
(2) Upon the entry of such an emergency order, the commissioner shall promptly notify the person subject to the order that it has been entered, of the reasons, and that a hearing will be held upon written request by the person.
(3) If the person requests a hearing, or in the absence of any request, if the commissioner determines that a hearing should be held, the matter will be set for a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Upon completion of the hearing the commissioner shall, by written findings of fact and conclusions of law vacate, modify or make permanent the emergency order.
(4) If no hearing is requested and none is ordered by the commissioner, the emergency order shall remain in effect until such order is modified or vacated by the commissioner.
History:
L. 2004, ch. 22, § 14; L. 2017, ch. 52, § 25; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1130 Same; subpoenas.

50-1130.
Same; subpoenas.
(a) In case of contumacy by, or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the commissioner, may issue to that person an order requiring the person to appear before the commissioner, or the officer designated by the commissioner, there, to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court.
(b) No person shall be excused from attending and testifying or from producing any document or record before the commissioner or in obedience to the subpoena of the commissioner or the commissioner's designee, or in any proceeding instituted by the commissioner, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. No individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which such person is compelled, after claiming privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
History:
L. 2004, ch. 22, § 15; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1131 Same; criminal penalty.

50-1131.
Same; criminal penalty.
Any person violating the provisions of this act or any rule and regulation promulgated thereunder upon conviction shall be guilty of a class B nonperson misdemeanor.
History:
L. 2004, ch. 22, § 16; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1132 Same; construction; application of consumer protection act.

50-1132.
Same; construction; application of consumer protection act.
Any violation of this act or any rule and regulation promulgated thereunder is a deceptive act or practice under the Kansas consumer protection act. Any remedy provided by this act shall be construed to be in addition to other remedy provided by the Kansas consumer protection act.
History:
L. 2004, ch. 22, § 17; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1133 Same; private remedies.

50-1133.
Same; private remedies.
(a) Any consumer injured by a violation of this act or any rule and regulation promulgated thereunder may bring an action for recovery of damages. The damages awarded may not be less than the amount paid by the consumer to the credit services organization plus reasonable attorney fees and court costs.
(b) The consumer may also be awarded punitive damages.
History:
L. 2004, ch. 22, § 18; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1134 Same; injunction.

50-1134.
Same; injunction.
The commissioner, attorney general, county or district attorney or a consumer may bring an action in a district court to enjoin any violation of this act or any rule and regulation promulgated thereunder.
History:
L. 2004, ch. 22, § 19; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1135 Same; fees collected by commissioner.

50-1135.
Same; fees collected by commissioner.
All fees collected by the commissioner pursuant to this act shall be subject to the provisions of K.S.A. 75-1308 and amendments thereto.
History:
L. 2004, ch. 22, § 20; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1201 Citation of act.

50-1201. Citation of act.
K.S.A. 2023 Supp. 50-1201 through 50-1211, and amendments thereto, may be cited as the second amendment protection act.
History:
L. 2013, ch. 100, § 1; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1202 Legislative declaration.

50-1202. Legislative declaration.
The legislature declares that the authority for K.S.A. 2023 Supp. 50-1201 through 50-1211, and amendments thereto, is the following:
(a) The tenth amendment to the constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Kansas certain powers as they were understood at the time that Kansas was admitted to statehood in 1861. The guaranty of those powers is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
(b) The ninth amendment to the constitution of the United States guarantees to the people rights not granted in the constitution and reserves to the people of Kansas certain rights as they were understood at the time that Kansas was admitted to statehood in 1861. The guaranty of those rights is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
(c) The second amendment to the constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861, and the guaranty of that right is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
(d) Section 4 of the bill of rights of the constitution of the state of Kansas clearly secures to Kansas citizens, and prohibits government interference with, the right of individual Kansas citizens to keep and bear arms. This constitutional protection is unchanged from the constitution of the state of Kansas, which was approved by congress and the people of Kansas, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
History:
L. 2013, ch. 100, § 2; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1203 Definitions.

50-1203. Definitions.
As used in K.S.A. 2023 Supp. 50-1201 through 50-1211, and amendments thereto, the following definitions apply:
(a) "Borders of Kansas" means the boundaries of Kansas described in the act for admission of Kansas into the union, 12 stat. 126, ch. 20, § 1.
(b) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, collapsible or adjustable stocks and grips, pistol grips, thumbhole stocks, speedloaders, ammunition carriers and lights for target illumination.
(c) "Manufacture" means to assemble using multiple components to create a more useful finished product.
History:
L. 2013, ch. 100, § 3; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1204 Personal firearms, accessories and ammunition manufactured in Kansas; exempt, interstate commerce.

50-1204. Personal firearms, accessories and ammunition manufactured in Kansas; exempt, interstate commerce.
(a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in the state of Kansas.
(b) Component parts are not firearms, firearms accessories or ammunition, and their importation into Kansas and incorporation into a firearm, a firearm accessory or ammunition manufactured and owned in Kansas does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the legislature that such component parts are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition.
(c) Firearms accessories that are imported into Kansas from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Kansas.
History:
L. 2013, ch. 100, § 4; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1205 Firearms manufactured in Kansas; stamped requirement.

50-1205. Firearms manufactured in Kansas; stamped requirement.
A firearm manufactured in Kansas within the meaning of K.S.A. 2023 Supp. 50-1201 through 50-1211, and amendments thereto, must have the words "Made in Kansas" clearly stamped on a central metallic part, such as the receiver or frame.
History:
L. 2013, ch. 100, § 5; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1206 Certain federal laws made inapplicable; prohibition against enforcement.

50-1206. Certain federal laws made inapplicable; prohibition against enforcement.
(a) Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas.
(b) No official, agent or employee of the state of Kansas, or any political subdivision thereof, shall enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding any personal firearm, firearm accessory or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas.
History:
L. 2013, ch. 100, § 6; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1207 Criminal penalty; certain actions of federal officials.

50-1207. Criminal penalty; certain actions of federal officials.
It is unlawful for any official, agent or employee of the government of the United States, or employee of a corporation providing services to the government of the United States to enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas. Violation of this section is a severity level 10 nonperson felony. Any criminal prosecution for a violation of this section shall be commenced by service of complaint and summons upon such official, agent or employee. Such official, agent or employee shall not be arrested or otherwise detained prior to, or during the pendency of, any trial for a violation of this section.
History:
L. 2013, ch. 100, § 7; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1208 Kansas prosecutors; injunctive relief.

50-1208. Kansas prosecutors; injunctive relief.
A county or district attorney, or the attorney general, may seek injunctive relief in any court of competent jurisdiction to enjoin any official, agent or employee of the government of the United States or employee of a corporation providing services to the government of the United States from enforcing any act, law, treaty, order, rule or regulation of the government of the United States regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas.
History:
L. 2013, ch. 100, § 8; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1209 Firearms; exclusions.

50-1209. Firearms; exclusions.
K.S.A. 2023 Supp. 50-1201 through 50-1211, and amendments thereto, do not apply to: (a) A firearm that cannot be carried and used by one person;
(b) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
(c) other than shotguns, a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
History:
L. 2013, ch. 100, § 9; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1210 Application of act.

50-1210. Application of act.
K.S.A. 2023 Supp. 50-1201 through 50-1211, and amendments thereto, apply to firearms, firearms accessories and ammunition that are manufactured, as defined in K.S.A. 2023 Supp. 50-1203, and amendments thereto, owned and remain within the borders of Kansas on and after October 1, 2009.
History:
L. 2013, ch. 100, § 10; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition. › 50-1211 Severability.

50-1211. Severability.
If any provision of K.S.A. 2023 Supp. 50-1201 through 50-1210, and amendments thereto, or the application to any persons or circumstances is held to be invalid, such invalidity shall not affect the other provisions or application of K.S.A. 2023 Supp. 50-1201 through 50-1210, and amendments thereto, and to this end the provisions of K.S.A. 2023 Supp. 50-1201 through 50-1210, and amendments thereto, are declared to be severable.
History:
L. 2013, ch. 100, § 11; April 25.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 13 - Successor Corporation Asbestos-related Liability Fairness Act › 50-1301 Title of act.

50-1301. Title of act.
K.S.A. 2023 Supp. 50-1301 through 50-1307, and amendments thereto, shall be known and may be cited as the successor corporation asbestos-related liability fairness act.
History:
L. 2014, ch. 45, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 13 - Successor Corporation Asbestos-related Liability Fairness Act › 50-1302 Definitions.

50-1302. Definitions.
As used in the successor corporation asbestos-related liability fairness act:
(a) "Asbestos claim" means the same as in K.S.A. 60-4901, and amendments thereto. "Asbestos claim" also means any claim for damage or loss caused by the installation, presence or removal of asbestos.
(b) "Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state.
(c) "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors.
(d) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under K.S.A. 2023 Supp. 50-1305, and amendments thereto, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments or other discharges in this state or another jurisdiction.
(e) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
History:
L. 2014, ch. 45, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 13 - Successor Corporation Asbestos-related Liability Fairness Act › 50-1303 Application to successor corporations; exceptions.

50-1303. Application to successor corporations; exceptions.
(a) The limitations in K.S.A. 2023 Supp. 50-1304, and amendments thereto, shall apply to any successor corporation. The limitations of K.S.A. 2023 Supp. 50-1304, and amendments thereto, shall not apply to:
(1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of chapter 44 of the Kansas Statutes Annotated, and amendments thereto, or a comparable workers' compensation law of another jurisdiction;
(2) any claim against a corporation that does not constitute a successor asbestos-related liability;
(3) any obligation under the national labor relations act, 29 U.S.C. § 151 et seq., or under any collective bargaining agreement; or
(4) a successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
History:
L. 2014, ch. 45, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 13 - Successor Corporation Asbestos-related Liability Fairness Act › 50-1304 Limitation on liability.

50-1304. Limitation on liability.
(a) Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation shall not have responsibility for successor asbestos-related liabilities in excess of this limitation.
(b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) for purposes of determining the limitation of liability of a successor corporation.
History:
L. 2014, ch. 45, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 13 - Successor Corporation Asbestos-related Liability Fairness Act › 50-1305 Methods of establishing fair market value.

50-1305. Methods of establishing fair market value.
(a) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under K.S.A. 2023 Supp. 50-1304, and amendments thereto, through any method reasonable under the circumstances, including, but not limited to:
(1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction; or
(2) in the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b) Total gross assets include intangible assets.
(c) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions and limits of such insurance shall not be affected by this section, nor shall this section otherwise affect the rights and obligations of an insurer, transferor or successor under any insurance contract or any related agreements, including, without limitation, preenactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before July 1, 2014, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
History:
L. 2014, ch. 45, § 5; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 13 - Successor Corporation Asbestos-related Liability Fairness Act › 50-1306 Adjustment of the fair market value of total gross assets.

50-1306. Adjustment of the fair market value of total gross assets.
(a) Except as provided in subsections (b), (c) and (d), the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of:
(1) The prime rate as listed in the first edition of the wall street journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the wall street journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and
(2) one percent.
(b) The rate described in subsection (a) shall not be compounded.
(c) The adjustment of the fair market value of total gross assets shall continue as provided in subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the definition of total gross assets by subsection (c) of K.S.A. 2023 Supp. 50-1305, and amendments thereto.
History:
L. 2014, ch. 45, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 13 - Successor Corporation Asbestos-related Liability Fairness Act › 50-1307 Application of act.

50-1307. Application of act.
(a) The courts of this state shall construe the provisions of the successor corporation asbestos-related liability fairness act liberally with regard to successors.
(b) The successor corporation asbestos-related liability fairness act shall apply to all asbestos claims filed against a successor on or after July 1, 2014. The successor corporation asbestos-related liability fairness act shall also apply to any pending asbestos claims against a successor in which trial has not commenced as of July 1, 2014, except that any provisions of these sections that would be unconstitutional if applied retroactively shall be applied prospectively.
History:
L. 2014, ch. 45, § 7; July 1.
2023 Kansas Statutes › Chapter 51 - Motion Pictures › Article 2 - Bidding Practices › 51-201 Definitions.

51-201.
Definitions.
As used in this act, unless the context clearly requires otherwise:
(a) "Bid" means a written or oral proposal by an exhibitor to a distributor, which proposal is in response to an invitation to bid or negotiate and states the terms under which the exhibitor will agree to exhibit a motion picture in this state.
(b) "Blind bidding" means bidding, negotiating, offering terms, accepting a bid or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement.
(c) "Distributor" means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors.
(d) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge.
(e) "Exhibitor" means any person engaged in the business of operating a theater in this state.
(f) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture in this state.
(g) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state.
(h) "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. "First run" means the initial exhibition of a motion picture in a designated geographic area for a specified period of time. "Subsequent run" means any continuous exhibition of a motion picture in a designated geographic area for a specified period of time after the first run.
(i) "Theater" means any establishment in which motion pictures are exhibited regularly to the public for a charge.
(j) "Trade screening" means the showing of a motion picture by a distributor in at least one of the four most populous counties in this state, which showing is open to any exhibitor interested in exhibiting the motion picture.
History:
L. 1981, ch. 216, § 1; L. 1986, ch. 199, § 1; July 1.
2023 Kansas Statutes › Chapter 51 - Motion Pictures › Article 2 - Bidding Practices › 51-202 Blind bidding prohibited; notice of screening required.

51-202.
Blind bidding prohibited; notice of screening required.
(a) Blind bidding is hereby prohibited within this state. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to for the exhibition of any motion picture in this state before the motion picture has been trade screened within this state.
(b) Every distributor shall furnish to all exhibitors in this state reasonable and uniform notice of all trade screenings that are held by the distributor within this state.
History:
L. 1981, ch. 216, § 2; July 1.
2023 Kansas Statutes › Chapter 51 - Motion Pictures › Article 2 - Bidding Practices › 51-203 Bidding procedures and requirements.

51-203.
Bidding procedures and requirements.
(a) If bids are solicited from exhibitors for the purpose of entering into a license agreement, the invitation to bid shall specify:
(1) The number and length of runs to which the invitation to bid applies;
(2) whether the invitation to bid applies to a first or subsequent run;
(3) the geographic area for each run;
(4) the names of all exhibitors who are being given an invitation to bid; and
(5) the date, hour and location at which the bid is required to be made.
(b) If the motion picture that is the subject of a bid has not already been trade screened within this state, the distributor soliciting the bid shall include in the invitation to bid the date, time and location of the trade screening of the motion picture that is the subject of the invitation to bid.
(c) If a distributor issues invitations to bid for a motion picture and the distributor receives no bids for the motion picture, the distributor may then negotiate for the picture with all exhibitors on the bid list. No further bidding shall be required. If a distributor receives bids which are not acceptable to the distributor the first time the motion picture is bid, the distributor shall rebid the motion picture a second time. If after bidding the motion picture a second time the bids are still unacceptable, the distributor shall notify all exhibitors that the bids are rejected and then may negotiate the motion picture. No further bidding shall be required and all exhibitors shall be given an opportunity to negotiate.
History:
L. 1981, ch. 216, § 3; July 1.
2023 Kansas Statutes › Chapter 51 - Motion Pictures › Article 3 - Unlawful Recording › 51-301 Unlawful use of a recording device.

51-301.
Unlawful use of a recording device.
(a) Unlawful use of a recording device is knowingly operating, in a motion picture theater, while a motion picture is being exhibited, an audiovisual recording function of a device without the consent of the owner or lessee of such theater.
(b) Unlawful use of a recording device is a class A nonperson misdemeanor on conviction of the first offense. Unlawful use of a recording device is a severity level 9, nonperson felony on conviction of a second or subsequent conviction.
(c) This section shall not apply to a person operating an audiovisual recording device as part of such person's lawfully authorized investigative, law enforcement, protective or intelligence gathering duties as a lawfully authorized investigative, law enforcement, protective or intelligence gathering employee or agent of the state or federal government.
(d) As used in this section:
(1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
(2) "Motion picture theater" means a movie theater, screening room or other venue when used primarily for the exhibition of a motion picture.
History:
L. 2004, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 51 - Motion Pictures › Article 3 - Unlawful Recording › 51-302 Same; detention of violator; civil immunity.

51-302.
Same; detention of violator; civil immunity.
(a) The owner or lessee of a motion picture theater where a motion picture is being exhibited, or the authorized agent or employee thereof, who alerts law enforcement authorities of an alleged violation of K.S.A. 51-301, and amendments thereto, shall not be liable in any civil action arising out of measures taken by such owner, lessee, agent or employee in the course of subsequently detaining a person that the owner, lessee, agent or employee in good faith believed to have violated K.S.A. 51-301, and amendments thereto, while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.
(b) "Motion picture theater" has the meaning ascribed thereto in K.S.A. 51-301, and amendments thereto.
History:
L. 2004, ch. 64, § 2; July 1.
2023 Kansas Statutes › Chapter 52 - Negotiable Instruments › Article 7 - Presentment For Payment › 52-717 Bank transactions on Saturday afternoon or holiday.

52-717.
Bank transactions on Saturday afternoon or holiday.
No provision of any law of this state shall be so construed as to prevent banks from paying checks, drafts, or other bills of exchange upon Saturday afternoon, or upon any legal holiday: Provided, Such payments would be legal if made at other times.
History:
L. 1915, ch. 93, § 1; R.S. 1923, 52-717; L. 1965, ch. 564, § 402; January 1, 1966.