reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 9 - Conversions And Mergers › 56a-905 Merger of partnerships.

56a-905.
Merger of partnerships.
(a) Pursuant to a plan of merger approved as provided in subsection (c), a partnership may be merged with one or more partnerships.
(b) The plan of merger must set forth:
(1) The name of each partnership that is a party to the merger;
(2) the name of the surviving partnership into which the other partnerships will merge;
(3) the terms and conditions of the merger;
(4) the manner and basis of converting the interests of each party to the merger into interests or obligations of the surviving partnership, or into money or other property in whole or part; and
(5) the street address of the surviving partnership's principal office.
(c) The plan of merger must be approved by all of the partners, or a number or percentage specified for merger in the partnership agreement.
(d) After a plan of merger is approved and before the merger takes effect, the plan may be amended or abandoned as provided in the plan.
(e) The merger takes effect on the later of:
(1) The filing of all documents required by law to be filed as a condition to the effectiveness of the merger; or
(2) any effective date specified in the plan of merger.
(f) A merger in which a partnership and another form of entity are parties is governed by the business entity transactions act, K.S.A. 17-78-101 et seq., and amendments thereto.
History:
L. 1998, ch. 93, § 49; L. 2009, ch. 47, § 47; July 1, 2010.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 9 - Conversions And Mergers › 56a-906 Effect of merger.

56a-906.
Effect of merger.
(a) When a merger takes effect:
(1) The separate existence of every partnership that is a party to the merger, other than the surviving entity, ceases;
(2) all property owned by each of the merged partnerships vests in the surviving partnership;
(3) all obligations of every partnership that is a party to the merger are the obligations of the surviving partnership;
(4) an action or proceeding pending against a partnership that is a party to the merger may be continued as if the merger had not occurred, or the surviving partnership may be substituted as a party to the action or proceeding; and
(5) if the plan of merger provides for a person to become a partner in a surviving domestic partnership, the person becomes a partner without the need for the consent that would otherwise be required by subsection (i) of K.S.A. 56a-401, and amendments thereto.
(b) The secretary of state of this state is the agent for service of process in an action or proceeding against a surviving foreign partnership to enforce an obligation of a domestic partnership that is a party to a merger. The surviving entity shall promptly notify the secretary of state of the mailing address of its principal office and of any change of address. Service of process shall be made in the manner prescribed by K.S.A. 60-304, and amendments thereto.
(c) A partner of the surviving partnership is liable for:
(1) All obligations of a party to the merger for which the partner was personally liable before the merger;
(2) all other obligations of the surviving partnership incurred before the merger by a party to the merger, but those obligations may be satisfied only out of property of the partnership; and
(3) except as otherwise provided in K.S.A. 56a-306, and amendments thereto, all obligations of the surviving partnership incurred after the merger takes effect.
(d) Except as provided in K.S.A. 56a-306, and amendments thereto, if the obligations incurred before the merger by a party to the merger are not satisfied out of the property of the surviving partnership, the general partners of that party immediately before the effective date of the merger shall contribute the amount necessary to satisfy that party's obligations to the surviving partnership, in the manner provided in K.S.A. 56a-807, and amendments thereto, as the case may be, as if the merged party were dissolved.
(e) A partner of a party to a merger * is not a partner of the surviving partnership is dissociated from the partnership, of which that partner was a partner, as of the date the merger takes effect. A surviving domestic partnership is bound under K.S.A. 56a-702, and amendments thereto, by an act of a general partner dissociated under this subsection, and the partner is liable under K.S.A. 56a-703, and amendments thereto, for transactions entered into by the surviving partnership after the merger takes effect.
History:
L. 1998, ch. 93, § 50; L. 2009, ch. 47, § 48; July 1, 2010.
* The word "who" should have been included.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 9 - Conversions And Mergers › 56a-907 Statement of merger.

56a-907.
Statement of merger.
(a) After a merger, the surviving partnership may file a statement that the parties to the merger have merged into the surviving partnership.
(b) A statement of merger must contain:
(1) The name of each partnership that is a party to the merger;
(2) the name of the surviving partnership into which the other partnerships were merged; and
(3) the street address of the surviving partnership's principal office and of an office in this state, if any.
(c) Except as otherwise provided in subsection (d), for the purposes of K.S.A. 56a-302, and amendments thereto, property of the surviving partnership that before the merger was held in the name of another party to the merger is property held in the name of the surviving partnership upon filing a statement of merger.
(d) For the purposes of K.S.A. 56a-302, and amendments thereto, real property of the surviving partnership that before the merger was held in the name of another party to the merger is property held in the name of the surviving partnership upon recording a certified copy of the statement of merger in the office for recording transfers of that real property.
(e) A filed and, if appropriate, recorded statement of merger, executed and declared to be accurate pursuant to subsection (c) of K.S.A. 56a-105, and amendments thereto, stating the name of a partnership that is a party to the merger in whose name property was held before the merger and the name of the surviving partnership, but not containing all of the other information required by subsection (b), operates with respect to the partnerships named to the extent provided in subsections (c) and (d).
History:
L. 1998, ch. 93, § 51; L. 2009, ch. 47, § 49; July 1, 2010.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 9 - Conversions And Mergers › 56a-908 Nonexclusive provisions; partnerships may be merged pursuant to other laws.

56a-908.
Nonexclusive provisions; partnerships may be merged pursuant to other laws.
K.S.A. 56a-901 through 56a-908, and amendments thereto, are not exclusive. Partnerships may be merged in any other manner provided by law.
History:
L. 1998, ch. 93, § 52; L. 2009, ch. 47, § 50; July 1, 2010.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 10 - Limited Liability Partnership › 56a-1001 Statement of qualification.

56a-1001. Statement of qualification.
(a) A partnership may become a limited liability partnership pursuant to this section.
(b) The terms and conditions on which a partnership becomes a limited liability partnership must be approved by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions.
(c) After the approval required by subsection (b), a partnership may become a limited liability partnership by filing a statement of qualification. The statement must contain:
(1) The name of the partnership;
(2) the address of the registered office and the name of the resident agent for service of process required to be maintained pursuant to K.S.A. 17-7925, and amendments thereto;
(3) a statement that the partnership elects to be a limited liability partnership; and
(4) a deferred effective date, if any.
(d) The status of a partnership as a limited liability partnership is effective on the later of the filing of the statement or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to K.S.A. 56a-105(d), and amendments thereto, or revoked pursuant to K.S.A. 56a-1201, and amendments thereto.
(e) The status of a partnership as a limited liability partnership and the liability of its partners is not affected by errors or later changes in the information required to be contained in the statement of qualification under subsection (c).
(f) The filing of a statement of qualification establishes that a partnership has satisfied all conditions precedent to the qualification of the partnership as a limited liability partnership.
(g) An amendment or cancellation of a statement of qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation.
History:
L. 1998, ch. 93, § 53; L. 2010, ch. 37, § 4; L. 2021, ch. 61, § 44; July 1.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 10 - Limited Liability Partnership › 56a-1003 Distributions; limitations.

56a-1003.
Distributions; limitations.
A partner may not receive a distribution from a limited liability partnership to the extent that, after giving effect to the distribution, all liabilities of the limited liability partnership, other than liabilities to partners on account of their partnership interests, exceed the fair value of the partnership assets.
History:
L. 1998, ch. 93, § 63; January 1, 1999.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 10 - Limited Liability Partnership › 56a-1004 Return of contribution; liability.

56a-1004.
Return of contribution; liability.
(a) If a partner has received the return of any part of the partner's contribution without violation of the partnership agreement or this act, the partner is liable to the limited liability partnership for a period of one year thereafter for the amount of the returned contribution, but only to the extent necessary to discharge the limited liability partnership's liabilities to creditors who extended credit to the limited liability partnership during the period the contribution was held by the partnership.
(b) If a partner has received the return of any part of the partner's contribution in violation of the partnership agreement or this act, the partner is liable to the limited liability partnership for a period of six years thereafter for the amount of the contribution wrongfully returned.
(c) A partner receives a return of the partner's contribution to the extent that a distribution to the partner reduces the partner's share of the fair value of the net assets of the limited liability partnership below the value, as set forth in the records of the limited liability partnership, of the partner's contribution which has not been distributed to the partner.
History:
L. 1998, ch. 93, § 64; January 1, 1999.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 11 - Foreign Limited Liability Partnership › 56a-1102 Statement of foreign qualification; status as foreign limited liability partnership.

56a-1102. Statement of foreign qualification; status as foreign limited liability partnership.
(a) The status of a partnership as a foreign limited liability partnership is effective on the later of the filing of the statement of foreign qualification or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to subsection (d) of K.S.A. 56a-105, and amendments thereto, or revoked pursuant to K.S.A. 56a-1202, and amendments thereto.
(b) An amendment or cancellation of a statement of foreign qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation.
History:
L. 1998, ch. 93, § 59; L. 2010, ch. 37, § 5; L. 2014, ch. 121, § 45; January 1, 2015.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 11 - Foreign Limited Liability Partnership › 56a-1103 Effect of failure to qualify.

56a-1103.
Effect of failure to qualify.
(a) A foreign limited liability partnership transacting business in this state may not maintain an action or proceeding in this state unless it has in effect a statement of foreign qualification.
(b) The failure of a foreign limited liability partnership to have in effect a statement of foreign qualification does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this state.
(c) Limitations on personal liability of partners are not waived solely by transacting business in this state without a statement of foreign qualification.
(d) If a foreign limited liability partnership transacts business in this state without a statement of foreign qualification, the secretary of state is its agent for service of process with respect to claims for relief arising out of the transaction of business in this state. Service of process shall be made in the manner prescribed by K.S.A. 60-304 and amendments thereto.
History:
L. 1998, ch. 93, § 60; January 1, 1999.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 13 - Miscellaneous Provisions › 56a-1301 Uniformity of application and construction.

56a-1301.
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. 93, § 65; January 1, 1999.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 13 - Miscellaneous Provisions › 56a-1302 Title of act.

56a-1302.
Title of act.
K.S.A. 56a-101 through 56a-1305, and amendments thereto may be cited as the Kansas uniform partnership act.
History:
L. 1998, ch. 93, § 66; January 1, 1999.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 13 - Miscellaneous Provisions › 56a-1303 Severability clause.

56a-1303.
Severability clause.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1998, ch. 93, § 67; January 1, 1999.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 13 - Miscellaneous Provisions › 56a-1304 Applicability of act.

56a-1304.
Applicability of act.
(a) Before July 1, 1999, this act governs only a partnership formed:
(1) After the effective date of this act, unless that partnership is continuing the business of a dissolved partnership under the provisions of the prior uniform partnership act, K.S.A. 56-301 et seq. and amendments thereto; and
(2) before the effective date of this act, that elects, as provided by subsection (c), to be governed by this act.
(b) On and after July 1, 1999, this act governs all partnerships.
(c) Before July 1, 1999, a partnership voluntarily may elect, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be governed by this act. The provisions of this act relating to the liability of the partnership's partners to third parties apply to limit those partners' liability to a third party who had done business with the partnership within one year preceding the partnership's election to be governed by this act, only if the third party knows or has received a notification of the partnership's election to be governed by this act.
History:
L. 1998, ch. 93, § 68; January 1, 1999.
2023 Kansas Statutes › Chapter 56a - Kansas Uniform Partnership Act › Article 13 - Miscellaneous Provisions › 56a-1305 Savings clause.

56a-1305.
Savings clause.
This act does not affect an action or proceeding commenced or right accrued before this act takes effect.
History:
L. 1998, ch. 93, § 69; January 1, 1999.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-201 Definitions.

57-201.
Definitions.
As used in this act, "person" means any individual, resident or nonresident, of this state, and every domestic or foreign or alien partnership, society, association or corporation; the words "performing rights" refer to "public performance for profit"; the word "user" means any person who directly or indirectly performs or causes to be performed musical compositions for profit; the term "blanket license" includes any device whereby public performance for profit is authorized of the combined copyrights of two or more owners; the term "blanket royalty or fee" includes any device whereby prices for performing rights are not based on the separate performance of individual copyrights.
History:
L. 1939, ch. 306, § 1; June 24.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-208 Gross receipts tax; payment; rules and regulations; blank forms.

57-208.
Gross receipts tax; payment; rules and regulations; blank forms.
From and after the effective date of this act there is hereby levied, and there shall be collected, a tax, for the act or privilege of selling, licensing, or otherwise disposing of performing rights in such compositions in this state, in an amount equal to three percent of the gross receipts of all such sales, licenses or other dispositions of performing rights in this state, payable to the state treasurer on or before the fifteenth day of March, 1940, with respect to all such gross receipts for the portion of the calendar year 1939 after the effective date of this act, and annually thereafter, on or before the fifteenth of March of each succeeding year, with respect to the gross receipts of the preceding calendar year. The state treasurer shall adopt and publish rules and regulations not in conflict herewith, as well as a form of return and any other forms to carry out the provisions of this section.
History:
L. 1939, ch. 306, § 8; June 24.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-211 Prior contracts or licenses not affected.

57-211.
Prior contracts or licenses not affected.
Nothing contained in this act shall be so construed as to impair or affect the obligation of any contract or license which was lawfully entered into prior to the effective date of this act.
History:
L. 1939, ch. 306, § 11; June 24.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-212 Invalidity of part.

57-212.
Invalidity of part.
If any section, sentence, clause or word of this act shall be held to be unconstitutional, the invalidity of such section, sentence, clause or word shall not affect the validity of any other portion of this act, it being the intent of this legislature to enact each of the provisions of this act insofar as they conform to the constitution of this state and of the United States.
History:
L. 1939, ch. 306, § 12; June 24.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-221 Definitions.

57-221.
Definitions.
As used in this section:
(a) "Copyright owner" means the owner of a copyright of a nondramatic musical work, other than a motion picture or other audio visual work, recognized and enforceable under the copyright laws of the United States pursuant to title 17 of the United States Code.
(b) "Performing rights society" means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American society of composers, authors and publishers (ASCAP), broadcast music, inc. (BMI), and SESAC, inc.
(c) "Proprietor" means the owner of a retail establishment, restaurant, hotel, bar, tavern, sports or entertainment facility; a not-for-profit organization; or any other similar place of business or professional office located in this state in which the public may assemble and in which nondramatic musical works may be performed, broadcast or otherwise transmitted.
(d) "Royalty" or "royalties" means the license fees payable by a proprietor to a performing rights society for the public performance of nondramatic musical works.
History:
L. 1996, ch. 102, § 1; July 1.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-222 Required information.

57-222.
Required information.
No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than 72 hours prior to the execution of that contract, the society provides to the proprietor, in writing, the following:
(a) A schedule of the rates and terms of royalties under the contract;
(b) upon request of the proprietor, the opportunity to review the most currently available list of the members or affiliates represented by the performing rights society; and
(c) notice that it will make available, upon request of any proprietor, at the sole expense of the proprietor, the most currently available list of the copyrighted musical works in the performing rights society's repertory, provided the notice shall include a toll-free telephone number and shall specify the means by which such information may be secured.
History:
L. 1996, ch. 102, § 2; July 1.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-223 Contents.

57-223.
Contents.
Every contract for the payment of royalties between a proprietor and a performing rights society executed in this state shall:
(a) Be in writing;
(b) be signed by the parties; and
(c) include at least the following information:
(1) The proprietor's name and business address and the name and the location of each place of business to which the contract applies;
(2) the name and address of the performing rights society;
(3) the duration of the contract; and
(4) the schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract.
History:
L. 1996, ch. 102, § 3; July 1.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-224 Prohibited acts.

57-224.
Prohibited acts.
(a) No agent or employee of a performing rights society shall:
(1) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of royalties for the use of copyrighted works by that proprietor without first identifying the agent or employee to the proprietor or the proprietor's employees; or
(2) collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment or any other fee except as provided in a contract executed pursuant to the provisions of this act.
(b) Nothing in this act shall be construed to prohibit a performing rights society from informing the proprietor of the proprietor's obligations under the federal copyright law, title 17 of the United States Code.
History:
L. 1996, ch. 102, § 4; July 1.
Section was not printed in bound volume of the Kansas Statutes Annotated.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-225 Remedies.

57-225.
Remedies.
Any person who suffers a violation of this act may bring an action to recover actual damages and reasonable attorney fees, and seek an injunction and any other available remedy.
History:
L. 1996, ch. 102, § 5; July 1.
Section was not printed in bound volume of the Kansas Statutes Annotated.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-226 Act supplemental to other law.

57-226.
Act supplemental to other law.
The rights, remedies and prohibitions accorded by the provisions of this act shall be in addition to and cumulative of any other right, remedy or prohibition accorded by common law, federal law or the statutes of this state, and nothing contained in this section shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.
History:
L. 1996, ch. 102, § 6; July 1.
Section was not printed in bound volume of the Kansas Statutes Annotated.
2023 Kansas Statutes › Chapter 57 - Patent Rights And Copyrights › Article 2 - Musical And Dramatic-musical Compositions › 57-227 Exemptions.

57-227. Exemptions.
This act shall not apply to:
(a) Investigations by law enforcement officers or other persons concerning a suspected violation of subsection (a)(3) of K.S.A. 21-5806, and amendments thereto; or
(b) contracts between copyright owners or performing rights societies and broadcasters licensed by the federal communications commission or contracts with cable operators, programmers or other transmission services.
History:
L. 1996, ch. 102, § 7; L. 2011, ch. 30, § 203; July 1.
Section was not printed in bound volume of the Kansas Statutes Annotated.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-201 Liens for materials and services; filing statements with register of deeds, contents.

58-201.
Liens for materials and services; filing statements with register of deeds, contents.
Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods, personal property, chattels, horses, mules, wagons, buggies, automobiles, trucks, trailers, locomotives, railroad rolling stock, barges, aircraft, equipment of all kinds, including but not limited to construction equipment, vehicles of all kinds, and farm implements of whatsoever kind, a first and prior lien on such personal property is hereby created in favor of such person performing such work, making such repairs or improvements or replacing, adding or installing such equipment and such lien shall amount to the full amount and reasonable value of the services performed and shall include the reasonable value of all material used in the performance of such services and the reasonable value of all equipment replaced, added or installed.
If such property shall come into the lien claimant's possession for the purpose of having the work, repairs or improvements made or the equipment replaced, added or installed thereon, such lien shall be valid as long as the lien claimant retains possession of the property, and the claimant of the lien may retain the same after parting with the possession of the property by filing within 90 days in the office of the register of deeds, under oath, a statement of the items of the account and a description of the property on which the lien is claimed, with the name of the owner thereof, in the county where the work was performed and in the county of the residence of the owner, if such is known to the claimant.
If the lien claimant was never in possession of the property, the lien claimant may retain the lien by filing, within 90 days after the date upon which work was last performed, material was last furnished in performing such work or making such repairs or improvements or equipment was last replaced, added or installed in the office of the register of deeds, under oath, a statement of the items of the account and a description of the property on which the lien is claimed, with the name of the owner thereof and the date upon which work was last performed, material was last furnished in performing such work or making such repairs or improvements or equipment was last replaced, added or installed, in the county where the work was performed and in the county of the residence of the owner, if such is known to the claimant.
As used in this section, "equipment" includes tires and other standard equipment on vehicles.
History:
R.S. 1923, 58-201; L. 1947, ch. 313, § 1; L. 1961, ch. 264, § 1; L. 1969, ch. 273, § 1; L. 1986, ch. 206, § 1; L. 1988, ch. 196, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-202 Same; enforcement and foreclosure; time restrictions; destruction of records.

58-202.
Same; enforcement and foreclosure; time restrictions; destruction of records.
Such lien may be enforced and foreclosed as security agreements are enforced under the provisions of the uniform commercial code. Any legal action necessary to enforce or foreclose upon any such lien filed in the office of the register of deeds shall be brought within one year of the date such lien was filed, and unless such action is brought within such time, such lien shall be deemed to have been abandoned and shall be thereafter void. After five years from the date such lien has been filed, the register of deeds of the county where the lien is filed may remove the lien from the records and destroy the records.
History:
L. 1913, ch. 218, § 3; R.S. 1923, 58-202; L. 1965, ch. 564, § 404; L. 1988, ch. 196, § 2; L. 1990, ch. 198, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-203 Lien for threshing or husking.

58-203.
Lien for threshing or husking.
Any person operating a threshing machine, or engaged in the business of threshing and harvesting grain or grain crops, shucking, husking or gathering of corn, either by hand or by machinery, for others, who shall under contract with the owners of such grain or grain crop, or with the mortgagee thereof, thresh, husk and harvest such grain or crop, shall be entitled to a lien thereon from the date of such harvesting, husking or threshing to secure the payment of any amount due for threshing, husking and harvesting, from and after the date of such threshing, husking or harvesting. Such lien shall be preferred to that of any prior security interest or encumbrance.
History:
L. 1917, ch. 231, § 1; L. 1923, ch. 159, § 1; R.S. 1923, 58-203; L. 1933, ch. 81, § 1 (Special Session); L. 1965, ch. 564, § 405; January 1, 1966.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-204 Same; lien statement to be filed with register of deeds; fee.

58-204.
Same; lien statement to be filed with register of deeds; fee.
Any person claiming a lien as provided in K.S.A. 58-203, and amendments thereto, shall file in the office of the register of deeds of the county in which the threshing or harvesting is done, a statement in writing, duly verified by such person. Such statement shall set forth the name of the owner or owners of the grain or grain crops, threshed or harvested, the kind of grain, the number of bushels threshed or acres harvested, the description of the land upon which such grain or grain crop was raised, the contract price for such threshing or harvesting, or the price or value of such wages, the date of the threshing or harvesting, the amount due and the name of the claimant.
Such statement shall be filed and entered by the register of deeds in the same manner and upon the same books as in the case of other financing statements provided for under the uniform commercial code. The register of deeds shall collect from the person presenting the statement, a fee equal to the fee for filing financing statements under the uniform commercial code. Such statement shall be filed within 30 days after the completion of such threshing or harvesting or the rendering of such services.
History:
L. 1917, ch. 231, § 2; L. 1923, ch. 159, § 2; R.S. 1923, 58-204; L. 1965, ch. 564, § 406; L. 2002, ch. 159, § 32; May 23.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-205 Same; assignment; time for bringing action.

58-205.
Same; assignment; time for bringing action.
Any lien created by this act may be assigned, and may be enforced by the person entitled thereto, by action brought against the owner of said grain, or grain crop, or any secured party, lien claimant, or against any purchaser who may have acquired any interest in said grain or grain crop subsequent to the beginning of such threshing or harvesting; but said action must be brought within ninety days after the filing of such statement, and unless said action be brought within such time, said lien shall be deemed to have been abandoned, and shall be thereafter void.
History:
L. 1917, ch. 231, § 3; L. 1923, ch. 159, § 3; R.S. 1923, 58-205; L. 1965, ch. 564, § 407; January 1, 1966.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-206 Same; selling, disposing or secreting grain with intent to defraud; penalty.

58-206.
Same; selling, disposing or secreting grain with intent to defraud; penalty.
Any person who shall be guilty of selling, disposing or secreting any grain, upon which a lien exists by virtue of and under the provisions of this act, with intent to defraud the person entitled to said lien, shall be deemed guilty of a misdemeanor and punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
History:
L. 1917, ch. 231, § 4; L. 1917, ch. 231, S.J.R. No. 12; April 5; R.S. 1923, 58-206.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-207 Lien for feed and care of livestock; sale for charges and expenses; assignment of lien.

58-207.
Lien for feed and care of livestock; sale for charges and expenses; assignment of lien.
The keepers of livery stables, and all others engaged in feeding horses, cattle, hogs, or other livestock, shall have a lien upon such property for the feed and care bestowed by them upon the same, and if reasonable or stipulated charges for such feed and care be not paid within sixty (60) days after the same becomes due, the property, or so much thereof as may be necessary to pay such charges and the expenses of publication and sale, may be sold as provided in this act: Provided, however, That any lien created by this act may be assigned.
History:
G.S. 1868, ch. 58, § 2; L. 1872, ch. 142, § 2; R.S. 1923, 58-207; L. 1970, ch. 216, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-208 Lien of forwarding merchant, warehouse keeper, carrier or other bailee; advertisement of sale by carrier.

58-208.
Lien of forwarding merchant, warehouse keeper, carrier or other bailee; advertisement of sale by carrier.
Any forwarding merchant, warehouse keeper, stage, express or railway company, hotelkeeper, carrier, or other bailee not hereinbefore named, having a lien upon goods which may have remained in store or in the possession of such bailee for six months or more, may proceed to sell such goods, or so much thereof as may be necessary to pay the amount of the lien and expenses, according to the provisions of this act: Provided, That such sale may be advertised and made by any carrier in any city of the first, second or third class through which its line runs, where, in the judgment of such carrier, the best price can be obtained for the property to be sold.
History:
G.S. 1868, ch. 58, § 3; L. 1872, ch. 142, § 3; March 21; R.S. 1923, 58-208.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-209 Sale of animals or goods of perishable nature after thirty days.

58-209.
Sale of animals or goods of perishable nature after thirty days.
If the property bailed or kept be horses, cattle, hogs, or other livestock, or is of a perishable nature and will be greatly injured by delay, or be insufficient to pay such charges for any further keeping, the person to whom such charges may be due may, after the expiration of thirty days from the time when such charges shall have become due, proceed to dispose of so much of such property as may be necessary to pay such charges and expenses as herein provided.
History:
G.S. 1868, ch. 58, § 4; L. 1872, ch. 142, § 4; March 21; R.S. 1923, 58-209.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-210 Additional compensation for care of property taken from proceeds.

58-210.
Additional compensation for care of property taken from proceeds.
Additional compensation for keeping and taking care of such property, necessarily incurred, may be taken from the proceeds of the sale as part of the charges.
History:
G.S. 1868, ch. 58, § 5; L. 1872, ch. 142, § 5; March 21; R.S. 1923, 58-210.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-211 Sale of property; notice required; form and content of notice.

58-211.
Sale of property; notice required; form and content of notice.
Before any such property shall be sold, if the name and residence of the owner thereof is known, notice of such sale shall be given the owner in writing, either personally or by mail, or by leaving a notice in writing at such person's residence or place of doing business. If the name and residence is not known, the person having the possession of such property shall cause a notice of the time and place of sale, and containing a description of the property, to be published at least once a week for three consecutive weeks in a newspaper, if there is one published in the county where such sale is advertised to take place, and if there is no newspaper published in such county, then the notice shall be published in some newspaper of general circulation in such county. If the value of the property does not exceed $100, such notice may be given by written or printed handbills posted in at least five public places in the township or city where the bailee resides or the sale is to take place, one of which shall be in a conspicuous part of the bailee's place of business. Notices given under this section shall state that if the amount due with storage keeping and sale costs is not paid within 15 days from the date of mailing, personally giving or posting of the notice (as the case may be), the property will be sold at public auction.
History:
G.S. 1868, ch. 58, § 6; L. 1872, ch. 142, § 6; R.S. 1923, 58-211; L. 1986, ch. 207, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-212 Public auction sale required.

58-212.
Public auction sale required.
All sales under this act shall be at public auction, for cash.
History:
G.S. 1868, ch. 58, § 7; L. 1872, ch. 142, § 7; March 21; R.S. 1923, 58-212.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-213 Proceeds of sale.

58-213.
Proceeds of sale.
The proceeds of such sale, after the payment of charges and the expenses of publication and sale, shall, if the owner be absent, be deposited with the treasurer of the county where the sale takes place by the person making such sale, he or she taking the treasurer's receipt therefor, and shall be subject to the order of the person legally entitled thereto.
History:
G.S. 1868, ch. 58, § 8; L. 1872, ch. 142, § 8; March 21; R.S. 1923, 58-213.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-214 Filing copies of notices, proof of publication and other papers with county clerk; evidence.

58-214.
Filing copies of notices, proof of publication and other papers with county clerk; evidence.
Copies of the notices required by this act, and proof of the publication, posting or giving thereof, and an affidavit of the mechanic, artisan, tradesman, carrier or other bailee, or some competent agent or witness in his or her behalf, setting forth the claim and the actual expenses of the publication and sale, shall be filed and kept in the county clerk's office of the county where the sale takes place, and the same or copies thereof duly certified by such clerk shall be received as presumptive evidence of the matters therein contained.
History:
G.S. 1868, ch. 58, § 9; L. 1872, ch. 142, § 9; March 21; R.S. 1923, 58-214.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-215 Voluntary delivery of property as abandonment of lien; waiver by special contract.

58-215.
Voluntary delivery of property as abandonment of lien; waiver by special contract.
The voluntary delivery to the owner or claimant of any personal property by any person claiming a lien thereon, as provided in this act, shall be held to be an abandonment of such lien, and such lien may also be waived by special contract.
History:
G.S. 1868, ch. 58, § 10; L. 1872, ch. 142, § 10; March 21; R.S. 1923, 58-215.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-218 Liens for seeding and baling broomcorn and baling hay.

58-218.
Liens for seeding and baling broomcorn and baling hay.
Any person operating a broomcorn seeder and baler, or hay baler, or engaged in the business of seeding and baling broomcorn or baling hay for others, who shall, under contract with the owners of any broomcorn or hay, or with the mortgagee thereof, seed or bale such broomcorn or hay, shall be entitled to a lien thereon from the date of such seeding and baling to secure the payment of any amount due for seeding or baling from and after the date of such seeding or baling. Such lien shall be preferred to that of any prior security interest or encumbrance.
History:
L. 1933, ch. 80, § 1 (Special Session); L. 1965, ch. 564, § 408; January 1, 1966.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-219 Perfection, duration and enforcement of such liens.

58-219.
Perfection, duration and enforcement of such liens.
The lien herein provided shall be perfected in the same manner as is now provided by law in the case of threshers' liens, and shall be of the same duration and enforced and collected in the same manner as is provided in the case of threshers' liens.
History:
L. 1933, ch. 80, § 2 (Special Session); November 27.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-220 Agister's lien; recording notice with register of deeds; sale for charges and expenses.

58-220.
Agister's lien; recording notice with register of deeds; sale for charges and expenses.
Any owner of pasture lands, or the trustee or agent of such owner, who shall lease or rent such pasture lands exclusively for pasture purposes to any person, copartnership or corporation for the pasturing of cattle, horses, sheep or other livestock shall have a first and prior lien upon all of such livestock or so much thereof as may be necessary to secure the payment of the rent for said pasture lands, only, and said lien shall be preferred to that of any prior security interest or other encumbrance and shall be valid irrespective of possession by the owner of such lands, or the owner's trustee or agent: Provided, The lessor record a duly verified notice of his or her claim to a lien upon such livestock in the office of the register of deeds in the county where such livestock is pastured prior to the expiration of fifteen (15) days after such livestock is removed from the pasture.
If the contract price be not paid when the same is due and payable, the said livestock, or so much thereof as may be necessary to pay said lien and the expenses of sale, may be sold at public sale in the county where the lien arose, after giving ten days' written notice to the owner, trustee or agent by registered mail at his or her last-known address, and by publishing notice of said sale once in a newspaper of general circulation in the county where said livestock may be located: Provided further, That foreclosure proceedings must be commenced on or before December thirty-first following the season for which such rent is owing.
History:
L. 1937, ch. 267, § 1; L. 1938, ch. 53, § 1; L. 1939, ch. 229, § 1; L. 1965, ch. 564, § 409; January 1, 1966.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-221 Same; disposition of proceeds of sale.

58-221.
Same; disposition of proceeds of sale.
The proceeds of such sale, after the payment of all charges and expenses of sale, and the lien of the claimant, shall be deposited with the county treasurer wherein said livestock was sold. The proceeds so deposited shall be held by said county treasurer subject to the order of the person or persons legally entitled thereto.
History:
L. 1937, ch. 267, § 2; March 29.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-222 Lien for work, labor or materials supplied by cleaning establishments; foreclosure; notice before sale; inapplicable to stored property.

58-222.
Lien for work, labor or materials supplied by cleaning establishments; foreclosure; notice before sale; inapplicable to stored property.
Any person doing any cleaning, pressing, glazing, washing, alteration, repair, or furnishing any materials or supplies for or upon any garment, clothing, wearing apparel, or household goods, shall have a lien thereon for the reasonable value of the unpaid work, labor or material and supplies used, which said lien may be foreclosed in the manner provided by this act. Any garment, clothing, wearing apparel, or household goods remaining in the possession of a person, firm, partnership, or corporation, on which cleaning, pressing, glazing, or washing has been done or upon which alterations or repairs have been made, or on which materials or supplies have been used or furnished, for a period of ninety (90) days or more may after said cleaning, pressing, glazing or washing has been done or said alterations or repairs have been made or said materials or supplies have been used or furnished be sold to pay the reasonable or agreed charges and the cost of notifying the owner or owners: Provided, however, That the person, firm, partnership, or corporation to whom such charges are payable and owing shall first notify the owner or owners of the time and place of such sale: Provided further, That property that is to be placed in storage after any of the services or labors mentioned herein, shall not be affected by the provisions of this section.
History:
L. 1961, ch. 266, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-223 Same; property stored after labor or materials supplied; sale, when; notice to owners; inapplicable to warehousemen.

58-223.
Same; property stored after labor or materials supplied; sale, when; notice to owners; inapplicable to warehousemen.
All garments, clothing, wearing apparel, or household goods placed in storage, or on which any of the services or labors mentioned in the preceding section of this act have been performed and then placed in storage by agreement and remaining in the possession of a person, firm, partnership, or corporation without the reasonable or agreed charges having been paid for a period of twelve (12) months, may be sold to pay said charges: Provided, That the person, firm, partnership, or corporation to whom the charges are payable, shall first notify the owner or owners thereof of the time and place of the sale: Provided, however, That the persons, firms, partnerships, or corporations operating as warehouses or warehousemen shall not be affected by this section.
History:
L. 1961, ch. 266, § 2; June 30.