reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4013 Retroactive application.

58-4013.
Retroactive application.
(a) K.S.A. 58-4001 through 58-4007 are retroactively applicable to all property in the possession of a museum within the state on or after January 1, 1989.
(b) K.S.A. 58-4008 is effective July 1, 1990, and when effective is retroactively applicable to all property in the possession of a museum before July 1, 1990, and is prospectively applicable to all property in the possession of the museum on or after July 1, 1990, for which a claim is filed on or after July 1, 1990.
History:
L. 1989, ch. 120, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4101 Short title.

58-4101.
Short title.
This act shall be known and may be cited as the state certified and licensed real property appraisers act.
History:
L. 1990, ch. 270, § 1; L. 1991, ch. 164, § 1; May 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4104 Real estate appraisal board; establishment.

58-4104.
Real estate appraisal board; establishment.
(a) There is hereby established the real estate appraisal board.
(b) The board shall consist of seven members appointed by the governor. At least one member of the board shall represent the general public, at least two shall represent financial institutions and at least three shall be real estate appraisers. Upon expiration of the terms of the first members appointed to the board and thereafter: (1) No real estate appraiser member of the board shall be eligible to serve unless such member is a state certified or licensed appraiser; and (2) at least one appraiser member shall be a certified general real property appraiser. Any member representing the general public shall not be affiliated with any financial institution or in the practice of real estate appraising.
(c) Members of the board shall serve for terms of three years except that, of the members first appointed to the board, two shall serve for terms of two years and two shall serve for terms of one year, as designated by the governor. Upon expiration of a member's term, the member shall continue to hold office until the appointment and qualification of a successor. No person shall serve as a member of the board for more than two consecutive terms.
(d) The governor may remove a member of the board for cause.
(e) The board shall hold meetings and hearings in the city of Topeka or at such times and places as it designates, on call of the chairperson or on request of two or more members.
(f) The members of the board shall select a chairperson from among the members to preside at board meetings.
(g) A quorum of the board shall be four members.
(h) Each member of the board shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto for attendance at any meeting of the board or any subcommittee meeting authorized by the board.
History:
L. 1990, ch. 270, § 4; L. 1991, ch. 164, § 4; L. 1992, ch. 12, § 1; L. 1992, ch. 257, § 1; L. 1993, ch. 267, § 2; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4108 Application for certification, licensure or examination.

58-4108.
Application for certification, licensure or examination.
(a) Applications for original certification and licensure and renewal of certificates and licenses shall be made in writing to the board on forms approved by the board and shall be accompanied by the appropriate fees prescribed pursuant to K.S.A. 58-4107 and amendments thereto.
(b) Applications for examination shall be made in writing to the board on forms approved by the board and shall be accompanied by the appropriate fee prescribed pursuant to K.S.A. 58-4107 and amendments thereto. If a testing service has been designated by the board to administer the examination, applications for examination shall be made in writing to the testing service on forms approved by the testing service.
(c) At the time of filing an application for certification or licensure, each applicant shall sign a statement agreeing to comply with the standards set forth in this act and stating that the applicant understands the types of misconduct for which disciplinary proceedings may be initiated against a state certified or licensed appraiser, as set forth in this act.
History:
L. 1990, ch. 270, § 8; L. 1991, ch. 164, § 8; L. 1993, ch. 267, § 6; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4109 Classes of appraisers.

58-4109.
Classes of appraisers.
(a) There is hereby established the following classes of real property appraisers:
(1) State licensed real property appraiser classification;
(2) certified general real property appraiser classification;
(3) certified residential real property appraiser classification; and
(4) state provisional licensed real property appraiser classification.
(b) The board may establish, by rules and regulations, such other classifications as permitted by federal law.
(c) The board shall adopt rules and regulations, consistent with requirements and criteria adopted pursuant to federal law, to:
(1) Define each classification;
(2) establish education and experience requirements for each classification;
(3) establish examination specifications for each classification; and
(4) establish continuing education requirements for renewal of each classification.
(d) In adopting rules and regulations pursuant to subsection (c), the board shall determine the education, experience and examination requirements necessary to provide appropriate assurance that an applicant for certification or licensure is competent to perform appraisals within the scope of practice of the appraisal work authorized for the classification applied for and that persons renewing their certificates or licenses have current knowledge of real property appraisal theory, practices and techniques which will provide a high degree of service and protection to those members of the public with whom they deal. In making such determination, the board shall take into consideration the following:
(1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing and economic concepts applicable to real estate;
(2) understanding of the principles of land economics, real estate appraisal processes and problems likely to be encountered in gathering, interpreting and processing data in carrying out appraisal disciplines;
(3) understanding of the standards for the development and communication of real estate appraisals as provided in this act;
(4) knowledge of theories of depreciation, cost estimating, methods of capitalization and mathematics of real estate appraisal that are appropriate for the classification applied for;
(5) knowledge of such other principles and procedures as may be appropriate for the respective classifications;
(6) basic understanding of real estate law;
(7) understanding of the types of misconduct for which disciplinary proceedings may be initiated against a state certified or licensed appraiser, as set forth in this act;
(8) the requirements of federal law; and
(9) such other matters as the board determines appropriate and relevant.
(e) The application for original certification or licensure and examination shall specify the classification being applied for.
History:
L. 1990, ch. 270, § 9; L. 1991, ch. 164, § 9; L. 1993, ch. 267, § 7; L. 1994, ch. 241, § 1; L. 2005, ch. 179, § 20; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4110 Expiration of certificates and licenses.

58-4110.
Expiration of certificates and licenses.
Certificates and licenses issued pursuant to this act shall expire annually on June 30. The expiration date of the certificate or license shall appear on the certificate and no other notice of its expiration need be given to its holder.
History:
L. 1990, ch. 270, § 10; L. 1991, ch. 164, § 10; May 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4111 Reciprocal certification and licensure.

58-4111.
Reciprocal certification and licensure.
If, in the determination of the board, another state has certification and licensure requirements substantially equivalent to those of this state, an applicant who is certified or licensed under the laws of the other state may obtain certification or licensure under this act upon such terms and conditions as prescribed by the board.
History:
L. 1990, ch. 270, § 11; L. 1991, ch. 164, § 11; May 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4112 Real estate appraisers; renewal of certificate or license.

58-4112.
Real estate appraisers; renewal of certificate or license.
(a) To obtain renewal of a certificate or license, the holder of a current, valid certificate or license shall make application for renewal on a form provided by the board and pay the fee prescribed pursuant to K.S.A. 58-4107, and amendments thereto, to the board not earlier than 120 days nor later than 30 days prior to the expiration date of the certificate or license then held. With the application for renewal, the applicant shall present evidence in the form prescribed by the board of having completed the continuing education requirements for renewal specified in this act.
(b) If a person fails to apply for renewal prior to the date provided by subsection (a), the person may obtain renewal of a certificate or license if the person, not later than three months after expiration of the certificate or license, satisfies all of the requirements for renewal and pays the renewal and late fees prescribed pursuant to K.S.A. 58-4107, and amendments thereto.
History: L. 1990, ch. 270, § 12; L. 1991, ch. 164, § 12; L. 1993, ch. 267, § 8; L. 1996, ch. 75, § 1; L. 2007, ch. 96, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4112a Real estate appraisers; inactive status.

58-4112a.
Real estate appraisers; inactive status.
(a) Except as provided by subsection (f), the holder of a certificate or license may request that such certificate or license be placed on inactive status for a period not to exceed two years. Such request shall be submitted to the board on an application form prescribed by the board.
(b) The holder of a certificate or license that has been placed on inactive status shall pay the renewal fee required by K.S.A. 58-4107, and amendments thereto, while such certificate or license is on inactive status.
(c) The holder of a certificate or license which has been placed on inactive status shall not:
(1) Assume or use any title designation or abbreviation likely to create the impression that such person holds an active certificate or license issued by the board;
(2) describe or refer to any appraisal or evaluation of real estate by the term state certified or state licensed or words of substantially similar meaning; or
(3) prepare real estate appraisals for federally related transactions which, under title XI of the financial institutions reform, recovery and enforcement act of 1989 require the services of a state certified or licensed appraiser.
(d) The holder of a certificate or license that has been placed on inactive status may request that such certificate or license be reinstated to active status. The request shall be submitted to the board on an application form prescribed by the board and shall be accompanied by the reinstatement fee required by K.S.A. 58-4107, and amendments thereto, and the federal registry fee. An applicant for reinstatement shall provide evidence of completion of continuing education hours required by the board.
(e) The holder of any certificate or license which has been placed on inactive status for more than two years shall be required to meet all the requirements for original issuance of a certificate or license.
(f) A certificate or license issued to a person as trainee appraiser shall not be eligible to be placed on inactive status.
History:
L. 2007, ch. 96, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4113 Denial of certificate or license.

58-4113.
Denial of certificate or license.
(a) The board may refuse to issue or renew a certificate or license on any applicable grounds enumerated in K.S.A. 58-4118 and amendments thereto.
(b) If the board, after an application for certification or licensure or renewal of a certificate or license has been filed with the proper form, accompanied by the proper fee, denies the application, the board shall give notice to the applicant setting forth the reasons for such refusal. Such notice and an opportunity to be heard shall be given in accordance with the provisions of the Kansas administrative procedure act, unless the application is denied solely because of the applicant's failure to pass a required examination.
History:
L. 1990, ch. 270, § 13; L. 1991, ch. 164, § 13; May 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4114 Appraiser's address; notice to commission.

58-4114.
Appraiser's address; notice to commission.
(a) Each state certified or licensed appraiser shall advise the board of the address of the appraiser's principal place of business and all other addresses at which the appraiser is currently engaged in the business of preparing real property appraisal reports.
(b) When a state certified or licensed appraiser changes a place of business, the appraiser shall immediately give written notice of the change to the board.
(c) Each state certified or licensed appraiser shall notify the board of the appraiser's current residence address. Residence addresses on file with the board are exempt from disclosure as public records.
History:
L. 1990, ch. 270, § 14; L. 1991, ch. 164, § 14; L. 1993, ch. 267, § 9; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4115 Certificate or license; number required, when.

58-4115.
Certificate or license; number required, when.
(a) Each certificate and license issued under authority of this act shall include the classification for which the appraiser has qualified and shall bear the signature or facsimile signature of the chairperson of the board and a certificate or license number assigned by the board.
(b) Each state certified or licensed appraiser shall designate the appraiser's classification on any appraisal report or in any contract or other instrument used by the appraiser in conducting real property appraisal activities and shall place the appraiser's certificate or license number adjacent to or immediately below the classification.
History:
L. 1990, ch. 270, § 15; L. 1991, ch. 164, § 15; L. 1993, ch. 267, § 10; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4116 Certification and licensure limited to individuals.

58-4116.
Certification and licensure limited to individuals.
(a) The term "state certified appraiser" or "state licensed appraiser" may be used only to refer to individuals who hold a certificate or license issued pursuant to this act and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation or group, or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group or anyone other than an individual holder of the certificate or license.
(b) No certificate or license shall be issued under the provisions of this act to a corporation, partnership, firm or group. This shall not be construed to prevent a state certified or licensed appraiser from signing an appraisal report on behalf of a corporation, partnership, firm or group practice.
History:
L. 1990, ch. 270, § 16; L. 1991, ch. 164, § 16; May 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4117 Continuing education.

58-4117.
Continuing education.
(a) As a prerequisite to renewal of a certificate or license, the appraiser shall present evidence satisfactory to the board of having met the continuing education requirements.
(b) The basic continuing education requirement for renewal of a certificate or license shall be the completion by the applicant, during the immediately preceding term of certification or licensure, of the number of hours of classroom instruction which have been established pursuant to K.S.A. 58-4109, and amendments thereto, and which have received the approval of the board.
(c) No amendment or repeal of a rule and regulation adopted by the board shall operate to deprive an applicant of credit toward renewal of a certificate or license for any course of instruction completed by the applicant prior to the amendment or repeal of the rule and regulation which would have qualified for continuing education credit under the rule and regulation as it existed prior to the repeal or amendment.
(d) A certificate or license that has been revoked as a result of disciplinary action by the board shall not be reinstated unless the applicant presents evidence of completion of the continuing education required pursuant to this act.
History:
L. 1990, ch. 270, § 17; L. 1991, ch. 164, § 17; L. 2008, ch. 153, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4119 Hearings, costs.

58-4119.
Hearings, costs.
(a) The costs incurred by the board in conducting any proceeding under the Kansas administrative procedure act may be assessed against the appraiser or applicant if the order of the board is adverse to the appraiser or applicant in such proportion as the board determines upon consideration of all relevant circumstances including the nature of the proceeding and the level of participation by the parties. The board may reduce any such assessment to judgment by filing a petition in the district court of Shawnee county. No certificate or license shall be reinstated, renewed or issued if an assessment for costs has not been paid by the applicant or appraiser. If the board is the unsuccessful party, the costs shall be paid from the real estate appraisal board fee fund.
(b) For purposes of this section "costs" means the fees and expenses of the presiding officer, costs of making and preparing the record, witness fees and expenses, mileage, travel allowances and subsistence expenses of board employees and fees and expenses of agents of the board who provide services to the board. "Costs" shall not mean fees and expenses or costs of making and preparing the record unless the board has designated or retained the services of the office of administrative hearings to perform such functions.
(c) The board shall make any assessment of costs incurred as part of the final order rendered in the proceeding. Such order shall include findings and conclusions in support of the assessment of costs.
History:
L. 1990, ch. 270, § 19; L. 1991, ch. 164, § 19; L. 2007, ch. 96, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4120 Judicial review of board action.

58-4120.
Judicial review of board action.
Any person aggrieved by an order of the board may appeal the order in accordance with the provisions of the Kansas judicial review act.
History:
L. 1990, ch. 270, § 20; L. 2010, ch. 17, § 108; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4121 Appraisal practice standards.

58-4121. Appraisal practice standards.
A state certified or licensed appraiser shall comply with the 2014-2015 edition of the uniform standards of professional appraisal practice promulgated pursuant to federal law or later versions as established in rules and regulations adopted by the board.
History:
L. 1990, ch. 270, § 21; L. 1991, ch. 164, § 20; L. 2014, ch. 108, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4122 Employment of certified or licensed appraiser, purpose.

58-4122.
Employment of certified or licensed appraiser, purpose.
A client or employer may retain or employ a state certified or licensed appraiser to act as a disinterested third party in rendering an unbiased estimate of value or analysis. A client or employer may also retain or employ a state certified or licensed appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this act.
History:
L. 1990, ch. 270, § 22; L. 1991, ch. 164, § 21; May 2.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4123 Appraiser's records, retention and board access; consent to inspection.

58-4123.
Appraiser's records, retention and board access; consent to inspection.
(a) A state certified or licensed appraiser shall retain for five years originals or true copies of all written contracts engaging the appraiser's services for real property appraisal work and all reports and supporting data assembled and formulated by the appraiser in preparing the reports.
(b) The five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the submittal of the appraisal to the client unless, within such five-year period, the appraiser is notified that the appraisal or report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation.
(c) All records required to be maintained under the provisions of this act shall be made available by the appraiser for inspection and copying by the board on reasonable notice to the appraiser.
(d) The application for or acceptance of a license or certificate shall be deemed conclusively to be the consent of the applicant, licensee or certificate holder to the right of inspection of appraisal records, reports and supporting data by the board or the board's authorized representative, upon prior notice which shall not be less than three days, during normal business hours unless otherwise agreed. Each applicant or appraiser shall grant full access to all appraisal records, reports and supporting data which pertain to the application process or to a complaint investigation. Such inspection may be conducted by the board or the board's representative. Refusal of such inspection shall be grounds for denial, suspension or revocation of the license or certificate.
History:
L. 1990, ch. 270, § 23; L. 1991, ch. 164, § 22; L. 1997, ch. 48, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4124 Mandatory licensure or certification, study and recommendations by board.

58-4124.
Mandatory licensure or certification, study and recommendations by board.
Not more than two years after the effective date of this act, the board shall hold public hearings to address the question of implementation of mandatory licensing or certification of appraisers. Such hearings shall be held at such reasonable times and places as to provide adequate opportunity for input by all interested parties. At the end of the two-year period, the board will present evidence of the hearings and make a recommendation to the legislature, based upon the results of the hearings, as to whether mandatory licensing or certification should be implemented. If the board determines that the hearings show the need for mandatory licensing or certification of appraisers, the board shall draft such legislation and request its introduction by an appropriate committee of the legislature.
History:
L. 1990, ch. 270, § 24; April 19.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4125 Severability.

58-4125.
Severability.
If any provision of this act or its application to any person or in any circumstance is declared by a court of competent jurisdiction to be invalid or unenforceable, provisions constituting the remainder of the act and the application of those provisions to other persons and in other circumstances shall not be affected.
History:
L. 1990, ch. 270, § 25; April 19.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 41 - Real Estate Appraisers › 58-4127 Fingerprints; criminal history record check.

58-4127. Fingerprints; criminal history record check.
(a) The real estate appraisal board may require the following individuals to be fingerprinted and submit to a state and national criminal history record check:
(1) An individual applying for: (A) An original license or certification; (B) licensure by reciprocity or endorsement; or (C) renewal of a license or certification; or
(2) a currently licensed or certified individual, if necessary, to investigate a complaint or if required by the appraisal subcommittee.
(b) The fingerprints shall be used to identify the individual and to determine whether the individual has a record of criminal history in this state or other jurisdiction. The board is authorized to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The board may use the information obtained from the fingerprinting and the individual's criminal history for purposes of verifying the identification of any individual and in the official determination of the qualifications and fitness of the individual to be issued, to maintain or to renew a license or certification.
(c) Local and state law enforcement officers and agencies shall assist the board in taking and processing fingerprints of individuals as required by this section and shall release all records of adult convictions to the board. Local law enforcement officers and agencies may charge a fee as reimbursement for expenses incurred in taking and processing fingerprints under this section.
(d) The board may fix and collect a fee in an amount necessary to reimburse the board for the cost of fingerprinting and the criminal history record check. The board is hereby authorized to adopt rules and regulations pertaining to such fee.
(e) This section shall be part of and supplemental to the state certified and licensed real property appraisers act.
History:
L. 2014, ch. 108, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4201 Manufactured housing act; citation.

58-4201.
Manufactured housing act; citation.
K.S.A. 58-4201 through 58-4212 shall be known and may be cited as the Kansas manufactured housing act.
History:
L. 1991, ch. 33, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4203 Manufactured housing not subject to certain laws and rules and regulations; movement on highways and streets, law applicable.

58-4203.
Manufactured housing not subject to certain laws and rules and regulations; movement on highways and streets, law applicable.
(a) Unless otherwise specifically provided in the Kansas manufactured housing act or other duly enacted statute of this state, manufactured homes and mobile homes shall not be subject to the laws, rules and regulations applicable to vehicles. Manufactured homes and mobile homes shall not be subject to the titling and registration requirements imposed by the statutes contained in article 1 of chapter 8 of the Kansas Statutes Annotated, and the manufacture, distribution and sale of manufactured homes and mobile homes shall not be subject to the vehicle dealers and manufacturers licensing act, as contained in K.S.A. 8-2401 et seq., and amendments thereto. Whenever a manufactured home or mobile home is moved upon the public streets or highways of this state, such movement shall be governed by those provisions of the uniform act regulating traffic on highways as are applicable to the movement of house trailers upon the public streets and highways of this state.
(b) Unless otherwise specifically provided, the provisions of the Kansas manufactured housing act shall not apply to modular homes.
History:
L. 1991, ch. 33, § 3; L. 2009, ch. 13, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4204a Electronic certificates of title.

58-4204a.
Electronic certificates of title.
(a) On and after January 1, 2003, when an assignment of title or manufacturer's statement of origin indicates that there is a lien or encumbrance on a manufactured home or mobile home or if a notice of security interest has been filed with the division, the division shall retain possession of such certificate of title electronically and shall create an electronic certificate of title. The provisions of K.S.A. 58-4201, et seq., and amendments thereto, shall apply to an electronic certificate of title, except as otherwise provided by statute or by rules and regulations adopted pursuant to subsection (b).
(b) The secretary of revenue is hereby authorized to adopt rules and regulations necessary to carry out the provisions of this section.
History:
L. 2002, ch. 48, § 2; January 1, 2003.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4205 Same; public policy regarding regulation of persons engaged in the manufacture, distribution, sale or installation of manufactured or mobile homes.

58-4205.
Same; public policy regarding regulation of persons engaged in the manufacture, distribution, sale or installation of manufactured or mobile homes.
It is hereby declared to be the public policy of this state to provide for fair and impartial regulation of those persons engaged in manufacturing, distributing or selling of manufactured homes or mobile homes and the installation of manufactured homes. The provisions of the Kansas manufactured housing act which are applicable to such activities shall be administered in such a manner as will continue to promote fair dealing and honesty in the manufactured home and mobile home industry and among those engaged therein without unfair or unreasonable discrimination or undue preference or advantage. It is further declared to be the policy of this state to protect the public interest in the purchase and trade of manufactured homes and mobile homes and the installation of manufactured homes, so as to insure protection against irresponsible vendors and installers and dishonest or fraudulent sales and installation practices.
History:
L. 1991, ch. 33, § 5; L. 2005, ch. 109, § 2; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4206 Same; compliance with law required to engage in the business of manufactured home dealer.

58-4206.
Same; compliance with law required to engage in the business of manufactured home dealer.
No person shall engage in the business of a manufactured home dealer unless such person has complied with the applicable provisions of the Kansas manufactured housing act. The director shall issue the licenses provided for herein and shall have supervision over the licensees hereunder in respect to all the provisions of the act.
History:
L. 1991, ch. 33, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4208 Same; dealer's license issuance and renewal conditional upon insurance; requirements of insurance.

58-4208.
Same; dealer's license issuance and renewal conditional upon insurance; requirements of insurance.
No dealer's license shall be issued or renewed unless the applicant or holder of the license shall have on file with the division an approved insurance policy, issued by an insurance carrier authorized to transact business within the state of Kansas. The term of the policy shall be continuous and shall remain in full force and effect until cancelled under proper notice. All policies must be issued in the name of the holder or applicant for the dealer's license and shall provide public liability and property damage insurance for the movement of any manufactured home or mobile home or the inspection thereof by prospective purchasers, owned or being offered for sale by the dealer when being moved or inspected by the owner or seller, the seller's agent, servants, employees, prospective customers or other persons. The limits of liability shall correspond to the amount required by law in this state for bodily injury or death of any one person, bodily injury or death in any one accident and property damage. Such insurance may not be cancelled unless 30 days' notice by the insurance carrier has been given in writing to the director. Upon the effective date of cancellation of any insurance policy required under this section, the license to engage in business as a dealer shall be void.
History:
L. 1991, ch. 33, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4209 Same; manufactured home sales agreements, required contents.

58-4209.
Same; manufactured home sales agreements, required contents.
A manufactured home sales agreement required by this act shall:
(a) Be in writing;
(b) provide that the manufactured home dealer shall have authority to sell and service the manufacturer's product;
(c) set forth the agreement of the parties by which the amount of compensation paid to the dealer for performing warranty work for the manufacturer is to be determined;
(d) provide for such continuing compensation to the dealer for performing warranty work on the manufacturer's product sold by the dealer, if such work is performed after termination, cancellation or nonrenewal of the sales agreement and during any period that the manufacturer's warranty extends to the product;
(e) provide that, except in the case of actual fraud, either party shall give the other at least 30 days' written notice of its intent to terminate, cancel or not renew the sales agreement; and
(f) provide for the repurchase of the dealer's inventory by the manufacturer who supplied such inventory in the event of termination, cancellation or nonrenewal of the sales agreement.
History:
L. 1991, ch. 33, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4210 Same; dealer's license requirements.

58-4210.
Same; dealer's license requirements.
Except as hereinafter provided, every person licensed as a dealer shall:
(a) On or before the 20th day of each month, file a monthly report, on a form prescribed and furnished by the division, listing all sales or transfers, except sales or transfers by a manufacturer to a dealer of new or used manufactured homes or mobile homes, including the name and address of the purchaser or transferee, date of sale, the serial or identification number of the manufactured home or mobile home, and such other information as the division may require.
(b) Make available during regular business hours to any employee of the division or any member of the highway patrol, for the purpose of investigation or inspection, all records concerning manufactured homes or mobile homes purchased, sold or exchanged during the preceding 12 months, including certificates of title on all manufactured homes or mobile homes owned by the dealership.
(c) Whenever a dealer sells or otherwise disposes of such dealer's business, or for any reason suspends or goes out of business as a dealer, such dealer shall notify the division and return the dealer's license and dealer license plates, and the division upon receipt of such notice and plates shall cancel the dealer's license, except that such dealer may, upon payment of 50% of the annual fee to the division, have the license and dealer license plates assigned to the purchaser of the business.
(d) In addition to the requirements of subsection (a), any dealer paying a commission or fee to a broker shall report to the division, on the monthly sales report, the name of the broker and the broker's license number.
(e) In addition to the requirements of subsection (a), dealers licensed as brokers must include on the monthly sales reports, the name of the seller, the transferor or dealer that owns the manufactured home or mobile home and whether the seller or the purchaser paid the broker's fee or commission.
(f) Lending agencies licensed under this act, which sell two or less repossessed manufactured homes or mobile homes a month, shall not be required to file the monthly reports under subsection (a), except that such lending agencies shall report annually, on a form prescribed and furnished by the division, the total number of sales or transfers of such manufactured homes or mobile homes.
History:
L. 1991, ch. 33, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4212 Same; state manufactured home construction and safety standards identical to federal standards, exception.

58-4212.
Same; state manufactured home construction and safety standards identical to federal standards, exception.
Whenever a federal manufactured home construction and safety standard established pursuant to 42 U.S.C. § 5401 et seq., is in effect, no state agency or political subdivision shall have any authority either to establish, or to continue in effect, with respect to any manufactured home covered, any standard regarding construction or safety applicable to the same aspect of performance of such manufactured home which is not identical to the federal manufactured home construction and safety standard. Nothing in this section shall prohibit the adoption or enforcement of a construction or safety standard by a state agency or political subdivision applicable to a building which is open to the public for the purpose of providing services or products to the public.
History:
L. 1991, ch. 33, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4215 Elimination of certificate of title; forms; rules and regulations.

58-4215.
Elimination of certificate of title; forms; rules and regulations.
The division shall prepare such forms as may be necessary to implement the provisions of K.S.A. 58-4214, and amendments thereto, and the director shall adopt such rules and regulations as are necessary to carry out the provisions of the Kansas manufactured housing act, including rules and regulations establishing reasonable fees to cover the division's costs in implementing the provisions of K.S.A. 58-4214, and amendments thereto.
History:
L. 2002, ch. 49, § 2; April 18.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4216 Certain sections part of Kansas manufactured housing act.

58-4216.
Certain sections part of Kansas manufactured housing act.
The provisions of K.S.A. 58-4214 through 58-4216, and amendments thereto, shall be a part of and supplemental to the Kansas manufactured housing act.
History:
L. 2002, ch. 49, § 3; April 18.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4217 Regulation of manufactured home installation; purposes; legislative intent.

58-4217.
Regulation of manufactured home installation; purposes; legislative intent.
(a) The purposes of K.S.A. 58-4217 to 58-4226, inclusive, and amendments thereto, are: (1) To ensure that manufactured homes installed in the state of Kansas are installed in accordance with the requirements and purposes of the federal act; (2) to ensure that persons installing manufactured homes in the state of Kansas are appropriately trained to do so; and (3) to provide for the promulgation of uniform standards which shall be applicable throughout the state to effect the foregoing.
(b) To accommodate realization of the purposes set forth in subsection (a) of this section, the legislature hereby declares its intent to exercise the exclusive power to regulate the installation of manufactured homes and the persons who install manufactured homes, except that municipalities may adopt standards for the installation of manufactured homes which are consistent with the installation standards promulgated pursuant to K.S.A. 58-4218, and amendments thereto.
History:
L. 2005, ch. 109, § 3; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4218 Same; Kansas housing resources corporation; adoption of rules and regulations, installation standards; department of revenue agent for corporation; president's powers and duties.

58-4218.
Same; Kansas housing resources corporation; adoption of rules and regulations, installation standards; department of revenue agent for corporation; president's powers and duties.
(a) The corporation shall adopt rules and regulations to promulgate uniform installation standards. The installation standards promulgated shall take effect on January 1, 2006, or on and after the date which is six months from the date the standards promulgated pursuant to the federal act are published in the federal register, whichever is later. The installation standards shall establish reasonable specifications for the installation of a manufactured home, at the place of occupancy, to ensure proper siting, the joining of all sections of the home and installation of stabilization, support or anchoring systems. The standards so promulgated shall be reasonable and shall be consistent with the standards established by or pursuant to the federal act. The rules and regulations promulgating the installation standards shall be adopted in the manner prescribed by K.S.A. 77-421, and amendments thereto, after notice has been given and a hearing held in the manner prescribed by K.S.A. 77-421, and amendments thereto. The corporation may amend or alter the installation standards by duly adopted rules and regulations, but no person, other than the corporation, shall have authority to amend or alter the uniform standards so adopted.
(b) The president may enter into an agreement with the state department of revenue to have such department act as an agent of the corporation for the purposes of K.S.A. 58-4217 through 58-4225, and amendments thereto. The corporation and the state department of revenue may exchange information beneficial to the administration of K.S.A. 58-4217 through 58-4225, and amendments thereto.
(c) The president shall monitor the progress of standards promulgated pursuant to the federal act, shall determine whether the state of Kansas is in compliance with the federal standards and shall report such activity and recommend action necessary to bring Kansas into compliance with the federal act. Such report shall be delivered to the senate commerce committee and the house commerce and labor committee by February 1 of each year.
History:
L. 2005, ch. 109, § 4; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4220 Same; municipalities; inspections, fee.

58-4220.
Same; municipalities; inspections, fee.
From and after July 1, 2006, a municipality may inspect or cause to be inspected by qualified individuals any manufactured home installed within the municipality's jurisdiction. Any such inspection shall be limited to a determination that the installation of the manufactured home complies with the installation standards prescribed by the duly adopted rules and regulations of the corporation, or the standards promulgated by the municipality in accordance with K.S.A. 58-4217, and amendments thereto. A municipality may impose a reasonable fee to cover the costs of such inspection.
History:
L. 2005, ch. 109, § 6; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4221 Same; unlawful acts of licensees or applicants for licenses; penalties.

58-4221.
Same; unlawful acts of licensees or applicants for licenses; penalties.
(a) No licensed installer, apprentice installer or applicant for a manufactured home installer's license or apprentice installer's license shall:
(1) Violate any lawful order of the president;
(2) obtain a manufactured home installer's license by fraud or misrepresentation;
(3) be convicted of or enter a plea of nolo contendere to a crime in any jurisdiction which directly relates to the installation of manufactured homes or the ability to install manufactured homes in that jurisdiction; or
(4) commit fraud or deceit in the practice of manufactured home installation contracting.
(b) Any person who violates any provision of subsection (a) shall be subject to any of the following actions by the president or the president's designee:
(1) License revocation;
(2) license suspension;
(3) a civil penalty not to exceed $1,000 per violation;
(4) a requirement to take and pass, or retake and pass, the examination approved by the president;
(5) a notice of non-compliance; or
(6) refusal of license application.
History:
L. 2005, ch. 109, § 7; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4222 Same; unlawful acts of unlicensed persons; penalties.

58-4222.
Same; unlawful acts of unlicensed persons; penalties.
(a) From and after July 1, 2006, no person shall:
(1) Falsely represent such person or any other person as a licensed installer or licensed apprentice installer;
(2) falsely impersonate a licensed installer or licensed apprentice installer;
(3) present as such person's own the manufactured home installer's license or apprentice installer's license of another;
(4) knowingly give false evidence to the corporation;
(5) use or attempt to use any manufactured home installer's license or apprentice installer's license that has been suspended or revoked, or that has expired or is otherwise invalid; or
(6) engage in the business of or act in the capacity of a licensed installer or licensed apprentice installer without being a licensed installer or licensed apprentice installer, as the case may be.
(b) Any person who violates any of the provisions of subsection (a) shall be subject to a civil penalty of not to exceed $1,000 per violation. If the president or the president's designee determines that any person violating any provision of subsection (a) is not licensed under K.S.A. 58-4219, and amendments thereto, and is not working under the supervision of a licensed installer, the president or the president's designee may request the attorney general to file an action in a court of competent jurisdiction, to enjoin that person from engaging in unauthorized activities.
History:
L. 2005, ch. 109, § 8; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4223 Same; hearing.

58-4223.
Same; hearing.
From and after July 1, 2006, whenever the president or the president's designee has reason to believe that a licensed installer, an apprentice installer or an applicant for a manufactured home installer's license or apprentice installer's license is in violation of any provision contained in K.S.A. 58-4217 to 58-4222, inclusive, and amendments thereto, or any rule or regulation adopted thereunder, the president or the president's designee, either upon the president's or such designee's own motion or upon complaint, may hold a hearing for the purpose of determining whether any of the actions authorized by subsection (b) of K.S.A. 58-4221, and amendments thereto, is warranted. The hearing shall be conducted and any action taken by the president or the president's designee pursuant to the hearing shall be in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 2005, ch. 109, § 9; April 21.