reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,501 Disbursement from income.

58-9a-501. Disbursement from income.
Subject to K.S.A. 2023 Supp. 58-9a-504, and amendments thereto, and except as otherwise provided in K.S.A. 2023 Supp. 58-9a-601(c)(2) or (3), and amendments thereto, a fiduciary shall disburse from income:
(a) One-half of:
(1) The regular compensation of the fiduciary and any person providing investment advisory, custodial or other services to the fiduciary, to the extent income is sufficient; and
(2) an expense for an accounting, judicial or nonjudicial proceeding or other matter that involves both income and successive interests, to the extent income is sufficient;
(b) the balance of the disbursements described in subsection (a), to the extent a fiduciary that is an independent person determines that making those disbursements from income would be in the interests of the beneficiaries;
(c) another ordinary expense incurred in connection with administration, management or preservation of property and distribution of income, including interest, an ordinary repair, regularly recurring tax assessed against principal and an expense of an accounting, judicial or nonjudicial proceeding or other matter that involves primarily an income interest, to the extent income is sufficient; and
(d) a premium on insurance covering loss of a principal asset or income from or use of the asset.
History:
L. 2021, ch. 63, § 33; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,502 Disbursement from principal.

58-9a-502. Disbursement from principal.
(a) Subject to K.S.A. 2023 Supp. 58-9a-505, and amendments thereto, and except as otherwise provided in K.S.A. 2023 Supp. 58-9a-601(c)(2), and amendments thereto, a fiduciary shall disburse from principal:
(1) The balance of the disbursements described in K.S.A. 2023 Supp. 58-9a-501(a) and (c), and amendments thereto, after application of K.S.A. 2023 Supp. 58-9a-501(b), and amendments thereto;
(2) the fiduciary's compensation calculated on principal as a fee for acceptance, distribution or termination;
(3) a payment of an expense to prepare for or execute a sale or other disposition of property;
(4) a payment on the principal of a trust debt;
(5) a payment of an expense of an accounting, judicial or nonjudicial proceeding or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property;
(6) a payment of a premium for insurance, including title insurance, not described in K.S.A. 2023 Supp. 58-9a-501(d), and amendments thereto, of which the fiduciary is the owner and beneficiary;
(7) a payment of an estate or inheritance tax or other tax imposed because of the death of a decedent, including penalties, apportioned to the trust; and
(8) a payment:
(A) Related to environmental matters, including:
(i) Reclamation;
(ii) assessing environmental conditions;
(iii) remedying and removing environmental contamination;
(iv) monitoring remedial activities and the release of substances;
(v) preventing future releases of substances;
(vi) collecting amounts from persons liable or potentially liable for the costs of activities described in clauses (i) through (v);
(vii) penalties imposed under environmental laws or regulations;
(viii) other actions to comply with environmental laws or regulations;
(ix) statutory or common law claims by third parties; and
(x) defending claims based on environmental matters; and
(B) for a premium for insurance for matters described in subparagraph (A).
(b) If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
History:
L. 2021, ch. 63, § 34; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,503 Transfer from income to principal for depreciation.

58-9a-503. Transfer from income to principal for depreciation.
(a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a tangible asset having a useful life of more than one year.
(b) A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:
(1) Of the part of real property used or available for use by a beneficiary as a residence;
(2) of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or
(3) under this section, to the extent the fiduciary accounts:
(A) Under K.S.A. 2023 Supp. 58-9a-410, and amendments thereto, for the asset; or
(B) under K.S.A. 2023 Supp. 58-9a-403, and amendments thereto, for the business or other activity in which the asset is used.
(c) An amount transferred to principal under this section need not be separately held.
History:
L. 2021, ch. 63, § 35; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,504 Reimbursement of income from principal.

58-9a-504. Reimbursement of income from principal.
(a) If a fiduciary makes or expects to make an income disbursement described in subsection (b), the fiduciary may transfer an appropriate amount from principal to income in one or more accounting periods to reimburse income.
(b) To the extent the fiduciary has not been and does not expect to be reimbursed by a third party, income disbursements to which subsection (a) applies include:
(1) An amount chargeable to principal but paid from income because principal is illiquid;
(2) a disbursement made to prepare property for sale, including improvements and commissions; and
(3) a disbursement described in K.S.A. 2023 Supp. 58-9a-502(a), and amendments thereto.
(c) If an asset whose ownership gives rise to an income disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subsection (a).
History:
L. 2021, ch. 63, § 36; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,505 Reimbursement of principal from income.

58-9a-505. Reimbursement of principal from income.
(a) If a fiduciary makes or expects to make a principal disbursement described in subsection (b), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements.
(b) To the extent a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (a) applies include:
(1) An amount chargeable to income but paid from principal because income is not sufficient;
(2) the cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment;
(3) a disbursement made to prepare property for rental, including tenant allowances, leasehold improvements and commissions;
(4) a periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and
(5) a disbursement described in K.S.A. 2023 Supp. 58-9a-502(a), and amendments thereto.
(c) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subsection (a).
History:
L. 2021, ch. 63, § 37; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,506 Income taxes.

58-9a-506. Income taxes.
(a) A tax required to be paid by a fiduciary which is based on receipts allocated to income must be paid from income.
(b) A tax required to be paid by a fiduciary which is based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.
(c) Subject to subsection (d) and K.S.A. 2023 Supp. 58-9a-504, 58-9a-505 and 58-9a-507, and amendments thereto, a tax required to be paid by a fiduciary on a share of an entity's taxable income in an accounting period must be paid from:
(1) Income and principal proportionately to the allocation between income and principal of receipts from the entity in the period; and
(2) principal to the extent the tax exceeds the receipts from the entity in the period.
(d) After applying subsections (a) through (c), a fiduciary shall adjust income or principal receipts, to the extent the taxes the fiduciary pays are reduced because of a deduction for a payment made to a beneficiary.
History:
L. 2021, ch. 63, § 38; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,507 Adjustment between income and principal because of taxes.

58-9a-507. Adjustment between income and principal because of taxes.
(a) A fiduciary may make an adjustment between income and principal to offset the shifting of economic interests or tax benefits between current income beneficiaries and successor beneficiaries which arises from:
(1) An election or decision the fiduciary makes regarding a tax matter, other than a decision to claim an income tax deduction to which subsection (b) applies;
(2) an income tax or other tax imposed on the fiduciary or a beneficiary as a result of a transaction involving the fiduciary or a distribution by the fiduciary; or
(3) ownership by the fiduciary of an interest in an entity a part of whose taxable income, whether or not distributed, is includable in the taxable income of the fiduciary or a beneficiary.
(b) If the amount of an estate tax marital or charitable deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes and, as a result, estate taxes paid from principal are increased and income taxes paid by the fiduciary or a beneficiary are decreased, the fiduciary shall charge each beneficiary that benefits from the decrease in income tax to reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax, to the extent the principal used to pay the increase would have qualified for a marital or charitable deduction but for the payment. The share of the reimbursement for each fiduciary or beneficiary whose income taxes are reduced must be the same as its share of the total decrease in income tax.
(c) A fiduciary that charges a beneficiary under subsection (b) may offset the charge by obtaining payment from the beneficiary, withholding an amount from future distributions to the beneficiary, or adopting another method or combination of methods.
History:
L. 2021, ch. 63, § 39; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,602 Distribution to successor beneficiary.

58-9a-602. Distribution to successor beneficiary.
(a) Except to the extent K.S.A. 2023 Supp. 58-9a-301 through 58-9a-309, and amendments thereto, apply for a beneficiary that is a trust, each beneficiary described in K.S.A. 2023 Supp. 58-9a-601(f), and amendments thereto, is entitled to receive a share of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to which this section applies, each beneficiary, including a beneficiary that does not receive part of the distribution, is entitled, as of each distribution date, to a share of the net income the fiduciary received after the decedent's death, an income interest's other terminating event or the preceding distribution by the fiduciary.
(b) In determining a beneficiary's share of net income under subsection (a), the following rules apply:
(1) The beneficiary is entitled to receive a share of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date.
(2) The beneficiary's fractional interest under paragraph (1) must be calculated:
(A) On the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and
(B) without regard to:
(i) Property specifically given to a beneficiary under the decedent's will or the terms of the trust; and
(ii) property required to pay pecuniary amounts not in trust.
(3) The distribution date under paragraph (1) may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed.
(c) To the extent a fiduciary does not distribute under this section all the collected but undistributed net income to each beneficiary as of a distribution date, the fiduciary shall maintain records showing the interest of each beneficiary in the net income.
(d) If this section applies to income from an asset, a fiduciary may apply the rules in this section to net gain or loss realized from the disposition of the asset after the decedent's death, an income interest's terminating event, or the preceding distribution by the fiduciary.
History:
L. 2021, ch. 63, § 41; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,701 When right to income begins and ends.

58-9a-701. When right to income begins and ends.
(a) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to:
(1) The trust for the current income beneficiary; or
(2) a successive interest for a successor beneficiary.
(b) An asset becomes subject to a trust under subsection (a)(1):
(1) For an asset that is transferred to the trust during the settlor's life, on the date the asset is transferred;
(2) for an asset that becomes subject to the trust because of a decedent's death, on the date of the decedent's death, even if there is an intervening period of administration of the decedent's estate; or
(3) for an asset that is transferred to a fiduciary by a third party because of a decedent's death, on the date of the decedent's death.
(c) An asset becomes subject to a successive interest under subsection (a)(2) on the day after the preceding income interest ends, as determined under subsection (d), even if there is an intervening period of administration to wind up the preceding income interest.
(d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to which a fiduciary may or must distribute income.
History:
L. 2021, ch. 63, § 42; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,702 Apportionment of receipts and disbursements when decedent dies or income interest begins.

58-9a-702. Apportionment of receipts and disbursements when decedent dies or income interest begins.
(a) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which K.S.A. 2023 Supp. 58-9a-601(b), and amendments thereto, applies, to principal if its due date occurs before the date on which:
(1) For an estate, the decedent died; or
(2) for a trust or successive interest, an income interest begins.
(b) If the due date of a periodic income receipt or disbursement occurs on or after the date on which a decedent died or an income interest begins, a fiduciary shall allocate the receipt or disbursement to income.
(c) If an income receipt or disbursement is not periodic or has no due date, a fiduciary shall treat the receipt or disbursement under this section as accruing from day to day. The fiduciary shall allocate to principal the portion of the receipt or disbursement accruing before the date on which a decedent died or an income interest begins, and to income the balance.
(d) A receipt or disbursement is periodic under subsections (b) and (c) if:
(1) The receipt or disbursement must be paid at regular intervals under an obligation to make payments; or
(2) the payor customarily makes payments at regular intervals.
(e) An item of income or obligation is due under this section on the date the payor is required to make a payment. If a payment date is not stated, there is no due date.
(f) Distributions to shareholders or other owners from an entity to which K.S.A. 2023 Supp. 58-9a-401, and amendments thereto, applies are due:
(1) On the date fixed by or on behalf of the entity for determining the persons entitled to receive the distribution;
(2) if no date is fixed, on the date of the decision by or on behalf of the entity to make the distribution; or
(3) if no date is fixed and the fiduciary does not know the date of the decision by or on behalf of the entity to make the distribution, on the date the fiduciary learns of the decision.
History:
L. 2021, ch. 63, § 43; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,703 Apportionment when income interest ends.

58-9a-703. Apportionment when income interest ends.
(a) In this section, "undistributed income" means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense which is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.
(b) Except as otherwise provided in subsection (c), when a mandatory income interest of a beneficiary ends, the fiduciary shall pay the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust to the beneficiary or, if the beneficiary does not survive the date the interest ends, to the beneficiary's estate.
(c) If a beneficiary has an unqualified power to withdraw more than 5% of the value of a trust immediately before an income interest ends:
(1) The fiduciary shall allocate to principal the undistributed income from the portion of the trust which may be withdrawn; and
(2) subsection (b) applies only to the balance of the undistributed income.
(d) When a fiduciary's obligation to pay a fixed annuity or a fixed fraction of the value of assets ends, the fiduciary shall prorate the final payment as required to preserve an income tax, gift tax, estate tax or other tax benefit.
History:
L. 2021, ch. 63, § 44; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,801 Uniformity of application and construction.

58-9a-801. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2021, ch. 63, § 45; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,802 Relation to electronic signatures in global and national commerce act.

58-9a-802. Relation to electronic signatures in global and national commerce act.
This act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
History:
L. 2021, ch. 63, § 46; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,803 Application to trust or estate.

58-9a-803. Application to trust or estate.
This act applies to a trust or estate existing or created on or after July 1, 2021, except as otherwise expressly provided in the terms of the trust or this act.
History:
L. 2021, ch. 63, § 47; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 9a - Uniform Fiduciary Income And Principal Act › 58-9a,804 Severability.

58-9a-804. Severability.
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. 2021, ch. 63, § 48; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1014 Legislative findings.

58-1014.
Legislative findings.
The legislature finds:
(a) There are greater opportunities for deception and fraud in public auction sales of new goods, wares and merchandise by itinerant merchants than in public auction sales of new goods, wares and merchandise by established places of business;
(b) that itinerant merchants who conduct such public auction sales require more policing and regulation and are a greater burden to the communities where such sales are held since they assume little or no responsibility for the welfare of such communities as do established businesses;
(c) that public auction sales by itinerant merchants of new goods, wares and merchandise might be used to dispose of stolen new goods, wares and merchandise and thus require more policing and regulation since itinerant merchants are usually one place one day and gone from such place on the following day; and
(d) that itinerant merchants conducting public auction sales of new goods, wares and merchandise frequently leave the state without paying to the director of revenue the Kansas retailers' sales tax which they have or should have collected at the time of making sales at such public auction sales.
History:
L. 1961, ch. 265, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1015 Definitions.

58-1015.
Definitions.
As used in this act unless the context otherwise requires:
(a) "Auctioneer" means a person who conducts a public auction as herein defined;
(b) "clerk" means: (a) the county clerk of the county wherein the public auction is to be held if the public auction is to be held outside the corporate limits of a city; (b) the city clerk, city license collector or other person or officer designated by a city to issue public auction licenses of the city wherein the public auction is to be held;
(c) "inventory" means a list of new goods, wares and merchandise offered at public auction, showing make and model; also their serial number, if any;
(d) "person" means and includes an individual, firm, association, corporation or any other legal entity;
(e) "public auction" means the offering for sale or selling of new goods, wares or merchandise to the highest bidder or offering for sale or selling of new goods, wares or merchandise at a high price and then offering the same at successive lower prices until a buyer is secured; and
(f) "new goods, wares and merchandise" means those not previously sold at retail.
History:
L. 1961, ch. 265, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1016 License required to conduct certain auction sales; unlawful acts.

58-1016.
License required to conduct certain auction sales; unlawful acts.
It shall be unlawful for any person to sell, dispose of, or offer for sale at public auction in this state any new goods, wares or merchandise, unless such person and the owners of such new goods, wares or merchandise to be offered for sale or sold if such are not owned by the vendors, shall have first secured a license as herein provided and shall have complied with the other requirements of this act.
History:
L. 1961, ch. 265, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1017 Same; filing application; contents; verification.

58-1017.
Same; filing application; contents; verification.
Any person desiring to offer any new goods, wares or merchandise for sale at public auction shall file, in duplicate, an application for a license for that purpose with the clerk of the county or city in which the said auction is proposed to be held. The application shall be filed not less than ten (10) full days prior to the date the said auction is to be held. The application shall state the following facts:
(a) The name, residence and post-office address of the person making the application, and if a firm, association or corporation, the name and address of the members of the firm or association or officers of the corporation, as the case may be.
(b) If the applicant is a corporation then there shall be stated on the application form the date of incorporation, the state of incorporation and if for a corporation formed in a state other than the state of Kansas the date on which such corporation qualified for authority to do business as a foreign corporation in the state of Kansas.
(c) The name, residence and post-office address of the auctioneer who will conduct such public auction.
(d) A detailed inventory and description of all such new goods, wares or merchandise to be offered for sale at public auction which inventory shall list the items set forth in paragraph (c) of K.S.A. 58-1015.
(e) The number of days and dates on which said auction will be held.
(f) A statement that the applicant has complied with all the requirements made of the applicant by the director of revenue under the Kansas retailers' sales tax act and that the applicant holds a valid unrevoked certificate of registration issued by the director of revenue to sell tangible personal property at retail as a transient seller in the state of Kansas.
(g) The said application shall be verified.
History:
L. 1961, ch. 265, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1018 Same; bond requirements; process; actions.

58-1018.
Same; bond requirements; process; actions.
At the time of filing the application required by this act, and as a part thereof, the applicant shall file and deposit with the said clerk a bond issued by a corporate surety authorized to do business in this state, in the penal sum of three (3) times the cost to the vendor of the merchandise proposed to be offered for sale at public auction, to the state of Kansas, and for the use and benefit of any purchaser of any such new goods, wares or merchandise at the said auction who might have a cause of action for damages sustained on account of dishonest or fraudulent conduct arising from or out of a sale or sales at such auction against the applicant or against the auctioneer, and which action is commenced within one (1) year from the date that such sale is made at any such auction; the said bond shall be further conditioned that the applicant will pay any fines that may be assessed by any court against the applicant or against the auctioneer for violation of the provisions of this act: Provided, however, The aggregate liability of the surety for all said taxes, fines, and causes of action shall in no event exceed the sum of such bond, but there shall be no limitation of liability against the owners of the new goods, wares and merchandise or the auctioneer or the applicant for the license.
In such bond the applicant and surety shall appoint the clerk of the county or city, as the case may be, in which said bond is filed the agent of the applicant and of the surety for the service of process, which appointment shall be irrevocable. At the time that said bond is filed and deposited with the clerk as herein provided the auctioneer shall appoint the said clerk the agent of the auctioneer for the service of process, which appointment shall be irrevocable. In the event of such service of process, the agent on whom such service is made shall, within five (5) days after the service, mail by registered mail a true copy of the process served upon the agent to each party for whom the agent has been served, addressed to the last known address of such party.
The state of Kansas or any agency or political subdivision thereof, or any person having a cause of action arising out of any sale of such new goods, wares or merchandise may join the applicant and the surety on such bond and the auctioneer in the same action, or may in such action sue either such applicant or the surety or the auctioneer alone.
History:
L. 1961, ch. 265, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1019 Same; license fees; disposition of moneys.

58-1019.
Same; license fees; disposition of moneys.
The applicant filing an application with the clerk for a license to conduct a public auction shall pay to the clerk of such county or city, as the case may be, in which the said application is made, a license fee of twenty-five dollars ($25) per day for each day that the applicant proposes to conduct a public auction. The clerk of such county or city, as the case may be, shall pay such license fees so collected into the county treasury or city treasury, as the case may be, and the said county treasurer or city treasurer shall credit all moneys so received by him or her to the county general fund or the city general fund.
History:
L. 1961, ch. 265, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1020 Same; issuance of license by county or city clerk; restrictions; record; public inspection; duplicate copy of application to director of revenue.

58-1020.
Same; issuance of license by county or city clerk; restrictions; record; public inspection; duplicate copy of application to director of revenue.
Upon the filing of such application and after the applicant has established that he or she has fully complied with all the provisions of this act, the clerk shall issue to the applicant a license authorizing the said applicant to conduct a public auction as proposed in said application; such license shall not be transferable and shall be valid only in the county outside the corporate limits of any city if issued by the county clerk and only in the city if issued by the city clerk. No license shall be good for more than one (1) person, unless such persons shall be copartners or an association nor for more than one (1) place in said county or city.
The clerk shall keep a record of such licenses in a book provided for that purpose, which shall at all times be open to public inspection. No particular form of license shall be required to be issued by said clerk. However, any license issued shall state the name of the person who is licensed, the precise place at which such auction sale is to be held and the number of days and the dates for which the license is issued. Upon the issuance of such license, the clerk shall mail the duplicate copy of the application for the license to the director of revenue, state office building, Topeka, Kansas.
History:
L. 1961, ch. 265, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1021 Same; inventory of goods sold; copy to director of revenue.

58-1021.
Same; inventory of goods sold; copy to director of revenue.
Within ten (10) days after the last day of said public auction, the applicant shall file in duplicate with the clerk who issued the license an inventory of all goods, wares and merchandise sold at such auction and the price received therefor, which inventory shall be verified by the person who filed the application for the license with the said clerk. The clerk shall immediately after receiving such report and inventory forward a copy thereof to the director of revenue, state office building, Topeka, Kansas.
History:
L. 1961, ch. 265, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1022 Same; penalties for violations of act.

58-1022.
Same; penalties for violations of act.
Every person, firm, association or corporation who shall in any manner engage in, or conduct a public auction, without having first obtained a license as hereinbefore provided, or who shall knowingly advertise, represent or hold forth any sale of goods, wares or merchandise to be conducted contrary to the provisions of this act shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined in any sum not less than two hundred dollars ($200) and not more than one thousand dollars ($1,000), to which may be added imprisonment in the county jail for not less than thirty (30) days and not more than one hundred eighty (180) days.
History:
L. 1961, ch. 265, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1023 Auction sales; act inapplicable to certain sales.

58-1023.
Auction sales; act inapplicable to certain sales.
The provisions of this act shall not extend to the sale at public auction of new merchandise, which was assessed personal property tax in the county in which the sale is to be held or is replacement stock of merchandise inventory which was assessed personal property tax in the county in which the sale is to be had, and to auction sales under the direction of any court or court officers as may be required by law, nor shall it apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to a bona fide sale of goods, wares and merchandise by sample for future delivery, or by sales made by sheriffs or other public officers selling goods, wares and merchandise according to law, nor to bona fide assignees or receivers appointed in this state selling goods, wares and merchandise for the benefit of creditors. The provisions of this act shall not apply to community sales which are held and conducted in accordance with and subject to the provisions of article 10 of chapter 47 of the Kansas Statutes Annotated and acts amendatory thereof.
History: L. 1961, ch. 265, § 10; L. 1974, ch. 446, § 21; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1024 Same; licensing and regulation of public auctions by cities; limitation.

58-1024.
Same; licensing and regulation of public auctions by cities; limitation.
All cities of the first, second or third class are hereby given full power and authority to tax, license and regulate persons, firms or corporations engaging in or desiring to engage in public auctions, and shall require a license and charge a fee therefor; but such license fee shall be the amount provided in this act and such cities may provide for penalties for violations of any ordinance relating thereto.
History:
L. 1961, ch. 265, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 10 - New Goods Public Auction Law › 58-1025 Same; invalidity of part.

58-1025.
Same; invalidity of part.
If any section, subsection, paragraph, sentence, clause or phrase of this act is for any reason held to be unconstitutional or invalid, such constitutionality or invalidity shall not affect the constitutionality or validity of the remaining portion or portions of this act.
History:
L. 1961, ch. 265, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 11 - Trusts Of Personal Property › 58-1101 Certain trusts exempt from certain rules of law; continuance.

58-1101.
Certain trusts exempt from certain rules of law; continuance.
A trust of personal property, created as part of a stock bonus plan, pension plan, disability or death benefit plan, profit-sharing plan or retirement plan, for the exclusive benefit of employees or self-employed persons, to which contributions are made by employer or employees, or both, or by such self-employed persons, for the purpose of distributing to such employees or self-employed persons, the earnings or the principal, or both earnings and principal of the stock so held in trust, shall not be deemed to be invalid as violating any existing laws or rules of law against perpetuities or suspension of the power of alienation of title to property; but such a trust may continue for such time as may be necessary to accomplish the purpose for which it may be created.
History:
L. 1959, ch. 240, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 11 - Trusts Of Personal Property › 58-1102 Same; income from trust property; accumulation.

58-1102.
Same; income from trust property; accumulation.
The income arising from any personal property held in a trust created as part of a stock bonus plan, pension plan, disability or death benefit plan, or profit-sharing plan, or retirement plan, for the exclusive benefit of employees, or self-employed persons, to which contributions are made by an employer, or employees, or both, or by such self-employed persons, for the purpose of distributing in accordance with such plan to such employees or self-employed persons, the earnings or the principal, or both earnings and principal of the trust fund, may be permitted to accumulate until the fund shall be sufficient to accomplish the purposes of such plan.
History:
L. 1959, ch. 240, § 2; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 13 - Public Buildings › 58-1301 Accessibility standards for public buildings or facilities.

58-1301.
Accessibility standards for public buildings or facilities.
(a) Except as provided in K.S.A. 58-1307, and amendments thereto, all existing facilities, and the design and construction of all new, additions to and alterations of, facilities in this state shall conform to Title II or Title III, as appropriate. The design and construction of new, addition to or alteration of, any facility which receives a building permit or permit extension after the effective date of this act shall be governed by the provisions of this act.
History: L. 1968, ch. 216, § 1; L. 1978, ch. 336, § 4; L. 1978, ch. 212, § 1; L. 1981, ch. 343, § 1; L. 1992, ch. 208, § 1; L. 1994, ch. 195, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 13 - Public Buildings › 58-1301b Accessibility standards for public buildings or facilities; definitions.

58-1301b. Accessibility standards for public buildings or facilities; definitions.
As used in this act:
(a) "Governmental entity" means a "public entity" as defined in Title II, but shall not include the national railroad passenger corporation, and any commuter authority, as defined in section 103(8) of the rail passenger service act (45 U.S.C. § 541).
(b) "Person" means an individual, partnership, corporation or other association of individuals.
(c) "Title II" means 28 C.F.R. Part 35, nondiscrimination in state and local government services as required by sections 201 to 205, inclusive, of the Americans with disabilities act of 1990, 42 U.S.C.A. § 12,115 et seq., as amended by the ADA amendments act of 2008.
(d) "Title III" means 28 C.F.R. Part 36, nondiscrimination on the basis of disability by public accommodations and commercial facilities as required by section 301 et seq. of the Americans with disabilities act of 1990, 42 U.S.C.A. § 12,181 et seq., as amended by the ADA amendments act of 2008.
(e) "Facility" means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots or other real or personal property, including the site where the building, property, structure or equipment is located. This definition of facility shall not apply to K.S.A. 79-32,175, 79-32,176 and 79-32,177, and amendments thereto.
History:
L. 1994, ch. 195, § 3; L. 2013, ch. 21, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 13 - Public Buildings › 58-1303 Same; legislative intent.

58-1303.
Same; legislative intent.
This act is intended to prohibit discrimination on the basis of disability by Title II and Title III entities. All facilities covered by this act are to be designed, constructed and altered to be readily accessible to and usable by individuals with a disability.
History:
L. 1968, ch. 216, § 3; L. 1992, ch. 208, § 6; L. 1994, ch. 195, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 13 - Public Buildings › 58-1304 Accessibility standards for public buildings or facilities; enforcement of act.

58-1304.
Accessibility standards for public buildings or facilities; enforcement of act.
(a) The responsibility for enforcement of this act shall be as follows:
(1) For all existing Title II school facilities, and the design and construction of all new, additions to and alterations of Title II school facilities, the state board of education, by plan approval as required by K.S.A. 31-150, and amendments thereto. Facilities operated or used for any purpose by, or located upon the land of any community college, area vocational school, area vocational-technical school, technical college, or institution under the governance of the state board of regents shall not be subject to the provisions of this subsection;
(2) for all existing state government facilities, and the design and construction of all new, additions to and alterations of, facilities for which federal, state, county funds or funds of other political subdivisions of the state or private funds are utilized on state property, the secretary of administration;
(3) for all existing facilities, and the design and construction of all new, additions to and alterations of, any local government facilities where funds of a county, municipality or other political subdivision are utilized, the governmental entity thereof or an agency thereof designated by the governmental entity;
(4) for the design and construction of all other new, additions to and alterations of, facilities which are subject to the provisions of this act, the building inspector or other agency or person designated by the governmental entity in which the facility is located.
(b) The attorney general of the state of Kansas shall oversee the enforcement of this act.
History:
L. 1968, ch. 216, § 4; L. 1978, ch. 336, § 5; L. 1978, ch. 212, § 2; L. 1986, ch. 208, § 2; L. 1991, ch. 147, § 18; L. 1992, ch. 208, § 2; L. 1994, ch. 195, § 5; L. 2001, ch. 23, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 13 - Public Buildings › 58-1306 Same; display of international symbol.

58-1306.
Same; display of international symbol.
The international symbol of access to individuals with a disability shall be permanently displayed at the entrance of all facilities that are in compliance with the standards established pursuant to this act. Entrances of multi-family dwellings as defined in the K.S.A. 44-1001 et seq., and amendments thereto, and the fair housing act of 1968, as amended, 42 U.S.C. 3601 et seq., also shall display the international symbol of access to individuals with a disability.
History:
L. 1978, ch. 213, § 3; L. 1986, ch. 208, § 4; L. 1992, ch. 208, § 8; L. 1994, ch. 195, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 13 - Public Buildings › 58-1307 Same; historic facilities; duties of state historic preservation officer; review of state action.

58-1307.
Same; historic facilities; duties of state historic preservation officer; review of state action.
(a) Any governmental entity undertaking an addition to or alteration of a qualified historic facility, as defined in section 504(c) of the Americans * disabilities act of 1990 as required by Title II, shall follow 28 C.F.R. Part 35.150(b)(2) and 35.150(d).
(b) Any person undertaking an addition to or alteration of a qualified historic facility, as defined in section 504(c) of the Americans with disabilities act of 1990 as required by Title III, shall follow 28 C.F.R. Part 36.405.
(c) Any consultation for alternative methods of access with the state historic preservation officer required by 28 C.F.R. Part 35.150(b)(2) or 35.150(d) or 28 C.F.R. Part 36.405 shall include descriptions of alternative methods of providing access, one copy of the facility plans, with dimensions, for the applicable areas of the addition or alteration, and photographs of the existing conditions.
(d) In addition to subsection (c), the state historic preservation officer shall solicit additional information from the requestor and perform an on-site inspection of the qualified historic facility.
(e) The state historic preservation officer shall initiate consultation and evaluation of properly submitted requests within 30 days from the date the request was received.
(f) Any action by a state officer or agency pursuant to this section is subject to review in accordance with the Kansas judicial review act. Any action pursuant to this section by any other person or entity is subject to review by the district court of the county where the facility is located.
History:
L. 1978, ch. 213, § 5; L. 1986, ch. 208, § 5; L. 1986, ch. 318, § 79; L. 1992, ch. 208, § 9; L. 1994, ch. 195, § 7; L. 2010, ch. 17, § 103; July 1.
* The word "with" should have been included.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 13 - Public Buildings › 58-1308 Same; injunction to restrain violation of standards.

58-1308.
Same; injunction to restrain violation of standards.
The attorney general, the city, county or district attorney or any person, agency or governmental entity responsible for the enforcement of this act may apply to the district court for a temporary or permanent injunction restraining any individual, corporation or partnership from violating the standards established by this act. Such court shall have jurisdiction upon hearing and for cause shown to grant such injunction. Such court may require the alteration of any facility by mandatory injunction to ensure compliance with the provisions of this act.
History:
L. 1978, ch. 213, § 7; L. 1986, ch. 208, § 6; L. 1991, ch. 147, § 19; L. 1994, ch. 195, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 13 - Public Buildings › 58-1309 Same; violation of injunction; civil penalty.

58-1309.
Same; violation of injunction; civil penalty.
(a) An aggrieved individual with a disability shall not be a required party in actions brought by the attorney general or a city, county or district attorney pursuant to this section.
(b) Any willful violation of the terms of any injunction or court order issued pursuant to this act shall render the violator liable for the payment of a civil penalty in such amount as the court shall determine to be necessary and proper.
(c) In administering and pursuing actions under this act, the attorney general and the city, county attorney or district attorney are authorized to sue for and collect reasonable expenses and investigation fees as determined by the court. Civil penalties sued for and recovered by the attorney general shall be paid into the general fund of the state. Civil penalties sued for and recovered by the city, county attorney or district attorney shall be paid into the general fund of the city or county where the proceedings were instigated.
(d) Any person, agency or governmental entity responsible for the enforcement of this act may refer evidence concerning violation of the standards established pursuant to this act to the attorney general or the proper city, county or district attorney, who may institute, with or without such a reference, proceedings under this section.
History:
L. 1978, ch. 213, § 6; L. 1992, ch. 208, § 10; L. 1994, ch. 195, § 9; July 1.