Chapter 44 — LABOR AND INDUSTRIES

44-1536. 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 en…

44-1601. Definitions. As used in this act: (a) (1) "Amusement ride" means any mechanical or electrical device that carries or conveys passengers along, around or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement…

44-1602. Inspections; issuance of certificates; compliance audits. (a) No amusement ride shall be operated in this state unless such ride has a valid certificate of inspection. An amusement ride erected in this state shall be inspected by a qualified inspector at least every 12 m…

44-1603. Records, maintenance. The owner of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall retain at all times current records relating to the construction, repair and maintenance of its operation, including safety, …

44-1604. Compliance with ASTM standards; testing of amusement rides. (a) Amusement rides shall be constructed, maintained, operated and repaired in accordance with ASTM standards adopted by the ASTM international F24 committee, as published in ASTM international standards volume …

44-1605. Required training for operators, certification. (a) No amusement ride shall be operated in this state unless the operator has satisfactorily completed training that includes, at a minimum: (1) Instruction on operating procedures for the ride, the specific duties of the o…

44-1606. Posting of safety instructions. No amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall be operated in this state unless there is posted in plain view on or near the ride, in a location where they can be easily read,…

44-1607. Patrons of amusement rides, acceptance of risk, duties. (a) Each patron of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity, by participation, accepts the risks inherent in such participation of which an ordinary pr…

44-1608. Contracting for operation of amusement ride, requirements. Any person contracting with an owner for the operation of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall ensure that: (a) Inspection certificates re…

44-1609. Occurrence of serious injury. Whenever a serious injury results from the operation of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity: (a) Operation of the ride shall immediately be discontinued; (b) operation of t…

44-1610. Penalties for violation of act. (a) It is a class B misdemeanor for an owner or operator of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity knowingly to operate, or cause or permit to be operated, any amusement rid…

44-1611. Same; action to enjoin operation of ride. The attorney general, or the county or district attorney in a county in which an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity is located or operated, may apply to the distr…

44-1612. Local regulation of amusement rides. The governing body of any city or county may establish and enforce safety standards for amusement rides, antique amusement ride*, limited-use amusement rides or registered agritourism activities in addition to, but not in conflict wit…

44-1613. Kansas amusement ride act; citation of act. The provisions of K.S.A. 44-1601 through 44-1619, and 44-1620, and amendments thereto, shall be known as the Kansas amusement ride act. History: L. 2009, ch. 71, § 1; L. 2012, ch. 123, § 3; L. 2017, ch. 103, § 12; L. 2018, ch. …

44-1614. Same; rules and regulations. (a) The secretary of labor shall adopt rules and regulations necessary to implement provisions of the Kansas amusement ride act, K.S.A. 44-1601 et seq., and amendments thereto. (b) (1) On or before January 1, 2018, the secretary shall adopt r…

44-1615. History: L. 2012, ch. 123, § 1; Repealed, L. 2017, ch. 61, § 14; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

44-1616. Permit for operation; application; owner registration; fees. (a) No amusement ride shall be operated in this state unless a valid permit for such ride has been issued by the department. The owner of an amusement ride shall make application for a permit for such amusement…

44-1617. Amusement ride safety fund. There is hereby established in the state treasury the amusement ride safety fund, which shall be administered by the department of labor. The amusement ride safety fund shall consist of those moneys credited to the amusement ride safety fund p…

44-1618. Injury reports; notice of injury to department; suspension of operation; investigations. (a) (1) A patron, or a patron's parent or guardian on a patron's behalf, shall report in writing to the owner any injury sustained on an amusement ride, antique amusement ride, limit…

44-1619. Enforcement of act; opportunity to comply with act. The provisions of this act shall not be enforced by the secretary prior to the date of publication of the rules and regulations adopted by the secretary pursuant to K.S.A. 44-1614(b), and amendments thereto. Prior to ta…

44-1620. Permit for operation of certain rides; application; owner registration; fees. (a) No antique amusement ride, limited-use amusement ride or registered agritourism activity shall be operated in this state unless a valid permit for such ride has been issued by the departmen…

44-1701. Citation of act. The provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto, shall be known and may be cited as the professional employer organization registration act. History: L. 2012, ch. 142, § 1; January 1, 2014. Previous | Next LEGISLATIVE COORDINATIN…

44-1702. Definitions. As used in K.S.A. 44-1701 through 44-1711, and amendments thereto: (a) "Client" means any person who enters into a professional employer agreement with a professional employer organization. (b) "Co-employer" means either a professional employer organization …

44-1703. Limitations of act; rights, obligations and requirements under the professional employer organization registration act. (a) Nothing in the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto, or in any professional employer agreement shall: (1) Affect, m…

44-1704. Registration; requirements; application requirements; initial registration; expiration and renewal of registration; limited registration; audits; compliance through assurance organization. (a) A person engaged in the business of providing professional employer services p…

44-1705. Registration fees; fee fund. (a) Upon filing an initial application for registration, a professional employer organization shall pay a fee in an amount not to exceed $1,000. (b) Upon filing a renewal application for registration, a professional employer organization shal…

44-1706. Financial statements; positive working capital and surety requirements. Except as provided by K.S.A. 44-1704(g) and (j), and amendments thereto, each professional employer organization, or collectively each professional employer group shall either: (a) Maintain positive …

44-1707. Co-employment relationships; covered employees; duties of client and employer organization; state, county, municipality and political subdivisions. (a) No person shall knowingly enter into a co-employment relationship in which less than a majority of the employees of the…

44-1708. Retirement and benefit plan liability; treatment under law. A client and a professional employer organization shall each be deemed an employer under the laws of this state for purposes of sponsoring retirement and employee welfare benefit plans for its covered employees.…

44-1709. Violations of the act; review; penalties. (a) It shall be a violation of the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto: (1) For a person to knowingly offer or provide professional employer services or use the names PEO, professional employer or…

44-1710. Rules and regulations. The secretary is hereby authorized to and shall adopt such rules and regulations as the secretary deems necessary to implement and enforce the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto. History: L. 2012, ch. 142, § 10; L.…

44-1711. Severability of act. If any provision of K.S.A. 44-1701 through 44-1711, and amendments thereto, or any portion thereof, is declared invalid or unconstitutional, such invalidity shall not affect the validity or constitutionality of the remaining provisions of K.S.A. 44-1…

44-1801. Citation of act. The provisions of K.S.A. 2025 Supp. 44-1801 through 44-1820, and amendments thereto, shall be known and may be cited as the elevator safety act. History: L. 2022, ch. 60, § 2; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026…

44-1802. Definitions. As used in K.S.A. 2025 Supp. 44-1801 through 44-1820, and amendments thereto: (a) "Act" means the elevator safety act. (b) "Board" means the elevator safety advisory board. (c) (1) "Elevator" means any device for lifting or moving people, cargo or freight wi…

44-1803. Application of act; exceptions. (a) The provisions of this act shall apply to the design, construction, installation, operation, inspection, testing, maintenance, alteration and repair of elevators. (b) The provisions of this act shall not apply to elevators that are: (1…

44-1804. City and county not restricted from adopting standards that meet or exceed K.S.A. 44-1801 et seq.; annual notice to state fire marshal of such standards adopted. Nothing in this act shall be construed to preempt or otherwise restrict a city or county from adopting or con…

44-1805. Certain acts prohibited unless performed by a licensed elevator mechanic or inspector or employee of a licensee, exceptions; inspection of work by individual who performed such work prohibited; rules and regulations compliance required; applicability of code versions. (a…

44-1806. Elevator safety advisory board; membership; duties. (a) There is hereby established the elevator safety advisory board. The elevator safety advisory board shall consist of the following eleven members who shall be residents of this state: (1) Seven members, to be appoint…

44-1807. Licensure requirements for elevator contractors, elevator mechanics and elevator inspectors; city and county licensure. (a) (1) Any individual, firm, partnership, corporation, association or other entity wishing to engage in the business of installing, altering, inspecti…

44-1808. Liability insurance requirements; proof of workers compensation coverage. (a) Elevator contractors shall submit proof to the state fire marshal of a current insurance policy issued by an insurance company authorized to do business in this state that provides general liab…

44-1809. Emergencies; issuance of temporary elevator mechanic's licenses; fees. (a) Whenever the state fire marshal determines an emergency exists in the state due to a disaster, an act of God or work stoppage and the number of persons in the state holding elevator mechanic's lic…

44-1810. Suspension or revocation of licenses; findings required; orders. (a) An application for a license may be denied or a license may be suspended or revoked by the state fire marshal upon a finding that one or more of the following have been committed by the applicant or lic…

44-1811. Imposition of civil penalties for violations; hearings; orders; remittance of fines collected. (a) In addition to any other penalty provided by law, the state fire marshal, upon a finding that any owner, lessee or operator of an elevator, or owner or lessee of a building…

44-1812. Parties aggrieved by order of state fire marshal; request for hearing; Kansas administrative procedure act applicable; judicial review. (a) Any individual, sole proprietor, firm, partnership, association or corporation aggrieved by an order issued by the state fire marsh…

44-1813. Responsibilities of licensees. It shall be the responsibility of a licensee to ensure that the design, construction, installation, operation, inspection, testing, maintenance, alteration and repair of an elevator is performed in compliance with the provisions of the stat…

44-1814. Elevator construction or alteration permits; fees; revocation, when; expiration; city and county exception. (a) No elevator shall be erected, constructed, installed or altered within or adjacent to a building or structure unless a valid permit is obtained from the state …

44-1815. Elevator inspections; inspection reports; required elevator testing; special load testing requirements; exceptions. (a) It shall be the responsibility of the owner of any new or existing elevator or the owner's agent to have such elevator inspected by a licensed elevator…

44-1816. Elevator certificate of operation; application requirements and fee; periods of validity; renewals; certificate display; city and county exception. (a) For any elevator installed prior to July 1, 2024, the owner of the elevator or the owner's agent shall apply for a cert…

44-1817. Registry of elevators; information required; city and county exception. (a) The state fire marshal shall establish a registry of elevators that are in operation and for which a certificate of operation has been issued and shall maintain the information provided under sub…

44-1818. Requests for investigation of alleged violations; confidentiality; investigation by state fire marshal; determination of violation. (a) Any person may request an investigation into an alleged violation of this act or rules and regulations adopted pursuant thereto, or the…