Chapter 58 — PERSONAL AND REAL PROPERTY

58-4717. Prohibited acts. No AMC shall perform or attempt to perform any of the following acts: (a) Require an appraiser to modify any aspect of an appraisal unless the modification complies with subsection (b) of K.S.A. 58-4716, and amendments thereto; (b) require an appraiser t…

58-4718. Prompt payment. Except in bona fide cases of breach of contract or substandard performance of services, each AMC shall make payment to an appraiser for the completion of an appraisal or valuation assignment within 45 days of the date on which the appraiser transmits or o…

58-4719. Modification of appraisal prohibited. (a) No AMC shall alter, modify, or otherwise change or attempt to alter, modify, or otherwise change a completed appraisal submitted by an appraiser. (b) No AMC shall require an appraiser to provide the AMC with the appraiser's digit…

58-4720. Registration number. (a) The board shall issue a unique registration number to each AMC that is registered in this state. (b) The board shall maintain on its website a list of the AMCs that have registered with the board pursuant to this act and have been issued a regist…

58-4721. Removal of appraiser, limitation. No AMC shall remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without: (a) Notifying the appraiser in writing of the reasons why such appraiser is bei…

58-4722. Denial of registration or renewal thereof; grounds. The board may deny the issuance of a registration or a renewal of a registration to an applicant for failure to comply with any requirement of this act, or any rule or regulation adopted pursuant thereto, or for any of …

58-4723. Penalties; proceedings conducted in accordance with Kansas Administrative Procedure Act. (a) The board may censure an AMC, condition, limit, suspend or revoke the registration of an AMC, and in addition to or in lieu of any other administrative, civil or criminal remedy …

58-4724. Assessment of costs for proceedings. (a) The costs incurred by the board in conducting any proceeding under the Kansas administrative procedure act may be assessed against the AMC if the order of the board is adverse to the AMC in such proportion as the board determines …

58-4725. Rules and regulations. In accordance with the provisions of the rules and regulations filing act, K.S.A. 77-415 et seq., and amendments thereto, the board may adopt, amend and revoke rules and regulations governing the administration and enforcement of this act, includin…

58-4801. Citation of act. This act may be cited as the revised uniform fiduciary access to digital assets act (2015). History: L. 2017, ch. 19, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR…

58-4802. Definitions. In this act: (a) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. (b) "Agent" means an attorney-in-…

58-4803. Applicability of act. (a) This act applies to: (1) A fiduciary acting under a will or power of attorney executed before, on or after July 1, 2017; (2) a personal representative acting for a decedent who died before, on or after July 1, 2017; (3) a guardianship or conserv…

58-4804. User direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online…

58-4805. Terms-of-service agreement. (a) This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This act does not give a fiduciary or designated recipient any new or expanded rights …

58-4806. Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this act, the custodian may at its sole discretion: (1) Grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient …

58-4807. Disclosure of content of electronic communications of deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user…

58-4808. Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communication…

58-4809. Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the co…

58-4810. Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf …

58-4811. Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, includin…

58-4812. Disclosure of contents of electronic communications held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the…

58-4813. Disclosure of other digital assets held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of ele…

58-4814. Disclosure of digital assets to guardian or conservator of ward or conservatee. (a) After an opportunity for a hearing under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto…

58-4815. Fiduciary duty and authority. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary's o…

58-4816. Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under K.S.A. 58-4807 through 58-4815, and amendments thereto, a custodian shall comply with a request under this act from a fiduciary or designated recipient to disclo…

58-4817. 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. 2017, ch. 19, § 17; July 1. Previo…

58-4818. 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 § 101(c) of that act, 15 U.S.C.…

58-4819. 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…

58-4901. Citation of act. K.S.A. 58-4901 through 58-4906, and amendments thereto, shall be known and may be cited as the first-time home buyer savings account act. History: L. 2021, ch. 102, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archi…

58-4902. Definitions. As used in the first-time home buyer savings account act: (a) "Account" or "first-time home buyer savings account" means an individual savings account established in accordance with the provisions of this act. (b) "Account holder" means an individual who est…

58-4903. Designation of first-time home buyer savings account; designated beneficiary; contribution limits; responsibilities of account holder; survivorship interest not created for designated beneficiary; payment of such account upon death of account holder. (a) On and after Jul…

58-4904. Use of account moneys; withdrawals; subject to recapture, when; penalty. (a) (1) The moneys in a first-time home buyer savings account may be: (A) Used for eligible expenses related to a designated beneficiary's purchase or construction of a primary residence located in …

58-4905. Annual reporting; forms; rules and regulations. (a) The secretary shall establish forms for an account holder to annually report information about any accounts held by such account holder. An account holder shall annually file with the account holder's state income tax r…

58-4906. Actions that are not a requirement of nor the responsibility or liability of financial institutions; determining a payable on death beneficiary. (a) No financial institution shall be required to: (1) Designate an account as a first-time home buyer savings account or desi…

58-4907. Non-exclusive authority to market the first-time home buyer savings account program by the state treasurer. (a) The state treasurer may have non-exclusive authority to market the first-time home buyer savings account program to account holders and financial institutions …

58-5001. Citation of act. K.S.A. 58-5001 through 58-5018, and amendments thereto, may be cited as the Kansas uniform directed trust act. History: L. 2022, ch. 16, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived L…

58-5002. Definitions. As used in the Kansas uniform directed trust act: (1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this act or law of this state pertaining to trusts other than…

58-5003. Application; principal place of administration. (a) The Kansas uniform directed trust act applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules: (1) If the trust was created before July 1, 2022,…

58-5004. Common law and principles of equity supplement the act. The common law and principles of equity supplement the Kansas uniform directed trust act, except to the extent modified by this act or law of this state other than this act. History: L. 2022, ch. 16, § 4; July 1. Pr…

58-5005. Exclusions. (a) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (b) The Kansas uniform directed trust a…

58-5006. Powers of trust director. (a) Subject to K.S.A. 58-5007, and amendments thereto, the terms of a trust may grant a power of direction to a trust director. (b) Unless the terms of a trust provide otherwise: (1) A trust director may exercise any further power appropriate to…

58-5007. Limitations on trust director. A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under K.S.A. 58-5006(b)(1), and amendments thereto, regard…

58-5008. Duty and liability of trust director. (a) Subject to subsection (b), with respect to a power of direction or further power under K.S.A. 58-5006(b)(1), and amendments thereto: (1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of…

58-5009. Duty and liability of directed trustee. (a) Subject to subsection (b), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under K.S.A. 58-5006(b)(1), and amendments thereto, a…

58-5010. Duty to provide information to trust director or trustee. (a) Subject to K.S.A. 58-5011, and amendments thereto, a trustee shall provide information to a trust director to the extent the information is reasonably related both to: (1) The powers or duties of the trustee; …

58-5011. No duty to monitor, inform or advise. (a) Unless the terms of a trust provide otherwise: (1) A trustee does not have a duty to: (A) Monitor a trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in whic…

58-5012. Application to cotrustee. The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from du…

58-5013. Limitation of action against trust director. (a) An action against a trust director for breach of trust must be commenced within the same limitation period as under K.S.A. 58a-1005, and amendments thereto, for an action for breach of trust against a trustee in a like pos…

58-5014. Defenses in action against trust director. In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.…

58-5015. Jurisdiction over trust director. (a) By accepting appointment as a trust director of a trust subject to the Kansas uniform directed trust act, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of th…