Chapter 60 — PROCEDURE, CIVIL

60-3607. Immunity from liability for athletic officials in the course of officiating. (a) An athletic official shall not be liable for damages in a civil action for ordinary negligence for the actions or omissions arising out of and in the course of officiating at an interscholas…

60-3611. Immunity from liability for volunteers of certain nonprofit homeowners organizations; limitations. (a) As used in this section: (1) "Nonprofit homeowners organization" means those nonprofit organizations exempt from federal income tax pursuant to section 528 of the inter…

60-3614. Immunity from liability for offenders performing community service work; limitations. (a) If an adult offender or juvenile offender has been sentenced to perform community service work by the court, and such offender is performing such services for a governmental entity,…

60-3701. Punitive and exemplary damages; separate proceeding for determination of amount; considerations; limitations; maximum amount of award; application limited. (a) In any civil action in which exemplary or punitive damages are recoverable, the trier of fact shall determine, …

60-3702. Same; trier of fact determines whether damages allowed; separate proceeding for determination of amount; considerations; limitations; maximum amount of award. (a) In any civil action in which exemplary or punitive damages are recoverable, the trier of fact shall determin…

60-3703. Filing an amended pleading to claim punitive damages. No tort claim or reference to a tort claim for punitive damages shall be included in a petition or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damage…

60-3801. History: L. 1988, ch. 222, § 1; Repealed, L. 2014, ch. 84, § 6; July 1. Law Review and Bar Journal References: "A Critical Analysis of the 1988 Kansas Collateral Source Statute," Timothy Short, J.K.T.L.A. Vol. XVI, No. 2, 7 (1992). "Victim's Rights Versus Special Interes…

60-3802. History: L. 1988, ch. 222, § 2; Repealed, L. 2014, ch. 84, § 6; July 1. Law Review and Bar Journal References: "A Critical Analysis of the 1988 Kansas Collateral Source Statute," Timothy Short, J.K.T.L.A. Vol. XVI, No. 2, 8 (1992). "From the Capitol," Timothy A. Short, J…

60-3803. History: L. 1988, ch. 222, § 3; Repealed, L. 2014, ch. 84, § 6; July 1. Law Review and Bar Journal References: "Victim's Rights Versus Special Interest: A Difficult Choice for the Kansas Legislature In Its Fight to Abrogate the Collateral Source Rule," Melinda Young, 45 …

60-3804. History: L. 1988, ch. 222, § 4; Repealed, L. 2014, ch. 84, § 6; July 1. Law Review and Bar Journal References: "A Closer Look at Statutory Caps," Bradley Post and Robert E. Keeshan, J.K.T.L.A. Vol. XXVI, No. 5, 6 (2003). "Victim's Rights Versus Special Interest: A Diffic…

60-3805. History: L. 1988, ch. 222, § 5; Repealed, L. 2014, ch. 84, § 6; July 1. Law Review and Bar Journal References: "A Critical Analysis of the 1988 Kansas Collateral Source Statute," Timothy Short, J.K.T.L.A. Vol. XVI, No. 2, 8 (1992). "The Collateral Source Rule and its Abo…

60-3806. History: L. 1988, ch. 222, § 6; Repealed, L. 2014, ch. 84, § 6; 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 US…

60-3807. History: L. 1988, ch. 222, § 7; Repealed, L. 2014, ch. 84, § 6; July 1. Law Review and Bar Journal References: "A Critical Analysis of the 1988 Kansas Collateral Source Statute," Timothy Short, J.K.T.L.A. Vol. XVI, No. 2, 10 (1992). CASE ANNOTATIONS 1. Provisions of act …

60-3901. Standards of liability of certified public accountants and attorneys to financial institutions. (a) Unless otherwise agreed in writing, certified public accountants, licensed in accordance with article 3 of chapter 1 of the Kansas Statutes Annotated, and their firms, off…

60-3902. Same; severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, a…

60-4001. Definitions. As used in this act: (a) "Engages in a domestic animal activity" means riding, training, boarding, loading, hauling, breeding, racing, providing or assisting in medical treatment of, driving, or being a passenger upon a domestic animal or in or on a vehicle …

60-4002. Affirmative defense of assumption of risk. Except as provided in K.S.A. 60-4003, any participant is assuming the inherent risks of domestic animal activities when such participant engages in a domestic animal activity. The domestic animal activity sponsor or domestic ani…

60-4003. Same; limitations. (a) Nothing in K.S.A. 60-4002 shall prevent or limit the liability of a domestic animal activity sponsor, a domestic animal professional or any other person if the domestic animal activity sponsor, domestic animal professional or person: (1) (A) Provid…

60-4004. Posting warning notices, specifications; contract language requirements. (a) Every domestic animal professional shall post and maintain signs which contain the warning notice specified in subsection (b). Such signs shall be placed in a clearly visible location on or near…

60-4101. Citation of act. K.S.A. 60-4101 through 60-4126 and K.S.A. 60-4127, and amendments thereto, shall be known and may be cited as the Kansas standard asset seizure and forfeiture act. History: L. 1994, ch. 339, § 1; L. 2018, ch. 26, § 3; July 1. Law Review and Bar Journal R…

60-4102. Definitions. As used in this act: (a) "Contraband" means any property the possession of which is illegal. (b) "Conveyance" includes any vehicle, trailer, vessel, aircraft or other means of transportation. (c) "Covered offense" means any crime set forth in K.S.A. 60-4104 …

60-4103. Jurisdiction and venue. (a) The district court has jurisdiction under this act over: (1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; or (2) the interest of an owner or interest holder in t…

60-4104. Covered offenses and conduct giving rise to forfeiture. Conduct and offenses giving rise to forfeiture under this act, whether or not there is a prosecution or conviction related to the offense, are: (a) All offenses which statutorily and specifically authorize forfeitur…

60-4104a. History: L. 1994, ch. 339, § 4; L. 2000, ch. 62, § 2; L. 2006, ch. 146, § 11; Repealed, L. 2007, ch. 195, § 59; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sessi…

60-4104b. History: L. 1994, ch. 339, § 4; L. 2000, ch. 62, § 2; L. 2006, ch. 149, § 9; L. 2006, ch. 183, § 7; L. 2009, ch. 98, § 1; L. 2009, ch. 143, § 21; L. 2010, ch. 122, § 7; L. 2011, ch. 90, § 1; L. 2012, ch. 60, § 1; L. 1994, ch. 339, § 4; L. 2000, ch. 62, § 2; L. 2006, ch.…

60-4105. Property subject to forfeiture. The following property is subject to forfeiture: (a) Property described in a statute authorizing forfeiture; (b) except as otherwise provided by law, all property, of every kind, including, but not limited to, cash and negotiable instrumen…

60-4106. Exemptions; court required to determine whether proposed forfeitures are unconstitutionally excessive. (a) Except as provided in this subsection, all property, including all interests in property, described in K.S.A. 60-4105, and amendments thereto, is subject to forfeit…

60-4107. Seizure of property; notice; limitations on liability; requests for forfeiture; time limitations; federal adoption of seizure, when; limitations; settlements; waiver of rights prohibited. (a) Property may be seized for forfeiture by a law enforcement officer upon process…

60-4108. Same; management and preservation. (a) Property seized for forfeiture under this act is not subject to alienation, conveyance, sequestration, or attachment, nor is the property subject to a motion or order under K.S.A. 22-2512, and amendments thereto. The seizing agency …

60-4109. Commencement of forfeiture proceedings; notice and probable cause affidavit; requirements; forfeiture liens. (a) (1) (A) Forfeiture proceedings shall be commenced by filing: (i) A notice of pending forfeiture or a judicial forfeiture action; and (ii) an affidavit describ…

60-4110. Recognition of exemption. (a) The plaintiff's attorney shall make an opportunity to file a petition for recognition of exemption available in the following manner: (1) The plaintiff's attorney shall acknowledge the opportunity to file a petition for recognition of exempt…

60-4111. Claims; filing of notice of receipt, form and manner. (a) (1) Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailed to the seizing agency and to the plaint…

60-4112. Judicial proceedings, generally; probable cause determinations; court determinations of whether forfeitures are unconstitutionally excessive. (a) A judicial forfeiture proceeding under this act is subject to the provisions of this section. (b) The court, on application o…

60-4113. In rem proceedings. (a) A judicial in rem forfeiture proceeding brought by the plaintiff's attorney pursuant to a notice of pending forfeiture or verified petition for forfeiture is also subject to the provisions of this section. If a forfeiture is authorized by this act…

60-4114. In personam proceedings. (a) (1) A judicial in personam forfeiture proceeding brought by the plaintiff's attorney pursuant to an in personam civil action alleging conduct giving rise to forfeiture is also subject to the provisions of this section. If a forfeiture is auth…

60-4115. Substituted assets and supplemental remedies. (a) The court shall order the forfeiture of any other property of an owner or in personam defendant, up to the value of that owner's or defendant's property found by the court to be subject to forfeiture under this act, if an…

60-4116. Judicial disposition of property; court-ordered payment of attorney fees, costs and interest. (a) If no proper claims are timely filed in an action in rem, or if no proper answer is timely filed in response to a complaint, the plaintiff's attorney may apply for an order …

60-4117. Disposition of forfeited property; use of proceeds of sale; tracking and reporting of deposits and expenditures. Except as provided in K.S.A. 65-7014, and amendments thereto: (a) When property is forfeited under this act, the law enforcement agency may: (1) Retain such p…

60-4118. Powers of enforcement personnel. (a) A county attorney, district attorney, the attorney general or such attorney's designee may conduct an investigation of alleged conduct in violation of this act. Such attorney is authorized, before commencement of any civil proceeding …

60-4119. Immunity orders. (a) If a person is or may be called to produce evidence at a deposition, hearing or trial under this act or at an investigation brought by the attorney under K.S.A. 60-4118, and amendments thereto, the district court for the county in which the depositio…

60-4120. Statute of limitations. A civil action under this act shall be commenced within five years after the last conduct giving rise to forfeiture or the cause of action became known or should have become known, excluding any time during which either the property or defendant i…

60-4121. Summary forfeiture of controlled substances. Controlled substances which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this act an order forfeiting any controlled sub…

60-4122. Collateral action. No person claiming an interest in property subject to forfeiture may commence or maintain any action against a seizing agency concerning the validity of the alleged interest other than provided in this act. History: L. 1994, ch. 339, § 22; July 1. Prev…

60-4123. Statutory construction. The provisions of this act shall be liberally construed to effectuate its remedial purposes. Civil remedies under this act shall be supplemental and not mutually exclusive. Such civil remedies do not preclude and are not precluded by any other pro…

60-4124. Uniformity of application. (a) The provisions of this act shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of this act among states enacting the act. (b) The attorney general is authorized to enter into reci…

60-4125. Severability clause. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, …

60-4126. Placement of act; applicability of rules of evidence. This act shall be part of and supplemental to Chapter 60 of the Kansas Statutes Annotated, and amendments thereto, the code of civil procedure. Unless otherwise provided, the rules of evidence shall apply. History: L.…

60-4127. Kansas asset seizure and forfeiture repository; Kansas bureau of investigation, powers and duties; reports by seizing agency; financial reports, compliance; reports to legislature. (a) The Kansas bureau of investigation shall establish the Kansas asset seizure and forfei…

60-4201. Architects and engineers; immunity from liability in certain circumstances. (a) An architect, defined and licensed under K.S.A. 74-7003 et seq. and amendments thereto, or professional engineer, defined and licensed under K.S.A. 74-7003 et seq. and amendments thereto, who…

60-4301. History: L. 1995, ch. 257, § 9; Repealed, L. 2022, ch. 31, § 6; 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 US…