Kansas Electrical Licensing Law
Kansas Code · 8 sections
The following is the full text of Kansas’s electrical licensing law statutes as published in the Kansas Code. For the official version, see the Kansas Legislature.
K.S.A. § 005_004_0001
5-401
KANSAS OFFICE of
REVISOR of STATUTES
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home >> Statutes >> Back
Printable Format
Previous | Next
5-401.
History:
L. 1973, ch. 24, § 1; L. 1977, ch. 25, § 1; L. 1987, ch. 38, § 1; L. 1995, ch. 155, § 2; Repealed, L. 2018, ch. 90, § 35; July 1.
Law Review and Bar Journal References:
"The Arbitrator: As a Punisher and as a Professional," Robert J. Fowks, 47 J.B.A.K. 7, 10 (1978).
Arbitration of contractual disputes, 17 W.L.J. 657, 663 (1978).
"So You Thought You Knew What a Tort Was," Prof. Robert J. Fowks, 49 J.K.B.A. 31 (1980).
"Arbitration: Confirming Application of the Kansas Uniform Arbitration Act," Michael A. Schlueter, 24 W.L.J. 615, 622 (1985).
"Arbitration and Securities Claims," Kenneth G. Gale, J.K.T.L.A. Vol. XVI, No. 1, 16 (1992).
"Arbitrating Employment Disputes: Greener Pastures for Employers?" Terrence Kilroy and Adam P. Sachs, 62 J.K.B.A. No. 3, 32, 34 (1993).
"Mandatory Arbitration of Employment DisputesâThe Whats, Whys and Hows," Boyd A. Byers, 67 J.K.B.A. No. 3, 18 (1998).
"The Changing Face of Arbitration: What Once Was Old is New Again," James P. Buchele and Larry R. Rute, 72 J.K.B.A. No. 7, 36 (2003).
CASE ANNOTATIONS
-
Cited; act not retroactive; uninsured motorists arbitration clause invalid under law as applied. Clayton v. Alliance Mutual Casualty Co., 213 Kan. 84, 85, 515 P.2d 1115.
-
Arbitration Act not applicable to arbitration agreements made before July 1, 1973. City of Beverly v. White, Hamele & Hunsley, 224 Kan. 386, 580 P.2d 1321.
-
Cited; Federal Arbitration Act applies; interstate commerce; "claim in tort" arbitrable thereunder. R. J. Palmer Constr. Co. v. Wichita Band Instrument Co., 7 Kan. App. 2d 363, 365, 642 P.2d 147 (1982).
-
Not applicable to arbitration clause in employment contract between school district and teachers' bargaining unit. NEA-Topeka v. U.S.D. No. 501, 7 Kan. App. 2d 529, 530, 531, 532, 644 P.2d 1006 (1982).
-
Agreement to arbitrate as part of state construction contract not void and unenforceable; arbitration award upheld. Evans Electrical Constr. Co. v. University of Kansas Med. Center, 230 Kan. 298, 303, 634 P.2d 1079 (1981).
-
Arbitration is proper forum to decide dispute; agreement to arbitrate is valid and enforceable. State v. Thomas Constr. Co., 8 Kan. App. 2d 283, 287, 655 P.2d 471 (1983).
-
Where defendant denied existence of binding contract, anticipatory repudiation waived right to arbitration under contract clause. City of Wamego v. L. R. Foy Constr. Co., 9 Kan. App. 2d 168, 171, 675 P.2d 912 (1984).
-
Act does not impose restrictions on court's power to review district court's decision but district court's review is restricted. Rural Water Dist. No. 6 v. Ziegler Corp., 9 Kan. App. 2d 305, 309, 677 P.2d 573 (1984).
-
Arbitration unnecessary where controversy over construction contract provision not covered by class of disputes in contract subject thereto. Havens v. Safeway Stores, 235 Kan. 226, 229, 678 P.2d 625 (1984).
-
Where arbitration in Kansas not specified, compliance with construction industry arbitration rules satisfies statutory requirement for in-state arbitration. L. R. Foy Constr. Co., Inc. v. Dean L. Danley, 547 F. Supp. 166, 169 (1982).
-
Where arbitrators' award for loss of use of construction equipment provided in contract, statute not violated. Jackson Trak Group, Inc. v. Mid States Port Authority, 242 Kan. 683, 694, 751 P.2d 122 (1988).
-
Cited; discharge for absence due to work-related injury held retaliatory; tort action independent of collective bargaining agreement noted. Coleman v. Safeway Stores, Inc., 242 Kan. 804, 809, 752 P.2d 645 (1988).
-
Subcontractor's liability, if any, for alleged failure to perform contractual duties as lying solely in contract examined. L.R. Foy Constr. Co. v. Professional Mechanical Contractors, 13 Kan. App. 2d 188, 194, 766 P.2d 196 (1989).
-
Purpose of UAA as enforcing arbitration agreements as matter of public policy without resort to courts stated. City of Lenexa v. C.L. Fairley Constr. Co., 245 Kan. 316, 318, 777 P.2d 851 (1989).
-
Reinsurance treaty between two insurers not a "contract of insurance" but rather "contract for insurance." Mut. Reinsurance Bureau v. Great Plains Mut. Ins., 750 F. Supp. 455, 461 (1990).
-
Broad arbitration clauses and narrow clauses distinguished; matters properly before arbitrator, court's authority on review examined. City of Lenexa v. C.L. Fairley Constr. Co., Inc., 15 Kan. App. 2d 207, 209, 805 P.2d 507 (1991).
-
Preempted by Federal Arbitration Act, 9 U.S.C. § 1 et seq. Skewes v. Shearson Lehman Bros., 250 Kan. 574, 575, 829 P.2d 874 (1992).
-
Arbitration clause in reinsurance agreement unenforceable; statute held enacted for purpose of regulating business of insurance. Mutual Reinsurance Bureau v. Great Plains Mut., 969 F.2d 931, 932, 933, 934 (1992).
-
Whether contract's arbitration clauses in reinsurance treaties issued in Ohio are unenforceable because they violate Kansas public policy examined. Federated Rural Elec. Ins. v. Nationwide Mut. Ins., 874 F. Supp. 1204, 1207 (1995).
-
Kansas public policy did not preclude enforcement of arbitration clause in insurance contract governed by law of another state. Federated Rural Elec. Ins. v. International Ins., 884 F. Supp. 439, 442 (1995).
-
Section may be applied retroactively because of procedural nature. St. Paul Fire & Marine v. Employers Reinsurance, 919 F. Supp. 133, 139 (1996).
-
Contractual action may not be maintained as a tort action to avoid compulsory arbitration. Beeson v. Erickson, 22 Kan. App. 2d 452, 455, 917 P.2d 901 (1996).
-
Federal arbitration act (9 U.S.C. § 1 et seq.) does not preempt subsection (c)(1); appraisal clause in insurance contract invalidated. Friday v. Trinity Universal of Kansas, 22 Kan. App. 2d 935, 936, 924 P.2d 1284 (1996).
-
Appraisal clause in fire insurance policy is form of arbitration and prohibited hereunder. Friday v. Trinity Universal of Kansas, 262 Kan. 347, 939 P.2d 869 (1997).
-
Federal arbitration act governed over KUAA (K.S.A. 5-401 et seq.) in arbitration of breach of contract claim. Baer v. Terminix Intern. Co., Ltd. Partnership, 975 F. Supp. 1272, 1276 (1997).
-
Contract of parties involves interstate commerce and is governed by Federal Arbitration Act. Biomat, Inc. v. Sampson, 28 Kan. App. 2d 242, 15 P.3d 846 (2000).
-
Arbitrator not empowered to apply a cap on damages not agreed to by parties. Flenorry v. Eagle's Nest Apts., 28 Kan. App. 2d 906, 22 P.3d 613 (2001).
-
Contractual agreement to submit fee disputes to arbitration enforced; parties may leave other issues to resolution by courts. Butler Nat'l Corp. v. Gerald T. Kelly & Co., 30 Kan. App. 2d 538, 43 P.3d 824 (2002).
-
City not required to submit claim to arbitration where its tort claims are exempt under subsection (c)(3). City of Andover v. Southwestern Bell Telephone, 37 Kan. App. 2d 358, 364, 153 P.3d 561 (2007).
-
Exception allowing judicial review of arbitration decision preempted by federal arbitration act. Lewis v. Circuit City Stores, Inc., 500 F.3d 1140, 1153 (2007).
-
Cited; written contracts cannot include a mandatory arbitration clause for tort causes of action arising between the parties. Diederich v. Yarnevich, 40 Kan. App. 2d 801, 814, 196 P.3d 411 (2008).
-
Federal arbitration act preempts K.S.A. 5-401 which prohibits arbitration of tort claims. Packard v. Credit Solutions of America, Inc., 42 Kan. App. 2d 382, 213 P.3d 437 (2009).
-
Trial court improperly assigned arbitrator issue of whether parties' settlement agreement was valid, when trial court had already found agreement valid and enforceable. Kopp v. Kopp, 44 Kan. App. 2d 573, 239 P.3d 878 (2010).
Previous | Next
LEGISLATIVE COORDINATING COUNCIL
RECENT MEETINGS
01/08/2026
Meeting Notice
Agenda
Item 1 Proposed Minutes December 22, 2025
Item 2 LCC Policy 38 Amend
Item 4 LCC Memo KLISS Update
ARCHIVED DOCUMENTS
LCC Policies
Archived Meetings
REVISOR OF STATUTES
2026 INTERIM
2026 Interim Studies - Staff Assignments
SCHOOL FINANCE
Gannon v. State Archive
2024 SPECIAL SESSION
Summary of Special Sessions in Kansas
Bill Brief for Senate Bill No. 1
Bill Brief for House Bill No. 2001
NEW, AMENDED & REPEALED STATUTES
2025 Composite List By Bill
2025 Composite List By KSA
2024 Composite List By Bill
2024 Composite List By KSA
2023 Composite List By Bill
2023 Composite List By KSA
USEFUL LINKS
Session Laws
Kansas Administrative Regulations
OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department
Contact Us
PDF Help
www.ksrevisor.gov 2025
K.S.A. § 005_004_0002
5-402
KANSAS OFFICE of
REVISOR of STATUTES
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home >> Statutes >> Back
Printable Format
Previous | Next
5-402.
History:
L. 1973, ch. 24, § 2; Repealed, L. 2018, ch. 90, § 35; July 1.
Law Review and Bar Journal References:
"Arbitration: Confirming Application of the Kansas Uniform Arbitration Act," Michael A. Schlueter, 24 W.L.J. 615, 623, 625 (1985).
"Jurisdiction of Arbitrators to Decide Their Own Jurisdiction: Competence-Competence in Kansas and MBNA America Bank N.A. v. Credit," Christopher R. Drahozal, 76 J.K.B.A. No. 5, 28 (2007).
"Summary Judgment for Failure to Mediate: Is it Really That Simple?" Stanley A. Leasure, 77 J.K.B.A. No. 6, 22 (2008).
CASE ANNOTATIONS
-
K.S.A. 5-418(a)(1) and (2) do not grant right to appeal order denying application to stay arbitration hereunder. Hodes v. Comprehensive Health Associates, 9 Kan. App. 2d 36, 38, 670 P.2d 76 (1983).
-
Where defendant denied existence of binding contract, anticipatory repudiation waived right to arbitration under contract clause. City of Wamego v. L. R. Foy Constr. Co., 9 Kan. App. 2d 168, 171, 675 P.2d 912 (1984).
-
Proceedings to compel arbitration are civil proceedings brought in district court pursuant hereto and to K.S.A. 60-201 et seq. U.S.D. No. 215 v. L. R. Foy Constr. Co., 237 Kan. 1, 5, 697 P.2d 456 (1985).
-
Order denying motion to compel arbitration appealable as a matter of right. Kansas Gas & Electric Co. v. Kansas Power & Light Co., 12 Kan. App. 2d 546, 551, 751 P.2d 146 (1988).
-
Purpose of UAA as enforcing arbitration agreements as matter of public policy without resort to courts stated. City of Lenexa v. C.L. Fairley Constr. Co., 245 Kan. 316, 317, 777 P.2d 851 (1989).
-
Court required to stay proceedings where parties have agreement to arbitrate disputes; waiver of right to arbitration examined. D.M. Ward Constr. Co. v. Electric Coop of Kansas City, 15 Kan. App. 2d 114, 118, 803 P.2d 593 (1991).
-
Once defendant disputed existence of arbitration agreement arbitrator not free to arbitrate until existence litigated. MBNA America Bank v. Credit, 281 Kan. 655, 658, 132 P.3d 898 (2006).
Previous | Next
LEGISLATIVE COORDINATING COUNCIL
RECENT MEETINGS
01/08/2026
Meeting Notice
Agenda
Item 1 Proposed Minutes December 22, 2025
Item 2 LCC Policy 38 Amend
Item 4 LCC Memo KLISS Update
ARCHIVED DOCUMENTS
LCC Policies
Archived Meetings
REVISOR OF STATUTES
2026 INTERIM
2026 Interim Studies - Staff Assignments
SCHOOL FINANCE
Gannon v. State Archive
2024 SPECIAL SESSION
Summary of Special Sessions in Kansas
Bill Brief for Senate Bill No. 1
Bill Brief for House Bill No. 2001
NEW, AMENDED & REPEALED STATUTES
2025 Composite List By Bill
2025 Composite List By KSA
2024 Composite List By Bill
2024 Composite List By KSA
2023 Composite List By Bill
2023 Composite List By KSA
USEFUL LINKS
Session Laws
Kansas Administrative Regulations
OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department
Contact Us
PDF Help
www.ksrevisor.gov 2025
K.S.A. § 005_004_0011
5-411
KANSAS OFFICE of
REVISOR of STATUTES
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home >> Statutes >> Back
Printable Format
Previous | Next
5-411.
History:
L. 1973, ch. 24, § 11; Repealed, L. 2018, ch. 90, § 35; July 1.
CASE ANNOTATIONS
-
Arbitration award upheld in state building construction controversy; no evidence that award obtained by fraud, corruption or undue means. Evans Electrical Constr. Co. v. University of Kansas Med. Center, 230 Kan. 298, 305, 634 P.2d 1079 (1981).
-
Cited in action filed in district court to confirm arbitration award. In re Arbitration between Johns Constr. Co. & U.S.D. No. 210, 233 Kan. 527, 644 P.2d 821 (1983).
-
Review of arbitration award governed by act; open meetings act (K.S.A. 75-4317 et seq.) not applicable to contract dispute arbitration hearings on school construction. In re Arbitration between Johns Constr. Co. & U.S.D. No. 210, 233 Kan. 527, 528, 664 P.2d 821 (1983).
-
Cited; arbitration venue, award for improper equipment seizure, res judicata of earlier court decision, tort v. contract examined. Jackson Trak Group, Inc. v. Mid States Port Authority, 242 Kan. 683, 687, 751 P.2d 122 (1988).
-
Purpose of UAA as enforcing arbitration agreements as matter of public policy without resort to courts stated. City of Lenexa v. C.L. Fairley Constr. Co., 245 Kan. 316, 318, 777 P.2d 851 (1989).
Previous | Next
LEGISLATIVE COORDINATING COUNCIL
RECENT MEETINGS
01/08/2026
Meeting Notice
Agenda
Item 1 Proposed Minutes December 22, 2025
Item 2 LCC Policy 38 Amend
Item 4 LCC Memo KLISS Update
ARCHIVED DOCUMENTS
LCC Policies
Archived Meetings
REVISOR OF STATUTES
2026 INTERIM
2026 Interim Studies - Staff Assignments
SCHOOL FINANCE
Gannon v. State Archive
2024 SPECIAL SESSION
Summary of Special Sessions in Kansas
Bill Brief for Senate Bill No. 1
Bill Brief for House Bill No. 2001
NEW, AMENDED & REPEALED STATUTES
2025 Composite List By Bill
2025 Composite List By KSA
2024 Composite List By Bill
2024 Composite List By KSA
2023 Composite List By Bill
2023 Composite List By KSA
USEFUL LINKS
Session Laws
Kansas Administrative Regulations
OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department
Contact Us
PDF Help
www.ksrevisor.gov 2025
K.S.A. § 005_004_0012
5-412
KANSAS OFFICE of
REVISOR of STATUTES
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home >> Statutes >> Back
Printable Format
Previous | Next
5-412.
History:
L. 1973, ch. 24, § 12; Repealed, L. 2018, ch. 90, § 35; July 1.
Law Review and Bar Journal References:
"The Changing Face of Arbitration: What Once Was Old is New Again," James P. Buchele and Larry R. Rute, 72 J.K.B.A. No. 7, 36 (2003).
"Jurisdiction of Arbitrators to Decide Their Own Jurisdiction: Competence-Competence in Kansas and MBNA America Bank N.A. v. Credit," Christopher R. Drahozal, 76 J.K.B.A. No. 5, 28 (2007).
CASE ANNOTATIONS
-
Arbitration award upheld in state building construction controversy; no evidence that award obtained by fraud, corruption or undue means. Evans Electrical Constr. Co. v. University of Kansas Med. Center, 230 Kan. 298, 305, 307, 634 P.2d 1079 (1981).
-
Judicial review and grounds for vacation of award considered. Foley Co. v. Grinsted Products, Inc., 233 Kan. 339, 344, 345, 347, 662 P.2d 1254 (1983).
-
Review of arbitration award governed by act; open meetings act (K.S.A. 75-4317 et seq.) not applicable to contract dispute arbitration hearings on school construction. In re Arbitration between Johns Constr. Co. & U.S.D. No. 210, 233 Kan. 527, 528, 664 P.2d 821 (1983).
-
Where appellant fails to provide adequate record to substantiate claimed error, neither counsel's argument nor assertions in brief cure defect. Rural Water Dist. No. 6 v. Ziegler Corp., 9 Kan. App. 2d 305, 310, 677 P.2d 573 (1984).
-
Common law modified; remaining arbitrators may continue hearing and determine controversy when one ceases to act. Board of Neosho County Comm'rs v. Central Air Conditioning Co., Inc., 235 Kan. 977, 978, 982, 683 P.2d 1282 (1984).
-
Cited; arbitration venue, award for improper equipment seizure, res judicata of earlier court decision, tort v. contract examined. Jackson Trak Group, Inc. v. Mid States Port Authority, 242 Kan. 683, 688, 751 P.2d 122 (1988).
-
Purpose of UAA as enforcing arbitration agreements as matter of public policy without resort to courts stated. City of Lenexa v. C.L. Fairley Constr. Co., 245 Kan. 316, 318, 777 P.2d 851 (1989).
-
Broad arbitration clauses and narrow clauses distinguished; matters properly before arbitrator, court's authority on review examined. City of Lenexa v. C.L. Fairley Constr. Co., Inc., 15 Kan. App. 2d 207, 805 P.2d 507 (1991).
-
Fraud in arbitration process is grounds for vacating award, not issue of fraud in dispute. Professional Builders, Inc. v. Sedan Floral, Inc., 16 Kan. App. 2d 180, 182, 819 P.2d 1254 (1991).
-
Arbitration award presumed valid; no requirement for abrogation of arbitration provision in the contract. Alexander v. Everhart, 27 Kan. App. 2d 321, 3 P.3d 575 (2000).
-
Court may vacate arbitration award procured by corruption, fraud or other undue means. Alexander v. Everhart, 27 Kan. App. 2d 897, 7 P.3d 1049 (2000).
-
Defendant's motion to vacate timely under circumstances of case. MBNA America Bank v. Credit, 281 Kan. 655, 660, 132 P.3d 898 (2006).
-
Affirmed, plaintiff did not prove basis for setting aside arbitration award. Griffith v. McGovern, 36 Kan. App. 2d 494, 498, 500, 141 P.3d 516 (2006).
-
Cited; arbitration award confirmed; under American Arbitration Association rules arbitration awards may be delivered by electronic service. Nowicki v. Project Paint Research Labs, 40 Kan. App. 2d 733, 736-739, 195 P.3d 273 (2008).
-
An arbitration award may be challenged at confirmation on basis that the arbitrator exceeded authority. Hemphill v. Ford Motor Co., 41 Kan. App. 2d 726, 206 P.3d 1 (2009).
-
Arbitrator exceeded power in deeming settlement agreement unenforceable where court had previously upheld validity by ordering arbitration under agreement. Kopp v. Kopp, 44 Kan. App. 2d 573, 239 P.3d 878 (2010).
-
Review of the arbitration award is allowed even when the parties waived their rights for review. Heartland Surgical Specialty Hospital v. Reed, 48 Kan. App. 2d 237, 287 P.3d 933 (2012).
Previous | Next
LEGISLATIVE COORDINATING COUNCIL
RECENT MEETINGS
01/08/2026
Meeting Notice
Agenda
Item 1 Proposed Minutes December 22, 2025
Item 2 LCC Policy 38 Amend
Item 4 LCC Memo KLISS Update
ARCHIVED DOCUMENTS
LCC Policies
Archived Meetings
REVISOR OF STATUTES
2026 INTERIM
2026 Interim Studies - Staff Assignments
SCHOOL FINANCE
Gannon v. State Archive
2024 SPECIAL SESSION
Summary of Special Sessions in Kansas
Bill Brief for Senate Bill No. 1
Bill Brief for House Bill No. 2001
NEW, AMENDED & REPEALED STATUTES
2025 Composite List By Bill
2025 Composite List By KSA
2024 Composite List By Bill
2024 Composite List By KSA
2023 Composite List By Bill
2023 Composite List By KSA
USEFUL LINKS
Session Laws
Kansas Administrative Regulations
OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department
Contact Us
PDF Help
www.ksrevisor.gov 2025
K.S.A. § 005_004_0013
5-413
KANSAS OFFICE of
REVISOR of STATUTES
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home >> Statutes >> Back
Printable Format
Previous | Next
5-413.
History:
L. 1973, ch. 24, § 13; Repealed, L. 2018, ch. 90, § 35; July 1.
CASE ANNOTATIONS
- Arbitration award upheld in state building construction controversy; no evidence that award obtained by fraud, corruption or undue means. Evans Electrical Constr. Co. v. University of Kansas Med. Center, 230 Kan. 298, 306, 634 P.2d 1079 (1981).
Previous | Next
LEGISLATIVE COORDINATING COUNCIL
RECENT MEETINGS
01/08/2026
Meeting Notice
Agenda
Item 1 Proposed Minutes December 22, 2025
Item 2 LCC Policy 38 Amend
Item 4 LCC Memo KLISS Update
ARCHIVED DOCUMENTS
LCC Policies
Archived Meetings
REVISOR OF STATUTES
2026 INTERIM
2026 Interim Studies - Staff Assignments
SCHOOL FINANCE
Gannon v. State Archive
2024 SPECIAL SESSION
Summary of Special Sessions in Kansas
Bill Brief for Senate Bill No. 1
Bill Brief for House Bill No. 2001
NEW, AMENDED & REPEALED STATUTES
2025 Composite List By Bill
2025 Composite List By KSA
2024 Composite List By Bill
2024 Composite List By KSA
2023 Composite List By Bill
2023 Composite List By KSA
USEFUL LINKS
Session Laws
Kansas Administrative Regulations
OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department
Contact Us
PDF Help
www.ksrevisor.gov 2025
K.S.A. § 005_004_0018
5-418
KANSAS OFFICE of
REVISOR of STATUTES
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home
About Us
Office Staff
FAQs
Contact Us
KS Constitution
Open Records
Statutes
Home >> Statutes >> Back
Printable Format
Previous | Next
5-418.
History:
L. 1973, ch. 24, § 18; Repealed, L. 2018, ch. 90, § 35; July 1.
Law Review and Bar Journal References:
"Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009).
CASE ANNOTATIONS
-
No right to appeal order denying application to stay arbitration under K.S.A. 5-402(b). Hodes v. Comprehensive Health Associates, 9 Kan. App. 2d 36, 38, 670 P.2d 76 (1983).
-
Cited where court held anticipatory repudiation of existence of binding contract created waiver of arbitration agreement therein. City of Wamego v. L. R. Foy Constr. Co., 9 Kan. App. 2d 168, 172, 675 P.2d 912 (1984).
-
Act does not impose restrictions on court's power to review district court's decision but district court's review is restricted. Rural Water Dist. No. 6 v. Ziegler Corp., 9 Kan. App. 2d 305, 309, 677 P.2d 573 (1984).
-
Order denying motion to compel arbitration under K.S.A. 5-402 appealable as a matter of right. Kansas Gas & Electric Co. v. Kansas Power & Light Co., 12 Kan. App. 2d 546, 551, 751 P.2d 146 (1988).
-
Trial court order granting motion to compel arbitration is interlocutory rendering motion unappealable. NEA-Topeka v. U.S.D. No. 501, 260 Kan. 838, 841, 925 P.2d 835 (1996).
-
No right of immediate appeal from order vacating arbitration award and directing rehearing. Max Rieke & Brothers, Inc. v. Van Deurzen & Assocs., P.A., 34 Kan. App. 2d 340, 118 P.3d 704 (2005).
Previous | Next
LEGISLATIVE COORDINATING COUNCIL
RECENT MEETINGS
01/08/2026
Meeting Notice
Agenda
Item 1 Proposed Minutes December 22, 2025
Item 2 LCC Policy 38 Amend
Item 4 LCC Memo KLISS Update
ARCHIVED DOCUMENTS
LCC Policies
Archived Meetings
REVISOR OF STATUTES
2026 INTERIM
2026 Interim Studies - Staff Assignments
SCHOOL FINANCE
Gannon v. State Archive
2024 SPECIAL SESSION
Summary of Special Sessions in Kansas
Bill Brief for Senate Bill No. 1
Bill Brief for House Bill No. 2001
NEW, AMENDED & REPEALED STATUTES
2025 Composite List By Bill
2025 Composite List By KSA
2024 Composite List By Bill
2024 Composite List By KSA
2023 Composite List By Bill
2023 Composite List By KSA
USEFUL LINKS
Session Laws
Kansas Administrative Regulations
OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department
Contact Us
PDF Help
www.ksrevisor.gov 2025
K.S.A. 74-7003
74-7003. Definitions. As used in K.S.A. 74-7001 et seq., and amendments thereto:
(a) "Agricultural building" means any structure designed and constructed to house hay, grain, poultry, livestock or other horticultural products, or for farm storage of farming implements. Such structure shall not be a place for human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a building or structure for use by the public.
(b) "Architect" means a person who is qualified to engage in the practice of architecture and who is licensed by the board to practice architecture as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(c) (1) "Architecture" or "practice of architecture" means providing, offering to provide or holding oneself out as able to provide professional architectural services or performing creative work which requires architectural education, training and experience as may be required in connection with the design and construction, restoration, enlargement or alteration of non-exempt public or private buildings intended for human habitation, occupancy or use, and the spaces within and the site surrounding such buildings.
(2) Professional architectural services include the following: Common technical services, as defined in subsection (g); pre-design and schematic design; programming; planning; preparing or providing architectural designs, drawings, specifications and other technical submissions; the design of items relating to building code requirements, as such items pertain to architecture; and the preparation of any architectural design features that are required on legal documents and those other professional architectural services as may be necessary for the rendering of services which have the purpose of protecting the health, safety, property and welfare of the public.
(3) The term "architecture" or "practice of architecture" shall not include those services specifically identified in the definition of "landscape architecture," "professional engineering," "professional geology" and "professional surveying" except for those services which are included in the term "common technical services," as defined in subsection (g).
(d) "Board" means the state board of technical professions.
(e) "Building" means any permanent structure which is enclosed or partially enclosed that provides shelter for human habitation.
(f) "Business entity" means a general corporation, professional corporation, limited liability company, limited liability partnership, corporate partnership or other legal entity created by law.
(g) "Common technical services" means those services which may be offered or performed by any licensee, are performed within the licensee's defined scope of practice and are further described as follows:
(1) Representation of clients in connection with contracts entered into between clients and others;
(2) coordination of elements of technical submissions prepared by the licensee's consultants;
(3) administration of contracts for construction;
(4) observation of construction for general conformance with requirements of approved construction documents or technical submissions prepared by a licensee;
(5) performing acts of consultation and technical investigation;
(6) providing expert technical testimony or testimony evaluation;
(7) performing technical evaluations and research;
(8) teaching in a college or university offering an accredited technical professional curriculum recognized by the board;
(9) providing responsible supervision of these services, insofar as such services involve safeguarding the health, safety, property and welfare of the public; and
(10) preparing and providing drawings, specifications and other technical submissions.
(h) "Construction administration" means the provision of technical professional services during construction by licensees, or persons under the licensee's responsible supervision, which act to confirm substantial compliance with the requirements and provisions of applicable technical documents prepared by the licensee or under the licensee's responsible supervision. Such technical professional services include, but are not limited to: Assisting with bidding or negotiation processes; reviewing and acting upon shop drawings and other submittals; providing clarification or interpretation of the licensee's technical documents; evaluating general progress of construction; observing or evaluating completed construction; and assisting the client in matters related to the licensee's technical professional expertise. Construction administration services do not include management of, or responsibility for, the contractor's construction activities, means or methods.
(i) "Government client" means any state, county or municipal governmental entity including, but not limited to, any department, agency, authority, planning district, board, commission, office or institution thereof, and any school district, college, university and any individual acting under authority to represent any such governmental entity.
(j) "Landscape architect" means a person who is qualified to engage in the practice of landscape architecture and who is licensed by the board to practice landscape architecture as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(k) (1) "Landscape architecture" or "practice of landscape architecture" means performing professional landscape architectural services including the following: Common technical services, as defined in subsection (g); consultation, planning, designing or responsible supervision in connection with the development of land areas for preservation and enhancement; the development of sustainable designs and technology; preparation, review and analysis of master plans for land use and development; production of overall site development and land enhancement plans, grading and drainage plans, irrigation plans, planting plans and construction details; specifications, cost analysis and reports for land development; and the designing of land forms and non-habitable structures for aesthetic and functional purposes, such as pools, walls and structures for outdoor living spaces, for public and private use. The practice of landscape architecture also encompasses the determination of proper land use as it pertains to: Natural features; ground cover, use, nomenclature and arrangement of plant material adapted to soils and climate; naturalistic and aesthetic values; settings and approaches to structures and other improvements; soil conservation; erosion control; and the development of outdoor space in accordance with ideals of human use and enjoyment.
(2) The term "landscape architecture" or "practice of landscape architecture" shall not include those services specifically identified in the definition of "architecture," "professional engineering," "professional geology" and "professional surveying" except for those services which are included in the term "common technical services," as defined in subsection (g).
(l) "License" means a license to practice the technical professions granted under K.S.A. 74-7001 et seq., and amendments thereto.
(m) "Person" means a natural person or business entity.
(n) "Principal" means a person who serves in a business entity as an officer, member of a board of directors, member of a limited liability company or partner.
(o) "Professional engineer" means a person who is qualified to engage in the practice of engineering and who is licensed by the board to practice engineering as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(p) (1) "Professional engineering" or "practice of engineering" means providing, offering to provide, or holding oneself out as able to provide professional engineering services, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences, including the following: Common technical services, as defined in subsection (g); consulting, investigating, evaluating, planning and designing of engineering works and systems; producing engineering surveys and studies; and preparing any engineering design features which embrace such service or work, either public or private, for any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding the health, safety, property or welfare of the public.
(2) As used in this subsection, the term "engineering surveys" includes all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects, but excludes the surveying of real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys or resurveys of the public land survey system.
(3) The term "professional engineering" or "practice of professional engineering" shall not include those services specifically identified in the definition of "architecture," "landscape architecture," "professional geology" and "professional surveying" except for those services which are included in the term "common technical services," as defined in subsection (g).
(q) "Professional geologist" means a person who is qualified to engage in the practice of geology and who is licensed by the board to practice geology as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(r) (1) "Professional geology" or "practice of professional geology" means the performing of professional geology services including the following: Common technical services, as defined in subsection (g); planning or mapping, providing observation, or the responsible supervision thereof, in connection with the treatment of the earth and its origin and history, in general; the investigation of the earth's constituent rocks, minerals, solids, fluids, including surface and underground waters, gases and other materials; and the study of the natural agents, forces and processes which cause changes in the earth.
(2) The term "professional geology" or "practice of professional geology" shall not include those services specifically identified in the definition of "architecture," "landscape architecture," "professional engineering" and "professional surveying" except for those services which are included in the term "common technical services," as defined in subsection (g).
(s) "Professional surveyor" means any person who is engaged in the practice of surveying and who is licensed by the board to practice surveying as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(t) (1) "Professional surveying" or "practice of professional surveying" means providing, or offering to provide, professional surveying services including the following: Common technical services, as defined in subsection (g); using such sciences as mathematics, geodesy and photogrammetry; and involving the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on or below the earth and providing, utilizing or developing the same into survey products such as graphics, data, maps, plans, reports, descriptions or projects. Professional surveying services also include planning, mapping, assembling and interpreting gathered measurements and information related to any one or more of the following:
(A) Determining by measurement the configuration or contour of the earth's surface or the position of fixed objects thereon;
(B) determining by performing geodetic surveys the size and shape of the earth or the position of any point on the earth;
(C) locating, relocating, establishing, re-establishing or retracing property lines or boundaries of any tract of land, road, right-of-way or easement;
(D) preparing the original descriptions of real property for the conveyance of or recording thereof and the preparation of graphics, data, maps, plans, reports, land subdivision plats, descriptions and projects that represent these surveys;
(E) determining, by the use of principles of surveying, the position for any survey monument, whether boundary or non-boundary, or reference point and establishing or replacing any such monument or reference point;
(F) making any survey for the division, subdivision or consolidation of any tract of land;
(G) locating or laying out alignments, positions or elevations where such work is part of the construction of engineering or architectural works; and
(H) creating, preparing or modifying electronic, computerized or other data relative to performance of the activities set forth in subparagraphs (A) through (G).
(2) The term "professional surveying" or "practice of professional surveying" shall not include those services specifically identified in the definition of "architecture," "landscape architecture," "professional engineering" and "professional geology" except for those services which are included in the term "common technical services," as defined in subsection (g).
(u) "Responsible charge" means the application of personal supervision and professional judgment, and the incorporation of detailed knowledge with respect to the content of a technical submission by a licensee when applying the normal standard of care for the work that such licensee is licensed to perform.
(v) "Standard of care" means the duty to exercise the degree of learning and skill ordinarily possessed by a reputable licensee practicing in Kansas in the same or similar locality and under similar circumstances.
(w) "Technical professions" includes the professions of architecture, landscape architecture, professional engineering, professional geology and professional surveying as the practice of such professions are defined in K.S.A. 74-7001 et seq., and amendments thereto.
K.S.A. 74-7035
74-7035. Act not applicable to certain practices and persons. The provisions of K.S.A. 74-7001 et seq., and amendments thereto, shall not apply to:
(a) The work of an employee, consultant or a subordinate of a person holding a license under K.S.A. 74-7001 et seq., and amendments thereto, if such work does not include final designs or decisions, responsible charge of design and is done under the direct responsibility and supervision of a person practicing lawfully a technical profession;
(b) the work of any person who is exclusively and regularly employed by a single employer, provided, such employer is not an engineering, architectural, surveying, landscape architectural or geology firm, and is not primarily engaged in the business of conveying an interest in real property, and also provided, such work is performed under an employer-employee relationship, and making surveys of land and determinations of physical property rights is performed solely in connection with the affairs of such employer or its subsidiaries and affiliates and solely for the uses, purposes and benefit of such employer, subsidiaries and affiliates;
(c) a plumbing contractor, master plumber or journeyman plumber licensed under the provisions of K.S.A. 12-1508 et seq., and amendments thereto, while performing the work such plumber is authorized to perform pursuant to such license; or
(d) an electrical contractor, master electrician, journeyman electrician or residential electrician licensed under the provisions of K.S.A. 12-1525 et seq., and amendments thereto, while performing the work such electrician is authorized to perform pursuant to such license.
(e) For purposes of this act, public officers and employees who, within the scope of their employment and in the discharge of their public duties, provide information pertinent to or review the sufficiency of technical submissions, or who inspect property or buildings for compliance with requirements safeguarding life, health or property, are not engaged in the practice of the technical professions.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)