reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-309 Doing business in state defined; nonresidents subject to personal service outside state.

16-309.
Doing business in state defined; nonresidents subject to personal service outside state.
Any person, association, partnership, firm or corporation shall be doing business in this state if they: Are in any way involved in or connected with the negotiation of any contract; enter into any contract as seller or are to perform any service or services covered by any such contract; receive, either as payee or as agent or as a bailment, any money paid by a purchaser on any contract; or solicit any resident of this state while such resident is in this state. If any nonresident person, association, partnership, firm or corporation is doing such business in this state, they shall be subject to the personal service of process outside this state as provided by K.S.A. 60-308.
History:
L. 1973, ch. 86, § 6; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-311 Duty of medical assistance recipient to inform; payments of balances upon death; conditions; liability.

16-311. Duty of medical assistance recipient to inform; payments of balances upon death; conditions; liability.
(a) Whenever a person, who is or has been a recipient of medical assistance from the Kansas department for children and families, enters into a prearranged funeral agreement, contract or plan pursuant to K.S.A. 16-301, and amendments thereto, or a prearranged funeral agreement, contract or plan funded by insurance proceeds, such person shall inform the secretary for children and families or the secretary's designee of the existence of such an agreement, contract or plan and shall inform the funeral establishment that such person is or has been a recipient of medical assistance.
(b) If any balance remains after payment for the final disposition of a dead human body, or for funeral or burial services, or funeral or burial merchandise, and the purchaser of the agreement, contract, or plan is or has been a recipient of medical assistance or a deceased surviving spouse of a recipient of medical assistance, any remaining balance shall be paid according to K.S.A. 16-304, and amendments thereto, or if such agreement, contract or plan was funded by insurance, any remaining balance shall be paid by the insurance company or the person, association, partnership, firm or corporation providing the services or merchandise to the secretary for children and families or the secretary's designee, to the extent of medical assistance expended on the deceased recipient. The insurance company or the person, association, partnership, firm or corporation providing the services or merchandise shall not be liable to the Kansas department for children and families for the balance in the account if written notice has not been received stating that medical assistance has been expended on the recipient for which the Kansas department for children and families may have a claim, and the balance of the account has been paid to the estate of the deceased or in the case of insurance, the designated beneficiary.
(c) Payments to the secretary for children and families under subsection (b) and K.S.A. 16-304, and amendments thereto, shall be governed by K.S.A. 39-709, and amendments thereto.
History:
L. 2002, ch. 106, § 3; L. 2004, ch. 36, § 2; L. 2014, ch. 115, § 11; L. 2015, ch. 42, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-312 Required disclosures.

16-312. Required disclosures.
Any prearranged funeral agreement that involves the payment of money or the purchase or assignment of an insurance policy or annuity shall be in writing and shall include the following information:
(a) The name, address and phone number of the seller and the name and address of the purchaser of the contract and if the contract involves the payment of money but not the purchase or assignment of an insurance policy or annuity, the social security number of the purchaser of the contract;
(b) a statement of the funeral goods and funeral services purchased. This disclosure may be made by attaching a copy of the completed statement of funeral goods and services selected to the prearranged funeral agreement;
(c) a disclosure informing the purchaser whether the contract is either a guaranteed prearranged funeral agreement or a non-guaranteed prearranged funeral agreement. If the contract is guaranteed only in part, the disclosure shall specify the funeral goods or funeral services included in the guarantee;
(d) if the prearranged funeral agreement is a guaranteed contract, a disclosure that in exchange for all of the proceeds paid pursuant to such prearranged funeral agreement, the seller shall provide the funeral goods and funeral services set forth in such prearranged funeral agreement without regard to the actual cost of such funeral goods and funeral services prevailing at the time of performance under such prearranged funeral agreement;
(e) if the prearranged funeral agreement is a non-guaranteed contract, a disclosure that the proceeds of the trust, insurance policy, or annuity shall be applied to the retail prices in effect at the time of the funeral for the funeral goods and funeral services set forth in the prearranged funeral agreement and that in the event of an insufficiency of funds, the seller shall not be required to perform under such prearranged funeral agreement until payment arrangements satisfactory to the seller have been made;
(f) a disclosure that any excess funds remaining after the payment of funeral goods and services shall be paid to the estate of the purchaser or the beneficiary named in the life insurance policy if the prearranged funeral agreement is funded by a life insurance policy. If the deceased was a recipient of medical assistance, the balance of unused funds shall be paid to the Kansas department for children and families to the extent of medical assistance expended;
(g) if the prearranged funeral agreement is irrevocable, a disclosure that the purchaser does not have a right to revoke the contract; and
(h) a disclosure that the seller may substitute funeral goods or funeral services of equal quality, value, and workmanship if those specified in the prearranged funeral agreement are unavailable at the time of need.
History:
L. 2010, ch. 47, § 1; L. 2014, ch. 115, § 12; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-313 Additional disclosures.

16-313.
Additional disclosures.
If a prearranged funeral agreement is funded by any means other than an insurance policy or annuity, such prearranged funeral agreement shall include all of the following information in addition to the information required to be included under K.S.A. 16-312, and amendments thereto:
(a) A disclosure identifying the name and address of the bank, credit union, savings and loan association, or the trustee of the funeral trust the funds are being deposited into; and
(b) a notice that reasonable fees and expenses may be deducted from the trust if a funeral trust established pursuant to K.S.A. 16-308, and amendments thereto, is being used.
History: L. 2010, ch. 47, § 2; January 1, 2011.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-314 Definition.

16-314.
Definition.
For the purposes of this act, the term "prearranged funeral agreement" shall mean any agreement, contract or plan authorized by K.S.A. 16-301, and amendments thereto.
History: L. 2010, ch. 47, § 3; January 1, 2011.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-323 Misuse of the cemetery merchandise trust fund, criminal penalty.

16-323. Misuse of the cemetery merchandise trust fund, criminal penalty.
(a) Misuse of the cemetery merchandise trust fund or any money belonging thereto is knowingly using, investing, lending or permitting another to use moneys in the fund in a manner not authorized by law.
(b) Misuse of the cemetery merchandise trust fund is a severity level 7, nonperson felony.
History:
L. 1982, ch. 96, § 4; L. 2011, ch. 78, § 8; January 1, 2012.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-325 Secretary of state to audit cemetery merchandise trusts.

16-325. Secretary of state to audit cemetery merchandise trusts.
(a) The secretary of state, or the secretary's representative, shall, while auditing each cemetery corporation, pursuant to K.S.A. 17-1312a, and amendments thereto, audit the cemetery merchandise trusts required by this act, and approve the trustee's determination of the distributable earnings period. For such purposes, the secretary of state or the secretary's representative, is authorized to administer oaths and to examine under oath the directors, officers, employees and agents of any cemetery corporation. Such examination may be reduced to writing by the person taking it and the examiner may make findings as to the condition of each trust fund examined. For the purposes of such audits, the secretary of state may also require the trustee to furnish and submit the books, records, papers and instruments of such cemetery corporation. The secretary of state shall be authorized to obtain trust accounting records from the trustee.
(b) The secretary of state shall promulgate rules and regulations for the purpose of oversight and audit of the cemetery merchandise trust fund.
History:
L. 1982, ch. 96, § 6; L. 1988, ch. 94, § 4; L. 2011, ch. 78, § 9; January 1, 2012.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-326 Redeposit of improperly paid moneys by trustee; attorney general initiate an accounting at request of secretary of state; plan to correct deficiencies.

16-326.
Redeposit of improperly paid moneys by trustee; attorney general initiate an accounting at request of secretary of state; plan to correct deficiencies.
(a) In the event the secretary of state determines that moneys have been improperly paid by the trustee to the cemetery corporation during the period covered by the audit, then the secretary may order the cemetery corporation to redeposit to the trust such moneys improperly withdrawn within 60 days.
(b) The attorney general, at the request of the secretary of state, may initiate an action for an accounting of the cemetery merchandise trust fund by the trustee.
(c) If it is determined that the cemetery merchandise trust fund is underfunded due to inadequate deposits or unauthorized distributions, the cemetery corporation may propose and implement a plan for correcting the fund's deficiencies, subject to the approval of the secretary of state.
(d) In addition to other provisions and authority granted under law, the secretary of state shall have the authority to equitably resolve the results of an audit.
History: L. 1982, ch. 96, § 7; L. 2010, ch. 82, § 2; April 15.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-327 Redeposit of moneys; action by attorney general.

16-327.
Redeposit of moneys; action by attorney general.
The attorney general, at the request of the secretary of state may initiate an action to recover payments required to be redeposited to the trust under K.S.A. 16-326, or to recover other moneys received or disbursed in violation of this act. In addition, the attorney general may seek to enjoin any violation of the act.
History: L. 1982, ch. 96, § 8; January 1, 1983.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-328 Funds in trust not subject to legal process.

16-328. Funds in trust not subject to legal process.
All funds held in a cemetery merchandise trust shall not be subject to attachment, garnishment or other legal process, nor be seized, taken, appropriated or applied to pay any debt or liability of the cemetery corporation, buyer or beneficiary, by any legal or equitable process or by operation of law.
History:
L. 1982, ch. 96, § 9; L. 2011, ch. 78, § 10; January 1, 2012.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-329 Notice of intent to sell preneed merchandise contracts filed with secretary of state.

16-329. Notice of intent to sell preneed merchandise contracts filed with secretary of state.
No cemetery corporation shall enter into any preneed merchandise contract until such corporation has filed with the secretary of state a notification of its intention to sell and engage in such preneed merchandise contracts. Such notice shall include the name of the cemetery corporation, its principal place of business and the name and address of the trustee or trustees to be utilized under the provisions of this act.
Accounting records and information required by this act shall be maintained in a form and manner approved by the secretary of state. A report of the merchandise trust fund shall be required as part of the corporation's quarterly report on a form provided or approved by the secretary of state.
History:
L. 1982, ch. 96, § 10; L. 2011, ch. 78, § 11; L. 2014, ch. 118, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-330 Refusal to submit to audit; attorney general.

16-330.
Refusal to submit to audit; attorney general.
Whenever any officer of any cemetery corporation refuses to submit the books, records, papers and instruments of such cemetery corporation to the examination and inspection of the secretary of state, or of any of the secretary's assistants or examiners, or in any manner obstruct or interfere with the examination or audit of its cemetery merchandise trust fund or any audit made pursuant to subsection (d) of K.S.A. 16-321, or refuse to be examined on oath concerning any of the affairs of its cemetery merchandise trust fund, the secretary of state may request the attorney general to institute proceedings for the appointment of a receiver for such cemetery corporation.
History: L. 1982, ch. 96, § 11; January 1, 1983.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-331 Refusal to establish trust fund; forfeiture of cemetery corporation.

16-331. Refusal to establish trust fund; forfeiture of cemetery corporation.
Any cemetery corporation which refuses or neglects to establish or maintain a cemetery merchandise trust fund, in accordance with the requirements of this act for a period of 60 days after written demand to do so is made upon it by the secretary of state, shall be deemed to have forfeited its cemetery corporation. The attorney general, upon the request of the secretary of state, shall then begin an action for the appointment of a receiver for such cemetery corporation and to dissolve the same.
History:
L. 1982, ch. 96, § 12; L. 2011, ch. 78, § 12; January 1, 2012.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-332 Preneed contract provisions.

16-332. Preneed contract provisions.
Any cemetery corporation entering into a preneed cemetery merchandise contract shall provide in such contract that:
(a) A purchaser, under a preneed cemetery merchandise contract covered in this act who permanently moves to another state in the United States, may direct that the merchandise, so long as the same is not a part of nor affixed to real estate, be delivered to a cemetery in the state of the purchaser's residence, except that the purchaser may be required to pay the additional transportation costs which exceed those the cemetery would have incurred to provide and deliver the merchandise to the seller cemetery; or
(b) a purchaser who has entered into a preneed cemetery merchandise contract covered by this act may, upon the purchaser permanently changing residence to a place more than 150 miles from the cemetery, cancel the contract upon written notice to the cemetery, which notice shall then be forwarded by the cemetery to the trustee of the cemetery merchandise trust fund. Upon receipt of such notice, the preneed cemetery merchandise contract shall be cancelled, and the trustee, after deducting that contract's share of applicable costs and taxes provided for in K.S.A. 16-322, and amendments thereto, shall pay to the purchaser not less than 85% of the funds held in trust for the contract pursuant to this act. The balance shall be paid to the cemetery corporation and the trustee shall be discharged from further obligation as to such contract.
History:
L. 1982, ch. 96, § 13; L. 2011, ch. 78, § 13; January 1, 2012.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-333 Certain sales not subject to K.S.A. 16-301 through 16-309, prearranged funeral regulations.

16-333. Certain sales not subject to K.S.A. 16-301 through 16-309, prearranged funeral regulations.
Sales of preneed cemetery merchandise contracts or preneed burial products or services subject to this act shall be exempt from the provisions of K.S.A. 16-301 through 16-309, inclusive, and amendments thereto.
History:
L. 1982, ch. 96, § 14; L. 2011, ch. 78, § 14; January 1, 2012.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-334 Trust agreement; copy filed with secretary of state; requirements.

16-334. Trust agreement; copy filed with secretary of state; requirements.
(a) Cemetery corporations subject to this act shall file, in the office of the secretary of state, a copy of the agreement or document which establishes the trust between the cemetery corporation and the trustee.
(b) The trust agreement shall acknowledge all contractual agreements and shall be subject to, governed by, and construed according to K.S.A. 16-320 et seq., and amendments thereto.
History:
L. 1994, ch. 229, § 1; L. 2011, ch. 78, § 15; January 1, 2012.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-335 Cemetery merchandise trust funds; information and records of examination confidential; disclosure of certain information allowed.

16-335. Cemetery merchandise trust funds; information and records of examination confidential; disclosure of certain information allowed.
(a) Except as provided by this section, all information that the secretary of state shall gather or record in making an investigation and examination of any cemetery corporation, or the reporting by the cemetery corporation or the trustee, shall be deemed to be confidential information and shall not be disclosed by the secretary of state or any assistant, examiner or employee thereof, except to:
(1) Officers and the members of the board of directors of the cemetery corporation being audited;
(2) the attorney general, when in the opinion of the secretary of state the same should be disclosed; and
(3) the appropriate official for the municipality in which the cemetery resides when in the opinion of the secretary of state the same should be disclosed.
(b) Upon request, the secretary of state may disclose to any person whether a cemetery corporation maintains a cemetery merchandise trust fund under K.S.A. 16-322, and amendments thereto, and whether such funds are maintained in compliance with the provisions of such laws.
(c) This section shall be a part of and supplemental to article 3 of chapter 16 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2011, ch. 78, § 1; L. 2016, ch. 82, § 4; L. 2021, ch. 82, § 5; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-336 Cemetery maintenance and merchandise fee fund; state treasury.

16-336. Cemetery maintenance and merchandise fee fund; state treasury.
(a) There is hereby created the cemetery maintenance and merchandise fee fund in the state treasury. The secretary of state shall remit all moneys received from fees and charges under this section, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the cemetery maintenance and merchandise fee fund.
(b) All expenditures from the cemetery maintenance and merchandise fee fund shall be in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of state or by a person or persons designated by the secretary.
History:
L. 2011, ch. 78, § 4; January 1, 2012.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-706 Definitions.

16-706.
Definitions.
As used in this act:
(a) (1) "Pawnbroker" means any person who loans money on deposit or pledge of personal property or other valuable thing, other than intangible personal property, or who deals in the purchase of personal property on the condition of selling the same back again at a stipulated price.
(2) "Pawnbroker" does not include any person operating under the supervision of the state banking commissioner, credit union administrator or the consumer credit commissioner of this state.
(b) "Person" means any individual, firm, company, partnership, corporation or association.
(c) "Precious metal" means gold, silver or platinum group metals or any used articles or other used personal property containing such metals, but shall not include coins purchased for their numismatic value rather than their metal content or ingots or other industrial residue or by-products composed of such metals purchased from manufacturing firms.
(d) "Precious metal dealer" means any person who engages in the business of purchasing precious metal for the purpose of reselling such metal in any form.
History:
L. 1972, ch. 51, § 1; L. 1981, ch. 91, § 1; L. 1981, ch. 92, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-707 Licensure; application; fee.

16-707.
Licensure; application; fee.
(a) No person shall engage or continue in business as a pawnbroker or precious metal dealer without first obtaining a license therefor. If the person's place of business is inside the corporate limits of any city of the first or second class, the person shall obtain such license from the clerk of such city. If the person's place of business is outside the corporate limits of any such city, the person shall obtain such license from the county clerk of the county in which the person's place of business is located.
(b) Application for a license shall be in writing and shall state the full name and place of residence of the applicant. If the applicant is a partnership, the application shall contain the name and place of residence of each member thereof or, if a corporation or association, of each officer, shareholder or member thereof. The application shall include the address of the places where the business is to be conducted, the hours and days of the week during which the applicant proposes to engage in the business of pawnbroking or dealing in precious metals at each such place, and such other information as may be necessary to determine the applicant's qualifications for a license in accordance with the provisions of this act. Each applicant also shall submit with the application:
(1) A statement that the applicant is the holder of a valid registration certificate issued by the director of revenue pursuant to K.S.A. 79-3608 for each place of business for which application for a license is made; and
(2) a detailed inventory and description of all goods, wares, merchandise, precious metals or other property held in pledge or for sale at the time of the application at each place of business stated therein, indicating whether the same was received in pledge, purchased as secondhand merchandise or precious metal purchased for resale.
(c) The license application shall be in a form approved by the attorney general. Each application shall be accompanied by a fee of $25 which shall be paid annually upon renewal of the license. All such fees received by the city clerk shall be deposited in the city general fund, and all such fees received by the county clerk shall be deposited in the county general fund.
History:
L. 1972, ch. 51, § 2; L. 1981, ch. 91, § 2; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-708 Same; qualifications.

16-708.
Same; qualifications.
No license or any renewal thereof shall be granted to: (a) Any person who is not a citizen of the United States;
(b) Any person who has not been an actual resident of the state of Kansas for at least two (2) years immediately preceding the date of his application;
(c) Any person who has been convicted of or has pleaded guilty to a felony under the laws of this state, or any other state, or of the United States, or shall have forfeited his bond to appear in court to answer charges for any such offense within the ten (10) years immediately prior to such person's application for a license;
(d) Any person who has had his license revoked for cause under the provisions of this act;
(e) Any person who is not at least twenty-one (21) years of age;
(f) Any person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
(g) Any person who does not own the premises for which a license is sought, unless he has a written lease therefor for at least three-fourths of the period for which the license is to be issued;
(h) Any person whose spouse would be ineligible to receive a license hereunder for any reason other than the age, citizenship and residence requirements;
(i) Any partnership, unless all of the partners shall be eligible to receive a license as an individual; and
(j) A corporation, if any officer, manager, director or stockholder would be ineligible to receive a license as an individual.
History:
L. 1972, ch. 51, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-709 Transfer of stock by stockholder of corporate licensee; effect.

16-709.
Transfer of stock by stockholder of corporate licensee; effect.
It shall be unlawful for any shareholder of a corporate licensee to transfer any stock in said corporation to any person who would be ineligible to receive a license as an individual, and any such transfer shall be null and void: Provided, That if any such stockholder of a corporate licensee shall become deceased, and his heirs or devisees to whom said stock descends by descent and distribution or by will shall be ineligible to receive a license hereunder, then the legal representatives of said deceased stockholder's estate, his heirs and devisees shall have fourteen (14) months from the date of the death of said stockholder within which to sell said stock to a person eligible to receive a license hereunder, with such sale to be made in accordance with the provisions of the probate code and any amendments thereto. If said legal representatives, heirs and devisees shall fail, refuse or neglect to so convey said stock within the time hereinbefore prescribed, then said stock shall revert to and become the property of the corporation, for which the corporation shall pay to said legal representatives, heirs or devisees the book value of such stock. If the stock in any corporation shall be the subject of any trust heretofore or hereafter created, the trustee or trustees and the beneficiaries of each trustee and beneficiary of said trust who is twenty-one (21) years of age or older must be a person who would be eligible to receive a license, or the trustee shall be and he is hereby authorized and required, within fourteen (14) months after the effective date of the trust, to sell said stock to a person eligible to receive a license under this act, and he shall hold and disburse the proceeds thereof in accordance with the terms of the trust, or the license of the corporation shall be forfeited.
During the fourteen-month periods hereinbefore mentioned, a corporation shall not be denied a license or have its license revoked if it meets all of the other requirements necessary to have a license as provided in this act.
History:
L. 1972, ch. 51, § 4; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-710 License; contents; display; license for each place of business.

16-710.
License; contents; display; license for each place of business.
The document or other instrument evidencing the license of a pawnbroker or precious metal dealer shall state the address at which the business is to be conducted and shall state fully the name of the licensee. If the licensee is a partnership, the license shall state the names of the members thereof and, if a corporation, the date and place of its incorporation and the names of all shareholders thereof. Such license shall be kept conspicuously posted in the place of business of the licensee and shall not be transferable or assignable. Not more than one place of business shall be maintained under the same license, but more than one license may be issued to the same licensee upon compliance with all the provisions of this act governing the issuance of an initial license.
History:
L. 1972, ch. 51, § 5; L. 1981, ch. 91, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-711 Change in location of place of business; notice; duplicate license; restrictions.

16-711.
Change in location of place of business; notice; duplicate license; restrictions.
Whenever a licensee shall change his place of business to another location within the same political subdivision by which he is licensed, he immediately shall give written notice thereof to the clerk of such subdivision who then shall issue a duplicate license which shall show, in addition to all of the information appearing on the old license, a record of the change of location and the date thereof, which new license shall be authority for the operation of such business under such license at such location. The licensee shall return the old license to the appropriate clerk as soon as the new license has been received and the change in location has taken place. No change in the place of business of a licensee to a location outside of the licensing subdivision shall be permitted under the same license.
History:
L. 1972, ch. 51, § 6; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-712 Examination of books, accounts, records.

16-712.
Examination of books, accounts, records.
Each licensee shall keep and use in the licensee's business such books, accounts and records as will enable the city or county issuing the licensee's license to determine whether such licensee is complying with the provisions of this act. Any such city or county may examine or cause to be examined the books, accounts, records and files used by any licensee or by any other person engaged in the business of pawnbroking or dealing in precious metals, irrespective of whether such person acts or claims to act as principal, agent or broker, or under or without authority of this act. The duly designated representatives of the city or county shall have and be given free access to all such books, accounts, papers, records, files, safes and vaults.
History:
L. 1972, ch. 51, § 7; L. 1973, ch. 87, § 1; L. 1981, ch. 91, § 4; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-713 Suspension or revocation of license; notice and hearing.

16-713.
Suspension or revocation of license; notice and hearing.
Any license issued under this act may be suspended or revoked, after due notice and public hearing, if the licensee:
(a) Has failed to pay the annual license fee;
(b) has violated any provision of this act; or
(c) has been convicted of or has pleaded guilty to a felony under the laws of this state, or any other state, or of the United States, or shall have forfeited his bond to appear in court to answer charges for any such offense, if such conviction or plea occurred subsequent to or within the ten (10) years immediately prior to the date of the licensee's application for the license.
Any license issued under this act shall be revoked, after due notice and hearing thereon, if it shall be proved at the hearing that the licensee sold any handgun to a minor.
Said hearing herein provided shall be held within thirty (30) days after notice thereof, and the alleged violation determined by written order of the city or county issuing the license within sixty (60) days after such hearing is concluded; but no revocation or suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any borrower.
History:
L. 1972, ch. 51, § 8; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-714 Loans secured by pledged goods; written contract required, contents; retention, disposition and redemption of pledged articles.

16-714.
Loans secured by pledged goods; written contract required, contents; retention, disposition and redemption of pledged articles.
Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, in ink, a copy of which shall be furnished to the borrower. The loan contract shall set forth the loan period, which shall be one (1) month, the date on which the loan is due and payable and the charges, and it shall clearly inform the borrower of his right to redeem the pledge during the redemption period of two (2) months after due date. Except as otherwise provided herein, the holder of any such contract shall be presumed to be the person entitled to redeem the pledge, and the pawnbroker shall deliver the pledge to the person presenting the contract, upon payment of the principal and charges.
Every pawnbroker shall retain in his possession, after the date on which the loan became due and payable, every article pledged to him for a redemption period of two (2) months. During such period, the borrower may redeem the pledged articles, upon payment of the principal and charges. It shall be unlawful for any pawnbroker to sell or transfer title or possession of any pledged property until the expiration of such period of redemption.
If any pledged article is not redeemed within such redemption period, the pawnbroker shall become vested with all right, title and interest of the pledgor, or his assigns, to such pledged article, to hold and dispose of as his own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge, the title to which is transferred in accordance with this section.
History:
L. 1972, ch. 51, § 9; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-715 Report of property pledged or purchased; required holding period for precious metal purchased; report not open to public inspection.

16-715.
Report of property pledged or purchased; required holding period for precious metal purchased; report not open to public inspection.
(a) On or before Tuesday of each week, or at more frequent intervals if required by city ordinance or county resolution, every pawnbroker or precious metal dealer shall report the description of all property received in pledge or purchased as a pawnbroker or precious metal dealer during the preceding calendar week, in whatever quantity received. Such report shall include all property purchased as secondhand merchandise at wholesale, secondhand merchandise taken in for sale or possessed on consignment for sale and secondhand merchandise taken in trade. No such report need be made concerning property or merchandise acquired from another pawnbroker or precious metal dealer licensed in this state in a transaction involving the purchase or other acquisition from the other pawnbroker or precious metal dealer of the other pawnbroker's or dealer's stock in trade, or a substantial part thereof in bulk, where the other pawnbroker has made the reports required by this section with respect to such property or merchandise.
(b) If a transaction required to be reported under this section takes place within the territorial limits of a city of the first or second class, the report shall be submitted to the chief of police of the city. If the transaction takes place outside the territorial limits of any such city, the report shall be submitted to the sheriff of the county in which the transaction takes place.
(c) All reports made pursuant to this section shall comply with and be submitted in accordance with the terms of any applicable city ordinances or county resolutions requiring such reporting.
(d) Every precious metal dealer shall retain in the dealer's possession for a period of 10 days all precious metal purchased as a precious metal dealer, and such metal shall remain in the condition in which it was purchased. The ten-day period shall commence on the date that the appropriate police chief or sheriff receives the report of its acquisition in compliance with this section. If the police chief or sheriff has probable cause to believe that any precious metal reported by a dealer has been stolen, the police chief or sheriff may give written notice to the dealer to retain such metal for an additional period of 15 days. Upon such notice, the dealer shall retain such metal in an unaltered condition for the additional fifteen-day period unless the police chief or sheriff notifies the dealer in writing that the waiting period is terminated at an earlier time.
(e) Reports made pursuant to this section shall be available for inspection only by law enforcement officers and county and district attorneys and their employees, for law enforcement purposes.
History:
L. 1972, ch. 51, § 10; L. 1981, ch. 91, § 5; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-716 Record of transactions.

16-716.
Record of transactions.
(a) At the time of making a loan, a pawnbroker shall enter in a book kept for that purpose:
(1) The date, duration, amount and charges of every loan made by the pawnbroker;
(2) a full and accurate description of the property pledged; and
(3) the name, age, residence and driver's license or other personal identification number of the pledgor.
(b) At the time of purchasing precious metal, a precious metal dealer shall enter in a book kept for that purpose:
(1) The date of the purchase;
(2) a full and accurate description of each item purchased, including any identifying letters, numbers or marks on the item; and
(3) the name, age, residence and driver's license or other personal identification number of the seller.
(c) The record required by this section shall be maintained by the pawnbroker or precious metal dealer at the pawnbroker's or dealer's place of business for not less than one year following the date of the transaction.
History:
L. 1972, ch. 51, § 11; L. 1981, ch. 91, § 6; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-717 Minors; prohibited transactions.

16-717.
Minors; prohibited transactions.
(a) No pawnbroker shall receive in pledge, or as security for any loan, transfer, service, undertaking or advantage, anything of value from any person under the age of 18 years.
(b) No precious metal dealer shall purchase any precious metal from any person under the age of 18 years.
History:
L. 1972, ch. 51, § 12; L. 1981, ch. 91, § 7; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-718 Periodic inspections to determine compliance with act.

16-718.
Periodic inspections to determine compliance with act.
Law enforcement officers of a city or county shall have access during regular business hours to the place of business of any pawnbroker or precious metal dealer conducting business in the city or county. Access shall be for the purpose of periodically inspecting property pledged or purchased in the transaction of the business of the pawnbroker or precious metal dealer, and records relating to those transactions, to determine if the pawnbroker or dealer is complying with the provisions of this act.
History:
L. 1972, ch. 51, § 13; L. 1981, ch. 91, § 8; L. 1982, ch. 92, § 1; April 8.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-719 Loans; interest and charges; amount; term.

16-719.
Loans; interest and charges; amount; term.
(a) No pawnbroker shall contract for, charge or receive directly or indirectly on or in connection with any pawnbroker transaction any charges, whether for interest, storage, insurance, service fee, handling, compensation, consideration or expense which in the aggregate are greater than the charges provided and authorized by this act. Any other provisions of law relating to interest, storage and such charges shall not be applicable to any pawnbroker transaction made in accordance with this act.
(b) Whenever any loan is made by a pawnbroker for which goods are received in pledge:
(1) A charge may be added in an amount not to exceed 10% per month or 120% per annum of the amount advanced to the borrower; and
(2) the amount of the loan shall not exceed $5,000.
(c) The term of any loan made under the provisions of this act shall be one month. Loans may be extended or renewed by the payment of the charges herein provided monthly. The charges authorized herein shall be deemed to be earned at the time the loan is made and shall not be subject to refund. On loans under this act, no insurance charges or any other charges of any nature whatsoever shall be permitted.
History:
L. 1972, ch. 51, § 14; L. 1991, ch. 69, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-720 Transactions in precious metals, requirements; refusal to redeliver stolen property to owner, effect.

16-720.
Transactions in precious metals, requirements; refusal to redeliver stolen property to owner, effect.
(a) A precious metal dealer shall require of every person from whom the dealer purchases precious metal for resale:
(1) Proof of identification; and
(2) a signed statement saying that the seller is the legal owner of the precious metal or is an agent of the legal owner who is authorized to sell such metal and stating when, where and in what manner such metal was acquired by the seller.
(b) When converted or stolen property has been pawned or sold to a precious metal dealer and the pawnbroker or dealer refuses to redeliver such property to the rightful owner upon demand and presentation of a bill of sale or other proper evidence of ownership by the owner, and legal action by the rightful owner to recover the property becomes necessary, the court may assess the pawnbroker or dealer for reasonable attorneys' fees incurred by the rightful owner if the court finds that the pawnbroker or dealer wrongfully withheld the converted or stolen property.
History:
L. 1972, ch. 51, § 15; L. 1981, ch. 91, § 9; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers › 16-722 Prosecution of violations.

16-722.
Prosecution of violations.
Whenever he has reason to believe a violation of this act has occurred, the county attorney or any of his deputies shall prosecute every case to final judgment in the county wherein the alleged offense was committed.
History:
L. 1972, ch. 51, § 17; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 8 - Truth In Lending › 16-841 Issuance of credit card without request prohibited; exception.

16-841.
Issuance of credit card without request prohibited; exception.
No credit card shall be issued, except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card.
History:
L. 1972, ch. 209, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 8 - Truth In Lending › 16-842 Liability of credit cardholder for unauthorized use, when; actions for enforcement of liability.

16-842.
Liability of credit cardholder for unauthorized use, when; actions for enforcement of liability.
(a) A cardholder shall be liable for the unauthorized use of a credit card only if the card is an accepted credit card, the liability is not in excess of $50, the card issuer gives adequate notice to the cardholder of the potential liability and the unauthorized use occurs before the cardholder has notified the card issuer that an unauthorized use of the credit card has occurred or may occur as the result of loss, theft or otherwise. The card issuer shall provide a telephone number to be called by the cardholder in the event of loss or theft of the credit card. Notwithstanding the foregoing, no cardholder shall be liable for the unauthorized use of any credit card which was issued on or after the effective date of this section, and, after the expiration of 12 months following such effective date, no cardholder shall be liable for the unauthorized use of any credit card regardless of the date of its issuance, unless: (1) The conditions of liability specified in the preceding sentence are met; and (2) the card issuer has provided a method whereby the user of such card can be identified as the person authorized to use it. For the purposes of this section, a cardholder notifies a card issuer by taking such steps as may be reasonably required in the ordinary course of business to provide the card issuer with the pertinent information whether or not any particular officer, employee or agent of the card issuer does in fact receive such information.
(b) In any action by a card issuer to enforce liability for the use of a credit card, the burden of proof is upon the card issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the card issuer to show that the conditions of liability for the unauthorized use of a credit card, as set forth in subsection (a), have been met.
(c) Nothing in this section imposes liability upon a cardholder for the unauthorized use of a credit card in excess of the cardholder's liability for such use under other applicable law or under any agreement with the card issuer.
(d) Except as provided in this section, a cardholder incurs no liability from the unauthorized use of a credit card.
History:
L. 1972, ch. 209, § 2; L. 1983, ch. 78, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 8 - Truth In Lending › 16-843 Penalties for fraudulent transactions over $5,000.

16-843.
Penalties for fraudulent transactions over $5,000.
Whoever, in a transaction affecting intrastate commerce, uses any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain goods or services, or both, having a retail value aggregating $5,000 or more, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
History:
L. 1972, ch. 209, § 3; July 1.