reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1716c Same; procedure for transfer of property.

17-1716c.
Same; procedure for transfer of property.
An application for an order and disposition of property pursuant to K.S.A. 17-1716b, and amendments thereto, may be made by any member or officer of the Kansas-Oklahoma Conference of the United Church of Christ when duly authorized by the board of trustees, or managers, of the Kansas-Oklahoma Conference of the United Church of Christ, upon a verified petition setting forth the facts authorizing such order and disposition of property.
Upon the presentation of such petition to the proper district court, such court shall proceed in a summary manner as in other civil cases to inquire into the merits of such application. If upon examination by the court it appears to the court that the making of the order and disposition of the property applied for are necessary or proper for any cause mentioned in K.S.A. 17-1716b, and amendments thereto, the court shall make a final order declaring such church or society extinct, dissolving the same and transferring the title and possession of any property which may belong to such church or society, or which may be held in trust for such church or society; and vesting a perfect title to the property in the Kansas-Oklahoma Conference of the United Church of Christ. It being the intent and purpose of this act to preserve to the denomination of the Kansas-Oklahoma Conference of the United Church of Christ all property owned by, or held in trust for any extinct church or society of any denomination formerly called the Congregational Church, the Congregational and Christian Church, the Kansas Congregational and Christian Conference, the Central-South Conference of the Congregational-Christian Churches or the Kansas City Synod of the Evangelical and Reformed Church.
History:
L. 1933, ch. 157, § 3; L. 1981, ch. 100, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1716d Title to abandoned property of United Brethren in Christ.

17-1716d.
Title to abandoned property of United Brethren in Christ.
That the title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the church of the United Brethren in Christ, or held for or by any religious society of any such religious organization, which property shall hereafter be determined by the Kansas annual conference of such church to be abandoned property, shall vest in and become the property of the trustees of said Kansas annual conference of said church: Provided, That this act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon.
History:
L. 1939, ch. 159, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1716e Same; procedure for transfer of property.

17-1716e.
Same; procedure for transfer of property.
That whenever any local congregation of any such church or any local society of any such church either incorporated or unincorporated, shall abandon any of its property, real, personal, or mixed and the said Kansas annual conference of such church shall declare any such property to be abandoned property, then all such property so determined to be abandoned shall ipso facto become the property of the trustees of said Kansas annual conference and shall be subject to lease, rent or sale, or other disposition as such Kansas annual conference may direct, or in such manner as may be provided by the discipline of the church of the United Brethren in Christ as from time to time established, made and determined by the lawful authority of said church with full right of alienation or encumbrance, as provided by such discipline, and the proceeds arising from such lease, sale or encumbrance, shall be disposed of as provided by such discipline.
History:
L. 1939, ch. 159, § 2; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1716f Title to property of Church of Christ (not using instrumental music).

17-1716f.
Title to property of Church of Christ (not using instrumental music).
The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the Church of Christ (not using instrumental music), that has or shall become extinct shall vest in and become the property of the nearest active Church of Christ (not using instrumental music) (geographically) located within the state of Kansas at the time: Provided, That this act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon.
History:
L. 1970, ch. 86, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1716g Same; which churches deemed extinct; court order.

17-1716g.
Same; which churches deemed extinct; court order.
Any Church of Christ (not using instrumental music) in this state which has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for a period of two (2) consecutive years immediately prior thereto, or whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church to maintain religious worship or services, or to maintain its organization, or to protect its property from exposure, waste and dilapidation, or to fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by order of the district court of the county in which such church has been theretofore situated be so declared extinct and dissolved; and thereupon all the property of every kind of such church or property which may be held in trust for such church shall be transferred to, and the title and possession thereof by order of the court be vested in the nearest active Church of Christ (not using instrumental music) (geographically) located within the state of Kansas.
History:
L. 1970, ch. 86, § 5; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1716h Same; procedure for transfer.

17-1716h.
Same; procedure for transfer.
An application for such an order and disposition of property may be made by any member or officer of the nearest active Church of Christ (not using instrumental music) (geographically) located in Kansas, or by any member of the abandoned or extinct church upon a verified petition setting forth the facts authorizing such order and disposition of property.
Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1716g, such court shall make a final order, declaring such church extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church, or held in trust for such church, and vesting the same in the active Church of Christ (not using instrumental music) located nearest geographically to the abandoned or extinct church; it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church for religious uses.
History:
L. 1970, ch. 86, § 6; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1722 Corporations for the promotion of labor and industry; fees; tax exempt.

17-1722.
Corporations for the promotion of labor and industry; fees; tax exempt.
That five or more persons may form a corporation for the purpose of promoting the interest and welfare of labor and industry, which corporation shall not engage in business for profit; and no such corporation shall be required to pay any corporation taxes or any fees except filing and recording fees; the affairs of such corporation shall be managed by a board of directors composed of not less than five members.
History: L. 1920, ch. 24, § 1; February 6; R.S. 1923, 17-1722.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1723 Same; laws applicable.

17-1723.
Same; laws applicable.
That such corporations shall in all other respects be organized in the same manner as other corporations, not formed for profit as now provided by law and when organized shall have all the powers now given by law to such corporations.
History: L. 1920, ch. 24, § 2; February 6; R.S. 1923, 17-1723.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1726 Organization of nonprofit corporation to receive, manage and dispose of property for certain churches, church organizations or religious societies; membership; bylaws; authority.

17-1726.
Organization of nonprofit corporation to receive, manage and dispose of property for certain churches, church organizations or religious societies; membership; bylaws; authority.
The governing body or ecclesiastical head of any unincorporated church, church organization, or religious society having, under the laws, canons, rules, regulations, or usages of such church, organization, or society, the authority to conduct and manage its property and temporal affairs, may organize or cause to be organized one or more corporations not for profit under the provisions of the general corporation code of Kansas to receive, hold, manage, encumber, and dispose of real and personal property used by or held for the benefit of such church, church organization, or religious society. The members of any such corporation shall be determined in the manner set forth in its articles of incorporation, which articles may also set forth how such corporation shall be governed or that its government shall be in such manner as shall be set forth in its bylaws. No such corporation shall have authority to conduct religious services or to make or enforce laws, canons, rules or regulations relating to ecclesiastical or doctrinal matters, or to perform any of the functions or exercise any of the powers which are proper only to religious corporations.
History:
L. 1961, ch. 126, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1732 Title to abandoned property of German Baptist Brethren church.

17-1732.
Title to abandoned property of German Baptist Brethren church.
The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the German Baptist Brethren church, or the German Baptist church, that has or shall become extinct shall vest in and become the property of the Church of the Brethren, District of Kansas, and its successors and assigns: Provided, That this act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon.
History: L. 1968, ch. 345, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1733 Same; transfer when church extinct; determination.

17-1733.
Same; transfer when church extinct; determination.
Any German Baptist Brethren church or the German Baptist church in this state which (a) has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for a period of two (2) consecutive years immediately prior thereto, (b) or whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or society to maintain religious worship or services, or to maintain its organization, (c) or to protect its property from exposure, waste and dilapidation, (d) or to fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated to be so declared extinct and dissolved, and thereupon all the property of every kind of such church or society or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the said Church of the Brethren, District of Kansas.
History:
L. 1968, ch. 345, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1734 Same; procedure for transfer of property.

17-1734.
Same; procedure for transfer of property.
An application for such an order and disposition of property may be made by any member or officer of the Church of the Brethren, District of Kansas, or by proper officials of said church upon a verified petition setting forth the facts authorizing such order and disposition of property.
Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1733, such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the Church of the Brethren, District of Kansas; it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or society for religious uses.
History:
L. 1968, ch. 345, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1735 Title to abandoned property of Church of the Nazarene.

17-1735.
Title to abandoned property of Church of the Nazarene.
The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for any religious organization situated within the jurisdiction of the District Advisory Board of the Church of the Nazarene, Kansas District, and known as the Church of the Nazarene that has or shall become extinct shall vest in and become the property of the District Advisory Board of the Church of the Nazarene, Kansas District, and its successors and assigns: Provided, That this act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon.
History:
L. 1971, ch. 74, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1736 Same; transfer when church extinct; determination.

17-1736.
Same; transfer when church extinct; determination.
Any Church of the Nazarene situated within the jurisdiction of the District Advisory Board of the Church of the Nazarene, Kansas District, in this state which, (a) has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for a period of two (2) consecutive years immediately prior thereto, (b) or whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or society to maintain religious worship or services, or to maintain its organization, (c) or to protect its property from exposure, waste and dilapidation, (d) or to fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated be declared extinct and dissolved, and thereupon all the property of every kind of such church or society or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the District Advisory Board of the Church of the Nazarene, Kansas District.
History:
L. 1971, ch. 74, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1737 Same; procedure for transfer of property.

17-1737.
Same; procedure for transfer of property.
An application for such an order and disposition of property may be made by any member or officer of the District Advisory Board of the Church of the Nazarene, Kansas District, or by proper officials of said church upon a verified petition setting forth the facts authorizing such order and disposition of property.
Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned, such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the District Advisory Board of the Church of the Nazarene, Kansas District; it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or society for religious uses.
History: L. 1971, ch. 74, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1737a Titles to abandoned property of the Swedish evangelical mission association.

17-1737a.
Titles to abandoned property of the Swedish evangelical mission association.
The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the Swedish evangelical mission association, that has or shall become extinct shall vest in and become the property of the midwest regional conference of the evangelical covenant church of America, a corporation, and its successors and assigns. This act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon.
History:
L. 1976, ch. 292, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1737b Same; transfer when association extinct, determination.

17-1737b.
Same; transfer when association extinct, determination.
Any Swedish evangelical mission association in this state which (a) has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for a period of two (2) consecutive years immediately prior thereto, (b) or whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or society to maintain religious worship or services, or to maintain its organization, (c) or to protect its property from exposure, waste and dilapidation, (d) or to fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated to be so declared extinct and dissolved, and thereupon all the property of every kind of such church or society or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the said midwest regional conference of the evangelical covenant church of America, a corporation.
History:
L. 1976, ch. 292, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1737c Same; procedure for transfer of property.

17-1737c.
Same; procedure for transfer of property.
An application for such an order and disposition of property may be made by any member or officer of the midwest regional conference of the evangelical covenant church of America, a corporation, or by proper officials of said church upon a verified petition setting forth the facts authorizing such order and disposition of property.
Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1737b, such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the midwest regional conference of the evangelical covenant church of America, a corporation, it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or society for religious uses.
History:
L. 1976, ch. 292, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1738 Merger or consolidation of charitable corporations or associations; effect on gift, devise or bequest to any of original corporations or associations.

17-1738.
Merger or consolidation of charitable corporations or associations; effect on gift, devise or bequest to any of original corporations or associations.
Whenever one or more charitable corporations or associations shall merge into another such corporation or association or whenever two or more charitable corporations or associations shall combine or consolidate operations under a new corporation or association formed to assume the combined or unified operation and management of said original corporations or associations, such change of identity and/or mode of operation shall not cause a lapse of any gift, devise or bequest made or given to said original corporation or association so merged or consolidated, and said original corporation or association shall be considered to continue in existence, whether or not it is still formally in existence and active, for the purpose of enabling said prior corporation or association to receive or take any gift, legacy or devise made for its benefit and intended for its use and purpose the same as though merger, consolidation or other change had not been effected. Immediately upon the receipt of any such gift, legacy or devise the proceeds thereof and the title to such property shall vest in the corporation or association which shall have assumed operating control or into which the original corporation or corporations or association or associations shall have been merged or consolidated.
History:
L. 1972, ch. 56, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1753 Title to property of Free Methodist Church of North America.

17-1753.
Title to property of Free Methodist Church of North America.
The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the Free Methodist Church of North America that has or shall become extinct shall vest in and become the property of the Great Plains Annual Conference of the Free Methodist Church of North America, a corporation, and its successors and assigns. This act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon.
History:
L. 1984, ch. 84, § 1; April 5.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1754 Same; transfer when church extinct; determination.

17-1754.
Same; transfer when church extinct; determination.
Any Free Methodist Church of North America in this state: (a) Which has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of the churches in this state for a period of two consecutive years immediately prior thereto; or
(b) whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or society to: (1) Maintain religious worship or services, or to maintain its organization;
(2) protect its property from exposure, waste and dilapidation; or
(3) fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated to be so declared extinct and dissolved, and thereupon all the property of every kind of such church or society or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the Great Plains Annual Conference of the Free Methodist Church of North America, a corporation.
History:
L. 1984, ch. 84, § 2; April 5.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1755 Same; procedure for transfer of property.

17-1755.
Same; procedure for transfer of property.
An application for such an order and disposition of property may be made by any member or officer of the Great Plains Annual Conference of the Free Methodist Church of North America, a corporation, or by proper officials of the church upon a verified petition setting forth the facts authorizing such order and disposition of property.
Upon the presentation of such petition to the district court the court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1754, such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the Great Plains Annual Conference of the Free Methodist Church of North America, a corporation, it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or society for religious uses.
History:
L. 1984, ch. 84, § 3; April 5.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1756 Title to property of Assembly of God Church.

17-1756.
Title to property of Assembly of God Church.
The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any Assembly of God Church or Assembly of God religious organization that has or shall become extinct shall vest in and become the property of the Kansas District Council Assemblies of God, Inc., a corporation, and its successors and assigns. This act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon.
History:
L. 1985, ch. 85, § 1; April 11.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1757 Same; transfer when church extinct; determination.

17-1757.
Same; transfer when church extinct; determination.
Any Assembly of God Church or religious organization in this state: (a) Which has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of the churches in this state for a period of two consecutive years immediately prior thereto; or
(b) whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or organization to:
(1) Maintain religious worship or services, or to maintain its organization;
(2) protect its property from exposure, waste and dilapidation; or
(3) fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or organization has been theretofore situated to be so declared extinct and dissolved, and thereupon all the property of every kind of such church or organization or property which may be held in trust for such church or organization shall be transferred to, and the title and possession thereof vested absolutely in the Kansas District Council Assemblies of God, Inc., a corporation.
History:
L. 1985, ch. 85, § 2; April 11.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1758 Same; procedure for transfer of property.

17-1758.
Same; procedure for transfer of property.
An application for such an order and disposition of property may be made by any member or officer of the Kansas District Council Assemblies of God, Inc., a corporation, or by proper officials of the church upon a verified petition setting forth the facts authorizing such order and disposition of property.
Upon the presentation of such petition to the district court, the court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1757, such court shall make a final order, declaring such church or organization extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or organization, or held in trust for such church or organization, and vesting the same in the Kansas District Council Assemblies of God, Inc., a corporation, it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or organization for religious uses.
History:
L. 1985, ch. 85, § 3; April 11.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1759 Solicitations by charitable organizations; title of act.

17-1759. Solicitations by charitable organizations; title of act.
K.S.A. 17-1759 through 17-1776, and amendments thereto and K.S.A. 17-1778, and amendments thereto, shall be known and may be cited as the charitable organizations and solicitations act.
History:
L. 1988, ch. 96, § 1; L. 2021, ch. 110, § 11; May 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1760 Definitions.

17-1760.
Definitions.
As used in this act:
(a) "Charitable organization" means any person who engages in the activity of soliciting funds or donations for, or purported to be for, any fraternal, benevolent, social, educational, alumni, historical, humane, public health or other charitable purpose. Charitable organization does not include political parties, political candidates or committees formed in support of political candidates or political parties;
(b) "charitable purpose" means any purpose which promotes, or purports to promote, directly or indirectly, the well-being of the public at large or any number of persons, or any humane purpose, whether such well-being is in general or limited to certain activities, endeavors or projects;
(c) "person" means any individual, group, association, partnership, corporation, trust or any combination thereof;
(d) "professional fund raiser" means any person, who is retained under contract or otherwise compensated by or on behalf of a charitable organization primarily for the purpose of soliciting funds. Professional fund raiser includes a person who plans, manages, advises, consults or prepares material for solicitations. Professional fund raiser shall not include any bona fide employee of a charitable organization who receives regular compensation and is not primarily employed for the purpose of soliciting funds, or an attorney, investment counselor, or banker who in the conduct of such profession advises a client to make a contribution;
(e) "professional solicitor" means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes from persons in this state; and
(f) "solicitation" means any request or appeal, either oral or written, or any endeavor to obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promise or grant of any money or property of any kind or value for a charitable purpose, but excluding:
(1) Direct grants or allocation of funds received or solicited from any affiliated fund-raising organization by a member agency; and
(2) unsolicited contributions received from any individual donor, foundation, trust, governmental agency or other source, unless such contributions are received in conjunction with a solicitation drive.
History:
L. 1988, ch. 96, § 2; L. 1990, ch. 84, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1761 Registration of charitable organizations.

17-1761.
Registration of charitable organizations.
Except for charitable organizations which are exempted under K.S.A. 17-1762, no charitable organization shall solicit funds in this state, nor employ a professional fund raiser or professional solicitor to solicit funds in this state, for any charitable purpose unless such charitable organization, and each professional fund raiser or professional solicitor employed by such charitable organization have filed all registrations and reports required by K.S.A. 17-1763, 17-1764 and 17-1765.
History: L. 1988, ch. 96, § 3; January 1, 1989.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1764 Registration of professional fund raiser; application; duration of registration; fee; annual report.

17-1764. Registration of professional fund raiser; application; duration of registration; fee; annual report.
(a) No person shall act as a professional fund raiser for a charitable organization or for any religious organization as described in K.S.A. 17-1762(k), and amendments thereto, before such person has registered with the attorney general or after the expiration or cancellation of such registration or any renewal of such registration.
(b) An application for registration or renewal shall be in writing and under oath in the form prescribed by the attorney general. Registration shall be in effect for a period of one year, or a part thereof, expiring on June 30, and may be renewed for additional one-year periods.
(c) Every professional fund raiser required to register with the attorney general shall:
(1) Pay a fee of $25 with each registration or renewal; and
(2) file an annual written report with the attorney general containing such information as the attorney general may require by rules and regulations adopted pursuant to K.S.A. 17-1763, and amendments thereto.
History:
L. 1988, ch. 96, § 6; L. 1989, ch. 76, § 2; L. 1990, ch. 84, § 2; L. 2001, ch. 105, § 4; L. 2021, ch. 110, § 14; May 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1765 Professional solicitors; registration; application; duration; fee.

17-1765. Professional solicitors; registration; application; duration; fee.
(a) No person shall act as a professional solicitor in the employ of a professional fund raiser before such person has registered with the attorney general or after the expiration or cancellation of such registration or any renewal of such registration.
(b) An application for registration or renewal shall be in writing and under oath in the form prescribed by the attorney general. Registration shall be in effect for a period of one year, or a part thereof, expiring on June 30, and may be renewed for additional one-year periods.
(c) Upon receipt of a proper registration or renewal and payment of applicable fees, the attorney general shall issue a professional solicitor's license and identification number.
(d) Every professional solicitor required to register with the attorney general shall pay a fee of $25 with each registration or renewal.
History:
L. 1988, ch. 96, § 7; L. 1989, ch. 76, § 3; L. 2021, ch. 110, § 15; May 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1766 Disclosures required.

17-1766. Disclosures required.
All solicitations by professional solicitors shall contain the following disclosures at the point of solicitation:
(a) The name, address and telephone number of the charitable organization;
(b) the registration number, obtained pursuant to K.S.A. 17-1763, and amendments thereto, for the charitable organization;
(c) if the solicitation is made by a person acting as a professional solicitor, the registration number obtained pursuant to K.S.A. 17-1765, and amendments thereto; and
(d) that an annual financial report required by K.S.A. 17-1763, and amendments thereto, for the preceding fiscal year is on file with the attorney general.
History:
L. 1988, ch. 96, § 8; L. 2021, ch. 110, § 16; May 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1768 Remedies.

17-1768.
Remedies.
(a) The attorney general, county or district attorney may bring an action to:
(1) Obtain a declaratory judgment that an act or practice violates this act;
(2) enjoin, or to obtain a restraining order against a charitable organization, professional fund raiser or professional solicitor who has violated, is violating, or is otherwise likely to violate this act;
(3) recover actual damages on behalf of the state and other persons by reason of violations of this act; and
(4) recover reasonable expenses and investigation fees.
(b) In lieu of instigating or continuing an action or proceeding, the attorney general, county or district attorney may accept a consent judgment with respect to any act or practice declared to be a violation of this act. Before any consent judgment entered into pursuant to this act shall be effective, such judgment must be approved by the district court and an entry made thereof in the manner required for making an entry of judgment. Once such approval is received, any breach of the conditions of the consent judgment shall be treated as a violation of a court order, and shall be subject to all the penalties provided by law therefor.
(c) In any action brought by the attorney general, county or district attorney, the court, without requiring bond of the attorney general, county or district attorney, may:
(1) Make such orders or judgments as may be necessary to prevent the use or employment by a person of any practices declared to be a violation of this act;
(2) make such orders or judgments as may be necessary to compensate the state or any persons for damages sustained; or
(3) grant other appropriate relief.
(d) Upon a showing by the attorney general, county or district attorney in an application for an injunction that any person engaged in the solicitation for charitable purposes has been convicted in this state or elsewhere of a felony or of a misdemeanor where such felony or misdemeanor involved the misappropriation, misapplication or misuse of money or property of another, the attorney general, county or district attorney may enjoin such persons from engaging in any solicitation for charitable purposes.
History:
L. 1988, ch. 96, § 10; L. 1990, ch. 84, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1770 Service of process; agent, secretary of state; fee.

17-1770.
Service of process; agent, secretary of state; fee.
(a) Any charitable organization, professional fund raiser or professional solicitor having a principal place of business other than within this state, or organized under and by the laws of a foreign state, which is subject to the provisions of this act, shall be deemed to have irrevocably appointed the secretary of state as the agent for service of process. Service may be made by delivering to and leaving with the secretary of state, or with any deputy or clerk in the corporation division of such office, three copies of such service and a fee of $30.
(b) Following service upon the secretary of state, the provisions of law relating to service of process on foreign corporations shall thereafter govern.
History: L. 1988, ch. 96, § 12; January 1, 1989.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1771 Registration not endorsement by state; unlawful to advertise compliance with this act; penalty.

17-1771. Registration not endorsement by state; unlawful to advertise compliance with this act; penalty.
Registration under the charitable organizations and solicitations act shall not be deemed to constitute an endorsement by the state of Kansas of any registering charitable organization, professional fund raiser or professional solicitor. It shall be unlawful for any charitable organization, professional fund raiser or professional solicitor to represent, directly or indirectly, by advertising or any other manner, that such charitable organization, professional fund raiser or professional solicitor has registered or otherwise complied with the provisions of the charitable organizations and solicitations act, for the purpose of solicitation and collection of funds for charitable purposes. The attorney general shall cancel the registration of any organization, professional fund raiser or professional solicitor that violates the provisions of this section.
History:
L. 1988, ch. 96, § 13; L. 2021, ch. 110, § 18; May 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1772 Reciprocal agreements.

17-1772. Reciprocal agreements.
(a) The attorney general may enter into reciprocal agreements relating to the charitable organizations and solicitations act with a like authority of any other state or states for the purpose of exchanging information made available to the attorney general or to such other like authority.
(b) All reciprocal agreements entered into by the secretary of state relating to the charitable organizations and solicitations act that are in effect on June 30, 2021, shall be deemed to be reciprocal agreements entered into by the attorney general and shall continue to be effective until amended, revoked or nullified pursuant to law.
History:
L. 1988, ch. 96, § 14; L. 2021, ch. 110, § 19; May 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1773 Violations of act; civil penalty; disposition of penalties recovered.

17-1773.
Violations of act; civil penalty; disposition of penalties recovered.
(a) The commission of any act or practice declared to be a violation of this act shall render the violator liable to the aggrieved contributor, or the state or a county as provided in subsection (c), for the payment of a civil penalty, in a sum set by the court of not more than $10,000 for each violation. An aggrieved contributor is not a required party in actions brought by the attorney general or a county or district attorney pursuant to this act.
(b) Any person who willfully violates the terms of any injunction or court order issued pursuant to this act shall forfeit and pay a civil penalty of not more than $20,000 per violation, in addition to other penalties that may be imposed by the court, as the court shall deem necessary and proper. For the purposes of this act, the district court issuing an injunction shall retain jurisdiction, and in such cases, the attorney general, acting in the name of the state or the appropriate county attorney or district attorney may petition for recovery of civil penalties.
(c) In administering and pursuing actions under this act, the attorney general and the county attorney or district attorney are authorized to sue for and collect reasonable expenses and investigation fees as determined by the court. Civil penalties or contempt penalties sued for and recovered by the attorney general shall be paid into the general fund of the state. Civil penalties and contempt penalties sued for and recovered by the county attorney or district attorney shall be paid into the general fund of the county where the proceedings were instigated.
History:
L. 1988, ch. 96, § 15; L. 2001, ch. 105, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1774 Severability.

17-1774.
Severability.
If any provision of this act, or the application of such provision to any person, body or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1988, ch. 96, § 16; January 1, 1989.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1775 Venue of actions pursuant to act.

17-1775.
Venue of actions pursuant to act.
(a) Every action pursuant to this act shall be brought in the district court of any county in which there occurred an act or practice declared to be a violation of this act, or in which the defendant resides or has such defendant's principal place of business. If the defendant is a nonresident and has no principal place of business within this state, then the nonresident defendant can be sued either in the district court of Shawnee county or in the district court of any county in which there occurred an act or practice declared to be a violation of this act.
(b) This section shall be part of and supplemental to the charitable organizations and solicitations act.
History:
L. 1990, ch. 84, § 6; July 1.