reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-105 (UCCC) Administrative powers with respect to supervised financial organizations.

16a-6-105.
(UCCC) Administrative powers with respect to supervised financial organizations.
(1) With respect to supervised financial organizations, the powers of examination and investigation (K.S.A. 16a-2-305 and K.S.A. 16a-6-106, and amendments thereto) and administrative enforcement (K.S.A. 16a-6-108, and amendments thereto) shall be exercised by the official or agency to whose supervision the organization is subject. Should a supervised financial organization become licensed hereunder, a report of that portion of each examination made by the supervisory official or agency of such organization relating to compliance with the provisions of chapter 16a of the Kansas Statutes Annotated shall be filed with the administrator. All other powers of the administrator under this act may be exercised by the administrator with respect to a supervised financial organization except that compliance with truth in lending shall be governed as set forth in subsection (2) of K.S.A. 16a-6-104, and amendments thereto.
(2) If the administrator receives a complaint or other information concerning noncompliance with this act by a supervised financial organization, the administrator shall inform the official or agency having supervisory authority over the organization concerned. The administrator may request information about supervised financial organizations from the officials or agencies supervising them. If such officials or agencies have cause to believe the licensee of any supervised financial organization subject to their supervision is subject to suspension or revocation for any reason stated in K.S.A. 16a-2-303, and amendments thereto, such official or agency shall notify the administrator and assist the administrator in the enforcement of this act.
(3) The administrator and any official or agency of this state having supervisory authority over a supervised financial organization are authorized and directed to consult and assist one another in maintaining compliance with the provisions of K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto. They may jointly pursue investigations, prosecute suits, and take other official action, as they deem appropriate, if either of them otherwise is empowered to take the action.
History:
L. 1973, ch. 85, § 98; L. 1980, ch. 76, § 10; L. 1992, ch. 46, § 3; L. 1999, ch. 107, § 29; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-109 (UCCC) Assurance of discontinuance.

16a-6-109.
(UCCC) Assurance of discontinuance.
If it is claimed that a person has engaged in conduct subject to an order by the administrator (section 16a-6-108) or by a court (sections 16a-6-110 through 16a-6-112), the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance is evidence that prior to the assurance he engaged in the conduct described in the assurance.
History: L. 1973, ch. 85, § 102; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-110 (UCCC) Injunctions against violations of act.

16a-6-110.
(UCCC) Injunctions against violations of act.
The administrator may bring a civil action to restrain a person from violating the provisions of K.S.A. 16a-1-101 through 16a-9-102 and for other appropriate relief.
History: L. 1973, ch. 85, § 103; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-111 (UCCC) Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.

16a-6-111.
(UCCC) Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
(1) The administrator may bring a civil action to restrain a creditor or a person acting in his behalf from engaging in a course of:
(a) Making or enforcing unconscionable terms or provisions of consumer credit transactions;
(b) fraudulent or unconscionable conduct in inducing consumers to enter into consumer credit transactions.
(2) In an action brought pursuant to this section the court may grant relief only if the trier of the fact finds:
(a) That the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct;
(b) that the agreements or conduct of the respondent has caused or is likely to cause injury to consumers; and
(c) that the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions.
(3) In applying this section, consideration shall be given to each of the following factors, among others:
(a) Belief by the creditor at the time consumer credit transactions are entered into that there was no reasonable probability of payment in full of the obligation by the consumer;
(b) in the case of consumer credit sales or consumer leases, knowledge by the seller or lessor at the time of the sale or lease of the inability of the buyer or lessee to receive substantial benefits from the property or services sold or leased;
(c) in the case of consumer credit sales or consumer leases, gross disparity between the price of the property or services sold or leased and the value of the property or services measured by the price at which similar property or services are readily obtainable in credit transactions by like buyers or lessees;
(d) the fact that the creditor contracted for or received separate charges for insurance with respect to consumer credit sales or consumer loans with the effect of making the sales or loans, considered as a whole, unconscionable; and
(e) the fact that the respondent has knowingly taken advantage of the inability of the consumer reasonably to protect his interests by reason of physical or mental infirmities, ignorance, illiteracy or inability to understand the language of the agreement, or similar factors.
(4) In an action brought pursuant to this section, a charge or practice expressly permitted by this act is not in itself unconscionable.
History: L. 1973, ch. 85, § 104; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-112 (UCCC) Temporary relief.

16a-6-112.
(UCCC) Temporary relief.
With respect to an action brought to enjoin violations of K.S.A. 16a-1-101 through 16a-9-102 (section 16a-6-110) or unconscionable agreements or fraudulent or unconscionable conduct (section 16a-6-111), the administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in conduct sought to be restrained, it may grant any temporary relief or restraining order it deems appropriate.
History: L. 1973, ch. 85, § 105; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-113 (UCCC) Civil actions by administrator.

16a-6-113.
(UCCC) Civil actions by administrator.
(1) After demand, the administrator may bring a civil action against a creditor for all amounts of money, other than penalties, which a consumer or class of consumers has a right explicitly granted by the provisions of K.S.A. 16a-1-101 through 16a-9-102 to recover. The court shall order amounts recovered or recoverable under this subsection paid to each consumer or set off against his obligation. A consumer's action, other than a class action, takes precedence over a prior or subsequent action by the administrator with respect to the claim of that consumer. A consumer's class action takes precedence over a subsequent action by the administrator with respect to claims common to both actions but intervention by the administrator is authorized. An administrator's action on behalf of a class of consumers takes precedence over a consumer's subsequent class action with respect to claims common to both actions. When an action takes precedence over another action under this subsection, to the extent appropriate the other action may be stayed while the precedent action is pending and dismissed if the precedent action is dismissed with prejudice or results in a final judgment granting or denying the claim asserted in the precedent action.
(2) The administrator may bring a civil action against a creditor or a person acting in his behalf to recover a civil penalty for willfully violating this act, and if the court finds that the defendant has engaged in a course of repeated and willful violations of this act, it may assess a civil penalty of no more than five thousand dollars ($5,000). Any civil action under this subsection shall be brought within two (2) years following the violation.
History: L. 1973, ch. 85, § 106; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-115 (UCCC) Consumer's remedies not affected.

16a-6-115.
(UCCC) Consumer's remedies not affected.
The grant of powers to the administrator in this article does not affect remedies available to consumers under K.S.A. 16a-1-101 through 16a-9-102 or under other principles of law or equity.
History: L. 1973, ch. 85, § 107; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-116 (UCCC) Venue.

16a-6-116.
(UCCC) Venue.
The administrator may bring actions or proceedings in a court in a county in which an act on which the action or proceeding is based occurred or in a county in which respondent resides or transacts business.
History: L. 1973, ch. 85, § 108; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-117 Rules and regulations; truth in lending.

16a-6-117.
Rules and regulations; truth in lending.
The administrator shall adopt rules and regulations necessary to carry out the provisions and terms of the uniform consumer credit code which are consistent with or no less restrictive than the truth-in-lending act, which is contained in title I of the consumer credit protection act, 15 U.S.C. § 1601 et seq. and regulation Z, 12 C.F.R. § 226 et seq., as amended, the equal credit opportunity act, 15 U.S.C. § 1691-1691f and regulation B, 12 C.F.R. § 202 et seq., as amended, the real estate settlement procedures act of 1974, 12 U.S.C. § 2601 et seq., and regulation X, 24 C.F.R. §§ 3500 et seq., as amended and section 670 of the John Warner national defense authorization act for fiscal year 2007, 10 U.S.C. § 987 et seq. and 32 C.F.R. § 232 et seq.
History:
L. 1981, ch. 93, § 1; L. 1992, ch. 46, § 4; L. 1999, ch. 107, § 32; L. 2000, ch. 27, § 4; L. 2009, ch. 29, § 23; L. 2009, ch. 143, § 6; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-201 (UCCC) Applicability.

16a-6-201.
(UCCC) Applicability.
This part applies to a creditor engaged in this state in entering into consumer credit transactions and to any person who takes assignments of and undertakes collection of payments from or takes assignments of and enforces rights against debtors arising from these transactions. This part shall not apply to supervised financial organizations (K.S.A. 16a-1-301, and amendments thereto). Nothing in this section shall be construed to require the payment of any fees required by this article by attorneys or collection agencies who receive the same for collection purposes.
History:
L. 1973, ch. 85, § 109; L. 1981, ch. 93, § 18; L. 1993, ch. 200, § 14; L. 2005, ch. 144, § 20; L. 2009, ch. 29, § 24; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-202 (UCCC) Notification.

16a-6-202.
(UCCC) Notification.
(1) Persons subject to this part shall file notification with the administrator within 30 days after commencing business in this state, and, thereafter, in accordance with rules and regulations adopted by the administrator.
(2) If information in a notification becomes inaccurate after filing, the person filing the notification shall file a corrected or amended notification in such form and at such time as prescribed by rules and regulations adopted by the administrator.
History:
L. 1973, ch. 85, § 110; L. 1988, ch. 85, § 12; L. 1999, ch. 107, § 33; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-203 Fees.

16a-6-203.
Fees.
(1) A person required to file notification shall on or before April 30 of each year pay to the administrator an annual fee in an amount established pursuant to subsection (5) of K.S.A. 16a-6-104, and amendments thereto, for each business location for that year.
(2) Persons required to file notification who are sellers, lessors or lenders shall pay an additional fee at the time and in the manner stated in subsection (1), in an amount established pursuant to subsection (5) of K.S.A. 16a-6-104, and amendments thereto, for each $100,000, or part thereof, of the average unpaid balances, including unpaid scheduled periodic payments under consumer leases, arising from consumer credit transactions entered into in this state and held on the last day of each calendar month during the preceding calendar year and held either by the seller, lessor or lender, or by the immediate or a remote assignee who has not filed notification. The unpaid balances of assigned obligations held by an assignee who has not filed notification are presumed to be the unpaid balances of the assigned obligations at the time of their assignment by the seller, lessor or lender.
(3) Persons required to file notification who are assignees shall pay an additional fee at the time and in the manner stated in subsection (1), in an amount established pursuant to subsection (5) of K.S.A. 16a-6-104, and amendments thereto, for each $100,000, or part thereof, of the average unpaid balances, including unpaid scheduled periodic payments payable by lessees, arising from consumer credit transactions entered into in this state taken by assignment and held on the last day of each calendar month during the preceding calendar year.
History:
L. 1973, ch. 85, § 111; L. 1976, ch. 98, § 3; L. 1978, ch. 73, § 1; L. 2000, ch. 27, § 5; L. 2005, ch. 144, § 21; L. 2009, ch. 29, § 25; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-401 (UCCC) Applicability and scope.

16a-6-401.
(UCCC) Applicability and scope.
This part applies to the administrator, prescribes the procedures to be observed by him in exercising his powers under K.S.A. 16a-1-101 through 16a-9-102, and supplements the provisions of the part on powers and functions of administrator (part 1) of this article and of the part on supervised lenders (part 3) of the article on finance charges and related provisions (article 2).
History: L. 1973, ch. 85, § 116; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-402 (UCCC) Definitions in part.

16a-6-402.
(UCCC) Definitions in part.
In this part:
(1) "Contested case" means a proceeding, including but not restricted to one pursuant to the provisions on administrative enforcement orders (subsection (a) of K.S.A. 16a-6-108, and amendments thereto) and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by the administrator after an opportunity for hearing.
(2) "License" means a license authorizing a person to make supervised loans pursuant to the provisions on authority to make supervised loans (K.S.A. 16a-2-301, and amendments thereto).
(3) "Licensing" includes the administrator's process respecting the grant, denial, revocation, suspension, annulment, withdrawal, or amendment of a license.
(4) "Rule" means each rule specifically authorized by this act that applies generally and implements, interprets or prescribes law or policy, or each statement by the administrator that applies generally and describes the administrator's procedure or practice requirements or the organization of the administrator's office. The term includes the amendment or repeal of a prior rule but does not include:
(a) statements concerning only the internal management of the administrator's office and not affecting private rights or procedures available to the public;
(b) declaratory rulings issued pursuant to the provisions on declaratory rulings by administrator (K.S.A. 16a-6-409, and amendments thereto); or
(c) intra-office memoranda.
History:
L. 1973, ch. 85, § 117; L. 1988, ch. 356, § 48; July 1, 1989.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-403 (UCCC) Public information; adoption of rules; availability of rules and orders.

16a-6-403.
(UCCC) Public information; adoption of rules; availability of rules and orders.
(1) In addition to other rule-making requirements imposed by law, the administrator may:
(a) Adopt as a rule a description of the organization of the administrator's office, stating the general course and method of the operations of the office and the methods whereby the public may obtain information or make submissions or requests;
(b) adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the administrator or by the office;
(c) make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted or used by the administrator;
(d) make available for public inspection all final orders, decisions and opinions.
(2) No rule, order or decision of the administrator is valid or effective against any person or party, nor may it be invoked by the administrator for any purpose, until it has been made available for public inspection as herein required. This provision is not applicable in favor of any person or party who has actual knowledge thereof.
History:
L. 1973, ch. 85, § 118; L. 1981, ch. 95, § 2; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-404 Procedure for adoption of rules.

16a-6-404.
Procedure for adoption of rules.
Prior to the adoption, amendment, or repeal of any rule, the administrator shall submit such proposed rule, amendment or revocation to the attorney general for his examination and approval and shall give notice and hold a hearing thereon in the manner required by article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1973, ch. 85, § 119; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-405 Filing and taking effect of rules.

16a-6-405.
Filing and taking effect of rules.
(1) Every rule and regulation or amendment or revocation thereof shall be filed by the administrator in the office of the secretary of state in the manner provided by article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto.
(2) Each rule and regulation or amendment or revocation thereof shall take effect at times prescribed under the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1973, ch. 85, § 120; L. 1988, ch. 366, § 4; June 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-406 Publication of rules.

16a-6-406.
Publication of rules.
The secretary of state shall publish all rules and regulations filed under the provisions of this act subject to and in the manner provided for the publication of rules and regulations under the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1973, ch. 85, § 121; L. 1988, ch. 366, § 5; June 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-407 (UCCC) Petition for adoption, amendment or repeal of rules.

16a-6-407.
(UCCC) Petition for adoption, amendment or repeal of rules.
An interested person may petition the administrator requesting the promulgation, amendment or repeal of a rule. The administrator may prescribe by rule the form for petitions and the procedure for their submission, consideration and disposition. Within 30 days after submission of a petition the administrator either shall deny the petition in writing (stating the reasons for the denials) or shall initiate rule-making proceedings in accordance with the provisions on procedure for adoption of rules set forth in K.S.A. 16a-6-404.
History:
L. 1973, ch. 85, § 122; L. 1981, ch. 95, § 3; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-408 Declaratory judgment on validity or applicability or rules.

16a-6-408.
Declaratory judgment on validity or applicability or rules.
The validity or applicability of a rule may be determined in an action for declaratory judgment in the manner prescribed by K.S.A. 77-434, and amendments thereto.
History: L. 1973, ch. 85, § 123; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-409 (UCCC) Declaratory rulings by administrator.

16a-6-409.
(UCCC) Declaratory rulings by administrator.
The administrator shall provide by rule for the filing and prompt disposition of petitions or declaratory rulings as to the applicability of any statutory provision or of any rule of the administrator. Rulings disposing of petitions have the same status as decisions or orders in contested cases.
History: L. 1973, ch. 85, § 124; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-410 (UCCC) Contested cases; orders subject to provisions of Kansas administrative procedure act; informal disposition.

16a-6-410.
(UCCC) Contested cases; orders subject to provisions of Kansas administrative procedure act; informal disposition.
(1) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Orders in contested cases, and proceedings thereon, shall be subject to the provisions of the Kansas administrative procedure act.
(2) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, or consent order.
History:
L. 1973, ch. 85, § 125; L. 1988, ch. 356, § 49; July 1, 1989.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-414 Judicial review of administrator's actions.

16a-6-414.
Judicial review of administrator's actions.
Any action of the administrator pursuant to the uniform consumer credit code is subject to review in accordance with the Kansas judicial review act. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief or trial de novo provided by law. A preliminary, procedural or intermediate action or ruling of the administrator is immediately reviewable if review of the final decision of the administrator would not provide an adequate remedy.
History:
L. 1973, ch. 85, § 129; L. 1986, ch. 318, § 22; L. 2010, ch. 17, § 37; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 9 - Effective Date And Repealer › 16a-9-101 (UCCC) Time of taking effect; provisions for transition.

16a-9-101.
(UCCC) Time of taking effect; provisions for transition.
(1) Sections 1 through 135 of this act* take effect at 12:01 a.m. on January 1, 1974.
(2) To the extent appropriate to permit the administrator to prepare for operation of sections 1 through 135 of this act* when it takes effect and to act on applications for licenses to make supervised loans under this act (subsection (1) of section 16a-2-302), the part on supervised lenders (part 3) of the article on finance charges and related provisions (article 2), and the article on administration (article 6) take effect January 1, 1974.
(3) Transactions entered into before sections 1 through 135 of this act* take effect and the rights, duties, and interests flowing from them thereafter may be terminated, completed, consummated, or enforced as required or permitted by any statute, rule of law, or other law amended, repealed, or modified by this act as though the repeal, amendment, or modification had not occurred, but sections 1 through 135 of this act* apply to:
(a) Refinancings, consolidations, and deferrals made after this act takes effect of sales, leases, and loans whenever made;
(b) sales or loans made after this act takes effect pursuant to open end credit entered into, arranged, or contracted for before this act takes effect; and
(c) all credit transactions made before this act takes effect insofar as the article on remedies and penalties (article 5) limits the remedies of creditors.
History: L. 1973, ch. 85, § 130; January 1, 1974.
* The phrase "his act" includes 16a-1-101 through 16a-9-102, 16-207, 16-403, 17-2214 and 84-9-203.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 9 - Effective Date And Repealer › 16a-9-102 (UCCC) Continuation of licensing.

16a-9-102.
(UCCC) Continuation of licensing.
All persons licensed or otherwise authorized under the provisions of article 4 of chapter 16 of the Kansas Statutes Annotated, and amendments thereto, on the effective date of this act are licensed to make supervised loans under sections 1 through 135 of this act*, pursuant to the part on supervised lenders (part 3) of the article on finance charges and related provisions (article 2), and all provisions of that part apply to the persons so previously licensed or authorized. The administrator may, but is not required to, deliver evidence of licensing to the persons so previously licensed or authorized.
History: L. 1973, ch. 85, § 131; January 1, 1974.
* The phrase "this act" includes 16a-1-101 through 16a-9-102, 16-207, 16-403, 17-2214 and 84-9-203.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-618 Eminent domain, exercise by sundry corporations and partnerships.

17-618.
Eminent domain, exercise by sundry corporations and partnerships.
Lands may be appropriated for the use of macadam-road, plank-road, hospital corporation or association, telegraph and telephone corporations, electric, hydraulic, irrigating, milling and manufacturing corporations using power, oil companies, pipeline companies, and for the piping of gas in the same manner as is provided in K.S.A. 26-501 to 26-516, inclusive, and any macadam-road, plank-road, telegraph and telephone corporations, hydraulic, irrigating, oil company, pipeline company, gas company, partnership holding a certificate of convenience as a public utility issued by the state corporation commission, milling or manufacturing corporation using power desiring the right to dam or take water from any stream, to conduct water in canals or raceways or pipes, or to conduct compressed air in pipes, or to conduct oil in pipes or conduct gas in pipes, or transmit power or communications by shafting, belting, or belting and pulleys, or ropes and pulleys, or by electrical current, or by compressed air, may obtain such right or the right-of-way for all necessary canals, raceways, pipes, shafting, belting and pulleys, ropes and pulleys or wires or cables in manner as aforesaid; and such canals, raceways, pipes, shafting, belting, belting and pulleys, ropes and pulleys or wires or cables may be laid, carried or stretched on, through or over any land or lot, or along or upon any stream of water, using so much of the water thereof as may be needed for any of the purposes aforesaid, or through any street or alley or public ground of any city of the second or third class: Provided, That no such canal or raceway shall be located through any street or alley or any public ground of any city without the consent of the municipal authorities thereof: Provided further, That it shall be unlawful for any person or corporation to locate or construct any irrigating canal or raceway along or upon any stream of water or take and use the water of any stream in such manner as to interfere with or in any wise hinder, delay or injure any milling or irrigating improvements already constructed or located along or upon any stream of water, or to diminish the supply of water flowing to or through any established irrigating canal: Provided further, That in case of the erection of a dam, the report of the commissioners, instead of defining the quantity and boundaries of the land overflowed, shall designate particularly the height of such dam.
History: G.S. 1868, ch. 23, § 88; L. 1871, ch. 64, § 1; L. 1876, ch. 58, § 1; L. 1891, ch. 85, § 1; L. 1899, ch. 95, § 1; L. 1901, ch. 128, § 1; L. 1917, ch. 122, § 1; R.S. 1923, 17-618; L. 1947, ch. 183, § 1; L. 1963, ch. 234, § 37; January 1, 1964.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-619 Powers of sundry companies.

17-619.
Powers of sundry companies.
That any macadam-road, plank-road, telegraph, hydraulic, irrigating, gas company, milling or other manufacturing corporation using power, duly chartered and organized, may furnish, sell, let, or lease, for such time as such corporation may determine, any portion of its water or power or gas to any person or persons or corporation or partnerships who may wish to use the same, and may convey water in channels, raceways, or pipes, and convey gas or compressed air in pipes, and may transmit power by shafting, belting, belting and pulleys, ropes and pulleys, or by electrical current, or by compressed air; and such corporation may borrow such sums of money as may be necessary for completing, furnishing or operating its canals, raceways, pipes, dams, mills, or machinery, and may issue and dispose of its bonds for any amount so borrowed, and may mortgage the corporate property and franchise, or any part of the same, to secure the payment of any debt contracted by the corporation for the purposes aforesaid.
History:
L. 1876, ch. 58, § 2; L. 1891, ch. 85, § 2; L. 1899, ch. 95, § 2; May 15; R.S. 1923, 17-619.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-623 Sewerage corporations; powers in cities.

17-623.
Sewerage corporations; powers in cities.
Any sewerage corporation shall have full power to construct, operate and maintain a sewer, sewers, or a system of sewerage, as may be required by the city where located, for the public and private use, convenience and health of the residents of said city, or for other purposes; and such corporations shall have power to lay or construct pipes, mains, and conductors, for operating said corporation's sewer, sewers, or system of sewerage, through the streets, lanes, alleys and squares in such city, with the consent of the municipal authorities thereof, and under such regulations as they may prescribe.
History:
L. 1885, ch. 103, § 1; March 14; R.S. 1923, 17-623.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-624 Same; contracts with cities.

17-624.
Same; contracts with cities.
The municipal authorities of any city of the first or second class in which any sewerage corporation shall exist are hereby authorized to contract with any such corporation for the drainage and sewerage of the streets, lots, lanes, squares and public places in any such said city of the first and second class.
History:
L. 1885, ch. 103, § 2; March 14; R.S. 1923, 17-624.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-625 Irrigation corporations; operations authorized.

17-625.
Irrigation corporations; operations authorized.
Corporations may be organized for the purpose of constructing, maintaining and operating dams, reservoirs, sluices, ditches and canals, to divert, convey, store and deliver water to be used by such corporations, or by any other persons, for the purpose of irrigating land. Any such corporation is authorized to construct, maintain and operate a dam or reservoir with sluices, canals and ditches for the purpose of conveying, storing and delivering water, either upon or away from a running stream of water, or both, but subject to the prior rights of all persons to the use of the water and to the rights of all persons to land.
History:
L. 1933, ch. 155, § 1; March 22.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-626 Same; general powers.

17-626.
Same; general powers.
Any such corporation shall have the power:
(a) To cause such examination and survey for its proposed works to be made, as may be necessary to the selection of the most advantageous site, route or routes, and by its officers, agents or servants to enter upon the land of any person for the purpose of making such examination and survey;
(b) to take and hold such voluntary grants of real and other property as may be made to it to aid in the construction, maintenance and operation of its said works;
(c) to receive the aid of any other party by gifts, written obligations, pledges and mortgages of such other party or parties;
(d) to construct its works upon, along, connecting with or away from any stream of water;
(e) and to obtain, store and deliver water to any other party or parties for use in irrigating land, or for conveyance and delivery to others for such use, at such rates and terms for its services and facilities as such corporation, by its bylaws and regulations, may prescribe, which rates and terms shall be reasonable and nondiscriminating.
Such corporation shall have the power to borrow such sums of money as may be necessary for constructing, maintaining and operating its works, and to issue and dispose of its bonds on account of any amount so borrowed, and to pledge and mortgage its real and other property and franchises to secure the payment of any debt contracted by it for the purposes aforesaid.
History:
L. 1933, ch. 155, § 2; March 22.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-627 Same; eminent domain.

17-627.
Same; eminent domain.
Such corporations shall have the right to condemn, for its uses, any lands or other property, according to the procedure provided by K.S.A. 26-501 to 26-516, inclusive.
History: L. 1933, ch. 155, § 3; L. 1963, ch. 234, § 38; January 1, 1964.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-628 Same; rates and terms for services; appeal; hearing.

17-628.
Same; rates and terms for services; appeal; hearing.
Whenever any party which shall receive water from such corporation shall consider its rates or terms for its services and facilities to be unreasonable or discriminatory, such other party or parties may appeal to the corporation commission, and if such commission shall consider the complaint to require action by it, it shall notify such corporation and the complainant or complainants and conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act within a county in which any of the works of any such corporation may be located. If the commission decides that such rates or terms are unreasonable or discriminatory, it shall fix rates and terms for the services and facilities of such corporation which shall be binding upon the parties until further order of the commission.
History:
L. 1933, ch. 155, § 4; L. 1988, ch. 356, § 50; July 1, 1989.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-629 Power of corporations to hold stock in and aid similar corporations.

17-629.
Power of corporations to hold stock in and aid similar corporations.
Any corporation or association which has power to construct, maintain or operate a dam, reservoir, sluices, ditches or canals, or either of them, for the purpose of irrigation, shall have the power to acquire, hold and dispose of shares of stock in any corporation or association organized for the same or similar purposes; and to aid such other corporation, association, or any county or other municipality or public corporation of any kind which has similar powers, in the construction, maintenance or operation of such works, by lending it money, or by guaranteeing, or acting as surety, for its indebtedness, or any part thereof, or by agreeing to pay in any manner or on any conditions, its indebtedness, or any part thereof, contracted for the purpose aforesaid, and shall have power in furtherance of any such guarantee, suretyship or agreement, to pledge its property, real or personal, and its franchises to secure the payment of any such debt, or any part thereof, of such other party.
The making of any such guarantee, suretyship, agreement, pledge or mortgage by the obligor shall be required to be authorized by a majority vote in favor of the proposition of the shares of stock in the corporation, or of the members of the corporation or association, if there be no shares of stock therein, making the same as such obligor, and also by a majority vote of its board of directors, at meetings called, upon at least ten days' notice, for the purpose of passing upon the proposition.
History:
L. 1933, ch. 156, § 1; March 21.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 6 - Powers And Duties Of Corporations › 17-631 Same; certificate required as condition for filing.

17-631.
Same; certificate required as condition for filing.
The secretary of state shall not receive for record or for filing any mortgage or deed of trust described in K.S.A. 17-630, unless and until the same has thereon the certificate of a register of deeds that the same has been presented to him pursuant to the provisions of K.S.A. 79-3101 to 79-3107, inclusive, and that any real estate mortgage tax, if any is due, has been paid or that none is due thereon, as the case may be.
History:
L. 1974, ch. 232, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 10a - Federal Home Loan Bank Members; Savings And Loan Associations › 17-10a01 Building and loan associations and life insurance companies; authority as members and borrowers.

17-10a01.
Building and loan associations and life insurance companies; authority as members and borrowers.
Any building and loan association or life insurance company, organized and existing under the laws of the state of Kansas, are hereby authorized to subscribe for the stock of and to become a member of the federal home loan bank for the district in which they may be located, or for the stock of a federal home loan bank of an adjoining district, if demanded by convenience; to borrow money from such bank or any other corporation or agency established under the authority of the United States government, and assign their home mortgages, or such other of their assets as may be required by the bank as security therefor; to avail themselves of all the advantages and privileges offered by the federal home loan bank while a member thereof; and to comply with the provisions and requirements of the federal home loan bank act, passed by the congress of the United States and approved July 22, 1932, and any amendments that may hereafter be made to said act, and all regulations made by the authority thereof.
It is the intention of this act, that any such building and loan association or life insurance company, while a member of a federal home loan bank, may function fully as such, including the power to invest in the securities issued by a federal home loan bank, so long as the same are accepted by the United States to secure government deposits, anything in existing laws of the state of Kansas to the contrary notwithstanding.
History: L. 1933, ch. 143, § 1; January 26.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 10a - Federal Home Loan Bank Members; Savings And Loan Associations › 17-10a02 Powers of members or borrowers.

17-10a02.
Powers of members or borrowers.
Building and loan associations, and other institutions eligible under the federal home loan bank act to become members of a federal home loan bank, or to borrow money therefrom, may, when authorized by the bank, act as agents for such bank in the collection of interest, and amortization or installment payments, as the same become due on collateral pledged to said bank.
The federal home loan bank may agree with a member or borrower that after making current payments of interest or installments on their indebtedness to such bank, any balance of funds so collected may be used in the transaction of their regular or customary business. Such an arrangement between the federal home loan bank and a member or borrower shall not be construed as in any way affecting or invalidating the lien of the bank upon uncollected balances due on securities pledged as collateral.
Any officer, director, trustee, attorney, or agent of a building and loan association, or other borrower, acting as agent for a federal home loan bank in the collection of interest, amortization, or installment payments on collateral deposited with said bank, who shall apply the proceeds of such collections otherwise than as provided in the agreement with the bank, shall be deemed guilty of embezzlement, and subject to the punishment provided by the laws of this state for that offense.
History: L. 1933, ch. 143, § 2; January 26.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 10a - Federal Home Loan Bank Members; Savings And Loan Associations › 17-10a03 Laws applicable upon ceasing to be a member.

17-10a03.
Laws applicable upon ceasing to be a member.
When a building and loan association or life insurance company, organized and existing under the laws of the state of Kansas, and which has become a member of a federal home loan bank, for any reason ceases to be a member thereof, it shall at once become subject to all the provisions and limitations contained in the laws of the state of Kansas relative to building and loan associations and life insurance companies, except that it may perform such acts as may be necessary to discharge obligations assumed by it while a member of said bank: Provided, however, That such an association may exercise all the powers conferred by this act in relation to the borrowing of money from other corporations or agencies established under the authority of the United States government.
History: L. 1933, ch. 143, § 3; January 26.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 10a - Federal Home Loan Bank Members; Savings And Loan Associations › 17-10a04 Conversion of state building and loan association into federal savings and loan association; conversion of federal savings and loan association into state savings and loan association; procedure.

17-10a04.
Conversion of state building and loan association into federal savings and loan association; conversion of federal savings and loan association into state savings and loan association; procedure.
Any building and loan association incorporated under the laws of the state of Kansas may be converted into a federal savings and loan association, or any federal savings and loan association may be converted into a state savings and loan association under the laws of the state of Kansas, by complying with the following procedure:
(a) At any regular meeting of the shareholders and members of any such association, or at any special meeting of such association duly called for that purpose in accordance with the bylaws of such association, such shareholders by an affirmative vote of not less than fifty-one percent (51%) of the shares outstanding, shall declare by resolution their desire for conversion.
(b) A copy of the minutes of such meeting of the shareholders and members verified by the president or vice-president and the secretary of the association shall be filed in the office of the state savings and loan commissioner within ten (10) days after such meeting.
(c) In case of conversion from state to federal association, the association shall as soon as possible after the receipt of its federal charter file a copy of the same in the office of the state savings and loan commissioner.
(d) In case of conversion from federal to state association, the association shall first be examined by the state savings and loan commissioner and be found to have all the requirements of existing law to entitle it to become a state savings and loan association.
History: L. 1935, ch. 134, § 1; L. 1972, ch. 53, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 10a - Federal Home Loan Bank Members; Savings And Loan Associations › 17-10a05 Same; vesting of title to property; past obligations.

17-10a05.
Same; vesting of title to property; past obligations.
When such conversion becomes effective as hereinbefore provided, all the property of such association, both real and personal, shall immediately by operation of law and without conveyance or transfer of any kind or character, be vested in such converted association: Provided, however, That such converted association shall continue responsible for all of the obligations of the association prior to the conversion.
History:
L. 1935, ch. 134, § 2; May 15.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 10a - Federal Home Loan Bank Members; Savings And Loan Associations › 17-10a06 Insurance of shares with federal savings and loan insurance corporation.

17-10a06.
Insurance of shares with federal savings and loan insurance corporation.
Any building and loan association is hereby empowered and authorized to do all things necessary to obtain, continue, pay for and terminate insurance of its shares with the federal savings and loan insurance corporation as provided by title IV* of the national housing act.
History:
L. 1937, ch. 173, § 1; March 29.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 10a - Federal Home Loan Bank Members; Savings And Loan Associations › 17-10a07 Same; ratification of prior actions.

17-10a07.
Same; ratification of prior actions.
Any action heretofore taken by any building and loan association in connection with obtaining insurance of its shares with the federal savings and loan insurance corporation is hereby ratified and confirmed.
History:
L. 1937, ch. 173, § 2; March 29.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 10a - Federal Home Loan Bank Members; Savings And Loan Associations › 17-10a08 Rights and privileges granted to federal savings and loan associations.

17-10a08.
Rights and privileges granted to federal savings and loan associations.
Every federal savings and loan association incorporated under the provisions of section 5* of the home owners' loan act of 1933, doing business in this state and the shares or accounts issued by any such association shall have all the rights, powers, and privileges, and shall be entitled to the same exemptions and immunities as are building and loan associations organized under the laws of this state and the shares of such associations.
History:
L. 1937, ch. 174, § 1; March 31.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 11 - Home Building And Owning Corporations; Home Surroundings › 17-1108a Home building and owning corporations; powers.

17-1108a.
Home building and owning corporations; powers.
Any corporation established pursuant to K.S.A. 17-1101 et seq., and amendments thereto, prior to July 1, 1995, shall continue in existence but shall be governed by the provisions of chapter 17 of the Kansas Statutes Annotated relating to the powers, duties and functions of other not-for-profit corporations.
History:
L. 1995, ch. 115, § 1; July 1.