reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 14 - Board Of Commissioners › 15-1407 Department commissioners; powers and duties.

15-1407.
Department commissioners; powers and duties.
The mayor shall be, ex officio, the commissioner of the police and fire departments, and shall have under his or her special charge, and be responsible for, the enforcement of all city ordinances and police regulations of such city, and have general supervision over the fire department, shall have under his or her special charge the public parks and all property of such city, and shall have supervision over the health department of such city, and shall in conjunction with the commissioner of streets keep the streets, alleys and public grounds of such city in a sanitary condition, and shall enforce all rules and regulations necessary to this end and shall protect the health of the inhabitants of such city.
The board of commissioners shall, by a majority vote of all members thereof, designate from among their number one commissioner, who shall be known as "commissioner of finance, revenue, and waterworks," and lighting plant owned by said city, who shall have under his or her special charge the preparation of an annual budget, and the levy of taxes and the collection of all revenues belonging to such city, from whatever source the same may be derived, and the management of the finances of such city, and the construction, maintenance and operation of any waterworks owned by any such city; and one commissioner, who shall be known as "commissioner of streets, alleys and public improvements," who shall have under his or her special care the supervision of streets and alleys, and the repair, construction and maintenance of sidewalks, bridges, and sewers, and all other public improvements not herein otherwise provided for and shall have general supervision over the engineering department of such city, and the commissioner shall also see that all contracts for public improvements under his or her supervision are faithfully complied with, and that the conditions of all permits to excavate in the streets and alleys of the city and the grant of any franchise or privilege are faithfully performed.
Said board of commissioners so constituted shall have control and supervision over all the departments of such city and to that end shall have power to make and enforce such rules and regulations as they may deem fit and proper for and concerning the organization, management and operation of all the departments of such city, and whatever agencies may be created for the administration of its affairs.
In case at any time the duties of any of said commissioners shall be found to be excessive, said board of commissioners, by a majority vote of all the members thereof, may relieve said commissioner by assigning to some other member of said board, for a time to be by them determined, a portion of the work assigned by this act to said commissioner; and said board may from time to time assign such further duties to each of said commissioners as shall be for the best interests of such city.
History:
L. 1913, ch. 128, § 13; March 19; R.S. 1923, § 15-1407.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 14 - Board Of Commissioners › 15-1409 Meetings of board; quorum.

15-1409.
Meetings of board; quorum.
Said board of commissioners shall meet at least once every week in regular meeting in the city hall, at such time as shall be fixed by said board of commissioners, and take under advisement and act upon such business as may come before them. A majority of the members of said board shall constitute a quorum for the transaction of business, but no final action shall be taken in any matter respecting the department of any absent commissioner unless such business has been made a special order, with notice to such commissioner of such contemplated action, or unless such action is taken at a regular meeting of the board.
History:
L. 1913, ch. 128, § 15; March 19; R.S. 1923, § 15-1409.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 15 - The Mayor › 15-1501 General functions of mayor.

15-1501.
General functions of mayor.
The mayor shall preside at all meetings of the board of commissioners, except as herein otherwise provided. The mayor shall be the chief executive officer of said city, and shall have general supervision and control of all other officers, departments and affairs of government of such city, and shall take care that the provisions of this act and all ordinances of such city are complied with.
History:
L. 1913, ch. 128, § 16; March 19; R.S. 1923, § 15-1501.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 15 - The Mayor › 15-1502 Signing of ordinances; right to vote; no veto power.

15-1502.
Signing of ordinances; right to vote; no veto power.
The mayor shall sign all ordinances passed by the board of commissioners, and shall have the right to vote as a member of said board on all questions which may arise, but the mayor shall have no veto power.
History:
L. 1913, ch. 128, § 17; March 19; R.S. 1923, § 15-1502.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 15 - The Mayor › 15-1503 Special meetings; notice.

15-1503.
Special meetings; notice.
The mayor and any one commissioner shall have the power to call special meetings of the board of commissioners, the object of which shall be submitted to said board in writing, and the call and the object, as well as the action of said board thereon, shall be entered upon the journal by the clerk, and no other business shall be transacted except that mentioned in the call. A written notice of said special meeting shall be served personally upon each member of said board or left at his or her usual place of residence at least two hours before the time of such meeting. The notice shall state the time, place and object of such special meeting, and shall be issued by the city clerk to the chief of police, his or her deputy or a policeman, or other city employee, who shall be required to make such service at once as above provided, and the person serving such notice shall make a return in writing of the serving such notice, showing the manner of such service.
History:
L. 1913, ch. 128, § 18; March 19; R.S. 1923, § 15-1503.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 15 - The Mayor › 15-1504 President of board.

15-1504.
President of board.
At the first regular meeting of the board of commissioners of any city adopting the provisions of this act, after the members thereof have been duly elected and qualified, said board, by a majority vote of all of its members, shall appoint by ballot one of their number to act instead of the mayor at any time during which the mayor is unable to perform the duties of the office by reason of temporary or continued absence or sickness or disability; the official title of such member so appointed shall be "President of the Board of Commissioners," and the commissioner so appointed shall be invested with all the powers and shall perform all the duties of the mayor of said city during such absence or sickness.
History:
L. 1913, ch. 128, § 19; March 19; R.S. 1923, § 15-1504.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 16 - Appointive Officers › 15-1601 Appointive officers; terms and compensation; vacancies.

15-1601.
Appointive officers; terms and compensation; vacancies.
The board of commissioners shall appoint, for a term of one (1) year, by a majority vote of all the members thereof, the following officers, to wit: A city clerk, a city treasurer, a municipal judge of the municipal court, a city marshal-chief of police, and may appoint the following officers, to wit: A city attorney, a fire chief, and such other officers, assistants, and employees as they deem necessary for the best interests of the city; but no such officer shall be appointed until his or her term and salary shall have been fixed by ordinance. Such persons shall hold their respective offices until their successors shall have been appointed and qualified. In case of appointment to fill a vacancy, such appointee shall only serve for the remainder of the term for which his or her predecessor was appointed. The board of commissioners may retain a licensed professional engineer to act in the capacity of city engineer for specifically defined duties, and provide for reasonable compensation for the services rendered.
History:
L. 1913, ch. 128, § 20; R.S. 1923, § 15-1601; L. 1959, ch. 83, § 4; L. 1967, ch. 90, § 15; July 1.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 16 - Appointive Officers › 15-1602 Residents only to be appointed; exception.

15-1602.
Residents only to be appointed; exception.
No person shall be eligible to any appointive office unless he or she shall be a bona fide resident of the city at least one (1) year prior to his or her appointment, except that the city may hire nonresident expert employees or appoint nonresidents as a municipal judge or as law enforcement officers when deemed necessary by the board of commissioners, including the appointment of nonresidents who also serve as a municipal judge or law enforcement officers of another municipality or public agency: Provided, That nothing herein shall authorize the appointment of nonresidents of this state.
History:
L. 1913, ch. 128, § 21; R.S. 1923, § 15-1602; L. 1967, ch. 90, § 16; July 1.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 16 - Appointive Officers › 15-1603 Removal of officers.

15-1603.
Removal of officers.
The board of commissioners shall have power to remove the city attorney, city clerk, city treasurer, police judge, city engineer or city assessor for incompetency, neglect of duty, or malfeasance in office, upon charges preferred, after due notice in writing and opportunity to be heard in their defense. When such charges are sustained any such officers shall be removed by resolution of the board of commissioners, passed by a vote of at least two of the members of said board, declaring that the charges preferred have been proven and that such office is vacant. But said board may in its discretion, by a majority vote of all the members thereof, remove with or without cause the incumbent of any other appointive city office or employment whatever, and may by ordinance prescribe, limit or change the salary of all appointive officers or employees, except that the salary of all appointive officers shall not be increased or diminished during the term for which they are appointed.
History:
L. 1913, ch. 128, § 22; March 19; R.S. 1923, § 15-1603.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 16 - Appointive Officers › 15-1604 How vacancies filled; resignations.

15-1604.
How vacancies filled; resignations.
In case of the disability or any vacancy occurring by death, resignation or removal by the board of commissioners of any city officer, the said board shall, by a majority vote of all the members thereof, appoint some suitable person to fill the unexpired term. The resignation of any city officer appointed under the provisions of this act shall be made in writing to the board of commissioners for their action thereupon. If any city officer required to be a bona fide resident of the city shall remove from the territorial limits of such city, such removal shall ipso facto, vacate his or her office. The city clerk shall enter every appointment of office and the date thereof on the journal.
History: L. 1913, ch. 128, § 23; R.S. 1923, § 15-1604; L. 1967, ch. 90, § 17; July 1.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 17 - Miscellaneous Provisions › 15-1701 Continuance of ordinances; property rights not affected.

15-1701.
Continuance of ordinances; property rights not affected.
All existing ordinances, not inconsistent with the provisions of this act, shall remain in full force and effect until amended or repealed, and all proceedings relating to the levy and collection of general taxes and special assessments and the sale and conveyance of land for the nonpayment thereof, and all contracts heretofore entered into by such city, shall remain in full force and effect and be completed under existing laws; and no right or property accrued to any city, corporation, firm or person under the laws of this state shall be affected by this act.
History:
L. 1913, ch. 128, § 24; March 19; R.S. 1923, § 15-1701.
2023 Kansas Statutes › Chapter 15 - Cities Of The Third Class › Article 17 - Miscellaneous Provisions › 15-1704 Election to adopt act; election of officers.

15-1704.
Election to adopt act; election of officers.
Before the provisions of this act shall apply to any city of the third class in this state, it shall be submitted, in the manner provided by K.S.A. 12-184, to a vote of the legally qualified electors of such city for adoption, and shall receive a majority of all votes cast at such election.
Such election shall be held in all respects according to the law for city elections on questions submitted. If a majority of all the votes cast at such election shall be in favor of the adoption of this act, then at the next city election in an odd-numbered year a mayor and two (2) commissioners shall be elected as provided herein.
History:
L. 1913, ch. 128, § 27; R.S. 1923, § 15-1704; L. 1968, ch. 274, § 47; L. 1976, ch. 76, § 17; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-101 Joint contracts as joint and several.

16-101.
Joint contracts as joint and several.
All contracts which by the common law are joint only, shall be construed to be joint and several.
History: G.S. 1868, ch. 21, § 1; October 31; R.S. 1923, 16-101.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-102 Liability of estate of decedent thereon.

16-102.
Liability of estate of decedent thereon.
In case of the death of one or more of the joint obligors or promisors, the joint debt or contract shall and may survive against the heirs, executors and administrators of the deceased obligor or promisor, as well as against the survivors.
History: G.S. 1868, ch. 21, § 2; October 31; R.S. 1923, 16-102.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-103 Liability on death of all joint obligors.

16-103.
Liability on death of all joint obligors.
When all the obligors or promisors shall die, the debt or contract shall survive against the heirs, executors and administrators of all the deceased joint obligors and promisors.
History: G.S. 1868, ch. 21, § 3; October 31; R.S. 1923, 16-103.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-104 Suit against copartners or joint obligors.

16-104.
Suit against copartners or joint obligors.
In all cases of joint obligations and joint assumptions of copartners or others, suits may be brought and prosecuted against any one or more of those who are so liable.
History: G.S. 1868, ch. 21; § 4; October 31; R.S. 1923, 16-104.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-105 Release of persons jointly or severally liable.

16-105.
Release of persons jointly or severally liable.
Any person jointly or severally liable with others for the payment of any debt or demand may be released from such liability by the creditor, and such release shall not discharge the other debtors or obligors beyond the proper proportion of the debt or demand for which the person released was liable.
History: G.S. 1868, ch. 21, § 5; October 31; R.S. 1923, 16-105.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-106 Use of private seals.

16-106.
Use of private seals.
The use of private seals in written contracts (except the seals of corporations) is abolished, and the addition of a private seal to an instrument of writing shall not affect its character in any respect.
History: G.S. 1868, ch. 21, § 6; October 31; R.S. 1923, 16-106.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-107 Import of consideration.

16-107.
Import of consideration.
All contracts in writing, signed by the party bound thereby, or his authorized agent or attorney, shall import a consideration.
History: G.S. 1868, ch. 21, § 7; October 31; R.S. 1923, 16-107.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-108 Want of consideration as defense.

16-108.
Want of consideration as defense.
The want or failure in the whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by one who is not an innocent holder in good faith.
History: G.S. 1868, ch. 21, § 8; October 31; R.S. 1923, 16-108.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-109 Contracts for sale of improvements on government lands.

16-109.
Contracts for sale of improvements on government lands.
All contracts, promises, assumptions or undertakings, either written or verbal, made in good faith, and without fraud, collusion or circumvention, for the sale or purchase of improvements made on the lands owned by the government of the United States, shall be deemed valid, and may be sued upon as other contracts.
History: G.S. 1868, ch. 21, § 9; October 31; R.S. 1923, 16-109.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-110 Conveyances of improvements on public lands.

16-110.
Conveyances of improvements on public lands.
Deeds of quitclaim and other conveyances of improvements upon public lands shall be as binding, and effectual between the parties, for conveying the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises conveyed.
History: G.S. 1868, ch. 21, § 10; October 31; R.S. 1923, 16-110.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-111 Medium of payment.

16-111.
Medium of payment.
That from and after the passage of this act, all obligations of debt, judgments, or executions, stated in terms of dollars, and to be paid in money, if not dischargeable in United States legal-tender notes, shall be payable in either the standard silver or gold coins authorized by the congress of the United States, all stipulations in the contract to the contrary notwithstanding.
History:
L. 1893, ch. 99, § 1; April 5; R.S. 1923, 16-111.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-112 Restraint of trade; penalty.

16-112.
Restraint of trade; penalty.
A person, firm, corporation or association of persons doing business in this state shall not make it a condition of the sale of goods, wares or merchandise that the purchaser shall not sell or deal in the goods, wares or merchandise of any other person, firm, corporation, or association of persons, but the provisions of this section shall not prohibit the appointment of agents or sole agents for the sale of, nor the making of contracts for the exclusive sale of, goods, wares, or merchandise. Whoever, as principal or agent, violates the provisions of this section shall be punished for the first offense by a fine of not less than fifty nor more than one hundred dollars; and for each succeeding offense by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.
History:
L. 1907, ch. 139, § 1; March 6; R.S. 1923, 16-112.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-113 Appointment of process agent by nonresident contractor; exception; filing.

16-113.
Appointment of process agent by nonresident contractor; exception; filing.
(a) Whenever the state or any political subdivision of the state, or any agency or instrumentality thereof, enters into a contract with any person who is not a resident of this state for the construction of any public improvement to be paid for by public funds, such person shall appoint in writing, as such person's agent, a resident of Kansas, except, no appointment under this section is required if the person is a foreign corporation, foreign limited partnership, or foreign limited liability company qualified to do business and in good standing in Kansas.
(b) Process for such person may be served on such agent in any civil action which arises out of the contract and in which the state, political subdivision, agency or instrumentality is a plaintiff. The appointment of such agent shall be filed with the secretary of state as provided in K.S.A. 60-306, and amendments thereto. No person required to appoint such an agent shall receive public moneys pursuant to such person's contract until the appointment has been made and filed as required by this section.
(c) As used in this section, "person" means any individual, partnership or unincorporated association.
History:
L. 1913, ch. 299, § 1; L. 1980, ch. 73, § 1; L. 1993, ch. 179, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-114 Penalty for violating preceding section.

16-114.
Penalty for violating preceding section.
Any person or corporation which shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not more than one thousand dollars.
History:
L. 1913, ch. 299, § 2; March 5; R.S. 1923, 16-114.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-115 Definitions.

16-115.
Definitions.
Whenever used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the context otherwise requires:
(a) "Property" means real or personal property, or both, and any interest therein; and
(b) "person" means any person, firm, partnership, association or corporation.
History:
L. 1969, ch. 304, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-116 Agreements by electric or gas public utilities waiving partition rights or restricting alienation of certain properties authorized; application of act.

16-116.
Agreements by electric or gas public utilities waiving partition rights or restricting alienation of certain properties authorized; application of act.
(a) Any two (2) or more persons who own or intend to own, jointly or as tenants in common, any property that is used or is to be used, in whole or in part, for the generation, transmission or distribution of electricity, or for the production, gathering, storage, processing, transmission or distribution of manufactured or natural gas, may enter into an agreement waiving their respective rights with respect to the partition of such property, or otherwise restricting the alienation thereof, for a period of time ending not later than the abandonment of such use. Without limiting the general application of the foregoing, the rule of law commonly known as the rule against perpetuities and the rule of law commonly known as the rule prohibiting unreasonable restraints on alienation of property shall not be applied to invalidate, render unenforceable or otherwise affect any such agreement.
(b) The provisions of this act shall apply to any such agreement entered into either prior or subsequent to the effective date of this act.
History:
L. 1969, ch. 304, § 2; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-117 Definitions.

16-117.
Definitions.
As used in this act:
(a) "Credit agreement" means an agreement by a financial institution to lend or delay repayment of money, goods or things in action, to otherwise extend credit or to make any other financial accommodation. For purposes of this act the term "credit agreement" does not include the following agreements: Open-end or closed-end promissory notes, real estate mortgages, security agreements, guaranty agreements, letters of credit, deposit account agreements, agreements in connection with deposit accounts for the payment of overdrafts, agreements in connection with student loans insured or guaranteed pursuant to the federal higher education act of 1965, and acts amendatory thereof and supplementary thereto, and agreements in connection with "lender credit cards" as defined in the uniform consumer credit code;
(b) "creditor" means a financial institution which extends credit or extends a financial accommodation under a credit agreement with a debtor;
(c) "debtor" means a person who obtains credit or receives a financial accommodation under a credit agreement with a financial institution; and
(d) "financial institution" means a bank, savings and loan association, savings bank or credit union.
History:
L. 1988, ch. 55, § 1; L. 1989, ch. 70, § 1; L. 1998, ch. 56, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-118 Requirements; failure to comply.

16-118.
Requirements; failure to comply.
(a) A debtor or a creditor may not maintain an action for legal or equitable relief or a defense, based in either case upon a failure to perform on an alleged credit agreement, unless the material terms and conditions of the agreement are in writing and signed by the creditor and the debtor.
(b) All credit agreements shall contain a clear, conspicuous and printed notice to the debtor that states that the written credit agreement is a final expression of the credit agreement between the creditor and debtor and such written credit agreement may not be contradicted by evidence of any prior oral credit agreement or of a contemporaneous oral credit agreement between the creditor and debtor. A written credit agreement shall contain a sufficient space for the placement of nonstandard terms, including the reduction to writing of a previous oral credit agreement and an affirmation, signed or initialed by the debtor and the creditor, that no unwritten oral credit agreement between the parties exists.
(c) Failure to comply with provisions of subsections (a) and (b) shall preclude an action or defense based on any of the following legal or equitable theories: (1) An implied agreement based on course of dealing or performance or on a fiduciary relationship; (2) promissory or equitable estoppel; (3) part performance; or (4) negligent representation.
History:
L. 1988, ch. 55, § 2; L. 1989, ch. 70, § 2; L. 1998, ch. 56, § 2; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-119 Declaration of meaning of original act.

16-119.
Declaration of meaning of original act.
This act is a declaration of the meaning of chapter 55 of the laws of 1988, as originally adopted.
History:
L. 1989, ch. 70, § 3; March 9.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 1 - General Provisions › 16-120 Reimbursement for warranty work.

16-120.
Reimbursement for warranty work.
(a) As used in this section:
(1) "Contract" has the meaning provided by K.S.A. 16-1302 or 16-1402, and amendments thereto.
(2) "Dealer" includes farm equipment dealers, as defined in K.S.A. 16-1202, and amendments thereto, or retailers, as defined in K.S.A. 16-1302 or 16-1402, and amendments thereto.
(3) "Dealership agreement" has the meaning provided by K.S.A. 16-1202, and amendments thereto.
(4) "Equipment" includes farm equipment, as defined in K.S.A. 16-1202, and amendments thereto, outdoor power equipment, as defined in K.S.A. 16-1302, and amendments thereto, or equipment, as defined in K.S.A. 16-1402, and amendments thereto.
(5) "Manufacturer" includes farm equipment manufacturers as defined in K.S.A. 16-1202, and amendments thereto, or suppliers, as defined in K.S.A. 16-1302 or 16-1402, and amendments thereto.
(b) With respect to any equipment sold on or after July 1, 2000, any warranty repair work performed for a consumer by a dealer under the provisions of a manufacturer's express warranty, shall require the manufacturer to reimburse the dealer at an hourly labor rate which is the same as the hourly labor rate the dealer currently charges consumers for nonwarranty repair work.
(c) Nothing in this act shall apply to, or operate or be construed to invalidate, impair or otherwise infringe upon the specific requirements of any contract or dealership agreement between a dealer and a manufacturer entered into prior to the effective date of this act, if such contract or dealership agreement is in effect on the effective date of this act.
(d) The provisions of this section shall not apply to a manufacturer who provides in a written dealer agreement for compensation to a dealer for warranty labor costs either as (1) a discount in the pricing of the equipment to the dealer or, (2) a lump sum payment to the dealer, provided such payment is not less than 5% of the suggested retail price of the equipment.
History:
L. 2000, ch. 83, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 2 - Interest And Charges › 16-201 Legal rate of interest; prejudgment interest rate in civil tort actions.

16-201. Legal rate of interest; prejudgment interest rate in civil tort actions.
(a) Except as provided in subsection (b), creditors shall be allowed to receive interest at the rate of 10% per annum when no other rate of interest is agreed upon, for any money after it becomes due; for money lent or money due on settlement of account, from the day of liquidating the account and ascertaining the balance; for money received for the use of another and retained without the owner's knowledge of the receipt; for money due and withheld by an unreasonable and vexatious delay of payment or settlement of accounts; for all other money due and to become due for the forbearance of payment whereof an express promise to pay interest has been made; and for money due from corporations and individuals to their daily or monthly employees, from and after the end of each month, unless paid within 15 days thereafter.
(b) In all civil tort actions filed on or after July 1, 2023, under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, in which the court determines that prejudgment interest shall be awarded, the judgment creditor shall be allowed to receive interest at the rate per annum of two percentage points below the rate per annum specified in K.S.A. 16-204(e)(1), and amendments thereto.
History:
L. 1889, ch. 164, § 1; L. 1980, ch. 74, § 1; L. 2023, ch. 55, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 2 - Interest And Charges › 16-207a State override of federal preemption.

16-207a.
State override of federal preemption.
The provisions of section 501 (a) (1) of title V of public law 96-221 shall not apply with respect to loans, mortgages, credit sales and advances made in this state on and after the effective date of this act.
History:
L. 1980, ch. 76, § 1; May 17.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 2 - Interest And Charges › 16-207b Contract rate; exceptions.

16-207b.
Contract rate; exceptions.
The provisions of this act shall not apply to loans made under the provisions of article 52 of chapter 12 of the Kansas Statutes Annotated.
History: L. 1980, ch. 75, § 3; L. 1980, ch. 76, § 3; May 17.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 2 - Interest And Charges › 16-207d Rules and regulations; loans secured by real estate; adjustable loans.

16-207d.
Rules and regulations; loans secured by real estate; adjustable loans.
The state bank commissioner, consumer credit commissioner, savings and loan commissioner and credit union administrator shall jointly adopt rules and regulations for the purpose of governing loans made primarily for personal, family or household purposes and made under the provisions of subsection (h) of K.S.A. 16-207, and any amendments thereto, and subsection (8)* of K.S.A. 16a-2-401, and any amendments thereto. Such rules and regulations shall be published in only one place in the Kansas administrative regulations as directed by the state rules and regulations board.
History:
L. 1982, ch. 94, § 2; L. 1983, ch. 75, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 2 - Interest And Charges › 16-214 Interest rate on advance made for purchase or carrying of securities; advance not subject to uniform consumer credit code.

16-214.
Interest rate on advance made for purchase or carrying of securities; advance not subject to uniform consumer credit code.
Whenever advances of money, repayable on demand, are made upon any securities, as defined in K.S.A. 84-8-102(1)(a), and amendments thereto, pledged as collateral for repayment of such advances and in which such advances are used by the borrower only for the purpose of the purchasing or the carrying of such securities, it shall be lawful for a broker-dealer, as defined by K.S.A. 17-12a102, and amendments thereto, to charge, receive or contract to receive and collect, as compensation for making such advances, a rate of interest not to exceed the higher of 10% per annum, or the rate of interest last obtained from a commercial lender by the broker-dealer plus an annual percentage rate of not to exceed 1 1/2%, which rate shall be established by written notification to the borrower. Any such advances shall not be subject to any of the provisions of articles 1 through 9, inclusive, of chapter 16a of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1977, ch. 69, § 1; L. 2004, ch. 154, § 56; July 1, 2005.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-301 Prearranged funeral agreements; conditions.

16-301.
Prearranged funeral agreements; conditions.
Any agreement, contract or plan requiring the payment of money in a lump sum or installments which is made or entered into with any person, association, partnership, firm or corporation for the final disposition of a dead human body, or for funeral or burial services, or for the furnishing of personal property or funeral or burial merchandise, wherein the delivery of the personal property or the funeral or burial merchandise or the furnishing of services is not immediately required, is hereby declared to be against public policy and void, unless all money paid thereunder shall be deposited in a bank or savings and loan association which is authorized to do business in this state and insured by a federal agency, or invested in a credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246, and amendments thereto, all as herein provided, and subject to the terms of an agreement for the benefit of the purchaser of the agreement, contract or plan. For the purposes of this act, personal property or funeral or burial merchandise shall include caskets, vaults and all other articles of merchandise incidental to a funeral service, but shall not include grave lots, grave spaces, grave memorials, tombstones, crypts, niches and mausoleums. This act shall not prohibit the funding of a prearranged funeral agreement with insurance proceeds derived from a policy issued by an insurance company authorized to conduct business in this state.
History:
L. 1953, ch. 54, § 1; L. 1973, ch. 86, § 1; L. 1976, ch. 97, § 1; L. 1983, ch. 76, § 1; L. 1989, ch. 48, § 70; L. 1994, ch. 229, § 3; L. 2002, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-302 Payments, form and deposit of; exceptions.

16-302.
Payments, form and deposit of; exceptions.
(a) Except as authorized by K.S.A. 16-308, and amendments thereto, all funds received pursuant to any agreement, contract or plan governed by K.S.A. 16-301, and amendments thereto, shall be deposited in a bank, credit union or savings and loan association and shall be held by such bank, credit union or savings and loan association in a separate account in the name or names of the purchaser of the merchandise or services and the name of the seller, until released as herein provided.
(b) In addition to the requirements under subsection (a) and except as otherwise provided in subsection (c), a seller which accepts payment under any agreement, contract or plan governed by K.S.A. 16-301, and amendments thereto, shall:
(1) Require such payments to be made in the form of checks, cashier's checks or money orders payable only to the bank, credit union or savings and loan association where deposited; and
(2) deposit such payment in such bank, credit union or savings and loan association within seven business days after receipt.
(c) A seller of agreements, contracts or plans governed by K.S.A. 16-301, and amendments thereto, shall be exempt from the requirements of subsection (b) if the seller maintains commercial insurance providing minimum coverage of $100,000 against employee dishonesty. A seller of agreements, contracts or plans governed by K.S.A. 16-301, and amendments thereto, which is exempt from subsection (b) under this subsection and which accepts payment under any such agreement, contract or plan shall deposit such payment in a bank, credit union or savings and loan association within 30 days after receipt. Evidence of the commercial insurance maintained for compliance with this subsection shall be provided to the secretary of state within 10 days of a written request.
(d) Each funeral establishment which accepts payments from a purchaser under an agreement, contract or plan governed by K.S.A. 16-301, and amendments thereto, and is exempt from subsection (b) under the provisions of subsection (c), shall file with the state board of mortuary arts at the time of each funeral establishment license renewal required under K.S.A. 65-1729, and amendments thereto, evidence of the commercial insurance maintained for compliance with subsection (c). If such insurance lapses, is cancelled or otherwise ceases to be maintained by the funeral establishment, the insurance carrier shall notify immediately the state board of mortuary arts and the secretary of state of such occurrence.
History:
L. 1953, ch. 54, § 2; L. 1973, ch. 86, § 2; L. 1976, ch. 97, § 2; L. 1983, ch. 76, § 2; L. 1989, ch. 48, § 71; L. 1991, ch. 68, § 1; L. 1992, ch. 127, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-303 Payments and earnings; credit life insurance; irrevocable agreements.

16-303. Payments and earnings; credit life insurance; irrevocable agreements.
(a) Except as authorized by K.S.A. 16-308, and amendments thereto, all payments made under such agreement, contract or plan, and any earnings or interest thereon, shall remain with such bank, credit union or savings and loan association until the death of the person for whose service the funds were paid or, except as provided in subsection (c), until demand for payment is made by the purchaser of the merchandise or services to the bank, credit union or savings and loan association, and upon such payment to the purchaser, the contract shall terminate.
(b) At the option of a purchaser, any installment contract may provide for additional payments by the purchaser for the cost of group credit life insurance at such rate as is approved by the commissioner of insurance. In the event of the death of the purchaser, the proceeds shall be treated as funds in accordance with K.S.A. 16-304, and amendments thereto.
(c) At the option of the purchaser, such agreement, contract or plan may be made irrevocable as to the retail price of a casket, urn and outside burial container and on and after July 1, 2021, as to the first $10,000 of funds paid and set aside at the direction of the purchaser. On July 1, 2022, and each July 1 thereafter, such amount shall be increased in an amount equal to the average percentage increase in the consumer price index for all urban consumers in the midwest region as published by the bureau of labor statistics of the United States department of labor. Any interest and earnings accumulated under the agreement, contract or plan may also be irrevocable. Such option shall not prohibit the purchaser from designating a different funeral home at any time prior to death after written notice to the current funeral home, and, upon such notification, all documents and funds shall be transferred as necessary.
History:
L. 1953, ch. 54, § 3; L. 1973, ch. 86, § 3; L. 1976, ch. 97, § 3; L. 1982, ch. 90, § 1; L. 1983, ch. 76, § 3; L. 1989, ch. 48, § 72; L. 1991, ch. 68, § 2; L. 1998, ch. 55, § 1; L. 2004, ch. 41, § 1; L. 2010, ch. 46, § 1; L. 2021, ch. 59, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-304 Payments upon death, conditions; balances; notice; liability.

16-304. Payments upon death, conditions; balances; notice; liability.
(a) If any balance remains in the account upon the death of the person for whose services the funds were paid, the same shall not be paid by such bank, credit union or savings and loan association to the person, association, partnership, firm or corporation until a certified copy of the death certificate of such person, a verification of death form or other acceptable proof of death shall have been furnished to the bank, credit union or savings and loan association, together with a verified statement setting forth that all of the terms and conditions of such agreement have been fully performed by the person, association, partnership, firm or corporation.
(b) If any balance remains in the fund after disposition of the fund in accordance with the terms of the agreement, contract or plan such balance shall inure to the benefit of the estate of the purchaser of the agreement, contract or plan unless the purchaser was a person who received medical assistance from the Kansas department for children and families or a deceased surviving spouse of a recipient of medical assistance and the bank, credit union or savings and loan association has received written notice from the Kansas department for children and families, the funeral home or the recipient, stating that medical assistance has been expended on the recipient for which the Kansas department for children and families may have a claim. If such notice has been received, the balance shall be paid to the secretary for children and families or the secretary's designee to the extent of medical assistance expended on the deceased recipient.
(c) The bank, credit union or savings and loan association shall not be liable to the Kansas department for children and families for the balance in the fund if written notice has not been received and the balance of the fund has been paid to the estate of the purchaser of the agreement as provided above.
History:
L. 1953, ch. 54, § 4; L. 1973, ch. 86, § 5; L. 1976, ch. 97, § 4; L. 1983, ch. 76, § 4; L. 1989, ch. 48, § 73; L. 1996, ch. 123, § 1; L. 2002, ch. 106, § 2; L. 2004, ch. 36, § 1; L. 2006, ch. 71, § 1; L. 2014, ch. 115, § 10; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-305 Penalties.

16-305.
Penalties.
Every person who violates any provision of this act: (a) Other than by misappropriating funds in violation of an agreement shall be guilty of a misdemeanor, and, upon conviction shall be fined not less than $100 nor more than $500, or shall be imprisoned for not less than 10 days nor more than 90 days, or both; and (b) by misappropriating funds in violation of an agreement in an amount:
(1) Of $25,000 or more shall be guilty of a severity level 7, nonperson felony;
(2) of at least $1,000 but less than $25,000 shall be guilty of a severity level 9, nonperson felony; or
(3) of less than $1,000 shall be guilty of a class A nonperson misdemeanor.
History:
L. 1953, ch. 54, § 5, L. 1994, ch. 348, § 1; L. 2006, ch. 194, § 14; May 25.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-306 Injunction.

16-306.
Injunction.
In addition to other remedies, an action of injunction may be brought and maintained by the state of Kansas to enjoin the violation of this act.
History:
L. 1953, ch. 54, § 6; June 30.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-307 Severability.

16-307.
Severability.
The provisions of this act shall be separable, and in case any provision or part thereof shall be held to be unconstitutional or invalid for any reason, the same shall not be held to affect any other paragraph, provision or part of this act.
History:
L. 1953, ch. 54, § 7; June 30.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans › 16-308 Administration of funds; payment into trust fund; investment; payment of administrative costs and taxes; prior existing trusts to comply.

16-308.
Administration of funds; payment into trust fund; investment; payment of administrative costs and taxes; prior existing trusts to comply.
Any contract not providing for administration of payments thereunder in accordance with K.S.A. 16-302 and 16-303, and amendments thereto, shall provide for payment of all money received by the seller to a corporate trustee designated in a trust indenture or indentures referred to in such contract. All money so paid to and held by such corporate trustee, as well as all interest and earnings thereon, shall be held by such corporate trustee for the benefit of the purchaser in a separate account in the name of the purchaser, except that such trust indenture may provide that the funds in such account and in all other separate accounts covered by the same trust indenture may be invested collectively in a fund maintained by such corporate trustee in its capacity as such, if such fund is administered as required by the provisions of K.S.A. 58-1201 et seq., and amendments thereto; that all participations in the collective investment fund shall be on the basis of a proportionate interest in all of the assets in the fund; that not less frequently than once during each period of six months the corporate trustee shall determine the value of the assets in the fund; and the trust indenture may authorize the corporate trustee to charge the reasonable expenses of administering the trust against the income from the fund, including taxes imposed upon the fund or its income, the expenses of audits performed by independent public accountants and the reasonable expenses incurred in servicing mortgages held by the fund, but no compensation shall be paid for services performed for the corporate trustee by the seller or by anyone affiliated or connected with the seller which exceeds an annual fee of 1% of the current fair market value of the trust to be computed and distributed on either an annual, quarterly or monthly basis. Any seller who has presently established any trust for the purpose of complying with K.S.A. 16-301 to 16-307, inclusive, and amendments thereto, which does not comply with the applicable provisions of this act, is hereby given a period of one year after the effective date of this act within which to amend the trust indenture applicable thereto, to alter its portfolio of investments and to consummate any other changes necessary to comply with this act.
History:
L. 1973, ch. 86, § 4; L. 1993, ch. 131, § 1; July 1.