reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 20 - Competitive Bid Protection Act › 16-2003 Certain contract provisions prohibited.

16-2003. Certain contract provisions prohibited.
(a) Unless otherwise required by law, each governmental entity within this state that contracts for public works construction shall ensure that neither the awarding governmental entity nor any agent responsible for procuring a contract directly between the governmental entity and a contractor shall not:
(1) Require any bidder, contractor, subcontractor or material supplier to enter into or agree to enter into any prehire agreement, project labor agreement, collective bargaining agreement or any other similar agreement with one or more labor organizations on the same or other related construction projects; or
(2) discriminate against or treat differently any bidder, contractor, subcontractor or material supplier for becoming, refusing to become or remaining signatories or otherwise to agree to enter into any prehire agreement, project labor agreement, collective bargaining agreement or any other similar agreement with one or more labor organizations on the same or other related construction projects.
(b) Nothing in this section shall prohibit:
(1) Any bidder, contractor, subcontractor, construction manager, design-builder or material supplier of any tier from voluntarily entering into agreements described in paragraph (1) of subsection (a); or
(2) any contractor, construction manager or design builder from requiring its subcontractors or material suppliers of any tier to enter into a collective bargaining agreement.
History:
L. 2012, ch. 153, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 20 - Competitive Bid Protection Act › 16-2004 Construction of act; exceptions.

16-2004. Construction of act; exceptions.
No provision of this act shall be construed to:
(a) Prohibit any employer or other party from entering into any agreement or engaging in any other activity protected by the national labor relations act, 29 U.S.C. §§ 151 to 169; and
(b) interfere with labor relations of any party that is protected under the national labor relations act, 29 U.S.C. §§ 151 to 169.
History:
L. 2012, ch. 153, § 4; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 20 - Competitive Bid Protection Act › 16-2005 Definitions.

16-2005. Definitions.
For the purposes of this act:
(a) "Governmental entity" means a state agency or a municipality as the context requires.
(b) "Municipality" means the same as specified in K.S.A. 12-105a, and amendments thereto.
(c) "State agency" means the same as specified in K.S.A. 75-3728a, and amendments thereto.
History:
L. 2012, ch. 153, § 5; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-101 (UCCC) Short title.

16a-1-101.
(UCCC) Short title.
K.S.A. 16a-1-101 through 16a-9-102 shall be known and may be cited as the uniform consumer credit code.
History: L. 1973, ch. 85, § 1; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-102 (UCCC) Purposes; rules of construction.

16a-1-102.
(UCCC) Purposes; rules of construction.
(1) K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, shall be liberally construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of this act are:
(a) To simplify, clarify and modernize the law governing retail installment sales, consumer credit and consumer loans;
(b) to provide rate ceilings to assure an adequate supply of credit to consumers;
(c) to further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable cost;
(d) to protect consumer buyers, lessees, and borrowers against unfair practices by some suppliers of consumer credit, having due regard for the interests of legitimate and scrupulous creditors;
(e) to permit and encourage the development of fair and economically sound consumer credit practices; and
(f) to make uniform the law, including administrative rules and regulations, among the various jurisdictions.
(3) A reference to a requirement imposed by K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, includes reference to a related rule and regulation of the administrator adopted pursuant to this act.
History:
L. 1973, ch. 85, § 2; L. 1981, ch. 93, § 2; L. 1988, ch. 85, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-103 (UCCC) Supplementary general principles of law applicable.

16a-1-103.
(UCCC) Supplementary general principles of law applicable.
Unless displaced by the particular provisions of K.S.A. 16a-1-101 through 16a-9-102, the uniform commercial code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.
History: L. 1973, ch. 85, § 3; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-104 (UCCC) Construction against implicit repeal.

16a-1-104.
(UCCC) Construction against implicit repeal.
K.S.A. 16a-1-101 through 16a-9-102 being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
History: L. 1973, ch. 85, § 4; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-105 (UCCC) Severability.

16a-1-105.
(UCCC) Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1973, ch. 85, § 5; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-107 (UCCC) Waiver; agreement to forego rights; settlement of claims.

16a-1-107.
(UCCC) Waiver; agreement to forego rights; settlement of claims.
(1) Except as otherwise provided in K.S.A. 16a-1-101 through 16a-9-102, a consumer may not waive or agree to forego rights or benefits under such sections of this act.
(2) A claim by a consumer against a creditor for an excess charge, other violation of K.S.A. 16a-1-101 through 16a-9-102, or civil penalty, or a claim against a consumer for default or breach of a duty imposed by such sections of this act, if disputed in good faith, may be settled by agreement.
(3) A claim, whether or not disputed, against a consumer may be settled for less value than the amount claimed.
(4) A settlement in which the consumer waives or agrees to forego rights or benefits under K.S.A. 16a-1-101 through 16a-9-102 is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the consumer, any deception or coercion practiced upon him, the nature and extent of the legal advice received by him, and the value of the consideration are relevant to the issue of unconscionability.
History: L. 1973, ch. 85, § 6; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-108 (UCCC) Effect of act on powers of organization.

16a-1-108.
(UCCC) Effect of act on powers of organization.
(1) K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, prescribes maximum charges for all creditors, except lessors and those excluded (K.S.A. 16a-1-202, and amendments thereto), extending consumer credit including consumer credit sales (subsection (14) of K.S.A. 16a-1-301, and amendments thereto) and consumer loans (subsection (17) of K.S.A. 16a-1-301, and amendments thereto), and displaces existing limitations on the powers of those creditors based on maximum charges.
(2) With respect to sellers of goods or services, small loan companies, licensed lenders, consumer and sales finance companies, industrial banks and loan companies, and commercial banks and trust companies, this act displaces existing limitations on their powers based solely on amount or duration of credit.
(3) Except as provided in subsection (1) and in the article on effective date and repealer (article 9), K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, does not displace limitations on powers of credit unions, savings banks, savings and loan associations, or other thrift institutions whether organized for the profit of shareholders or as mutual organizations.
(4) Except as provided in subsections (1) and (2) and in the article on effective date and repealer (article 9), K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, does not displace:
(a) Limitations on powers of supervised financial organizations (subsection (44) of K.S.A. 16a-1-301, and amendments thereto) with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land, or other similar restrictions designed to protect deposits, or
(b) limitations on powers an organization is authorized to exercise under the laws of this state or the United States.
History:
L. 1973, ch. 85, § 7; L. 1981, ch. 93, § 3; L. 1993, ch. 200, § 2; L. 1999, ch. 107, § 6; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-109 (UCCC) Transactions subject to act by agreement.

16a-1-109.
(UCCC) Transactions subject to act by agreement.
The parties to a sale, lease, or loan or modification thereof, which is not a consumer credit transaction may agree in a writing signed by the parties that the transaction is subject to the provisions of K.S.A. 16a-1-101 through 16a-9-102 applying to consumer credit transactions. If the parties so agree the transaction is a consumer credit transaction for the purposes of K.S.A. 16a-1-101 through 16a-9-102.
History: L. 1973, ch. 85, § 8; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 1 - General Provisions And Definitions › 16a-1-202 (UCCC) Exclusions.

16a-1-202.
(UCCC) Exclusions.
K.S.A. 16a-1-101 through 16a-6-414 do not apply to
(1) extensions of credit to government or governmental agencies or instrumentalities;
(2) except as otherwise provided in the article on insurance (article 4), the sale of insurance by an insurer if the insured is not obligated to pay installments of the premium and the insurance may terminate or be cancelled after nonpayment of an installment of the premium;
(3) transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment;
(4) except with respect to disclosure, pawnbrokers licensed and regulated pursuant to statutes of this state;
(5) transactions covered by the Kansas insurance premium finance company act. (K.S.A. 40-2601 to 40-2613).
History: L. 1973, ch. 85, § 10; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-101 (UCCC) Short title.

16a-2-101.
(UCCC) Short title.
This article shall be known and may be cited as revised uniform consumer credit code—finance charges and related provisions.
History: L. 1973, ch. 85, § 14; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-102 (UCCC) Scope.

16a-2-102.
(UCCC) Scope.
Part 2 of this article applies to consumer credit sales. Parts 3 and 4 apply to consumer loans, including loans made by supervised lenders. Part 5 applies to other charges and modifications with respect to consumer credit transactions. Part 6 applies to other credit transactions.
History: L. 1973, ch. 85, § 15; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-104 (UCCC) Payment credit date.

16a-2-104.
(UCCC) Payment credit date.
(1) A creditor shall credit a payment to the consumer's account on the date of receipt, except when a delay in crediting does not result in a finance charge or other charge.
(2) Notwithstanding subsection (1), if a creditor specifies, in a writing delivered to the consumer, reasonable requirements for the consumer to follow in making payments, but accepts a payment that does not conform to those requirements, then the creditor shall credit the payment within five days after receipt.
(3) This section shall be supplemental to and a part of the uniform consumer credit code.
History:
L. 1999, ch. 107, § 4; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-202 Finance charge for consumer credit sales pursuant to open end credit.

16a-2-202.
Finance charge for consumer credit sales pursuant to open end credit.
(1) With respect to a consumer credit sale made pursuant to open end credit, a seller may charge a finance charge at any rate agreed to by the parties.
(2) A charge may be made in each billing cycle which is a percentage of an amount no greater than:
(a) The average daily balance of the account, which is the sum of the actual amounts outstanding each day during the billing cycle divided by the number of days in the cycle;
(b) the unpaid balance of the account on the last day of the billing cycle.
(3) If the billing cycle is monthly, the charges may not exceed 1/12 of the annual rate agreed to by the consumer. If the billing cycle is not monthly, the maximum charge is that percentage which bears the same relation to the applicable monthly percentage as the number of days in the billing cycle bears to 30. For purposes of this subsection, a variation of not more than four days from month to month is "the last day of the billing cycle."
(4) For any period in which a finance charge is due, the parties may agree on a minimum amount.
(5) This section does not apply to a sale of an interest in land. Subsection (11) of K.S.A. 16a-2-401, and amendments thereto, governs the limitations on finance charges for a contract for deed to real estate where the parties agree in writing to make the transaction subject to the uniform consumer credit code.
History:
L. 1973, ch. 85, § 17; L. 1980, ch. 77, § 2; L. 1981, ch. 94, § 2; L. 1982, ch. 93, § 2; L. 1983, ch. 79, § 2; L. 1985, ch. 82, § 2; L. 1988, ch. 85, § 4; L. 1988, ch. 86, § 2; L. 1997, ch. 90, § 2; L. 1999, ch. 107, § 11; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-301 (UCCC) Authority to make supervised loans; residential mortgage loan origination; registration required.

16a-2-301.
(UCCC) Authority to make supervised loans; residential mortgage loan origination; registration required.
(1) Unless a person is a supervised financial organization; or has first obtained a license from the administrator authorizing such person to make supervised loans; or is the federal deposit insurance corporation acting in its corporate capacity or as receiver, such person shall not engage in the business of:
(a) Making supervised loans;
(b) taking assignments of and directly or indirectly, including through the use of servicing contracts or otherwise, undertaking collection of payments from debtors arising from supervised loans, but such person may collect for three months without a license if the person promptly applies for a license and such person's application has not been denied; or
(c) taking assignments of and directly or indirectly, including through the use of servicing contracts or otherwise, enforcing rights against debtors arising from supervised loans, but such person may enforce for three months without a license if the person promptly applies for a license and such person's application has not been denied.
(2) Residential mortgage loan origination shall only be conducted in this state by an individual who has first been registered with the administrator as a residential mortgage loan originator and maintains a valid unique identifier issued by the nationwide mortgage licensing system and registry if operational at the time of registration.
(a) Residential mortgage loan origination shall only be conducted at or from a supervised lender and a registrant shall only engage in residential mortgage loan origination on behalf of one supervised lender.
(b) A supervised lender shall be responsible for all mortgage loan origination conducted on their behalf by residential mortgage loan originators or other employees.
(3) Nothing in this section shall be construed to require the licensing of an attorney who is forwarded contracts for collection.
History:
L. 1973, ch. 85, § 18; L. 1980, ch. 76, § 6; L. 1985, ch. 83, § 1; L. 1988, ch. 85, § 5; L. 2009, ch. 29, § 16; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-307 (UCCC) Restrictions on interest in land as security.

16a-2-307.
(UCCC) Restrictions on interest in land as security.
With respect to a consumer loan in which the finance charge exceeds 12% and the amount financed is $3,000 or less, a lender may not contract for an interest in land as security. A security interest taken in violation of this section is void.
History:
L. 1973, ch. 85, § 24; L. 1999, ch. 107, § 14; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-308 (UCCC) Regular schedule of payments; maximum loan term.

16a-2-308.
(UCCC) Regular schedule of payments; maximum loan term.
If consumer loans in which the finance charge exceeds twelve percent (12%), not made pursuant to open end credit or lender credit cards issued by a licensed lender, and in which the amount financed is one thousand dollars ($1,000) or less are payable in installments, they shall be scheduled to be payable in substantially equal installments at substantially equal periodic intervals except to the extent that the schedule of payments is adjusted to the seasonal or irregular income of the debtor, and
(a) over a period of not more than thirty-seven (37) calendar months if the amount financed is more than three hundred dollars ($300), or
(b) over a period of not more than twenty-five (25) calendar months if the amount financed is three hundred dollars ($300) or less. The debtor's schedule of payments may be extended to a longer repayment period subsequent to the execution of the loan agreement pursuant to K.S.A. 16a-2-502 or 16a-2-503, and amendments thereto. The default of the borrower shall not be considered as having extended the loan beyond the prescribed time limits.
History:
L. 1973, ch. 85, § 25; L. 1977, ch. 71, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-309 Conduct of business; other than making loans.

16a-2-309.
Conduct of business; other than making loans.
A licensee may conduct the business of making loans under K.S.A. 16a-1-101 through 16a-9-102 within any office, room or place of business in which any other business is solicited or engaged in, or in association or conjunction therewith, unless the commissioner shall find, after a hearing, that the other business is of such nature that such conduct tends to conceal evasion of such portion of this act or of the rules and regulations made thereunder and shall order such licensee in writing to desist from such conduct.
History: L. 1973, ch. 85, § 26; L. 1998, ch. 106, § 3; April 23.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-402 (UCCC) Consumer loans pursuant to open end credit; allowable charges per billing cycle.

16a-2-402.
(UCCC) Consumer loans pursuant to open end credit; allowable charges per billing cycle.
(1) This section applies only to consumer loans pursuant to open end credit.
(2) A charge may be made in each billing cycle which is a percentage of an amount no greater than:
(a) The average daily balance of the account, which is the sum of the actual amounts outstanding each day during the billing cycle divided by the number of days in the cycle;
(b) the unpaid balance of the account on the last day of the billing cycle.
(3) If the billing cycle is monthly, the charge may not exceed 1/12 of the annual rate agreed to by the consumer. If the billing cycle is not monthly, the maximum charge is that percentage which bears the same relation to the applicable monthly percentage as the number of days in the billing cycle bears to 30. For the purposes of this section, a variation of not more than four days from month to month is "the last day of the billing cycle."
History:
L. 1973, ch. 85, § 28; L. 1999, ch. 107, § 16; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-403 Prohibiting surcharge on credit or debit cards.

16a-2-403.
Prohibiting surcharge on credit or debit cards.
No seller or lessor in any sales or lease transaction or any credit or debit card issuer may impose a surcharge on a card holder who elects to use a credit or debit card in lieu of payment by cash, check or similar means. A surcharge is any additional amount imposed at the time of the sales or lease transaction by the merchant, seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit or debit card.
History:
L. 1986, ch. 90, § 2; L. 1999, ch. 107, § 17; L. 2010, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-405 Payday loans to military borrowers; restrictions.

16a-2-405.
Payday loans to military borrowers; restrictions.
(a) Any person who makes a loan under the provisions of K.S.A. 16a-2-404, and amendments thereto, shall:
(1) Not garnish any wages or salary paid to a military borrower for service in the armed forces.
(2) Defer all collection activity against a military borrower who has been deployed to a combat or combat support posting for the duration of such posting.
(3) Not contact any person in the military chain of command of a military borrower in an attempt to collect such loan.
(4) Honor all terms of any repayment agreement between the person making such loan and:
(A) The military borrower; or
(B) any military counselor or third party credit counselor negotiating on behalf of the military borrower.
(5) Not make any loan to any military borrower whenever the military base commander has declared such person's place of business off limits to military personnel.
(b) For the purposes of this section, "military borrower" means any of the following that have been called to active duty:
(1) Any member of the armed forces of the United States;
(2) any member of the national guard; or
(3) any member of the armed forces reserves.
(c) This section shall be supplemental to and a part of the uniform consumer credit code.
History:
L. 2005, ch. 144, § 22; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-502 (UCCC) Delinquency charges.

16a-2-502.
(UCCC) Delinquency charges.
(1) The parties to a consumer credit transaction may contract for a delinquency charge on any installment not paid in full within 10 days after its scheduled or deferred due date in an amount not exceeding 5% of the unpaid amount of the installment or $25, whichever is less.
(2) As an alternative to the delinquency charge set forth in subsection (1), the parties to a consumer credit transaction may contract for a delinquency charge not to exceed $10 on any installment not paid in full within 10 days after its scheduled or deferred due date, except that if the scheduled payment amount is $25 or less, the maximum delinquency charge shall be $5.
(3) A delinquency charge may be collected only once on an installment however long it remains in default. A delinquency charge may be collected at the time it accrues or at any time thereafter.
(4) No delinquency charge may be collected on an installment which is paid in full within 10 days after its scheduled or deferred installment due date even though an earlier maturing installment or a delinquency charge on an earlier installment may not have been paid in full.
(5) For delinquency charge purposes, a payment made prior to the due date of the next installment payment shall be applied to the previous installment. For all other purposes, payments are applied to installments in the order in which they fall due.
(6) Notwithstanding subsections (1), (2), (4) and (5), the parties to a lender credit card agreement may contract for a delinquency charge in an amount agreed to by the consumer and may impose such charge on any installment not paid in full on the next business day following the scheduled due date of the delinquent payment.
(7) Notwithstanding subsections (1), (2), (4), (5) and (6), no delinquency charge may be collected on a lender credit card installment which is paid in full on the next business day following the scheduled or deferred due date even though an earlier maturing installment or a delinquency charge on an earlier installment may not have been paid in full.
History:
L. 1973, ch. 85, § 30; L. 1975, ch. 127, § 3; L. 1988, ch. 85, § 7; L. 1988, ch. 86, § 4; L. 1988, ch. 87, § 4; L. 1992, ch. 46, § 1; L. 1993, ch. 200, § 8; L. 1994, ch. 39, § 1; L. 1996, ch. 166, § 4; L. 1999, ch. 107, § 19; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-504 (UCCC) Finance charge on refinancing.

16a-2-504.
(UCCC) Finance charge on refinancing.
With respect to a consumer credit transaction, the creditor may by agreement with the consumer refinance the unpaid balance and may contract for and receive a finance charge based on the amount financed resulting from the refinancing at a rate not exceeding that permitted by the provisions on finance charge for consumer credit sales other than open end credit (section 16a-2-201) if a consumer credit sale is refinanced, or for consumer loans (subsections (1) or (2) of section 16a-2-401, whichever is appropriate) if a consumer loan is refinanced. For the purpose of determining the finance charge permitted, the amount financed resulting from the refinancing shall be comprised of the total of the unpaid balance and the accrued charges on the date of the refinancing.
History: L. 1973, ch. 85, § 32; L. 1993, ch. 200, § 9; January 1, 1994.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-505 (UCCC) Finance charge on consolidation.

16a-2-505.
(UCCC) Finance charge on consolidation.
(1) If a consumer owes an unpaid balance to a creditor with respect to a consumer credit transaction and becomes obligated on another consumer credit transaction with the same creditor, the parties may agree to a consolidation resulting in a single schedule of payments. The parties may agree to add the unpaid amount of the amount financed and accrued charges on the date of consolidation to the amount financed with respect to the subsequent consumer credit transaction.
The creditor may contract for and receive a finance charge as provided in subsection (2) based on the aggregate amount financed resulting from the consolidation.
(2) If the debts consolidated arise exclusively from consumer credit sales the transaction is a consolidation with respect to a consumer credit sale and the amount of the finance charge is governed by the provisions on finance charge for consumer credit sales other than open end credit (section 16a-2-201). If the debts consolidated include a debt arising from a consumer loan the transaction is a consolidation with respect to a consumer loan and the amount of the finance charge is governed by the provisions on finance charge for consumer loans (subsection (1) or (2) of section 16a-2-401), as appropriate.
(3) If a consumer owes an unpaid balance to a creditor with respect to a consumer credit transaction arising out of a consumer credit sale, and becomes obligated on another consumer credit transaction arising out of another consumer credit sale by the same seller, the parties may agree to a consolidation resulting in a single schedule of payments either pursuant to subsection (1) or by adding together the unpaid balances with respect to the two sales.
History: L. 1973, ch. 85, § 33; L. 1993, ch. 200, § 10; January 1, 1994.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-506 (UCCC) Advances to perform covenants of consumer.

16a-2-506.
(UCCC) Advances to perform covenants of consumer.
(1) If the agreement with respect to a consumer credit transaction contains covenants by the consumer to perform certain duties pertaining to insuring or preserving collateral and the creditor pursuant to the agreement pays for performance of the duties on behalf of the consumer, he may, after giving prior notification and giving the buyer reasonable opportunity to perform, add the amounts paid to the debt. Within a reasonable time after advancing any sums, he shall state to the buyer in writing the amount of the sums advanced, any charges with respect to this amount, and any revised payment schedule and, if the duties of the consumer performed by the creditor pertain to insurance, a brief description of the insurance paid for by the creditor including the type and amount of coverages. No further information need be given.
(2) A finance charge may be made for sums advanced pursuant to subsection (1) at a rate not exceeding the rate stated to the consumer pursuant to law in a disclosure statement, except that with respect to open end credit the amount of the advance may be added to the unpaid balance of the debt and the creditor may make a finance charge not exceeding that permitted by the appropriate provisions on finance charge for consumer credit sales pursuant to open end credit (section 16a-2-202) or for consumer loans (subsection (1) or (2) of section 16a-2-401), whichever is appropriate.
History: L. 1973, ch. 85, § 34; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-507 (UCCC) Recovery of collection costs and attorney fees.

16a-2-507.
(UCCC) Recovery of collection costs and attorney fees.
With respect to a consumer credit transaction, the agreement may provide for the payment by the debtor of reasonable costs of collection, including, but not limited to, court costs, attorney fees and collection agency fees, except that such costs of collection: (1) May not include costs that were incurred by a salaried employee of the creditor or its assignee; (2) may not include the recovery of both attorney fees and collection agency fees; and (3) shall not be in excess of 15% of the unpaid debt after default. A provision in violation of this section is unenforceable.
History:
L. 1973, ch. 85, § 35; L. 1994, ch. 276, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-508 (UCCC) Conversion to open end credit.

16a-2-508.
(UCCC) Conversion to open end credit.
The parties may agree to add the unpaid balance of a consumer credit transaction not made pursuant to open end credit to the consumer's open end credit account with the creditor. The unpaid balance so added is an amount equal to the amount financed determined according to the provisions on finance charge on refinancing (section 16a-2-504).
History: L. 1973, ch. 85, § 36; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-509 (UCCC) Right to prepay.

16a-2-509.
(UCCC) Right to prepay.
The consumer may prepay in full the unpaid balance of a consumer credit transaction at any time without penalty.
History: L. 1973, ch. 85, § 37; L. 1993, ch. 200, § 11; January 1, 1994.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 2 - Finance Charges And Related Provisions › 16a-2-510 (UCCC) Prepayment; minimum charges; judgments; rebate.

16a-2-510.
(UCCC) Prepayment; minimum charges; judgments; rebate.
(1) Upon prepayment in full, but not upon a refinancing (K.S.A. 16a-2-504, and amendments thereto), of a consumer credit transaction other than one pursuant to open end credit, the creditor may collect or retain a minimum charge of $5 in a transaction which had an amount financed of $75 or less, or $7.50 in a transaction which had an amount financed of more than $75, if the minimum charge was contracted for and the finance charge earned at the time of prepayment is less than the minimum charge contracted for. In those instances where the amounts financed are under or over $75 and the finance charge is less than the minimum provided therefor, then the finance charge so contracted may be retained as the minimum finance charge.
(2) If the maturity is accelerated for any reason and judgment is obtained, the judgment shall be taken in accordance with the provisions of K.S.A. 16-205, and amendments thereto.
(3) Upon prepayment in full of a consumer credit contract by proceeds of consumer credit insurance, K.S.A. 16a-4-103, and amendments thereto, the consumer or the consumer's estate is entitled to the same rebate as though the consumer had prepaid the agreement on the date the proceeds of the insurance are paid to the creditor, but no later than 10 business days after satisfactory proof of loss is furnished to the creditor.
History:
L. 1973, ch. 85, § 38; L. 1974, ch. 90, § 2; L. 1982, ch. 93, § 4; L. 1988, ch. 85, § 8; L. 1988, ch. 86, § 5; L. 1993, ch. 200, § 12; L. 1999, ch. 107, § 21; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-101 (UCCC) Short title.

16a-3-101.
(UCCC) Short title.
This article shall be known and may be cited as revised uniform consumer credit code—regulation of agreements and practices.
History: L. 1973, ch. 85, § 39; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-102 (UCCC) Scope.

16a-3-102.
(UCCC) Scope.
Parts 2, 3, and 4 of this article apply, respectively, to disclosure, limitations on agreements and practices, and limitations on consumer's liability with respect to consumer credit transactions.
History: L. 1973, ch. 85, § 40; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-201 (UCCC) Consumer leases.

16a-3-201.
(UCCC) Consumer leases.
A lessor shall disclose to the consumer the information required by rules and regulations adopted by the administrator pursuant to K.S.A. 16a-6-117, and amendments thereto.
History:
L. 1973, ch. 85, § 41; L. 1992, ch. 46, § 2; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-202 (UCCC) Notice to consumer.

16a-3-202.
(UCCC) Notice to consumer.
A written agreement which requires or provides for the signature of the consumer and which evidences a consumer credit transaction other than one pursuant to open end credit shall contain a clear, conspicuous, and printed notice to the consumer that he should not sign the agreement before reading it, and that he is entitled to a copy of the agreement and to prepay the unpaid balance at any time without penalty. The following notice if clearly and conspicuously printed complies with this section:
NOTICE TO CONSUMER: 1. Do not sign this agreement before you read it. 2. You are entitled to a copy of this agreement. 3. You may prepay the unpaid balance at any time without penalty.
History: L. 1973, ch. 85, § 42; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-203 (UCCC) Notice of assignment.

16a-3-203.
(UCCC) Notice of assignment.
The consumer is authorized to pay the original creditor until he receives notification of assignment of rights to payment pursuant to a consumer credit transaction and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the consumer, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the consumer may pay the original creditor.
History: L. 1973, ch. 85, § 43; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-203a Receipt of payment by assignor.

16a-3-203a.
Receipt of payment by assignor.
If payment is received by the assignor of a consumer credit contract for the benefit of the assignee, the date of payment shall be deemed to be the day payment is received by the assignor.
History:
L. 1996, ch. 166, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-204 (UCCC) Change in terms of open end credit accounts.

16a-3-204.
(UCCC) Change in terms of open end credit accounts.
(1) If a creditor makes a change in the terms of an open end credit account without complying with this section any additional cost or charge to the consumer resulting from the change is an excess charge and subject to the remedies available to consumers (section 16a-5-201) and to the administrator (section 16a-6-113).
(2) A creditor may change the terms, including the finance charge, of an open end credit account whether or not the change is authorized by prior agreement. Except as provided in subsection (3), the lender shall give to the consumer written notice of any change at least 30 days before the effective date of the change.
(3) The notice specified in subsection (2) is not required if:
(a) The consumer elects to pay an amount designated on a billing statement as including a new charge for a benefit offered to the consumer when the benefit and charge constitute the change in terms and when the billing statement also states the amount payable if the new charge is excluded;
(b) the change involves no significant cost to the consumer; or
(c) the change applies only to debts incurred after a date specified in a notice of the change.
(4) The notice provided for in this section is given to the consumer when mailed to the consumer at the address used by the creditor for sending periodic billing statements.
History:
L. 1973, ch. 85, § 44; L. 1980, ch. 77, § 4; L. 1981, ch. 94, § 4; L. 1982, ch. 93, § 5; L. 1983, ch. 79, § 4; L. 1985, ch. 82, § 4; L. 1987, ch. 81, § 1; L. 1993, ch. 49, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-205 (UCCC) Receipts; statements of account; evidence of payment.

16a-3-205.
(UCCC) Receipts; statements of account; evidence of payment.
(1) The creditor shall deliver or mail to the consumer, without request, a written receipt for each payment by coin or currency on an obligation pursuant to a consumer credit transaction. A periodic statement showing a payment received by mail complies with this subsection.
(2) Upon written request of the consumer, the person to whom an obligation is owed pursuant to a consumer credit transaction, other than one pursuant to open end credit, shall provide a written statement of the dates and amounts of payments made within the past 15 months and the amount required to pay the debt in full. The statement shall be provided without charge.
(3) After a consumer has fulfilled all obligations with respect to a consumer credit transaction, other than one pursuant to open end credit, the person to whom the obligation was owed shall upon request of the consumer, deliver or mail to the consumer written evidence acknowledging payment in full of all obligations with respect to the transaction.
History:
L. 1973, ch. 85; § 45; L. 2005, ch. 144, § 13; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-206 (UCCC) Compliance with rules and regulations; truth in lending.

16a-3-206.
(UCCC) Compliance with rules and regulations; truth in lending.
A creditor shall disclose to the consumer the information required by the rules and regulations adopted by the administrator pursuant to K.S.A. 16a-6-117, and amendments thereto.
History:
L. 1973, ch. 85, § 46; L. 1981, ch. 93, § 6; L. 1987, ch. 80, § 2; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-207 Consumer loans secured by certain real estate mortgages; appraisals and notice.

16a-3-207.
Consumer loans secured by certain real estate mortgages; appraisals and notice.
(1) The provisions of this section apply only to a consumer loan which is secured by a first mortgage or a second mortgage on the consumer's principal residence. The provisions of this section do not apply to a lender who is a supervised financial organization.
(2) Before making a loan subject to this section, a lender shall obtain the appraised value of the real estate to be encumbered. The appraisal evidencing the appraised value shall be retained by the lender and preserved in accordance with the recordkeeping requirements set forth in K.S.A. 16a-2-304, and amendments thereto.
(3) If, based upon the appraisal, the loan to value ratio of the loan exceeds 100%, then the lender shall deliver to the consumer:
(a) A free copy of the appraisal; and
(b) a written notice regarding high loan-to-value mortgages and the availability of consumer credit counseling. The administrator may adopt rules and regulations regarding the form of the notice to be delivered to the consumer and the names, addresses and telephone numbers of selected consumer credit counseling providers.
(4) The notice referred to in subsection (3) shall be given to the consumer not less than three days before the loan is made. The notice must be retained by the lender and preserved in accordance with the record-keeping requirements set forth in K.S.A. 16a-2-304, and amendments thereto.
(5) If, within three days after receiving the notice, the consumer elects not to enter into the loan transaction, then the lender must promptly refund to the consumer any application fees or other amounts paid by the consumer to the lender. However, the lender is not required to refund any bona fide out-of-pocket costs incurred by the lender before the consumer elected not to enter into the loan transaction, provided that such costs were paid or are payable to a person or persons not related to the lender. Notwithstanding the provisions of this subsection, a bona fide appraisal fee paid or payable to a person related to the lender need not be refunded to the consumer.
(6) This section shall be supplemental to and a part of the uniform consumer credit code.
History:
L. 1999, ch. 107, § 1; L. 2000, ch. 64, § 2; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-208 Advertising; prohibited conduct.

16a-3-208.
Advertising; prohibited conduct.
(1) A supervised lender shall not, directly or indirectly, make a false, misleading or deceptive advertisement regarding loans or the availability of loans.
(2) A supervised lender shall not advertise any size of loan, security required for a loan, rate of charge or other conditions of lending except with the full intent of making loans at those rates, or lower rates, and under those conditions or conditions more favorable to the consumer, to loan applicants who meet the standards or qualifications prescribed by the supervised lender.
(3) This section shall be supplemental to and a part of the uniform consumer credit code.
History:
L. 1999, ch. 107, § 2; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-209 Calendar days used for computing time.

16a-3-209.
Calendar days used for computing time.
(a) Unless otherwise specifically stated, for the purposes of K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, in computing any period of time, calendar days shall be used. The day of the act, event or default from which the designated period of time begins to run shall not be included. Saturdays, Sundays and legal holidays are included, unless the last day of the period so computed is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. "Legal holiday" includes any day designated as a holiday by the Federal Reserve Bank.
(b) This section shall be part of and supplemental to the uniform consumer credit code.
History:
L. 2009, ch. 29, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-301 (UCCC) Security in sales or leases.

16a-3-301.
(UCCC) Security in sales or leases.
(1) With respect to a consumer credit sale, a seller may take a security interest in the property sold. In addition, a seller may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in land to which the goods are affixed or which is maintained, repaired or improved as a result of the sale of the goods or services, if in the case of a security interest in land the debt secured is $3,000 or more, or, in the case of a security interest in goods the debt secured is $900 or more. Except as provided with respect to cross-collateral (K.S.A. 16a-3-302, and amendments thereto) a seller may not otherwise take a security interest in property of the buyer to secure the debt arising from a consumer credit sale.
(2) With respect to a consumer lease, a lessor may not take a security interest in property of the lessee to secure the debt arising from the lease.
(3) A security interest taken in violation of this section is void.
History:
L. 1973, ch. 85, § 47; L. 1981, ch. 93, § 7; L. 1999, ch. 107, § 22; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-302 (UCCC) Cross-collateral.

16a-3-302.
(UCCC) Cross-collateral.
(1) In addition to contracting for a security interest pursuant to the provisions on security in sales or leases (section 16a-3-301), a seller in a consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller has an existing security interest in the other property. The seller may also contract for a security interest in the property sold in the subsequent sale as security for the previous debt.
(2) If the seller contracts for a security interest in other property pursuant to this section, the rate of credit service charge thereafter on the aggregate unpaid balances so secured may not exceed that permitted if the balances so secured were consolidated pursuant to the provisions on consolidation involving a refinancing (subsection (1) of section 16a-2-505). The seller has a reasonable time after so contracting to make any adjustments required by this section. "Seller" in this section does not include an assignee not related to the original seller.
History: L. 1973, ch. 85, § 48; January 1, 1974.