reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4623 Refunds to members.

17-4623.
Refunds to members.
Revenues of a cooperative for any fiscal year in excess of the amount thereof necessary:
(a) To defray the expenses of the operation and maintenance of the facilities of the cooperative during such fiscal year;
(b) to pay interest and principal obligations of the cooperative coming due in such fiscal year;
(c) to finance, or to provide a reserve for the financing of, the construction or acquisition by the cooperative of additional facilities to the extent determined by the board of trustees;
(d) to provide a reasonable reserve for working capital;
(e) to provide a reserve for the payment of indebtedness of the cooperative in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year shall, unless otherwise determined by a vote of the members, be distributed by the cooperative to its members and to other persons to whom the cooperative supplies electric energy or other services, as patronage refunds prorated in accordance with the patronage of the cooperative by the respective members and such other persons, paid for during such fiscal year: Provided, however, That such distribution shall not be made to any such other person until he has become a member of the cooperative.
If such other person does not become a member of the cooperative within one year after the amount of his distributive share or accumulated distributive shares equal the membership fee required by the bylaws of the cooperative, or if no membership fee is required, within two years after the declaration of any such patronage refund, he shall cease to be entitled to such share or shares. Nothing herein contained shall be construed to prohibit the payment by a cooperative of all or any part of its indebtedness prior to the date when the same shall become due.
History:
L. 1941, ch. 185, § 23; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4624 Disposition of property.

17-4624.
Disposition of property.
(a) The board of trustees of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board of trustees shall determine, to secure any indebtedness of the cooperative.
(b) A cooperative may not otherwise sell, mortgage, lease or otherwise dispose of or encumber all or a substantial portion of its property unless such sale, mortgage, lease or other disposition or encumbrance is authorized by the affirmative vote of not less than a majority of all the members of the cooperative.
History: L. 1941, ch. 185, § 24; L. 1970, ch. 93, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4625 Nonliability of members for debts of cooperative.

17-4625.
Nonliability of members for debts of cooperative.
No member shall be liable or responsible for any debts of the cooperative and the property of the members shall not be subject to execution therefor.
History:
L. 1941, ch. 185, § 25; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4626 Recordation of mortgages, effect thereof.

17-4626.
Recordation of mortgages, effect thereof.
Any mortgage, deed or trust or other instrument executed by a cooperative doing business in this state pursuant to this act, which affects real and personal property and which is recorded in the real property records in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust or other instrument were also recorded, filed or indexed as provided by law in the proper office in such county as a mortgage of personal property. All after-acquired property of such cooperative described or referred to as being mortgaged or pledged in any such mortgage, deed of trust or other instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such cooperative, whether or not such property was in existence at the time of the execution of such mortgage, deed or trust or other instrument.
Recordation of any such mortgage, deed of trust or other instrument shall constitute notice and otherwise have the same effect with respect to such after-acquired property as it has under the laws relating to recordation, with respect to property owned by such cooperative at the time of the execution of such mortgage, deed of trust or other instrument and therein described or referred to as being mortgaged or pledged thereby. The lien upon personal property of any such mortgage, deed of trust or other instrument shall, after recordation thereof, continue in existence and of record for the period of time specified therein without the refiling thereof or the filing of any renewal certificate, affidavit or other supplemental information required by the laws relating to the renewal, maintenance or extension of liens upon personal property.
History:
L. 1941, ch. 185, § 26; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4627 Easements.

17-4627.
Easements.
No action or suit may be brought against a cooperative doing business in this state pursuant to this act, or against any agent, servant or employee thereof, by reason of the maintenance of electric transmission or distribution lines on any real property after the expiration of a period of two years of continuous maintenance of such lines without the consent of the person or persons legally entitled to object to such maintenance.
History:
L. 1941, ch. 185, § 27; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4628 Trustees, officers or members may take acknowledgments.

17-4628.
Trustees, officers or members may take acknowledgments.
No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, trustee or member of such cooperative.
History:
L. 1941, ch. 185, § 28; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4630 Jurisdiction of the state corporation commission.

17-4630.
Jurisdiction of the state corporation commission.
Cooperatives doing business in this state pursuant to this act shall be subject to the jurisdiction and control of the corporation commission of this state as provided in those provisions of chapter 66 of Kansas Statutes Annotated applicable to electric utilities.
History:
L. 1941, ch. 185, § 30; L. 1976, ch. 110, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4631 Same; approval of mergers and consolidations.

17-4631.
Same; approval of mergers and consolidations.
No merger or consolidation of any cooperative, or corporation, organized under the provisions of this act shall become effective until the same has been approved by the corporation commission of the state of Kansas.
History:
L. 1941, ch. 185, § 33; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4632 Securities act exemption.

17-4632.
Securities act exemption.
The provisions of the Kansas uniform securities act shall not apply to any note, bond or other evidence of indebtedness issued by any cooperative doing business in this state pursuant to this act to the United States of America or any agency or instrumentality thereof, or to any mortgage, deed of trust or other instrument executed to secure the same. The provisions of such securities act shall not apply to the issuance of membership certificates by any cooperative.
History:
L. 1941, ch. 185, § 31; L. 2004, ch. 154, § 57; July 1, 2005.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4633 Invalidity of part.

17-4633.
Invalidity of part.
If any provisions of this act, or the application of such provision to any person or circumstance is held invalid, the remainder of the act and the application of such provisions to other persons or circumstances shall not be affected thereby. No caption of any section or set of sections shall in any way affect the interpretation of this act or any part thereof.
History:
L. 1941, ch. 185, § 32; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4634 Business entity information report; contents; report fee.

17-4634. Business entity information report; contents; report fee.
(a) Every corporation organized under the electric cooperative act of this state shall make a written business entity information report to the secretary of state, stating the prescribed information concerning the corporation at the close of business on the last day of its tax period next preceding the date of filing, but if any such corporation's tax period is other than the calendar year, it shall give notice thereof to the secretary of state prior to December 31 of the year it commences such tax period.
(b) The report shall be filed biennially, as determined by the year that the electric cooperative filed its formation documents.* An electric cooperative that filed formation documents in an even-numbered year shall file a report in each even-numbered year. An electric cooperative that filed formation documents in an odd-numbered year shall file a report in each odd-numbered year. The report shall be filed after the close of the electric cooperative's tax period but not later than the 15th day of the fourth month following the close of the tax year of the electric cooperative.
(c) The report shall be made on a form provided by the secretary of state, containing the following information:
(1) The name of the corporation;
(2) the location of the principal office, including the building and suite number, street name or rural route number with box number, city, state and zip code;
(3) the names and postal addresses of the president, secretary, treasurer and all directors;
(4) the number of memberships issued; and
(5) the change or changes, if any, in the particulars made since the last business entity information report.
(d) Such reports shall be signed by the president, vice president or secretary of the corporation under penalty of perjury and forwarded to the secretary of state.
(e) At the time of filing its business entity information report, each such corporation shall pay a fee in an amount equal to $80, plus the amount specified in rules and regulations of the secretary multiplied by the number of tax periods included in the report.
History:
L. 1972, ch. 54, § 20; L. 1973, ch. 90, § 3; L. 1976, ch. 99, § 3; L. 2002, ch. 185, § 40; L. 2004, ch. 171, § 18; L. 2005, ch. 157, § 6; L. 2007, ch. 81, § 3; L. 2016, ch. 110, § 13; L. 2021, ch. 61, § 8; L. 2023, ch. 66, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4635 Application of general corporation code.

17-4635.
Application of general corporation code.
(a) The provisions of the Kansas general corporation code and all powers and rights thereunder shall apply to the corporations organized under the electric cooperative act, except where such provisions are in conflict with or inconsistent with the express provisions of the electric cooperative act.
(b) The provisions of this section shall be a part of and supplemental to the electric cooperative act.
History:
L. 2008, ch. 46, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4651 Title of act.

17-4651.
Title of act.
K.S.A. 17-4651 through 17-4680, and amendments thereto, may be cited as the renewable energy electric generation cooperative act.
History:
L. 2003, ch. 81, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4652 Definitions.

17-4652.
Definitions.
As used in the renewable energy electric generation cooperative act:
(a) "Cooperative" means any corporation organized under the renewable energy electric generation cooperative act or which becomes subject to the renewable energy electric generation cooperative act in the manner hereinafter provided.
(b) "Person" means any natural person, firm, association, corporation, limited liability company, business trust or partnership.
(c) "Renewable attributes" has the meaning provided in K.S.A. 66-1,184a, and amendments thereto.
(d) "Renewable resources or technologies" means wind, solar, photovoltaic, biomass, hydropower, geothermal, waste incineration and landfill gas resources or technologies.
History:
L. 2003, ch. 81, § 2; L. 2007, ch. 4, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4653 Purpose; incorporators.

17-4653.
Purpose; incorporators.
Five or more persons may organize a cooperative, nonprofit, membership corporation under the provisions of the renewable energy electric generation cooperative act for the purposes of conducting or promoting any lawful business under the general corporation laws of the state, generating electricity from renewable resources and technologies and transmitting and selling such electricity at wholesale.
History:
L. 2003, ch. 81, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4655 Name.

17-4655.
Name.
The name of an electric generation cooperative organized under the renewable energy electric generation cooperative act shall include the words "renewable," "generation" and "cooperative" and the abbreviation "Inc." The name of an electric generation cooperative shall be distinct from the name of any other cooperative or corporation organized under the laws of, or authorized to do business in, this state. Only a cooperative doing business in this state pursuant to the renewable energy electric generation cooperative act shall use all of the following words in its name: "Renewable," "generation" and "cooperative."
History:
L. 2003, ch. 81, § 5; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4656 Articles of incorporation.

17-4656.
Articles of incorporation.
(a) The articles of incorporation of a cooperative organized under the renewable energy electric generation cooperative act shall recite that they are executed pursuant to the renewable energy electric generation cooperative act and shall state:
(1) The name of the cooperative;
(2) the address of its principal office;
(3) the names and addresses of the incorporators;
(4) the names and addresses of its directors; and
(5) the purposes for which it is organized.
(b) The articles of incorporation of a cooperative organized under the renewable energy electric generation cooperative act may contain any provisions, not inconsistent with the renewable energy electric generation cooperative act, which are deemed necessary or advisable for the conduct of the business of the cooperative.
(c) The articles of incorporation shall be signed by each incorporator.
History:
L. 2003, ch. 81, § 6; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4657 Bylaws.

17-4657.
Bylaws.
The board of directors shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion, merger or consolidation. Thereafter the members shall adopt, amend or repeal the bylaws by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members and directors and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with the renewable energy electric generation cooperative act or with the cooperative's articles of incorporation.
History:
L. 2003, ch. 81, § 7; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4658 Members.

17-4658.
Members.
Each incorporator of a cooperative shall be a member thereof. No person shall become a member of the cooperative unless such person operates generation facilities which use renewable resources and have a capacity of at least 100 kilowatts and agrees to generate electricity using such facilities and: (a) Transmit and sell at wholesale through the cooperative any such electricity in excess of that used by the person; (b) sell through the cooperative renewable attributes; or (c) both. Any member of a cooperative who so agrees shall cease to be a member of the cooperative if such member does not comply with the terms of the agreement within two years after such person becomes a member, or such lesser period as the bylaws of the cooperative may provide. A husband and wife may hold a joint membership in a cooperative. Membership in a cooperative shall not be transferable, except as provided in the bylaws. The bylaws may prescribe additional qualifications and limitations in respect of membership.
History:
L. 2003, ch. 81, § 8; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4659 Meetings of members.

17-4659.
Meetings of members.
(a) An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the bylaws of the cooperative.
(b) Special meetings of the members may be called by the president, by the board of directors, by any three directors or by not less than 10% of the members.
(c) Except as otherwise provided in the renewable energy electric generation cooperative act, written or printed notice stating the time and place of each meeting of the members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than 10 days nor more than 35 days before the date of the meeting. If mailed, such notice shall be deemed to be given when deposited in the United States mail, with postage prepaid, addressed to the member at the member's address as it appears on the records of the cooperative.
(d) Unless the bylaws prescribe the presence of a greater percentage or number of the members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative shall be 5% of all members, who must be present in person. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting without further notice.
(e) Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail, they shall also prescribe the conditions under which voting shall be permitted. No person shall vote as proxy more than three members at any meeting of the members.
History:
L. 2003, ch. 81, § 9; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4660 Same; waiver of notice.

17-4660.
Same; waiver of notice.
Any person entitled to notice of a meeting may waive such notice in writing either before or after such meeting. If any such person shall attend such meeting, such attendance shall constitute a waiver of notice of such meeting unless such person participates therein solely to object to the transaction of any business because the meeting has not been legally called or convened.
History:
L. 2003, ch. 81, § 10; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4661 Board of directors.

17-4661.
Board of directors.
(a) The business of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative. The bylaws shall prescribe the number of directors, their qualifications, other than those prescribed in the renewable energy electric generation cooperative act, the manner of holding meetings of the board of directors and of electing successors to directors who resign, die or are otherwise incapable of acting as a director. The bylaws may also provide for the removal of directors from office and for the election of their successors. Directors shall not receive any salary for their services as directors and, except in emergencies, shall not be employed by the cooperative in any capacity involving compensation without the approval of the members. The bylaws may provide that a fixed fee and expenses of attendance may be allowed to each director for attendance at each meeting of the board of directors and for other functions duly authorized for and on behalf of the cooperative.
(b) The directors of a cooperative named in any articles of incorporation, consolidation, merger or conversion shall hold office until the next annual meeting of the members and until their successors are elected and qualify. At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors to hold office until the next annual meeting of the members, except as otherwise provided in the renewable energy electric generation cooperative act. Each director shall hold office for the term for which elected and until a successor is elected and qualifies.
(c) Instead of electing all the directors annually, the bylaws may provide for half of the directors, or a number as near thereto as possible, to be elected to serve until the next annual meeting of the members and that the remaining directors shall be elected to serve until the second succeeding annual meeting. Thereafter, as directors' terms expire, the members shall elect successor directors to serve until the second succeeding annual meeting after their election.
(d) Instead of electing the directors in the manner provided in subsection (b) or (c), the bylaws may provide that the members shall be elected at such annual meetings to serve for terms of three years, except that the terms of the first directors elected pursuant to this subsection may be fixed in such bylaws for a number of years not exceeding three and, upon the expiration thereof, all members thereafter to be elected for terms of three years.
(e) A majority of the board of directors shall constitute a quorum.
(f) If a husband and wife hold a joint membership in a cooperative, either one, but not both, may be elected a director.
History:
L. 2003, ch. 81, § 11; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4662 Officers.

17-4662.
Officers.
The officers of a cooperative shall consist of a president, vice-president, secretary and treasurer. The offices shall be elected annually by and from the board of directors. When a person holding any such office ceases to be a director, the person shall cease to hold such office. The office of secretary and the office of treasurer may be held by the same person. The board of directors may also elect or appoint such other officers, agents or employees as the board deems necessary or advisable and the board shall prescribe the powers and duties of such officers, agents or employees. Any officer may be removed from office and a successor elected in the manner prescribed in the bylaws.
History:
L. 2003, ch. 81, § 12; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4663 Articles of incorporation; amendment.

17-4663.
Articles of incorporation; amendment.
A cooperative may amend its articles of incorporation in any manner not inconsistent with the renewable energy electric generation cooperative act by complying with the following requirements: The proposed amendment shall be presented to a meeting of the members, the notice of which shall set forth or have attached the proposed amendment. If the proposed amendment, with any changes, is approved by the affirmative vote of not less than 2/3 of those members voting at such meeting, articles of amendment shall be executed on behalf of the cooperative by its president or vice-president and attested by its secretary. The articles of amendment shall recite that they are executed pursuant to the renewable energy electric generation cooperative act and shall state: (a) The name of the cooperative; (b) the address of its principal office; and (c) the amendment to its articles of incorporation. The president or vice-president executing such articles of amendment shall make and annex thereto an affidavit stating that the amendment was submitted and adopted in compliance with the provisions of this section.
History:
L. 2003, ch. 81, § 13; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4664 Same; filing of.

17-4664.
Same; filing of.
Articles of incorporation, amendment, consolidation, merger, conversion or dissolution, when executed and accompanied by such affidavits as required by applicable provisions of the renewable energy electric generation cooperative act, shall be presented to the secretary of state for filing in the records of the secretary's office. If the secretary of state finds that the articles presented conform to the requirements of the renewable energy electric generation cooperative act, the secretary, upon the payment of the fees provided by the renewable energy electric generation cooperative act, shall file such articles in the records of the secretary's office. Upon such filing the incorporation, amendment, consolidation, merger, conversion or dissolution shall be in effect. The provisions of this section shall also apply to certificates of election to dissolve and affidavits executed in connection with such certificates of election to dissolve pursuant to subsection (b) of K.S.A. 17-4668, and amendments thereto.
History:
L. 2003, ch. 81, § 18; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4665 Principal office, change of location.

17-4665.
Principal office, change of location.
A cooperative, upon authorization of its board of directors or its members, may change the location of its principal office to any place within the state of Kansas by filing, in the office of the secretary of state, a certificate which recites such change of principal office and which is executed by the cooperative's president or vice-president and attested by the cooperative's secretary.
History:
L. 2003, ch. 81, § 14; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4666 Merger or consolidation.

17-4666.
Merger or consolidation.
(a) Any two or more cooperatives organized under the renewable energy electric generation cooperative act may merge into a single cooperative, which may be any one of the constituent cooperatives, or may consolidate into a new cooperative formed by the consolidation, by complying with the following requirements:
(1) The proposition for the merger or consolidation of the cooperatives and proposed articles of merger or consolidation shall be submitted to a meeting of the members of each merging or consolidating cooperative, the notice of which shall have attached a copy of the proposed articles of merger or consolidation; and
(2) if the proposed merger or consolidation and the proposed articles of merger or consolidation, with any amendments, are approved by the affirmative vote of not less than 2/3 of the members of each merging or consolidating cooperative voting at each such meeting, the articles of merger or consolidation in the form approved shall be executed on behalf of each merging or consolidating cooperative by its president or vice-president and attested by its secretary.
(b) Voting on the proposed articles of merger or consolidation shall be in accordance with subsection (e) of K.S.A. 17-4659, and amendments thereto.
(c) The articles of merger or consolidation shall recite that they are executed pursuant to the renewable energy electric generation cooperative act and shall state:
(1) The name of each merging or consolidating cooperative and the address of its principal office;
(2) the name of the surviving or new cooperative and the address of its principal office;
(3) a statement that each merging or consolidating cooperative agrees to the merger or consolidation;
(4) the names and addresses of the directors of the surviving or new cooperative; and
(5) the terms and conditions of the merger or consolidation and the mode of carrying the same into effect, including the manner in which the members of the merging or consolidating cooperatives may or shall become members of the surviving or new cooperative.
Such articles may contain any provisions, not inconsistent with the renewable energy electric generation cooperative act, which are deemed necessary or advisable for the conduct of the business of the surviving or new cooperative.
(d) The president or vice-president of each merging or consolidating cooperative executing the articles of merger or consolidation shall make and annex thereto an affidavit stating that such articles were submitted and approved in compliance with the provisions of this section.
History:
L. 2003, ch. 81, § 15; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4667 ffect of merger or consolidation.

17-4667.
E
ffect of merger or consolidation.
(a) In the case of a consolidation, the existence of the consolidating cooperatives shall cease and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative. In case of a merger, the separate existence of the merging cooperatives shall cease and the articles of incorporation of the surviving cooperatives shall be amended to the extent, if any, that changes therein are necessary in the articles of merger.
(b) All the rights, privileges, immunities and franchises and all property, real and personal, including applications for membership, all debts due on whatever account and all other choses in action, of each consolidating or merging cooperative shall be deemed to be transferred to and vested in the new or surviving cooperative without further act or deed.
(c) The new or surviving cooperative shall be responsible and liable for all liabilities and obligations of each consolidating or merging cooperative and any claim existing or action or proceeding pending by or against any of the consolidating or merging cooperatives may be prosecuted as if the consolidation or merger had not taken place, but the new or surviving cooperative may be substituted in its place.
(d) Neither the rights of creditors nor any liens upon the property of any such cooperative shall be impaired by such consolidation or merger.
History:
L. 2003, ch. 81, § 16; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4669 Excess revenues, distribution to members.

17-4669.
Excess revenues, distribution to members.
(a) Except as otherwise determined by a vote of the members of the cooperative, revenues of a cooperative for any fiscal year in excess of the following shall be distributed by the cooperative to its members in accordance with the bylaws of the cooperative:
(1) Amounts necessary to defray the expenses of operation and maintenance of facilities of the cooperative during such fiscal year;
(2) amounts necessary to pay interest and principal obligations of the cooperative coming due in such fiscal year;
(3) amounts necessary to finance, or to provide a reserve for the financing of, the construction or acquisition by the cooperative of additional facilities to the extent determined by the board of directors;
(4) amounts necessary to provide a reasonable reserve for working capital;
(5) amounts necessary to provide a reserve for the payment of indebtedness of the cooperative in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year.
(b) Nothing herein contained shall be construed to prohibit the payment by a cooperative of all or any part of its indebtedness prior to the date when the same shall become due.
History:
L. 2003, ch. 81, § 19; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4670 Disposition of property.

17-4670.
Disposition of property.
(a) The board of directors of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the cooperative.
(b) A cooperative may not otherwise sell, mortgage, lease or otherwise dispose of or encumber all or a substantial portion of its property unless such sale, mortgage, lease or other disposition or encumbrance is authorized by the affirmative vote of not less than a majority of all the members of the cooperative.
History:
L. 2003, ch. 81, § 20; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4671 Nonliability of members for debt of cooperative.

17-4671.
Nonliability of members for debt of cooperative.
No member of a cooperative shall be liable or responsible for any debts of the cooperative and the property of the members shall not be subject to execution therefor.
History:
L. 2003, ch. 81, § 21; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4672 Recordation of instruments, effect.

17-4672.
Recordation of instruments, effect.
Any mortgage, deed or trust or other instrument executed by a cooperative doing business in this state pursuant to the renewable energy electric generation cooperative act, which affects real and personal property and which is recorded in the real property records in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust or other instrument were also recorded, filed or indexed as provided by law in the proper office in such county as a mortgage of personal property. All after-acquired property of such cooperative described or referred to as being mortgaged or pledged in any such mortgage, deed of trust or other instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such cooperative, whether or not such property was in existence at the time of the execution of such mortgage, deed or trust or other instrument. Recordation of any such mortgage, deed of trust or other instrument shall constitute notice and otherwise have the same effect with respect to such after-acquired property as it has under the laws relating to recordation, with respect to property owned by such cooperative at the time of the execution of such mortgage, deed of trust or other instrument and therein described or referred to as being mortgaged or pledged thereby. The lien upon personal property of any such mortgage, deed of trust or other instrument, after recordation thereof, shall continue in existence and of record for the period of time specified therein without the refiling thereof or the filing of any renewal certificate, affidavit or other supplemental information required by the laws relating to the renewal, maintenance or extension of liens upon personal property.
History:
L. 2003, ch. 81, § 22; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4673 Actions or suits affecting easement or lease.

17-4673.
Actions or suits affecting easement or lease.
No action or suit affecting an easement or lease may be brought against a cooperative doing business in this state pursuant to the renewable energy electric generation cooperative act, or against any agent, servant or employee thereof, by reason of the maintenance of electric transmission lines on any real property after the expiration of a period of two years of continuous maintenance of such lines without the consent of the person or persons legally entitled to object to such maintenance.
History:
L. 2003, ch. 81, § 23; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4674 Qualifications to take acknowledgments.

17-4674.
Qualifications to take acknowledgments.
No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, director or member of such cooperative.
History:
L. 2003, ch. 81, § 24; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4675 State corporation commission; jurisdiction; approval of merger or consolidation.

17-4675.
State corporation commission; jurisdiction; approval of merger or consolidation.
(a) Cooperatives doing business in this state pursuant to the renewable energy electric generation cooperative act shall be subject to the jurisdiction and control of the state corporation commission of this state in those provisions of chapter 66 of the Kansas Statutes Annotated applicable to electric utilities.
(b) No merger or consolidation of any cooperative organized under the provisions of the renewable energy electric generation cooperative act shall become effective until approved by the state corporation commission.
History:
L. 2003, ch. 81, § 25; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4676 Exemption from securities act.

17-4676.
Exemption from securities act.
The provisions of the Kansas securities act shall not apply to any note, bond or other evidence of indebtedness issued by any cooperative doing business in this state pursuant to the renewable energy electric generation cooperative act to the United States of America or any agency or instrumentality thereof, or to any mortgage, deed of trust or other instrument executed to secure the same. The provisions of such securities act shall not apply to the issuance of membership certificates by any cooperative.
History:
L. 2003, ch. 81, § 26; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4677 Business entity information report; contents; report fee.

17-4677. Business entity information report; contents; report fee.
(a) Every cooperative organized under the renewable energy electric generation cooperative act shall make a written business entity information report to the secretary of state, stating the prescribed information concerning the cooperative at the close of business on the last day of its tax period next preceding the date of filing, but if any such cooperative's tax period is other than the calendar year, it shall give notice thereof to the secretary of state prior to December 31 of the year it commences such tax period.
(b) The report shall be filed biennially, as determined by the year that the renewable energy electric generation cooperative filed its articles of formation documents.* A renewable energy electric generation cooperative that filed formation documents in an even-numbered year shall file a report in each even-numbered year. A renewable energy electric generation cooperative that filed formation documents in an odd-numbered year shall file a report in each odd-numbered year. The report shall be filed after the close of the electric cooperative's tax period but not later than the 15th day of the sixth month following the close of the tax year of the electric cooperative.
(c) The report shall be made on a form provided by the secretary of state, containing the following information:
(1) The name of the cooperative;
(2) the location of the principal office of the cooperative, including the building and suite number, street name or rural route number with box number, city, state and zip code;
(3) the names and postal addresses of the president, secretary, treasurer and directors of the cooperative;
(4) the number of members of the cooperative; and
(5) the change or changes, if any, in the particulars made since the last business entity information report.
(d) The report shall be dated, signed by the president, vice president or secretary of the cooperative under penalty of perjury and forwarded to the secretary of state.
(e) At the time of filing its business entity information report, the cooperative shall pay a fee in an amount equal to $80, plus the amount specified in rules and regulations of the secretary multiplied by the number of tax periods included in the report.
History:
L. 2003, ch. 81, § 27; L. 2004, ch. 171, § 19; L. 2005, ch. 157, § 7; L. 2007, ch. 81, § 4; L. 2021, ch. 61, § 9; L. 2023, ch. 66, § 5; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4678 Payment of costs associated with distribution and transmission.

17-4678.
Payment of costs associated with distribution and transmission.
A cooperative organized under the renewable energy electric generation cooperative act shall pay the costs of use of distribution and transmission systems by the cooperative to transmit electricity, the costs of a generation interconnect study to the extent required by the standard provisions for agreements for interconnection and the costs of transmission system improvements, other upgrades and metering necessary for system operation. The cooperative shall negotiate with the owners of distribution and transmission systems for the purpose of determining such costs.
History:
L. 2003, ch. 81, § 28; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4679 Payment of costs of certificated retail electric provider.

17-4679.
Payment of costs of certificated retail electric provider.
If a member of a cooperative organized under the renewable energy electric generation cooperative act is located within the certificated territory of a retail electric supplier, such supplier may charge such member of the cooperative a monthly fee which reflects the cost of providing standby electric service, distribution system repair and maintenance and other reasonable costs of being the provider of last resort.
History:
L. 2003, ch. 81, § 29; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4680 Interconnection agreements, requirements.

17-4680.
Interconnection agreements, requirements.
Any agreement between a cooperative organized under the renewable energy electric generation cooperative act and the owner of distribution or transmission lines directly interconnecting with generation facilities of members of such cooperative for use of such lines by the cooperative shall require that all safety, system reliability and other appropriate issues shall have been satisfactorily resolved by the parties prior to the cooperative's first delivery of electricity.
History:
L. 2003, ch. 81, § 30; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4681 Severability.

17-4681.
Severability.
If any provisions of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History:
L. 2003, ch. 81, § 33; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 46 - Electric Cooperative, Nonprofit, Membership Corporations › 17-4682 Application of general corporation code.

17-4682.
Application of general corporation code.
(a) The provisions of the Kansas general corporation code and all powers and rights thereunder shall apply to the corporations organized under the renewable energy electric generation cooperative act, except where such provisions are in conflict with or inconsistent with express provisions of the renewable energy electric generation cooperative act.
(b) The provisions of this section shall be a part of and supplemental to the renewable energy electric generation cooperative act.
History:
L. 2008, ch. 46, § 3; July 1.