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Kansas Charitable Organizations
and Solicitations Act
K.S.A. 17-1759
et seq.
17-1759.
Solicitations by charitable organizations; title of act.
This act may be cited as the "charitable organizations and
solicitations act."
History: L. 1988, ch. 96, § 1; Jan. 1, 1989.
17-1760.
Same; definitions. As used in this act:
(a) "Charitable organization" means any person who
engages in the activity of soliciting funds or donations for,
or purported to be for, any fraternal, benevolent, social, educational,
alumni, historical, humane, public health or other charitable
purpose. Charitable organization does not include political
parties, political candidates or committees formed in support
of political candidates or political parties;
(b) "charitable purpose" means any purpose which promotes,
or purports to promote, directly or indirectly, the well-being
of the public at large or any number of persons, or any humane
purpose, whether such well-being is in general or limited to
certain activities, endeavors or projects;
(c) "person" means any individual, group, association,
partnership, corporation, trust or any combination thereof;
(d) "professional fund raiser" means any person, who
is retained under contract or otherwise compensated by or on
behalf of a charitable organization primarily for the purpose
of soliciting funds. Professional fund raiser includes a person
who plans, manages, advises, consults or prepares material for
solicitations. Professional fund raiser shall not include any
bona fide employee of a charitable organization who receives
regular compensation and is not primarily employed for the purpose
of soliciting funds, or an attorney, investment counselor, or
banker who in the conduct of such profession advises a client
to make a contribution;
(e) "professional solicitor" means any person who
is employed or retained for compensation by a professional fund
raiser to solicit contributions for charitable purposes from
persons in this state; and
(f) "solicitation" means any request or appeal, either
oral or written, or any endeavor to obtain, seek or plead for
funds, property, financial assistance or other thing of value,
including the promise or grant of any money or property of any
kind or value for a charitable purpose, but excluding: |
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(1) Direct grants or allocation of funds received or solicited
from any affiliated fund-raising organization by a member
agency; and
(2) unsolicited contributions received from any individual
donor, foundation, trust, governmental agency or other source,
unless such contributions are received in conjunction with
a solicitation drive.
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| History:
L. 1988, ch. 96, § 2; L. 1990, ch. 84, § 1; July 1.
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17-1761.
Same; registration of charitable organizations. Except for
charitable organizations which are exempted under K.S.A. 17-1762,
no charitable organization shall solicit funds in this state, nor
employ a professional fund raiser or professional solicitor to solicit
funds in this state, for any charitable purpose unless such charitable
organization, and each professional fund raiser or professional
solicitor employed by such charitable organization have filed all
registrations and reports required by K.S.A. 17-1763,
17-1764
and 17-1765.
History: L. 1988, ch. 96, § 3;
Jan. 1, 1989.
17-1762.
Same; exemptions from registration. The following persons
shall not be required to register with the secretary of state:
(a) State educational institutions under the control and supervision
of the state board of regents, unified school districts, educational
interlocals, educational cooperatives, area vocational-technical
schools, all educational institutions that are accredited by a regional
accrediting association or by an organization affiliated with the
national commission of accrediting, any foundation having an established
identity with any of the aforementioned educational institutions,
any other educational institution confining its solicitation of
contributions to the student body, alumni, faculty and trustees
of such institution, and their families, or a library established
under the laws of this state, provided that the annual financial
report of such institution or library shall be filed with the attorney
general;
(b) fraternal, patriotic, social, educational, alumni organizations
and historical societies when solicitation of contributions is confined
to their membership. This exemption shall be extended to any subsidiary
of a parent or superior organization exempted by this subsection
where such solicitation is confined to the membership of the subsidiary,
parent or superior organization;
(c) persons requesting any contributions for the relief or benefit
of any individual, specified by name at the time of the solicitation,
if the contributions collected are turned over to the named beneficiary,
first deducting reasonable expenses for costs of banquets, or social
gatherings, if any, provided all fund raising functions are carried
on by persons who are unpaid, directly or indirectly, for such services;
(d) any charitable organization which does not intend to solicit
and receive and does not actually receive contributions in excess
of $10,000 during such organization's tax period, as defined by
K.S.A. 17-7501
and amendments thereto, if all of such organization's fund-raising
functions are carried on by persons who are unpaid for such services.
However, if the gross contributions received by such charitable
organization during any such tax period is in excess of $10,000,
such organization, within 30 days after the end of such tax period,
shall register with the secretary of state as provided in K.S.A.
17-1763
and amendments thereto;
(e) any incorporated community chest, united fund, united way or
any charitable organization receiving an allocation from an incorporated
community chest, united fund or united way;
(f) a bona fide organization of volunteer firemen, or a bona fide
auxiliary or affiliate of such organization, if all fund-raising
activities are carried on by members of such organization or an
affiliate thereof and such members receive no compensation, directly
or indirectly, therefor;
(g) any charitable organization operating a nursery for infants
awaiting adoption if all fund-raising activities are carried on
by members of such an organization or an affiliate thereof and such
members receive no compensation, directly or indirectly, therefor;
(h) any corporation established by the federal congress that is
required by federal law to submit annual reports of such corporation's
activities to congress containing itemized accounts of all receipts
and expenditures after being duly audited by the department of defense
or other federal department;
(i) any girls' club which is affiliated with the girls' club of
America, a corporation chartered by congress, if such an affiliate
properly files the reports required by the girls' club of America
and that the girls' club of America files with the government of
the United States the reports required by such federal charter;
(j) any boys' club which is affiliated with the boys' club of America,
a corporation chartered by congress, if such an affiliate properly
files the reports required by the boys' club of America and that
the boys' club of America files with the government of the United
States the reports required by such federal charter;
(k) any corporation, trust or organization incorporated or established
for religious purposes, or established for charitable, hospital
or educational purposes and engaged in effectuating one or more
of such purposes, that is affiliated with, operated by or supervised
or controlled by a corporation, trust or organization incorporated
or established for religious purposes, or to any other religious
agency or organization which serves religion by the preservation
of religious rights and freedom from persecution or prejudice or
by fostering religion, including the moral and ethical aspects of
a particular religious faith;
(l) the boy scouts of America and the girl scouts of America, including
any regional or local organization affiliated therewith;
(m) the young men's christian association and the young women's
christian association, including any regional or local organization
affiliated therewith;
(n) any licensed medical care facility which is organized as a nonprofit
corporation under the laws of this state;
(o) any licensed community mental health center or licensed mental
health clinic;
(p) any licensed community mental retardation center and its affiliates
as determined by the department of social and rehabilitation services;
(q) any charitable organization of employees of a corporation whose
principal gifts are made to an incorporated community chest, united
fund or united way, and whose solicitation is limited to such employees;
(r) any community foundation or community trust to which deductible
contributions can be made by individuals, corporations, public charities
and private foundations, as well as other charitable organizations
and governmental agencies for the overall purposes of the foundation
or to particular charitable and endowment funds established under
agreement with the foundation or trust for the charitable benefit
of the people of a specific geographic area and which is a nonprofit
organization exempt from federal income taxation pursuant to section
501(a) of the internal revenue code of 1986, as in effect on the
effective date of this act, by reason of qualification under section
501(c)(3) of the internal revenue code of 1986, as in effect on
the effective date of this act, and which is deemed a publicly supported
organization and not a private foundation within the meaning of
section 509(a)(1) of the internal revenue code of 1986, as in effect
on the effective date of this act;
(s) any charitable organization which does not intend to or does
not actually solicit or receive contributions from more than 100
persons;
(t) any charitable organization the funds of which are used to support
an activity of a municipality of this state; and
(u) the junior league, including any local community organization
affiliated therewith.
History: L. 1988, ch. 96, § 4;
L. 1989, ch. 76, § 1; July 1.
17-1763.
Same; registration statement; audited financial statement; issuance
of license and identification number; fee; rules and regulations.
(a) Except for charitable organizations exempt under K.S.A.
17-1762
and amendments thereto, no charitable organization shall solicit
funds in this state, nor employ a professional fund raiser to
solicit funds in this state, for any charitable purpose, unless
such organization has filed with the office of the secretary
of state of the state of Kansas, a registered statement prior
to solicitation.
(b) The secretary of state shall prescribe registration forms
which shall be signed and sworn to by two authorized officers
of the organization, including the chief fiscal officer, and
which shall include the following information about such organization's
activities in this state: |
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(1) The name of the organization
and the name or names under which it intends to solicit;
(2) the purpose for which such organization was organized;
(3) the principal mailing address and street address of the
organization and the mailing addresses and street addresses
of any offices in this state;
(4) the names and mailing addresses and street addresses of
any subsidiary or subordinate chapters, branches or affiliates
in this state;
(5) the place where and the date when the organization was legally
established, the form in which such organization is organized
and a reference to any determination of such organization's
tax-exempt status, if any, under the federal internal revenue
code of 1986;
(6) the names and mailing addresses and street addresses of
the officers, directors, trustees and principal salaried employees
of the organization;
(7) the name and mailing address and street address of the person
having custody of such organization's financial records;
(8) the names of the individuals or officers of the organization
who will have responsibility for the custody of the contributions;
(9) the names of the individuals or officers of the organization
who will have responsibility for the distribution of the contributions;
(10) the names of the individuals or officers of the organization
who will have responsibility for the conduct of solicitation
activities;
(11) the general purposes for which the organization intends
to solicit contributions;
(12) a statement indicating whether the organization intends
to solicit contributions directly or have such solicitation
done on such organization's behalf by others and naming any
professional fund raiser the organization intends to use;
(13) a statement indicating whether the organization is authorized
by any other governmental authority to solicit contributions
and whether such organization is or has ever been enjoined by
any court from soliciting contributions;
(14) the cost of fund raising incurred or anticipated to be
incurred by the organization, including a statement of such
costs as a percentage of contributions received; and
(15) a financial statement covering complete disclosure of the
fiscal activities of the organization during the preceding year.
Each organization may submit a statement on forms approved by
the secretary of state, signed and sworn by at least two authorized
officers of the organization, including the chief fiscal officer.
Such financial statement shall include a balance sheet and statement
of income and expense, clearly setting forth the following:
Gross receipts and gross income from all sources, broken down
into total receipts and income from each separate solicitation
project or source; cost of administration; cost of solicitation;
cost of programs designed to inform or educate the public; funds
or properties transferred out of this state, with explanation
as to recipient and purpose; and total net amount disbursed
or dedicated for each major purpose, charitable or otherwise.
The secretary of state in the secretary's discretion may accept
executed copies of federal internal revenue service returns
and reports in lieu of a financial statement. |
(c) A charitable organization
that received contributions in excess of $100,000 during the
organization's most recently completed fiscal year shall file,
in addition to the statement required by subsection (b), an
audited financial statement for the charitable organization's
most recently completed fiscal year, prepared in accordance
with generally accepted accounting principles, and the opinion
of an independent certified public accountant on the financial
statement.
(d) Upon receipt of any such registration, the secretary of
state shall issue a charitable solicitation license and identification
number. All certificates of registration and identification
numbers issued to charitable organizations shall expire on the
last day of the sixth month following the month in which the
fiscal year of the charitable organization ends.
(e) Every charitable organization required to register with
the secretary of state shall pay a fee of $20 with each registration.
(f) The secretary of state may adopt rules and regulations necessary
for the administration of this act.
History: L. 1988, ch. 96, §
5; L. 1993, ch. 135, § 1; July 1. |
17-1764.
Same; registration of professional fund raiser; application; duration
of registration; annual report. No person shall act as a
professional fund raiser for a charitable organization or for any
religious organization as described in subsection (k) of K.S.A.
17-1762
and amendments thereto before such person has registered with the
secretary of state or after the expiration or cancellation of such
registration or any renewal of such registration. Applications for
registration and reregistration shall be in writing and under oath
in the form prescribed by the secretary of state. Registration or
reregistration shall be in effect for a period of one year, or a
part thereof, expiring on June 30, and may be renewed upon written
application, under oath, in the form prescribed by the secretary
of state for additional one year periods. Every professional fund
raiser required to register pursuant to this act shall file an annual
written report with the secretary of state containing such information
as the secretary may require by rule and regulation pursuant to
K.S.A. 17-1763
and amendments thereto.
History: L. 1988, ch. 96, § 6;
L. 1989, ch. 76, § 2; L. 1990, ch. 84, § 2; L. 2001, ch.
105, § 4; July 1.
17-1765.
Same; professional solicitors; registration; application; duration.
No person shall act as a professional solicitor in the employ of
a professional fund raiser before such person has registered with
the secretary of state or after the expiration or cancellation of
such registration or any renewal of such registration. Application
for registration or reregistration shall be in writing, under oath
and in the form prescribed by the secretary of state. Upon receipt
of any such registration, the secretary of state shall issue a professional
solicitor's license and identification number. Such registration
or reregistration shall be in effect for a period of one year, or
a part thereof, expiring on June 30, and may be renewed upon written
application, under oath, in the form prescribed by the secretary
of state for an additional one-year period.
History: L. 1988, ch. 96, § 7;
L. 1989, ch. 76, § 3; July 1.
17-1766.
Same; disclosures required. All solicitations by professional
solicitors shall contain the following disclosures at the point
of solicitation:
(a) The name, address and telephone number of the charitable organization;
(b) the registration number, obtained pursuant to K.S.A. 17-1763
for the charitable organization;
(c) if the solicitation is made by a person acting as a professional
solicitor, the registration number obtained pursuant to K.S.A. 17-1765;
and
(d) that an annual financial report required by K.S.A. 17-1763
for the preceding fiscal year is on file with the secretary of state.
History: L. 1988, ch. 96, § 8;
Jan. 1, 1989.
17-1767.
Same; investigation and prosecution. (a) An action for
violation of this act may be prosecuted by the attorney general
or county or district attorney.
(b) This act shall not be construed to limit or restrict the
exercise of the powers or the performance of the duties of the
attorney general, county or district attorney which the attorney
general, county or district attorney otherwise is authorized
to exercise or perform under any other provision of law by statute
or otherwise.
(c) If, by the attorney general's or county or district attorney's
own inquiries, or as a result of complaints, the attorney general
or county or district attorney has reason to believe that any
person has engaged in, is engaging in or is about to engage
in an act or practice that violates this act, the attorney general,
deputy attorney general, assistant attorney general or county
or district attorney, may: |
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(1) Subpoena witnesses
or matter;
(2) take testimony under oath;
(3) examine or cause to be examined any documentary material
of whatever nature relevant to such alleged violations or false
or misleading information; and
(4) require attendance during such examination of documentary
material and take testimony under oath or acknowledgment in
respect of any such documentary material. |
(d) If documentary material
that the attorney general or county or district attorney seeks
to examine is located outside of the state of Kansas, the material
shall be made available to the attorney general or county or
district attorney at a convenient location within the state
or the person being investigated shall pay the reasonable and
necessary expenses for the attorney general, attorney general's
legal representative or county or district attorney to examine
the documentary material where located. The attorney general
or county or district attorney may designate representatives,
including officials of the state in which the matter is located,
to inspect the matter on the attorney general's or county or
district attorney's behalf, and the attorney general or county
or district attorney may respond to similar requests from officials
of other states.
(e) Service by the attorney general or county or district attorney
of any notice requiring a person to file a statement or report,
or of a subpoena upon any person, shall be made by: |
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(1) Certified mail
to the person's last known place of business, residence or abode,
within or without the state; or
(2) in the manner provided by the code of civil procedure for
notice of the filing of a petition. |
(f) The attorney general or
county or district attorney may request that an individual who
refuses to comply with the subpoena, on the ground that the
testimony or matter may incriminate the individual, be ordered
by the court to provide the testimony or matter. Except in a
prosecution for perjury, an individual who complies with a court
order to provide testimony or matter after asserting a privilege
against self-incrimination to which the individual is entitled
by law may not be subjected to a criminal proceeding or to a
civil penalty with regard to the transaction concerning which
the individual is required to testify or produce relevant matter.
(g) If any person willfully fails or refuses to file any statement
or report required by this act, or obey any subpoena issued
by the attorney general or county or district attorney, the
attorney general or county or district attorney, after notice,
may apply to the district court and, after a hearing thereon,
the district court may issue an order: |
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(1) Granting injunctive
relief restraining the solicitation of contributions;
(2) vacating, annulling or suspending the registration, license,
corporate charter or certificate of authority to do business
in this state or revoking or suspending any other licenses,
permits or certificates issued pursuant to law to such persons
which are used to further the allegedly unlawful practice; or
(3) granting such other relief as may be required, until the
person files the statement or report, or obeys the subpoena.
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| History:
L. 1988, ch. 96, § 9; L. 1989, ch. 159, § 1; L. 1990,
ch. 84, § 3; L. 1993, ch. 135, § 2; July 1. |
17-1768.
Same; remedies. (a) The attorney general, county or district
attorney may bring an action to: |
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(1) Obtain a declaratory judgment
that an act or practice violates this act;
(2) enjoin, or to obtain a restraining order against a charitable
organization, professional fund raiser or professional solicitor
who has violated, is violating, or is otherwise likely to violate
this act;
(3) recover actual damages on behalf of the state and other
persons by reason of violations of this act; and
(4) recover reasonable expenses and investigation fees. |
(b) In lieu of instigating
or continuing an action or proceeding, the attorney general,
county or district attorney may accept a consent judgment with
respect to any act or practice declared to be a violation of
this act. Before any consent judgment entered into pursuant
to this act shall be effective, such judgment must be approved
by the district court and an entry made thereof in the manner
required for making an entry of judgment. Once such approval
is received, any breach of the conditions of the consent judgment
shall be treated as a violation of a court order, and shall
be subject to all the penalties provided by law therefor.
(c) In any action brought by the attorney general, county or
district attorney, the court, without requiring bond of the
attorney general, county or district attorney, may: |
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(1) Make such orders or judgments
as may be necessary to prevent the use or employment by a person
of any practices declared to be a violation of this act;
(2) make such orders or judgments as may be necessary to compensate
the state or any persons for damages sustained; or
(3) grant other appropriate relief. |
(d) Upon a showing
by the attorney general, county or district attorney in an application
for an injunction that any person engaged in the solicitation
for charitable purposes has been convicted in this state or
elsewhere of a felony or of a misdemeanor where such felony
or misdemeanor involved the misappropriation, misapplication
or misuse of money or property of another, the attorney general,
county or district attorney may enjoin such persons from engaging
in any solicitation for charitable purposes.
History: L. 1988, ch. 96, §
10; L. 1990, ch. 84, § 4; July 1. |
17-1769.
Same; unlawful acts and practices. The following acts
and practices are hereby declared unlawful as applied to the
planning, conduct or execution of any solicitation or charitable
purpose:
(a) Operating in violation of, or failing to comply with, any
of the requirements of this act;
(b) utilizing any deceptive acts or practices whether or not
any person has in fact been misled. Deceptive acts or practices
include, but are not limited to, the following: |
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(1) The intentional use in
any solicitation of exaggeration, innuendo or ambiguity as to
a material fact; and
(2) the intentional failure to state a material fact, or the
intentional concealment, suppression or omission of a material
fact in any solicitation; |
| (c) utilizing any unconscionable
acts or practices. An unconscionable act or practice violates
this act whether it occurs before, during or after the solicitation. |
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(1) The unconscionability of
an act or practice is a question for the court.
(2) In determining whether an act or practice is unconscionable,
the court shall consider circumstances which the charitable
organization or fund raiser knew or had reason to know including,
but not limited to, the following: |
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(A) Taking advantage of a person's
inability to reasonably protect such person's interests because
of the person's physical infirmity, ignorance, illiteracy, inability
to understand the language of a solicitation or similar factor;
and
(B) using undue pressure in soliciting; |
(d) utilizing
any representation that implies the contribution is for or on
behalf of a charitable organization or utilizing any emblem,
device or printed matter belonging to or associated with a charitable
organization, without obtaining authorization in writing from
the charitable organization;
(e) utilizing a name, symbol or statement so closely related
or similar to that used by another charitable organization that
the use thereof would tend to confuse or mislead a solicited
person, whether or not any person has in fact been misled;
(f) misrepresenting or misleading any person in any manner to
believe that the person on whose behalf a solicitation or charitable
purpose is being conducted is a charitable organization;
(g) using donations for purposes other than those stated in
an organization's articles of incorporation or current registration
statements filed with the secretary of state;
(h) using donations for purposes other than those stated in
solicitations;
(i) using donations for other than charitable purposes;
(j) misrepresenting or misleading any person in any matter,
to believe that any other person or governmental unit sponsors,
endorses or approves such solicitation or charitable purpose
when such other person has not given consent in writing to the
use of such person's name for these purposes; and
(k) utilizing or exploiting the fact of registrations so as
to lead any person to believe that such registration in any
manner constitutes an endorsement or approval by the state.
History: L. 1988, ch. 96, §
11; L. 1990, ch. 84, § 5; July 1. |
17-1770.
Same; service of process; agent, secretary of state; fee.
(a) Any charitable organization, professional fund raiser or professional
solicitor having a principal place of business other than within
this state, or organized under and by the laws of a foreign state,
which is subject to the provisions of this act, shall be deemed
to have irrevocably appointed the secretary of state as the agent
for service of process. Service may be made by delivering to and
leaving with the secretary of state, or with any deputy or clerk
in the corporation division of such office, three copies of such
service and a fee of $30.
(b) Following service upon the secretary of state, the provisions
of law relating to service of process on foreign corporations shall
thereafter govern.
History: L. 1988, ch. 96, § 12;
Jan. 1, 1989.
17-1771.
Same; registration not endorsement by state; unlawful to advertise
compliance with this act; penalty. Registration under this
act shall not be deemed to constitute an endorsement by the state
of Kansas of any registering charitable organization, professional
fund raiser or professional solicitor. It shall be unlawful for
any charitable organization, professional fund raiser or professional
solicitor to represent, directly or indirectly, by advertising or
any other manner, that such charitable organization, professional
fund raiser or professional solicitor has registered or otherwise
complied with the provisions of this act, for the purpose of solicitation
and collection of funds for charitable purposes. The secretary of
state shall cancel the registration of any organization, professional
fund raiser or professional solicitor that violates the provisions
of this section.
History: L. 1988, ch. 96, § 13;
Jan. 1, 1989.
17-1772.
Same; reciprocal agreements. The secretary of state may enter
into reciprocal agreements with a like authority of any other state
or states for the purpose of exchanging information made available
to the secretary of state or to such other like authority.
History: L. 1988, ch. 96, § 14;
Jan. 1, 1989.
17-1773.
Same; violations of act; civil penalty; disposition of penalties
recovered. (a) The commission of any act or practice declared
to be a violation of this act shall render the violator liable to
the aggrieved contributor, or the state or a county as provided
in subsection (c), for the payment of a civil penalty, in a sum
set by the court of not more than $10,000 for each violation. An
aggrieved contributor is not a required party in actions brought
by the attorney general or a county or district attorney pursuant
to this act.
(b) Any person who willfully violates the terms of any injunction
or court order issued pursuant to this act shall forfeit and pay
a civil penalty of not more than $20,000 per violation, in addition
to other penalties that may be imposed by the court, as the court
shall deem necessary and proper. For the purposes of this act, the
district court issuing an injunction shall retain jurisdiction,
and in such cases, the attorney general, acting in the name of the
state or the appropriate county attorney or district attorney may
petition for recovery of civil penalties.
(c) In administering and pursuing actions under this act, the
attorney general and the county attorney or district attorney are
authorized to sue for and collect reasonable expenses and investigation
fees as determined by the court. Civil penalties or contempt penalties
sued for and recovered by the attorney general shall be paid into
the general fund of the state. Civil penalties and contempt penalties
sued for and recovered by the county attorney or district attorney
shall be paid into the general fund of the county where the proceedings
were instigated.
History: L. 1988, ch. 96, § 15; L. 2001, ch. 105, §
3; July 1.
17-1774.
Same; severability. If any provision of this act, or the
application of such provision to any person, body or circumstance
is held invalid, such invalidity shall not affect other provisions
or applications of the act which can be given effect without the
invalid provision or application, and to this end the provisions
of this act are declared to be severable.
History: L. 1988, ch. 96, § 16;
Jan. 1, 1989.
17-1775.
Same; venue of actions pursuant to act. (a) Every action
pursuant to this act shall be brought in the district court of any
county in which there occurred an act or practice declared to be
a violation of this act, or in which the defendant resides or has
such defendant's principal place of business. If the defendant is
a nonresident and has no principal place of business within this
state, then the nonresident defendant can be sued either in the
district court of Shawnee county or in the district court of any
county in which there occurred an act or practice declared to be
a violation of this act.
(b) This section shall be part of and supplemental to the charitable
organizations and solicitations act.
History: L. 1990, ch. 84, § 6;
July 1.
17-1776.
Same; additional penalty for violations involving elderly or
disabled person
a) If any person is found to have violated any provision of
the charitable organizations and solicitations act, and such
violation is committed against elder or disabled persons, in
addition to any civil penalty otherwise provided by law, the
court may impose an additional civil penalty not to exceed $10,000
for each such violation.
b) In determining whether to impose a civil penalty as provided
in this section and the amount of such civil penalty, the court
shall consider the extent to which one or more of the following
factors are present: |
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(1) Whether
the defendant's conduct was in disregard of the rights of the
elder or disabled person;
(2) whether the defendant knew or should have known that the
defendant's conduct was directed to an elder or disabled person;
(3) whether the elder or disabled person was more vulnerable
to the defendant's conduct because of age, poor health, infirmity,
impaired understanding, restricted mobility or disability than
other persons and actually suffered substantial physical, emotional
or economic damage resulting from the defendant's conduct;
(4) whether the defendant's conduct caused an elder or disabled
person to suffer any of the following: |
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(A) Mental or emotional anguish;
(B) loss of or encumbrance upon a primary residence of the
elder or disabled person;
(C) loss of or encumbrance upon the elder or disabled person's
principal employment or principal source of income;
(D) loss of funds received under a pension or retirement plan
or a government benefits program;
(E) loss of property set aside for retirement or for personal
or family care and maintenance;
(F) loss of assets essential to the health and welfare of
the elder or disabled person; or
(G) any other factors the court deems appropriate.
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(c)
As used in this section elder person and disabled person shall
mean the same as provided in K.S.A. 2002 Supp. 50-676,
and amendments thereto. (d) The provisions of this section shall
be part of and supplemental to the charitable organizations
and solicitations act.
History: L. 2001, ch. 105, §
5; July 1. |
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