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Form a Business

RELIGIOUS, CHARITABLE AND OTHER ORGANIZATIONS

K.S.A. ch. 17, art. 17
in effect

K.S.A. 17-1701 Incorporation; powers and duties.

17-1701. Incorporation; powers and duties. Any religious society, military or fire company, literary, charitable or benevolent association, other than colleges, universities, academies or seminaries, or any grand or subordinate lodge of Free and Accepted Masons, or of the Independent Order of Odd Fellows, Knights of Pythias, Knights of Honor, Ancient Order of United Workmen, Independent Order of Mutual Aid, Good Templars, or any other secret benevolent association or organization, may by the consent of a majority of its members become bodies corporate under this act, by filing the charter required by this act, electing directors or trustees, and performing the things as are directed in the case of other corporations; and when so organized shall have all the powers and privileges and be subject to all the restrictions in this act contained, for the objects named in the charter, and shall have the same power to make bylaws for the regulation of their affairs as other corporations, and shall have the power to adopt a bylaw to reduce the number of its directors or trustees to not less than three, and to incorporate with that number, and to prescribe their term of office, and to do and perform all other acts in accordance with the objects of the said lodges respectively. Such directors or trustees shall not usurp or exercise the functions of the officers in charge of the spiritual affairs of any society. L. 1879, ch. 89, § 1; March 13; R.S. 1923, 17-1701. Source or Prior Law: L. 1866, ch. 57, § 43; G.S. 1868, ch. 23, § 122; L. 1874, ch. 52, § 1. CASE ANNOTATIONS 1. Fraternal insurance orders cannot take property under a will. Kennett v. Kidd, 87 Kan. 652, 125 P. 36; Kennett v. Kidd, 89 Kan. 4, 5, 7, 130 P. 694. 2. Constitution cannot be amended by bylaw; constitution provides for amendments. Kirkpatrick v. Abrahams, 98 Kan. 685, 687, 159 P. 13. 3. Section cited in specially concurring opinion on question of right of K.K.K. to do business. State v. Knights of the Ku Klux Klan, 117 Kan. 564, 580, 232 P. 254, 262. 4. Religious society may accept gift conditioned on paying annual sum to donor. Barger v. French, 122 Kan. 607, 611, 253 P. 230. 5. Benevolent society held liable for employee's negligence unrelated to charitable purpose. McMillen v. Summunduwot Lodge, 143 Kan. 502, 505, 54 P.2d 985. 6. A church corporation has no immunity as to liability in tort and is liable for wrongful death resulting from fall on church property. McAtee v. St. Paul's Mission, 190 Kan. 518, 376 P.2d 823. 7. An organization incorporated under this statute may be charitable for one purpose and not for others. In re Estate of Bauer, 192 Kan. 538, 539, 544, 390 P.2d 16.

K.S.A. 17-1702 Charter.

17-1702. Charter. No religious, literary, scientific, industrial, benevolent or other society, association, company, corporation or institution, that does not have a capital stock will be required, in its charter, to make any statement of the amount of capital stock or amount of each share; but such charter, if it contains the other statements therein required, and also an estimate of the value of the goods, chattels, lands, rights and credits owned by the corporation, will be sufficient. G.S. 1868, ch. 23, § 123; October 31; R.S. 1923, 17-1702. Source or Prior Law: L. 1866, ch. 57, § 44. CASE ANNOTATIONS 1. Savings and loan shareholders could not litigate lawsuit in their own name. Franklin Sav. Corp. v. U.S., 970 F. Supp. 855, 863 (1997).

K.S.A. 17-1703 Real estate and stock of subordinate organizations.

17-1703. Real estate and stock of subordinate organizations. Any subordinate lodge, council or camp or other subordinate organization of any fraternal, benevolent, patriotic or beneficial order or association now established or organized or which may be established or organized hereafter in the state of Kansas, and which is under the control of a supreme, grand or other superior organization, may purchase, own, manage, control, improve, mortgage and dispose of such real estate, including such suitable building or buildings as may be necessary to provide suitable accommodations for the holding of its meetings and transacting of its business, and may purchase, own, manage, control and dispose of stock in a corporation which has for its purpose the building, erection, control, management or ownership of such suitable building or buildings as may be necessary to provide suitable accommodations for the holding of meetings and transacting of business of any organization or organizations as are provided for herein: Provided, That any such building or buildings as are provided for herein may be used in part for other purposes. L. 1899, ch. 164, § 1; L. 1909, ch. 171, § 1; R.S. 1923, 17-1703; L. 1945, ch. 158, § 1; June 28. CASE ANNOTATIONS 1. Fraternal insurance orders cannot take property under a will. Kennett v. Kidd, 87 Kan. 652, 656, 125 P. 36. 2. Amount of real estate which local camp may hold. Kennett v. Kidd, 89 Kan. 4, 5, 7, 130 P. 691. 3. Masonic lodge may take under will and devote property to charity. Clark v. Watkins, 130 Kan. 549, 550, 287 P. 244. 4. Benevolent society not exempt from liability for employee's negligence unrelated to charitable purpose. McMillen v. Summunduwot Lodge, 143 Kan. 502, 505, 506, 54 P.2d 985. 5. Cited; title to and control of abandoned church property governed by church law. United Brethren, etc., v. Mount Carmel Community Cemetery Ass'n, 152 Kan. 243, 248, 103 P.2d 877. 6. Applicable to subordinate lodge under control of superior organization outside state. Long v. Meade, 162 Kan. 129, 130, 131, 132, 174 P.2d 114. 7. A church corporation has no immunity as to liability in tort and is liable for wrongful death resulting from fall on church property. McAtee v. St. Paul's Mission, 190 Kan. 518, 376 P.2d 823. 8. Statute does not prohibit devise of real estate to Masonic lodge if used for construction of meeting place or for charity; dissent. In re Estate of Bauer, 192 Kan. 538, 539, 540, 541, 544, 545, 546, 547, 390 P.2d 16.

K.S.A. 17-1704 Same; title; transfers.

17-1704. Same; title; transfers. The title to any property the ownership of which is provided for in this act shall be vested in the lodge or other subordinate organization, and transfers of the same may be made by the trustees or managers of such organization. L. 1899, ch. 164, § 2; May 15; R.S. 1923, 17-1704. CASE ANNOTATIONS 1. Holding of real estate by fraternal insurance orders considered. Kennett v. Kidd, 87 Kan. 652, 125 P. 36. 2. Cited; title to and control of abandoned church property governed by church law. United Brethren, etc., v. Mount Carmel Community Cemetery Ass'n, 152 Kan. 243, 248, 103 P.2d 877. 3. Applicable to subordinate lodge under control of superior organization outside state. Long v. Meade, 162 Kan. 129, 130, 131, 132, 174 P.2d 114.

K.S.A. 17-1705 Same; contracts and actions concerning real estate.

17-1705. Same; contracts and actions concerning real estate. Such subordinate organizations may contract, sue and be sued through its trustees or managers, in any matter affecting such real estate or buildings: Provided, That no judgment rendered against such organization shall have any force or effect except as against the property owned as provided herein. L. 1899, ch. 164, § 3; May 15; R.S. 1923, 17-1705. CASE ANNOTATIONS 1. Benevolent society not exempt from liability for employee's negligence unrelated to charitable purpose. McMillen v. Summunduwot Lodge, 143 Kan. 502, 505, 506, 54 P.2d 985. 2. Trustees of benevolent society may maintain action to foreclose mortgage, when. Malone v. Wimmer, 147 Kan. 177, 178, 180, 75 P.2d 224. 3. A church corporation has no immunity as to liability in tort and is liable for wrongful death resulting from fall on church property. McAtee v. St. Paul's Mission, 190 Kan. 518, 376 P.2d 823.

K.S.A. 17-1711 Title to property of extinct Baptist societies.

17-1711. Title to property of extinct Baptist societies. That all property, both real and personal, belonging to or held in trust for any Baptist church or any Baptist religious society that has or shall become extinct, shall vest in and become the property of the Kansas Baptist Convention and its successors and assigns: Provided, That nothing herein contained shall affect the title to any Baptist church or Baptist religious society property that is held by any of the Baptist associations of the state: And provided further, That this act shall not affect the reversionary interest of any person or persons in such property or any valid lien thereon. L. 1911, ch. 139, § 1; May 22; R.S. 1923, 17-1711. CASE ANNOTATIONS 1. Cited; title to and control of abandoned church property governed by church law. United Brethren, etc., v. Mount Carmel Community Cemetery Ass'n, 152 Kan. 243, 249, 103 P.2d 877. 2. Proceeding to declare church extinct and to transfer title held barred by laches. Kansas Baptist Convention v. Smith, 178 Kan. 123, 124, 126, 283 P.2d 503.

K.S.A. 17-1712 Same; what society deemed extinct.

17-1712. Same; what society deemed extinct. That any Baptist church or Baptist religious society in this state which has ceased or failed to maintain religious worship or services or to use its property for religious worship or services according to the tenets, usages and customs of Baptist churches in this state for the space of two consecutive years immediately prior thereto, or whose membership has so diminished in numbers or in financial strength as to render it impossible or impracticable for such church or society to maintain religious worship or services, or to protect its property from exposure to waste and delapidation, or to fulfill the purpose for which it was incorporated, shall be deemed and taken to be extinct, and may by an order of the district court of the county in which such society has been theretofore situated be so declared and thereupon dissolved, and the property of such church or society, or property which may be held in trust for such church or society, be transferred to, and the title and possession thereof vested in the said Kansas Baptist Convention. L. 1911, ch. 139, § 2; May 22; R.S. 1923, 17-1712. CASE ANNOTATIONS 1. Proceeding to declare church extinct and to transfer title held barred by laches. Kansas Baptist Convention v. Smith, 178 Kan. 123, 124, 126, 283 P.2d 503.

K.S.A. 17-1713 Same; procedure for transfer of property.

17-1713. Same; procedure for transfer of property. That an application for such an order and disposition of property may be made by any member or officer of the said Kansas Baptist Convention, or by any member of such church or society, when duly authorized thereto by the board of managers of said Kansas Baptist Convention, upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1712 , such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the said Kansas Baptist Convention; it being the intent and purpose of this act to preserve to the Baptist denomination of this state all property owned by or held in trust for any such church or society for religious uses. L. 1911, ch. 139, § 3; May 22; R.S. 1923, 17-1713. CASE ANNOTATIONS 1. Proceeding to declare church extinct and to transfer title held barred by laches. Kansas Baptist Convention v. Smith, 178 Kan. 123, 124, 126, 283 P.2d 503.

K.S.A. 17-1713a Title to property of extinct colored Baptist religious societies.

17-1713a. Title to property of extinct colored Baptist religious societies. That all property, both real and personal, belonging to or held in trust for any colored Baptist church or any colored Baptist religious society that has or shall become extinct, shall vest in and become the property of the missionary Baptist state convention of Kansas and its successors and assigns: Provided, That this act shall not affect the reversionary interests of any person or persons in such property or any valid lien thereon. L. 1939, ch. 160, § 1; June 30. CASE ANNOTATIONS 1. Question of constitutionality of act held not properly before court. Missionary Baptist Convention v. Wimberly Chapel Baptist Church, 170 Kan. 684, 685, 686, 228 P.2d 540.

K.S.A. 17-1713b Same; what society deemed extinct.

17-1713b. Same; what society deemed extinct. That any colored Baptist church or colored Baptist religious society in this state which has ceased or failed to maintain religious worship or services or to use its property for religious worship or services according to the tenets, usages, and customs of Baptist churches in this state for the space of two consecutive years immediately prior thereto, or whose membership has so diminished in numbers or financial strength as to render it impossible or impracticable for such church or society to maintain religious worship or services, or to protect its property from exposure to waste and dilapidation, or to fulfill the purpose for which it was incorporated, shall be deemed and taken to be extinct, and may by an order of the district court of the county in which such society has been theretofore situated be so declared, and thereupon dissolved, and the property of such church or society, or property which may be held in trust for such church or society, be transferred to, and the title and possession thereof vested in the said the missionary Baptist state convention of Kansas. L. 1939, ch. 160, § 2; June 30. CASE ANNOTATIONS 1. Question of constitutionality of act held not properly before court. Missionary Baptist Convention v. Wimberly Chapel Baptist Church, 170 Kan. 684, 685, 686, 687, 228 P.2d 540.

K.S.A. 17-1713c Same; procedure for transfer of property.

17-1713c. Same; procedure for transfer of property. That an application for such an order and disposition of property may be made by any member or officer of the missionary Baptist state convention of Kansas, or by any member of such church or society, when duly authorized thereto by the executive board of said missionary Baptist state convention upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1713b , such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the missionary Baptist state convention of Kansas; it being the intent and purpose of this act to preserve to the Baptist denomination aforesaid of this state all property owned by or held in trust for any such church or society for religious uses. L. 1939, ch. 160, § 3; June 30. CASE ANNOTATIONS 1. Question of constitutionality of act held not properly before court. Missionary Baptist Convention v. Wimberly Chapel Baptist Church, 170 Kan. 684, 685, 686, 687, 228 P.2d 540.

K.S.A. 17-1714 Title to property of certain extinct Christian societies.

17-1714. Title to property of certain extinct Christian societies. That the title to all property, both real and personal, belonging to or held in trust by any religious organization known as the Christian Church, Church of Christ (using instrumental music), or Disciples of Christ or any religious society of the Christian Church, Church of Christ (using instrumental music) or Disciples of Christ that has or shall become extinct, shall vest in and become the property of the Kansas Christian Missionary Society, its successors and assigns: Provided, That this act shall not affect the reversionary interest of any person or persons in such property or any valid lien thereon. L. 1915, ch. 202, § 1; R.S. 1923, 17-1714; L. 1935, ch. 131, § 1; L. 1970, ch. 86, § 1; July 1. Source or Prior Law: L. 1913, ch. 240, § 1. CASE ANNOTATIONS 1. Cited; title to and control of abandoned church property governed by church law. United Brethren, etc., v. Mount Carmel Community Cemetery Ass'n, 152 Kan. 243, 249, 103 P.2d 877.

K.S.A. 17-1715 Same; what societies deemed extinct; order of district court.

17-1715. Same; what societies deemed extinct; order of district court. That any Christian Church, Church of Christ (using instrumental music) or Disciples of Christ or any religious society of the Christian Church, Church of Christ (using instrumental music) or Disciples of Christ in this state which has ceased or failed to maintain religious worship or services or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for the period of two consecutive years immediately prior thereto, or whose membership has so diminished in numbers or in financial strength as to render it impossible or impracticable for such church or society to maintain religious worship or services, or to protect its property from exposure to waste and dilapidation, or to fulfill the purpose for which it was incorporated, shall be deemed and taken to be extinct, and may, by an order of the district court of the county in which such society has been theretofore situated, be so declared extinct and dissolved, and, thereupon the property of such church or society, or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested in the said Kansas Christian Missionary Society. L. 1915, ch. 202, § 2; R.S. 1923, 17-1715; L. 1970, ch. 86, § 2; July 1. Source or Prior Law: L. 1913, ch. 240, § 2.

K.S.A. 17-1716 Same; procedure for transfer of property.

17-1716. Same; procedure for transfer of property. That an application for such order and disposition of property may be made by any member or officer of the said Kansas Christian Missionary Society or by any member of such church or society when duly authorized thereto by the board of directors of the Kansas Christian Missionary Society upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition the court shall proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for are necessary and proper for any of the causes mentioned in K.S.A. 17-1715 , such court shall make a final order, declaring such church or society extinct and dissolving the same; transferring the title and possession of any property which may belong to such church or society, or which may be held in trust for such church or society; and vesting the same in the said Kansas Christian Missionary Society. It being the intent and purpose of this act to preserve to the denomination of the Christian Church, Church of Christ (using instrumental music), or Disciples of Christ in this state all property owned by or held in trust for any such extinct church or society of such denomination. L. 1915, ch. 202, § 3; R.S. 1923, 17-1716; L. 1935, ch. 131, § 2; L. 1970, ch. 86, § 3; July 1. Source or Prior Law: L. 1913, ch. 240, § 3.

K.S.A. 17-1716a Property of certain extinct churches to become property of United Church of Christ.

17-1716a. Property of certain extinct churches to become property of United Church of Christ. (a) The title to all property, whether real, personal or mixed, belonging to or held in trust for or by any religious organization known as the Congregational Church, or the Congregational and Christian Church, or any religious society of the Congregational Church, or the Congregational and Christian Church, or by any religious organization known as the Kansas Congregational and Christian Conference, the Central-South Conference of the Congregational-Christian Churches and the Kansas City Synod of the Evangelical and Reformed Church, or any religious society of the Kansas Congregational and Christian Conference, the Central-South Conference of the Congregational-Christian Churches and the Kansas City Synod of the Evangelical and Reformed Church located in Kansas, that has or shall become extinct shall vest in and become the property of the Kansas-Oklahoma Conference of The United Church of Christ. (b) This act shall not affect the reversionary interest of any person, persons or corporation in such property or any valid lien thereon. L. 1933, ch. 157, § 1; L. 1981, ch. 100, § 1; July 1. CASE ANNOTATIONS 1. Cited; title to and control of abandoned church property governed by church law. United Brethren, etc., v. Mount Carmel Community Cemetery Ass'n, 152 Kan. 243, 249, 103 P.2d 877.

K.S.A. 17-1716b Same; determination of whether church extinct.

17-1716b. Same; determination of whether church extinct. (a) Any Congregational Church, Congregational and Christian Church or any church or society affiliated with the Kansas Congregational and Christian Conference, the Central-South Conference of the Congregational-Christian Churches and the Kansas City Synod of the Evangelical and Reformed Church, in this state which: (1) Has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of such church or society in this state for a period of two consecutive years immediately prior thereto, or to protect its property from exposure, waste and dilapidation, or to fulfill the purposes for which it was organized, created or incorporated; or (2) has diminished in membership or financial strength so as to render it impossible or impracticable for any such church or society to maintain its organization, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated to be so declared extinct and dissolved. Thereupon all the property of every kind of such church or society, or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the Kansas-Oklahoma Conference of the United Church of Christ. (b) This section shall not affect any existing reversionary interests in the property or any liens existing thereon. (c) The intent and purpose of this section is to preserve for religious purposes all property owned by or held in trust for any such extinct church or society. L. 1933, ch. 157, § 2; L. 1981, ch. 100, § 2; July 1.

K.S.A. 17-1716c Same; procedure for transfer of property.

17-1716c. Same; procedure for transfer of property. An application for an order and disposition of property pursuant to K.S.A. 17-1716b , and amendments thereto, may be made by any member or officer of the Kansas-Oklahoma Conference of the United Church of Christ when duly authorized by the board of trustees, or managers, of the Kansas-Oklahoma Conference of the United Church of Christ, upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the proper district court, such court shall proceed in a summary manner as in other civil cases to inquire into the merits of such application. If upon examination by the court it appears to the court that the making of the order and disposition of the property applied for are necessary or proper for any cause mentioned in K.S.A. 17-1716b , and amendments thereto, the court shall make a final order declaring such church or society extinct, dissolving the same and transferring the title and possession of any property which may belong to such church or society, or which may be held in trust for such church or society; and vesting a perfect title to the property in the Kansas-Oklahoma Conference of the United Church of Christ. It being the intent and purpose of this act to preserve to the denomination of the Kansas-Oklahoma Conference of the United Church of Christ all property owned by, or held in trust for any extinct church or society of any denomination formerly called the Congregational Church, the Congregational and Christian Church, the Kansas Congregational and Christian Conference, the Central-South Conference of the Congregational-Christian Churches or the Kansas City Synod of the Evangelical and Reformed Church. L. 1933, ch. 157, § 3; L. 1981, ch. 100, § 3; July 1.

K.S.A. 17-1716d Title to abandoned property of United Brethren in Christ.

17-1716d. Title to abandoned property of United Brethren in Christ. That the title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the church of the United Brethren in Christ, or held for or by any religious society of any such religious organization, which property shall hereafter be determined by the Kansas annual conference of such church to be abandoned property, shall vest in and become the property of the trustees of said Kansas annual conference of said church: Provided, That this act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon. L. 1939, ch. 159, § 1; June 30. CASE ANNOTATIONS 1. Cited; title to and control of abandoned church property governed by church law. United Brethren, etc., v. Mount Carmel Community Cemetery Ass'n, 152 Kan. 243, 249, 103 P.2d 877. 2. Inapplicable to charitable trust created by will for particular church. Shannep v. Strong, 160 Kan. 206, 215, 160 P.2d 683.

K.S.A. 17-1716e Same; procedure for transfer of property.

17-1716e. Same; procedure for transfer of property. That whenever any local congregation of any such church or any local society of any such church either incorporated or unincorporated, shall abandon any of its property, real, personal, or mixed and the said Kansas annual conference of such church shall declare any such property to be abandoned property, then all such property so determined to be abandoned shall ipso facto become the property of the trustees of said Kansas annual conference and shall be subject to lease, rent or sale, or other disposition as such Kansas annual conference may direct, or in such manner as may be provided by the discipline of the church of the United Brethren in Christ as from time to time established, made and determined by the lawful authority of said church with full right of alienation or encumbrance, as provided by such discipline, and the proceeds arising from such lease, sale or encumbrance, shall be disposed of as provided by such discipline. L. 1939, ch. 159, § 2; June 30. CASE ANNOTATIONS 1. Cited; title to and control of abandoned church property governed by church law. United Brethren, etc., v. Mount Carmel Community Cemetery Ass'n, 152 Kan. 243, 249, 103 P.2d 877.

K.S.A. 17-1716f Title to property of Church of Christ (not using instrumental music).

17-1716f. Title to property of Church of Christ (not using instrumental music). The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the Church of Christ (not using instrumental music), that has or shall become extinct shall vest in and become the property of the nearest active Church of Christ (not using instrumental music) (geographically) located within the state of Kansas at the time: Provided, That this act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon. L. 1970, ch. 86, § 4; July 1.

K.S.A. 17-1716g Same; which churches deemed extinct; court order.

17-1716g. Same; which churches deemed extinct; court order. Any Church of Christ (not using instrumental music) in this state which has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for a period of two (2) consecutive years immediately prior thereto, or whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church to maintain religious worship or services, or to maintain its organization, or to protect its property from exposure, waste and dilapidation, or to fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by order of the district court of the county in which such church has been theretofore situated be so declared extinct and dissolved; and thereupon all the property of every kind of such church or property which may be held in trust for such church shall be transferred to, and the title and possession thereof by order of the court be vested in the nearest active Church of Christ (not using instrumental music) (geographically) located within the state of Kansas. L. 1970, ch. 86, § 5; July 1.

K.S.A. 17-1716h Same; procedure for transfer.

17-1716h. Same; procedure for transfer. An application for such an order and disposition of property may be made by any member or officer of the nearest active Church of Christ (not using instrumental music) (geographically) located in Kansas, or by any member of the abandoned or extinct church upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1716g , such court shall make a final order, declaring such church extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church, or held in trust for such church, and vesting the same in the active Church of Christ (not using instrumental music) located nearest geographically to the abandoned or extinct church; it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church for religious uses. L. 1970, ch. 86, § 6; July 1.

K.S.A. 17-1722 Corporations for the promotion of labor and industry; fees; tax exempt.

17-1722. Corporations for the promotion of labor and industry; fees; tax exempt. That five or more persons may form a corporation for the purpose of promoting the interest and welfare of labor and industry, which corporation shall not engage in business for profit; and no such corporation shall be required to pay any corporation taxes or any fees except filing and recording fees; the affairs of such corporation shall be managed by a board of directors composed of not less than five members. L. 1920, ch. 24, § 1; February 6; R.S. 1923, 17-1722.

K.S.A. 17-1723 Same; laws applicable.

17-1723. Same; laws applicable. That such corporations shall in all other respects be organized in the same manner as other corporations, not formed for profit as now provided by law and when organized shall have all the powers now given by law to such corporations. L. 1920, ch. 24, § 2; February 6; R.S. 1923, 17-1723.

K.S.A. 17-1726 Organization of nonprofit corporation to receive, manage and dispose of property for certain churches, church organizations or religious societies; membership; bylaws; authority.

17-1726. Organization of nonprofit corporation to receive, manage and dispose of property for certain churches, church organizations or religious societies; membership; bylaws; authority. The governing body or ecclesiastical head of any unincorporated church, church organization, or religious society having, under the laws, canons, rules, regulations, or usages of such church, organization, or society, the authority to conduct and manage its property and temporal affairs, may organize or cause to be organized one or more corporations not for profit under the provisions of the general corporation code of Kansas to receive, hold, manage, encumber, and dispose of real and personal property used by or held for the benefit of such church, church organization, or religious society. The members of any such corporation shall be determined in the manner set forth in its articles of incorporation, which articles may also set forth how such corporation shall be governed or that its government shall be in such manner as shall be set forth in its bylaws. No such corporation shall have authority to conduct religious services or to make or enforce laws, canons, rules or regulations relating to ecclesiastical or doctrinal matters, or to perform any of the functions or exercise any of the powers which are proper only to religious corporations. L. 1961, ch. 126, § 1; June 30. CASE ANNOTATIONS 1. A church corporation has no immunity as to liability in tort and is liable for wrongful death resulting from fall on church property. McAtee v. St. Paul's Mission, 190 Kan. 518, 376 P.2d 823.

K.S.A. 17-1732 Title to abandoned property of German Baptist Brethren church.

17-1732. Title to abandoned property of German Baptist Brethren church. The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the German Baptist Brethren church, or the German Baptist church, that has or shall become extinct shall vest in and become the property of the Church of the Brethren, District of Kansas, and its successors and assigns: Provided, That this act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon. L. 1968, ch. 345, § 1; July 1.

K.S.A. 17-1733 Same; transfer when church extinct; determination.

17-1733. Same; transfer when church extinct; determination. Any German Baptist Brethren church or the German Baptist church in this state which (a) has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for a period of two (2) consecutive years immediately prior thereto, (b) or whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or society to maintain religious worship or services, or to maintain its organization, (c) or to protect its property from exposure, waste and dilapidation, (d) or to fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated to be so declared extinct and dissolved, and thereupon all the property of every kind of such church or society or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the said Church of the Brethren, District of Kansas. L. 1968, ch. 345, § 2; July 1.

K.S.A. 17-1734 Same; procedure for transfer of property.

17-1734. Same; procedure for transfer of property. An application for such an order and disposition of property may be made by any member or officer of the Church of the Brethren, District of Kansas, or by proper officials of said church upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1733 , such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the Church of the Brethren, District of Kansas; it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or society for religious uses. L. 1968, ch. 345, § 3; July 1.

K.S.A. 17-1735 Title to abandoned property of Church of the Nazarene.

17-1735. Title to abandoned property of Church of the Nazarene. The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for any religious organization situated within the jurisdiction of the District Advisory Board of the Church of the Nazarene, Kansas District, and known as the Church of the Nazarene that has or shall become extinct shall vest in and become the property of the District Advisory Board of the Church of the Nazarene, Kansas District, and its successors and assigns: Provided, That this act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon. L. 1971, ch. 74, § 1; July 1.

K.S.A. 17-1736 Same; transfer when church extinct; determination.

17-1736. Same; transfer when church extinct; determination. Any Church of the Nazarene situated within the jurisdiction of the District Advisory Board of the Church of the Nazarene, Kansas District, in this state which, (a) has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for a period of two (2) consecutive years immediately prior thereto, (b) or whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or society to maintain religious worship or services, or to maintain its organization, (c) or to protect its property from exposure, waste and dilapidation, (d) or to fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated be declared extinct and dissolved, and thereupon all the property of every kind of such church or society or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the District Advisory Board of the Church of the Nazarene, Kansas District. L. 1971, ch. 74, § 2; July 1.

K.S.A. 17-1737 Same; procedure for transfer of property.

17-1737. Same; procedure for transfer of property. An application for such an order and disposition of property may be made by any member or officer of the District Advisory Board of the Church of the Nazarene, Kansas District, or by proper officials of said church upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned, such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the District Advisory Board of the Church of the Nazarene, Kansas District; it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or society for religious uses. L. 1971, ch. 74, § 3; July 1.

K.S.A. 17-1737a Titles to abandoned property of the Swedish evangelical mission association.

17-1737a. Titles to abandoned property of the Swedish evangelical mission association. The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the Swedish evangelical mission association, that has or shall become extinct shall vest in and become the property of the midwest regional conference of the evangelical covenant church of America, a corporation, and its successors and assigns. This act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon. L. 1976, ch. 292, § 1; July 1.

K.S.A. 17-1737b Same; transfer when association extinct, determination.

17-1737b. Same; transfer when association extinct, determination. Any Swedish evangelical mission association in this state which (a) has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of said churches in this state for a period of two (2) consecutive years immediately prior thereto, (b) or whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or society to maintain religious worship or services, or to maintain its organization, (c) or to protect its property from exposure, waste and dilapidation, (d) or to fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated to be so declared extinct and dissolved, and thereupon all the property of every kind of such church or society or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the said midwest regional conference of the evangelical covenant church of America, a corporation. L. 1976, ch. 292, § 2; July 1.

K.S.A. 17-1737c Same; procedure for transfer of property.

17-1737c. Same; procedure for transfer of property. An application for such an order and disposition of property may be made by any member or officer of the midwest regional conference of the evangelical covenant church of America, a corporation, or by proper officials of said church upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the district court such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1737b , such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the midwest regional conference of the evangelical covenant church of America, a corporation, it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or society for religious uses. L. 1976, ch. 292, § 3; July 1.

K.S.A. 17-1738 Merger or consolidation of charitable corporations or associations; effect on gift, devise or bequest to any of original corporations or associations.

17-1738. Merger or consolidation of charitable corporations or associations; effect on gift, devise or bequest to any of original corporations or associations. Whenever one or more charitable corporations or associations shall merge into another such corporation or association or whenever two or more charitable corporations or associations shall combine or consolidate operations under a new corporation or association formed to assume the combined or unified operation and management of said original corporations or associations, such change of identity and/or mode of operation shall not cause a lapse of any gift, devise or bequest made or given to said original corporation or association so merged or consolidated, and said original corporation or association shall be considered to continue in existence, whether or not it is still formally in existence and active, for the purpose of enabling said prior corporation or association to receive or take any gift, legacy or devise made for its benefit and intended for its use and purpose the same as though merger, consolidation or other change had not been effected. Immediately upon the receipt of any such gift, legacy or devise the proceeds thereof and the title to such property shall vest in the corporation or association which shall have assumed operating control or into which the original corporation or corporations or association or associations shall have been merged or consolidated. L. 1972, ch. 56, § 1; July 1. Cross References to Related Sections: Procedure for merger or consolidation of corporations, see 17-6701 et seq. CASE ANNOTATIONS 1. Applied in construing residuary clause of will; lapsed legacy; no merger of institutions. In re Estate of Coleman, 2 Kan. App. 2d 567, 573, 584 P.2d 1255.

K.S.A. 17-1753 Title to property of Free Methodist Church of North America.

17-1753. Title to property of Free Methodist Church of North America. The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any religious organization known as the Free Methodist Church of North America that has or shall become extinct shall vest in and become the property of the Great Plains Annual Conference of the Free Methodist Church of North America, a corporation, and its successors and assigns. This act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon. L. 1984, ch. 84, § 1; April 5.

K.S.A. 17-1754 Same; transfer when church extinct; determination.

17-1754. Same; transfer when church extinct; determination. Any Free Methodist Church of North America in this state: (a) Which has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of the churches in this state for a period of two consecutive years immediately prior thereto; or (b) whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or society to: (1) Maintain religious worship or services, or to maintain its organization; (2) protect its property from exposure, waste and dilapidation; or (3) fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or society has been theretofore situated to be so declared extinct and dissolved, and thereupon all the property of every kind of such church or society or property which may be held in trust for such church or society shall be transferred to, and the title and possession thereof vested absolutely in the Great Plains Annual Conference of the Free Methodist Church of North America, a corporation. L. 1984, ch. 84, § 2; April 5.

K.S.A. 17-1755 Same; procedure for transfer of property.

17-1755. Same; procedure for transfer of property. An application for such an order and disposition of property may be made by any member or officer of the Great Plains Annual Conference of the Free Methodist Church of North America, a corporation, or by proper officials of the church upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the district court the court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1754 , such court shall make a final order, declaring such church or society extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or society, or held in trust for such church or society, and vesting the same in the Great Plains Annual Conference of the Free Methodist Church of North America, a corporation, it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or society for religious uses. L. 1984, ch. 84, § 3; April 5.

K.S.A. 17-1756 Title to property of Assembly of God Church.

17-1756. Title to property of Assembly of God Church. The title to all abandoned property, both real, personal and mixed, belonging to or held in trust for or by any Assembly of God Church or Assembly of God religious organization that has or shall become extinct shall vest in and become the property of the Kansas District Council Assemblies of God, Inc., a corporation, and its successors and assigns. This act shall not affect the reversionary interest of any person or persons, or corporation, now existing in any such property or any valid lien now existing thereon. L. 1985, ch. 85, § 1; April 11.

K.S.A. 17-1757 Same; transfer when church extinct; determination.

17-1757. Same; transfer when church extinct; determination. Any Assembly of God Church or religious organization in this state: (a) Which has ceased or failed to maintain religious worship or services, or to use its property for religious worship or services according to the tenets, usages and customs of the churches in this state for a period of two consecutive years immediately prior thereto; or (b) whose members have so diminished in numbers or in financial strength as to render it impossible or impracticable for any such church or organization to: (1) Maintain religious worship or services, or to maintain its organization; (2) protect its property from exposure, waste and dilapidation; or (3) fulfill the purposes for which it was organized, created or incorporated, shall be deemed and taken to be extinct and may by an order of the district court of the county in which such church or organization has been theretofore situated to be so declared extinct and dissolved, and thereupon all the property of every kind of such church or organization or property which may be held in trust for such church or organization shall be transferred to, and the title and possession thereof vested absolutely in the Kansas District Council Assemblies of God, Inc., a corporation. L. 1985, ch. 85, § 2; April 11.

K.S.A. 17-1758 Same; procedure for transfer of property.

17-1758. Same; procedure for transfer of property. An application for such an order and disposition of property may be made by any member or officer of the Kansas District Council Assemblies of God, Inc., a corporation, or by proper officials of the church upon a verified petition setting forth the facts authorizing such order and disposition of property. Upon the presentation of such petition to the district court, the court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order and disposition of the property applied for is necessary or proper, for any of the causes mentioned in K.S.A. 17-1757 , such court shall make a final order, declaring such church or organization extinct and dissolving the same, and transferring any property and the title and possession thereof which may belong to such church or organization, or held in trust for such church or organization, and vesting the same in the Kansas District Council Assemblies of God, Inc., a corporation, it being the intent and purpose of this act to preserve all property owned by or held in trust for any such extinct church or organization for religious uses. L. 1985, ch. 85, § 3; April 11.

K.S.A. 17-1759 Solicitations by charitable organizations; title of act.

17-1759. Solicitations by charitable organizations; title of act. K.S.A. 17-1759 through 17-1776 , and amendments thereto and K.S.A. 17-1778 , and amendments thereto, shall be known and may be cited as the charitable organizations and solicitations act. L. 1988, ch. 96, § 1; L. 2021, ch. 110, § 11; May 27. Law Review and Bar Journal References: "Protecting Charitable Assets in Hospital Conversions: An Important Role for the Attorney General," Phill Kline, Robert T. Stephan, Reid F. Holbrook, 13 Kan. J.L. & Pub. Pol'y, No. 3, 351 (2004). Governmental Ethics Commission Opinions: Department of education general counsel has established not for profit corporation for public education assistance; charitable solicitation contribution license; possible conflicts of interest examined. 94-40. CASE ANNOTATIONS 1. Trial court order enjoining corporation from amending articles of incorporation violated due process. Kansas East Conf. of the United Methodist Church v. Bethany Med. Ctr., 266 Kan. 366, 371, 969 P.2d 859 (1998).

K.S.A. 17-1760 Definitions.

17-1760. 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: (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. L. 1988, ch. 96, § 2; L. 1990, ch. 84, § 1; July 1. Law Review and Bar Journal References: "Protecting Charitable Assets in Hospital Conversion: An Important Role for the Attorney General," Phill Kline, Robert T. Stephan and Reid F. Holbrook, XIII Kan. J.L. & Pub. Pol'y, No. III, 351, 379 (2004). Governmental Ethics Commission Opinions: Residual campaign funds may be contributed to charitable organizations. 2009-1.

K.S.A. 17-1761 Registration of charitable organizations.

17-1761. 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 . L. 1988, ch. 96, § 3; January 1, 1989.

K.S.A. 17-1762 Exemptions from registration.

17-1762. Exemptions from registration. The following persons shall not be required to register with the attorney general: (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 fundraising functions are carried on by persons who are unpaid, directly or indirectly, for such services; (d) any charitable organization that 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 fundraising functions are carried on by persons who are unpaid for such services. 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 attorney general 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 fundraising 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 fundraising 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 that 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 that 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 that 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 center for people with intellectual disability and its affiliates as determined by the Kansas department for aging and disability 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 that 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 that 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 that 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; (u) the junior league, including any local community organization affiliated therewith; and (v) any charitable organization that is an animal shelter licensed pursuant to K.S.A. 47-1701 et seq., and amendments thereto. L. 1988, ch. 96, § 4; L. 1989, ch. 76, § 1; L. 2012, ch. 91, § 3; L. 2014, ch. 115, § 13; L. 2019, ch. 47, § 53; L. 2021, ch. 110, § 12; May 27. Law Review and Bar Journal References: "Protecting Charitable Assets in Hospital Conversion: An Important Role for the Attorney General," Phill Kline, Robert T. Stephan and Reid F. Holbrook, XIII Kan. J.L. & Pub. Pol'y, No. III, 351, 379 (2004).

K.S.A. 17-1763 Registration statement; audited financial statement; issuance of license and identification number; fee; rules and regulations.

17-1763. 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 a registered statement with the attorney general prior to solicitation. (b) The attorney general shall prescribe registration forms that shall be signed and sworn to by two authorized officers of the organization, including the chief fiscal officer, and shall include the following information about such organization's activities in this state: (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 fundraising incurred or anticipated to be incurred by the organization, including a statement of such costs as a percentage of contributions received; and (15) a copy of the federal income tax return of the charitable organization, if the charitable organization is required to file such; otherwise a financial statement covering complete disclosure of the fiscal activities of the organization during the preceding year. The financial statement shall be submitted on forms approved by the attorney general, 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. (c) A charitable organization that received contributions in excess of $500,000 during the organization's most recently completed fiscal year shall file, in addition to the federal income tax returns or 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 a proper registration and payment of applicable fees, the attorney general 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 attorney general shall pay a fee of $25 with each registration. (f) (1) The attorney general may adopt rules and regulations necessary for the administration of the charitable organizations and solicitations act. (2) All rules and regulations, orders, directives and standards of the secretary of state relating to the charitable organizations and solicitations act that are in effect on June 30, 2021, shall be deemed to be the rules and regulations, orders, directives and standards of the attorney general and shall continue to be effective until amended, revoked or nullified pursuant to law. (g) A state agency or state official shall not impose any annual filing or reporting requirements on a private foundation, as defined in 26 U.S.C. § 509(a), as in effect on July 1, 2021, or a charitable trust, as defined in 26 U.S.C. § 4947(a)(1), as in effect on July 1, 2021, that are more stringent, restrictive or expansive than such requirements in the Kansas Statutes Annotated or federal law. L. 1988, ch. 96, § 5; L. 1993, ch. 135, § 1; L. 2005, ch. 83, § 1; L. 2021, ch. 110, § 13; May 27.

K.S.A. 17-1764 Registration of professional fund raiser; application; duration of registration; fee; annual report.

17-1764. Registration of professional fund raiser; application; duration of registration; fee; annual report. (a) No person shall act as a professional fund raiser for a charitable organization or for any religious organization as described in K.S.A. 17-1762 (k), and amendments thereto, before such person has registered with the attorney general or after the expiration or cancellation of such registration or any renewal of such registration. (b) An application for registration or renewal shall be in writing and under oath in the form prescribed by the attorney general. Registration shall be in effect for a period of one year, or a part thereof, expiring on June 30, and may be renewed for additional one-year periods. (c) Every professional fund raiser required to register with the attorney general shall: (1) Pay a fee of $25 with each registration or renewal; and (2) file an annual written report with the attorney general containing such information as the attorney general may require by rules and regulations adopted pursuant to K.S.A. 17-1763 , and amendments thereto. L. 1988, ch. 96, § 6; L. 1989, ch. 76, § 2; L. 1990, ch. 84, § 2; L. 2001, ch. 105, § 4; L. 2021, ch. 110, § 14; May 27. Law Review and Bar Journal References: "2001 Legislative Wrap-Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).

K.S.A. 17-1765 Professional solicitors; registration; application; duration; fee.

17-1765. Professional solicitors; registration; application; duration; fee. (a) No person shall act as a professional solicitor in the employ of a professional fund raiser before such person has registered with the attorney general or after the expiration or cancellation of such registration or any renewal of such registration. (b) An application for registration or renewal shall be in writing and under oath in the form prescribed by the attorney general. Registration shall be in effect for a period of one year, or a part thereof, expiring on June 30, and may be renewed for additional one-year periods. (c) Upon receipt of a proper registration or renewal and payment of applicable fees, the attorney general shall issue a professional solicitor's license and identification number. (d) Every professional solicitor required to register with the attorney general shall pay a fee of $25 with each registration or renewal. L. 1988, ch. 96, § 7; L. 1989, ch. 76, § 3; L. 2021, ch. 110, § 15; May 27.

K.S.A. 17-1766 Disclosures required.

17-1766. 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 , and amendments thereto, 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 amendments thereto; and (d) that an annual financial report required by K.S.A. 17-1763 , and amendments thereto, for the preceding fiscal year is on file with the attorney general. L. 1988, ch. 96, § 8; L. 2021, ch. 110, § 16; May 27.

K.S.A. 17-1767 Investigation and prosecution.

17-1767. 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: (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: (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: (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. L. 1988, ch. 96, § 9; L. 1989, ch. 159, § 1; L. 1990, ch. 84, § 3; L. 1993, ch. 135, § 2; July 1.

K.S.A. 17-1768 Remedies.

17-1768. Remedies. (a) The attorney general, county or district attorney may bring an action to: (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: (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. L. 1988, ch. 96, § 10; L. 1990, ch. 84, § 4; July 1. Law Review and Bar Journal References: "Protecting Charitable Assets in Hospital Conversions: An Important Role for the Attorney General," Phill Kline, Robert T. Stephan, Reid F. Holbrook, 13 Kan. J.L. & Pub. Pol'y, No. 3, 351 (2004).

K.S.A. 17-1769 Unlawful acts and practices.

17-1769. 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 the charitable organizations and solicitations 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: (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 the charitable organizations and solicitations act whether it occurs before, during or after the solicitation. (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 that the charitable organization or fund raiser knew or had reason to know including, but not limited to, the following: (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 attorney general; (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. L. 1988, ch. 96, § 11; L. 1990, ch. 84, § 5; L. 2021, ch. 110, § 17; May 27. Law Review and Bar Journal References: "Protecting Charitable Assets in Hospital Conversion: An Important Role for the Attorney General," Phill Kline, Robert T. Stephan and Reid F. Holbrook, XIII Kan. J.L. & Pub. Pol'y, No. III, 351, 379 (2004).

K.S.A. 17-1770 Service of process; agent, secretary of state; fee.

17-1770. 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. L. 1988, ch. 96, § 12; January 1, 1989.

K.S.A. 17-1771 Registration not endorsement by state; unlawful to advertise compliance with this act; penalty.

17-1771. Registration not endorsement by state; unlawful to advertise compliance with this act; penalty. Registration under the charitable organizations and solicitations 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 the charitable organizations and solicitations act, for the purpose of solicitation and collection of funds for charitable purposes. The attorney general shall cancel the registration of any organization, professional fund raiser or professional solicitor that violates the provisions of this section. L. 1988, ch. 96, § 13; L. 2021, ch. 110, § 18; May 27.

K.S.A. 17-1772 Reciprocal agreements.

17-1772. Reciprocal agreements. (a) The attorney general may enter into reciprocal agreements relating to the charitable organizations and solicitations act with a like authority of any other state or states for the purpose of exchanging information made available to the attorney general or to such other like authority. (b) All reciprocal agreements entered into by the secretary of state relating to the charitable organizations and solicitations act that are in effect on June 30, 2021, shall be deemed to be reciprocal agreements entered into by the attorney general and shall continue to be effective until amended, revoked or nullified pursuant to law. L. 1988, ch. 96, § 14; L. 2021, ch. 110, § 19; May 27.

K.S.A. 17-1773 Violations of act; civil penalty; disposition of penalties recovered.

17-1773. 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. L. 1988, ch. 96, § 15; L. 2001, ch. 105, § 3; July 1.

K.S.A. 17-1774 Severability.

17-1774. 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. L. 1988, ch. 96, § 16; January 1, 1989.

K.S.A. 17-1775 Venue of actions pursuant to act.

17-1775. 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. L. 1990, ch. 84, § 6; July 1.

K.S.A. 17-1776 Additional penalty for violations involving elderly or disabled person.

17-1776. 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: (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: (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. (c) As used in this section elder person and disabled person shall mean the same as provided in K.S.A. 50-676 , and amendments thereto. (d) The provisions of this section shall be part of and supplemental to the charitable organizations and solicitations act. L. 2001, ch. 105, § 5; July 1.

K.S.A. 17-1777 Charitable organizations fee fund created.

17-1777. Charitable organizations fee fund created. There is hereby created in the state treasury the charitable organizations fee fund. The attorney general shall remit all moneys received pursuant to the charitable organizations and solicitations act to the state treasurer in accordance with the provisions of K.S.A. 75-4215 , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the charitable organizations fee fund. Moneys in the charitable organizations fee fund shall be used by the attorney general to carry out the provisions and purposes of the charitable organizations and solicitations act. All expenditures from the charitable organizations fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or a person designated by the attorney general. L. 2021, ch. 110, § 9; May 27.

K.S.A. 17-1778 Custody of records.

17-1778. Custody of records. The attorney general shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the secretary of state relating to the charitable organizations and solicitations act. L. 2021, ch. 110, § 10; May 27.

K.S.A. 17-1779 Charitable privacy act; prohibiting a public agency from requiring or disclosing personal information about an affiliation with a nonprofit organization; personal information not subject to open records act; exceptions.

17-1779. Charitable privacy act; prohibiting a public agency from requiring or disclosing personal information about an affiliation with a nonprofit organization; personal information not subject to open records act; exceptions. (a) A public agency shall not: (1) Require an individual to provide the public agency with personal information or compel the release of personal information; (2) require a nonprofit organization to provide the public agency with personal information or compel the release of personal information; (3) release or publicly disclose personal information in the possession of such public agency; or (4) request or require a current or prospective contractor or grant recipient to provide the public agency with a list of nonprofit organizations to which the contractor or grantee has provided financial or nonfinancial support. (b) Personal information shall be confidential and shall not be subject to the open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this subsection shall expire on July 1, 2027, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229 , and amendments thereto. (c) The provisions of this section shall not apply to: (1) A report or disclosure required by article 41 of chapter 25 or article 2 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto; (2) a valid warrant issued for personal information by a court of competent jurisdiction; (3) a lawful request for discovery of personal information in litigation if the person making such request: (A) Demonstrates a compelling need for the personal information by clear and convincing evidence; and (B) obtains a protective order barring disclosure of the personal information to any person not named in the litigation; (4) admission of personal information as relevant evidence before a court of competent jurisdiction, except that no court shall disclose personal information unless such court makes a finding of good cause; (5) a national securities association as defined in section 15A of the securities exchange act of 1934, as in effect on July 1, 2022, or any regulations adopted thereunder; (6) any adult care home as defined in K.S.A. 39-923 , and amendments thereto; (7) information provided to the attorney general as part of the registration process, or collected as part of the enforcement of, the charitable organizations and solicitations act, K.S.A. 17-1759 et seq., and amendments thereto, except that information that directly identifies an individual as a donor of financial support to a nonprofit organization shall not be disclosed without the consent of the donor; (8) information provided to the attorney general by any person, including, but not limited to, a consumer, supplier or related witness, collected as part of the enforcement of the Kansas consumer protection act, K.S.A. 50-623 et seq., and amendments thereto, except that information that directly identifies an individual as a donor of financial support to a nonprofit organization shall not be disclosed without the consent of the donor; (9) information concerning the staff, officers and the individuals designated to control funding needed to process and verify a request for a grant of funds from or a contract for goods or services with any public agency, except that information that directly identifies an individual as a donor of financial support to a nonprofit organization shall not be disclosed; (10) a request by the department of revenue, the Kansas bureau of investigation or the Kansas legislature for information required for an audit, background check, examination or investigation, except that such information shall only be used in connection with the specific audit, background check, examination or investigation and for any related proceedings; and (11) the collection of information related to boards of directors, officers, resident agents, incorporators and large capital holders of an organization in any report or disclosure required by any statute to be made with the secretary of state with the intent that it becomes a public record, except that information that directly identifies an individual as a donor of financial support to a nonprofit organization shall not be disclosed. (d) (1) A person alleging a violation of this section may bring a civil action for injunctive relief or damages. Damages awarded pursuant to this section shall be not less than $7,500 for each violation of this section. (2) The court may award reasonable attorney fees and costs to the complainant when the court determines such award is appropriate. (3) A person who knowingly violates the provisions of this section is guilty of a class C nonperson misdemeanor. (e) For the purposes of this section: (1) "Nonprofit organization" means an organization that is exempt from federal income taxation pursuant to section 501(c) of the federal internal revenue code, has submitted an application with the internal revenue service for recognition of an exemption under section 501(c) of the federal internal revenue code or is a not-for-profit business entity organized under the Kansas general corporation code; (2) "personal information" means any list, record, register, registry, roll, roster or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter or volunteer of or donor of financial or nonfinancial support to a nonprofit organization; and (3) "public agency" means the state or any political or taxing subdivision of the state or any office, agency or instrumentality thereof. (f) This section shall be known and may be cited as the charitable privacy act. L. 2022, ch. 62, § 1; July 1.
Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch17.htmlFetched: 10/20/2026

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