17-1768. Same; 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.
History: L. 1988, ch. 96, § 10; L. 1990, ch. 84, § 4; July 1.
Structure Kansas Statutes
Article 17 - Religious, Charitable And Other Organizations
17-1701 Incorporation; powers and duties.
17-1703 Real estate and stock of subordinate organizations.
17-1704 Same; title; transfers.
17-1705 Same; contracts and actions concerning real estate.
17-1711 Title to property of extinct Baptist societies.
17-1712 Same; what society deemed extinct.
17-1713 Same; procedure for transfer of property.
17-1713a Title to property of extinct colored Baptist religious societies.
17-1713b Same; what society deemed extinct.
17-1713c Same; procedure for transfer of property.
17-1714 Title to property of certain extinct Christian societies.
17-1715 Same; what societies deemed extinct; order of district court.
17-1716 Same; procedure for transfer of property.
17-1716a Property of certain extinct churches to become property of United Church of Christ.
17-1716b Same; determination of whether church extinct.
17-1716c Same; procedure for transfer of property.
17-1716d Title to abandoned property of United Brethren in Christ.
17-1716e Same; procedure for transfer of property.
17-1716f Title to property of Church of Christ (not using instrumental music).
17-1716g Same; which churches deemed extinct; court order.
17-1716h Same; procedure for transfer.
17-1722 Corporations for the promotion of labor and industry; fees; tax exempt.
17-1723 Same; laws applicable.
17-1732 Title to abandoned property of German Baptist Brethren church.
17-1733 Same; transfer when church extinct; determination.
17-1734 Same; procedure for transfer of property.
17-1735 Title to abandoned property of Church of the Nazarene.
17-1736 Same; transfer when church extinct; determination.
17-1737 Same; procedure for transfer of property.
17-1737a Titles to abandoned property of the Swedish evangelical mission association.
17-1737b Same; transfer when association extinct, determination.
17-1737c Same; procedure for transfer of property.
17-1753 Title to property of Free Methodist Church of North America.
17-1754 Same; transfer when church extinct; determination.
17-1755 Same; procedure for transfer of property.
17-1756 Title to property of Assembly of God Church.
17-1757 Same; transfer when church extinct; determination.
17-1758 Same; procedure for transfer of property.
17-1759 Solicitations by charitable organizations; title of act.
17-1761 Same; registration of charitable organizations.
17-1762 Same; exemptions from registration.
17-1765 Same; professional solicitors; registration; application; duration; fee.
17-1766 Same; disclosures required.
17-1767 Same; investigation and prosecution.
17-1769 Same; unlawful acts and practices.
17-1770 Same; service of process; agent, secretary of state; fee.
17-1772 Same; reciprocal agreements.
17-1773 Same; violations of act; civil penalty; disposition of penalties recovered.
17-1775 Same; venue of actions pursuant to act.
17-1776 Same; additional penalty for violations involving elderly or disabled person.