Kansas Statutes

Chapter 75: State Departments; Public Officers And Employees

Article 13: State Bank Commissioner

Statutes:

• 75-1301:
• 75-1302:
• 75-1303:
• 75-1304: State bank commissioner; appointment; qualifications; duties.
• 75-1305: Oaths.
• 75-1306: Office of state bank commissioner.
• 75-1307:
• 75-1308: Record of fees and expenses; disposition of moneys received; bank commissioner fee fund.
• 75-1309: Abolition of savings and loan department and office of savings and loan commissioner; transfer of powers, duties and functions to office of state bank commissioner.
• 75-1310: State bank commissioner successor to all powers, duties and functions of savings and loan commissioner.
• 75-1311: Transfer of property and records; disposition of conflicts.
• 75-1312: Rights preserved in legal actions and proceedings.
• 75-1313: Transfer of all funds to bank commissioner fee fund.
• 75-1314: Abolition of office of consumer credit commissioner; transfer of powers, duties and functions to office of state bank commissioner.
• 75-1315: Succession to powers, duties and functions of consumer credit commissioner by state bank commissioner and deputy commissioner for consumer and mortgage lending; transfer of real property.
• 75-1316: Same, transfer of property and records; resolution of conflicts.
• 75-1317: Rights preserved in legal actions and proceedings.
• 75-1318: Transfer of all funds to bank commissioner fee fund; liability for accrued compensation of transferred employees.
• 75-1319: Transfer of employees to office of state bank commissioner.

• 75-1301:

        History:   R.S. 1923, 75-1301; L. 1927, ch. 297, § 1; Repealed, L. 1947, ch. 102, § 143; June 30.

• 75-1302:

        History:   L. 1897, ch. 47, § 22; R.S. 1923, 75-1302; Repealed, L. 1947, ch. 102, § 143; June 30.

• 75-1303:

        History:   L. 1897, ch. 47, § 56; L. 1919, ch. 92, § 1; R.S. 1923, 75-1303; L. 1943, ch. 269, § 22; Repealed, L. 1947, ch. 102, § 143; June 30.

• 75-1304: State bank commissioner; appointment; qualifications; duties. (a) The governor shall appoint, subject to confirmation by the senate as provided in K.S.A. 75-4315b, a state bank commissioner who shall serve at the pleasure of the governor.

        (b)   No person shall be eligible for appointment as commissioner unless such person has at least five years actual experience as an executive officer in a state or national bank located in this state.

        (c)   The commissioner shall devote the commissioner's time and attention to the business and duties of the office on a full-time basis.

        (d)   While serving as bank commissioner, the commissioner shall not be an officer, voting director, employee or paid consultant of:

        (1)   Any state or national bank or bank holding company;

        (2)   any affiliate of a state or national bank or bank holding company; or

        (3)   any other entity regulated by the commissioner.

        History:   L. 1947, ch. 102, § 83; L. 1978, ch. 308, § 71; L. 1981, ch. 299, § 62; L. 1982, ch. 347, § 50; L. 1999, ch. 166, § 1; July 1.

• 75-1305: Oaths. The commissioner, his or her assistant and examiners, before entering upon the discharge of their duties shall take and subscribe the usual oath of office.

        History:   L. 1947, ch. 102, § 84; L. 1967, ch. 434, § 52; July 1.

• 75-1306: Office of state bank commissioner. It shall be the duty of the secretary of administration to provide the commissioner with suitable office space at Topeka.

        History:   L. 1947, ch. 102, § 85; L. 1953, ch. 375, § 69; L. 1978, ch. 330, § 11; July 1.

• 75-1307:

        History:   L. 1947, ch. 102, § 86; Repealed, L. 1961, ch. 408, § 1; June 30.

• 75-1308: Record of fees and expenses; disposition of moneys received; bank commissioner fee fund. The commissioner shall keep a record of all fees collected by the commissioner, together with a record of all expenses incurred in the administration of programs regulated by the division of banking and in the administration of programs regulated by the division of consumer and mortgage lending. The bank commissioner shall remit all moneys received by or for the commissioner from such fees 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. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the bank commissioner fee fund. All expenditures from the bank commissioner 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 bank commissioner or by a person or persons designated by the commissioner.

        History:   L. 1947, ch. 102, § 94; L. 1973, ch. 50, § 1; L. 1999, ch. 166, § 10; L. 2001, ch. 5, § 366; L. 2004, ch. 22, § 22; July 1.

• 75-1309: Abolition of savings and loan department and office of savings and loan commissioner; transfer of powers, duties and functions to office of state bank commissioner. The savings and loan department and the office of savings and loan commissioner created by K.S.A. 74-3104 and amendments thereto are hereby abolished on the effective date of this act. On the effective date of this act, all of the powers, duties and functions of the existing savings and loan department and the existing savings and loan commissioner are hereby transferred to and conferred upon the office of state bank commissioner created by K.S.A. 75-1304 and amendments thereto.

        History:   L. 1993, ch. 16, § 1; June 18.

• 75-1310: State bank commissioner successor to all powers, duties and functions of savings and loan commissioner. (a) The state bank commissioner shall be the successor in every way to the powers, duties and functions of the savings and loan commissioner in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the state bank commissioner shall be deemed to have the same force and effect as if performed by the savings and loan commissioner in which such powers, duties and functions were vested prior to the effective date of this act.

        (b)   Whenever the savings and loan department or savings and loan commissioner, or words of like effect, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state bank commissioner.

        (c)   All orders and directives of the savings and loan department or savings and loan commissioner in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the state bank commissioner until revised, amended or nullified pursuant to law.

        (d)   On and after the effective date of this act, whenever any statute, contract or other document concerns the power or authority of the savings and loan department or savings and loan commissioner, the state bank commissioner shall succeed to such power or authority.

        History:   L. 1993, ch. 16, § 3; June 18.

• 75-1311: Transfer of property and records; disposition of conflicts. The state bank commissioner shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions transferred pursuant to this act. Any conflict as to the proper disposition of property, personnel or records arising under this act shall be determined by the state bank commissioner, whose decision shall be final.

        History:   L. 1993, ch. 16, § 5; June 18.

• 75-1312: Rights preserved in legal actions and proceedings. (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.

        (b)   No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.

        History:   L. 1993, ch. 16, § 6; June 18.

• 75-1313: Transfer of all funds to bank commissioner fee fund. On the effective date of this act, the balances of all funds appropriated or reappropriated for the savings and loan department, are hereby transferred to the state bank commissioner. The director of accounts and reports shall transfer all moneys in the savings and loan fee fund to the bank commissioner fee fund. On the effective date of this act, all liabilities of the savings and loan fee fund existing prior to the effective date of this act are imposed on the bank commissioner fee fund. The savings and loan fee fund is hereby abolished.

        History:   L. 1993, ch. 16, § 7; L. 1994, ch. 33, § 5; July 1.

• 75-1314: Abolition of office of consumer credit commissioner; transfer of powers, duties and functions to office of state bank commissioner. The office of the consumer credit commissioner created by K.S.A. 16-403 and amendments thereto is hereby abolished. Except as otherwise provided in this act, all of the powers, duties and functions of the existing consumer credit commissioner are hereby transferred to and conferred and imposed upon the state bank commissioner established by K.S.A. 75-1304 and amendments thereto.

        History:   L. 1999, ch. 166, § 2; July 1.

• 75-1315: Succession to powers, duties and functions of consumer credit commissioner by state bank commissioner and deputy commissioner for consumer and mortgage lending; transfer of real property. (a) (1) Except as provided in subsection (2), the state bank commissioner shall be the successor in every way to the powers, duties and functions of the consumer credit commissioner in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the state bank commissioner shall be deemed to have the same force and effect as if performed by the consumer credit commissioner in which such powers, duties and functions were vested prior to the effective date of this act.

        (2)   The deputy commissioner for consumer and mortgage lending shall be the successor in every way to those powers, duties and functions of the consumer credit commissioner concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments thereto) in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the deputy commissioner for consumer and mortgage lending shall be deemed to have the same force and effect as if performed by the consumer credit commissioner in which such powers, duties and functions were vested prior to the effective date of this act.

        (b) (1)   Except as provided in subsection (2), whenever the consumer credit commissioner, or words of like effect, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state bank commissioner.

        (2)   Whenever the consumer credit commissioner, or words of like effect, are referred to or designated by a statute, contract or other document concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments thereto) such reference or designation shall be deemed to apply to the deputy commissioner for consumer and mortgage lending.

        (c) (1)   Except as provided in subsection (2), all orders and directives of the consumer credit commissioner in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the state bank commissioner until revised, amended or nullified pursuant to law.

        (2)   All orders and directives of the consumer credit commissioner concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments thereto) in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the deputy commissioner for consumer and mortgage lending until revised, amended or nullified pursuant to law.

        (d) (1)   Except as provided in subsection (2), all rules and regulations of the consumer credit commissioner, in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the state bank commissioner until revised, amended, revoked or nullified pursuant to law.

        (2)   All rules and regulations of the consumer credit commissioner concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments thereto) in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the deputy commissioner for consumer and mortgage lending until revised, amended, revoked or nullified pursuant to law.

        (e)   The state bank commissioner shall succeed to whatever right, title or interest the consumer credit commissioner has acquired in any real property in this state, and the state bank commissioner shall hold the same for and in the name of the state of Kansas.

        (f) (1)   Except as provided in subsection (2), on and after the effective date of this act, whenever any statute, contract or other document concerns the power or authority of the consumer credit commissioner, the state bank commissioner shall succeed to such power or authority.

        (2)   On and after the effective date of this act, whenever any statute, contract or other document concerns the power or authority of the consumer credit commissioner concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments thereto) the deputy commissioner for consumer and mortgage lending shall succeed to such power or authority.

        History:   L. 1999, ch. 166, § 3; July 1.

• 75-1316: Same, transfer of property and records; resolution of conflicts. (a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.

        (b)   The state bank commissioner shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions transferred to the bank commissioner. The deputy commissioner for consumer and mortgage lending shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments thereto) transferred to the deputy commissioner for consumer and mortgage lending. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer, attachment or all or part of the powers, duties and functions of the consumer credit commissioner, shall be determined by the governor, whose decision shall be final.

        History:   L. 1999, ch. 166, § 4; July 1.

• 75-1317: Rights preserved in legal actions and proceedings. (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.

        (b)   No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.

        History:   L. 1999, ch. 166, § 5; July 1.

• 75-1318: Transfer of all funds to bank commissioner fee fund; liability for accrued compensation of transferred employees. (a) On the effective date of this act, the balances of all funds appropriated or reappropriated for the consumer credit commissioner are hereby transferred to the state bank commissioner. The director of accounts and reports shall transfer all moneys in the consumer credit fee fund to the bank commissioner fee fund. On the effective date of this act, all liabilities of the consumer credit fee fund existing prior to the effective date of this act are imposed on the bank commissioner fee fund. The consumer credit fee fund is hereby abolished.

        (b)   On the effective date of this act, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or officer transferred by this act, or which becomes a part of the office of the state bank commissioner or the powers, duties and functions of which are transferred to the bank commissioner, shall be assumed and paid by the state bank commissioner.

        History:   L. 1999, ch. 166, § 6; July 1.

• 75-1319: Transfer of employees to office of state bank commissioner. On the effective date of this act, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions involved in the administration of any law administered by the consumer credit commissioner, and who, in the opinion of the state bank commissioner, are necessary to perform the powers, duties and functions involved in the administration of any law administered by the consumer credit commissioner, shall be transferred to, and shall become officers and employees of the bank commissioner. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous.

        History:   L. 1999, ch. 166, § 7; July 1.