Kansas Administrative Code

Audit of trust activities. (a) At least once each calendar year, each corporate credit union’s supervisory committee shall cause an audit to be made of the books, records, funds 677 Trust Supervision 121-4-8 and investments held in accounts. The audit shall be made by an independ…

Funds awaiting investment or distribution. (a) Funds in an account which are awaiting investment or distribution shall not be held uninvested or undistributed any longer than is reasonable for the proper management of the account. (1) Each corporate credit union exercising fi- du…

Investment of funds held as fi- duciary. Funds held in an account shall be in- vested in accordance with any one or more of the following: (a) the instrument establishing the fidu- ciary relationship; (b) any and all applicable Kansas statutes and regulations, including K.S.A. 17…

Self-dealing. (a) Unless lawfully authorized by the instrument creating the re- lationship, by court order, or by the laws of the state of Kansas, a corporate credit union shall not invest funds from an account in stock or ob- ligations of, or property acquired from any of the fo…

Custody of investments. (a) Each corporate credit union shall keep the investments of each account separate from the assets of the corporate credit union, and shall place the invest- ments in the joint custody or control of not less than two of the officers or employees of the co…

Definitions. For the purpose of this article, the following definitions shall apply. (a) “Appropriate state official” means the adminis- trator of the Kansas department of credit unions. (b) “Call report” means a statement of the fi- nancial condition of a credit union. (c) “Cred…

(Authorized by and implementing K.S.A. 1996 Supp. 17-2206(d); effective July 7, 1997; revoked, T-121-9-6-06, Sept. 6, 2006; re- voked Dec. 15, 2006.)

Deteriorating condition. (a) A credit union shall be deemed to be in a “deteri- orating condition,” as that term is used in K.S.A. 17-2206(d) and amendments thereto, if any of the following conditions is met: (1) The credit union’s net worth category de- clines from well capitali…

Meaning of insolvent. (a) For purposes of this regulation, the following defini- tions shall apply: (1) “Assets” shall mean all items owned by a credit union, including cash, loans, investments, buildings, equipment, accounts receivable, and repossessed collateral. (2) “Liabiliti…

Definitions. “Place of business” shall mean each location owned or leased by the credit union and each shared service center facility in which the credit union is an owner or a lessee, where employees of either the service center or credit union are located and where any of the f…

Reporting requirement. A credit union shall annually report each place of business, as defined in K.A.R. 121-6-1, to the administrator of the Kansas department of credit unions. The report shall be submitted on forms and in the manner prescribed by the administrator. (Autho- rize…

Incidental powers. An “incidental powers” activity shall mean an activity that is nec- essary to enable a credit union to carry on effec- tively the business for which the credit union is in- corporated. An activity shall meet the definition of an incidental powers activity if th…

Unsafe or unsound practice. For the purpose of this article, “unsafe or unsound practice” shall mean any act or conduct by any credit union board member, employee, super- visory committee member, or credit committee member that meets any of the following condi- tions: (a) Varies …

Foreign credit union; require- ments for approval. (a) Before doing business in this state, the board of directors of each for- eign credit union shall obtain the approval of the administrator of the Kansas department of credit unions. (b) In order to apply for the administrator’…

Definitions. As used in these reg- ulations: (a) the words and phrases defined by K.S.A. 75-4201 and amendments thereto shall have the meaning ascribed to them in such stat- ute; and (b) “delivery versus payment” means the trans- fer or payment of funds simultaneous with or af- t…

Qualifications for depository banks. (a) State moneys shall be deposited only in state financial institutions which have been de- termined to meet qualifications in this regulation for depository banks. Each depository bank shall be a state financial institution which has been de…

Collateral. (a) Each state bank account shall be fully collateralized at all times based on securities, which may be accepted or rejected by the pooled money investment board, under K.S.A. 75-4201(k), and amendments there- to. Such securities shall be priced on a market value bas…

Investment principles. (a) All state moneys which are available for investment shall be invested by the director of investments in a manner which will: (1) be consistent with the prudent person stan- dard established under K.S.A. 1995 Supp. 75- 4209, and amendments thereto; and (…

Chief investment officer; qual- ifications. (a) A director of investments shall be appointed by the board. The director of invest- ments shall be responsible for planning, directing and managing the state moneys investment pro- grams under the direction of the board in accor- dan…

Commercial paper. (a) The di- rector of investments may invest up to 50 percent of the pooled money investment portfolio in the types of commercial paper authorized by K.S.A. 1995 Supp. 75-4209(a)(2)(E), as amended by L. 1996, Ch. 254. No more than 10 percent of the pooled money …

Portfolio management. Follow- ing the primary objective of preservation of cap- ital, each investment portfolio shall be actively managed to take advantage of market opportu- nities. In so doing, negotiable securities may be sold prior to their maturity for the purpose of: (a) pr…

Investment instruments; re- quirements. (a) Except as otherwise authorized by statutes applicable to a specific fund that is created by statute or by bond documents, invest- ments of state moneys shall be limited to those instruments permitted under K.S.A. 1995 Supp. 75-4209, and…

Maturity. (a) In scheduling the ma- turities of investment portfolios, projected cash flows shall be considered. (b) Except as authorized by statute for specific investments, investment maturities of state mon- eys shall be limited to the lesser of: (1) four years, pursuant to K.…

Investment transactions; re- quirements for brokers and dealers. (a) In- vestment transactions shall be conducted only with qualified institutions. Qualified institutions shall be limited to: (1) qualified depository banks; (2) the federal reserve bank in Kansas City, Mis- souri;…

Competitive selection of invest- ment instruments. Each security transaction, other than directly-issued instruments, securities in syndicate or specially bid or offered securities, shall be executed through a competitive process involving solicitation of bids or offers from qual…

Safekeeping and custody. All se- curity transactions entered into by the director of investments pursuant to K.S.A. 75-4209(a)(2) and amendments thereto, including securities under- lying repurchase agreements, shall be conducted on a delivery versus payment basis. Securities sha…

Conflicts of interest. (a) Except upon unanimous vote of the board members voting, no investment of any state moneys shall be made when one or more members, officers or employees of the board has personal business activity that: (1) conflicts with proper execution of that in- ves…

Performance monitoring. The performance of each investment portfolio shall be continually monitored and evaluated by the director of investments using investment strate- gies developed under the investment principles of K.A.R. 122-3-1. External comparative perfor- mance reviews s…

Municipalinvestmentpool;earn- ings. (a) All participants’ earnings on investments in the municipal investment pool shall be calculat- ed using the rate factors that are determined and quoted each day. Each participant’s earnings shall be credited to the participant’s account no l…

Money available for investment. (a) In order to make state moneys available for in- vestment pursuant to subsection (a)(1) of K.S.A. 1995 Supp. 75-4209 and amendments thereto, the director of investments shall periodically, and at least annually, review and determine the liquidit…

Definitions. The definitions in this regulation shall be applicable to all regula- tions of the juvenile justice authority. Unless the context clearly indicates a different meaning, the following terms shall have the meanings assigned in this regulation: (a) “Agency” means the ju…

Violation of statutes and regulations. Except as otherwise provided in these regulations, the following classifications shall apply: (a) Each violation of any state or fed- eral statute that is designated as a felony crime un- der Kansas law shall be a class I offense. (b) Each v…

Violation of internal man- agement policy and procedure or facility order. (a) Each violation of any internal manage- ment policy and procedure shall be an offense of the class specified in the internal management policy and procedure. If no class is specified in the internal man…

Offender clothing. (a) Each offender shall turn in all personal clothing upon admission to a facility. Each offender shall wear only the clothing furnished by the state. However, an exception due to an offender’s medical condi- tion may be authorized by the superintendent or desi…

Personal cleanliness. (a) Each offender shall shower or bathe at least three times each week and shall brush the offender’s teeth at least once each day. (b) Each violation of this regulation shall be a class III offense. This regulation shall be effective on and after April 8, 2…

Tattoos, body markings, and body piercing. (a) No offender shall place, alter, or remove any tattoo or other body marking on the offender’s own body or on the body of an- other offender. The removal or alteration of any tattoo or body marking shall be performed only by a medicall…

Care of living quarters. (a) Each offender shall keep the offender’s living quar- ters in a neat, clean, and sanitary condition. Cloth- ing shall be neatly hung or stored in designated places. Beds shall be made at all times when not in use. Linens shall be exchanged in accordanc…

Unsafe or unsanitary prac- tices. (a) No offender shall throw trash, rubbish, or debris of any kind upon the floors, sidewalks, or grounds of any facility. All trash, rubbish, and debris of any kind shall be placed in the containers provided for that purpose. (b) No offender shal…

Hair standards and appear- ance. (a)(1) Each offender shall keep the offend- er’s hair neat and clean and shall follow reasonable health and safety standards. Except as specified in paragraph (a)(2), each haircut, which shall include the length of sideburns, shall be in conforman…

Use of safety devices. (a) Each offender shall use the safety devices pro- vided, in accordance with the applicable facility orders. (b) Each violation of this regulation shall be a class III offense. This regulation shall be effective on and after April 8, 2005. (Authorized by a…

Anticipatory and facili- tating offenses: attempt, conspiracy, solici- tation, and accessory. (a) No offender shall at- tempt or conspire to violate any law, regulation, internal management policy and procedure, or facility order. Each attempt or conspiracy to vio- late any law, …

Increased penalty for in- volving or victimizing an offender under 16. For any offender who is 16 years of age or older and guilty of any offense defined in these regula- tions, the penalty imposed on the offender may be double the penalty that is otherwise established for the of…

Conviction of four offens- es in six months. Subject to any limitation speci- fiedinK.A.R.123-12-1308,uponconvictionofthe fourth offense of the same or more serious class within the previous six months, the hearing officer may impose a sentence not greater than twice the maximum …

Class I offenses and pen- alties. (a) Class I offenses shall be defined as the following: (1) The violations designated as class I offenses by these regulations; (2) the violations designated as felonies by state or federal law; and 719 Offender Conduct and Penalties 123-12-1306 …

Class II offenses and pen- alties. (a) Class II offenses shall be defined as the following: (1) The violations designated as class II offenses by these regulations; (2) the violations designated as misdemeanors by state or federal law; and (3) the violations designated as class I…

Class III offenses and penalties. (a) Class III offenses shall be defined as the following: (1) The violations designated as class III offens- es by these regulations; and (2) any violation of a regulation, internal man- agement policy and procedure, or facility order within whic…

Use of restitution. (a) When restitution is used in the disciplinary pro- cess, the following requirements and limitations shall apply: (1) The amount and manner of payment of resti- tution imposed may be appealed in the same man- ner and to the same extent as those for any other…

Disciplinary segregation; limits. The continuous confinement of an offend- er in disciplinary segregation for more than 30 days shall require the superintendent’s review and approval. This regulation shall be effective on and after April 8, 2005. (Authorized by and implementing K…

Registration and use of per- sonal property. (a) Each offender shall ensure that each item of personal property in the offend- er’s possession is properly registered as required by the applicable internal management policy and procedure and facility order. Upon the demand of any …

Electronic personal enter- tainment devices. (a) No offender shall possess, play, or use any electronic personal entertainment 706 DEPT. OF CORRECTIONS—DIV. OF JUVENILE SERVICES 123-12-203 device except as permitted by internal manage- ment policies and procedures and facility or…