KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

16a-2-405. Payday loans to military borrowers; restrictions. (a) Any person who makes a loan under the provisions of K.S.A. 16a-2-404, and amendments thereto, shall:

(1) Not garnish any wages or salary paid to a military borrower for service in the armed forces.

(2) Defer all collection activity against a military borrower who has been deployed to a combat or combat support posting for the duration of such posting.

(3) Not contact any person in the military chain of command of a military borrower in an attempt to collect such loan.

(4) Honor all terms of any repayment agreement between the person making such loan and:

(A) The military borrower; or

(B) any military counselor or third party credit counselor negotiating on behalf of the military borrower.

(5) Not make any loan to any military borrower whenever the military base commander has declared such person's place of business off limits to military personnel.

(b) For the purposes of this section, "military borrower" means any of the following that have been called to active duty:

(1) Any member of the armed forces of the United States;

(2) any member of the national guard; or

(3) any member of the armed forces reserves.

(c) This section shall be supplemental to and a part of the uniform consumer credit code.

History: L. 2005, ch. 144, § 22; July 1.

KANSAS COMMENT, 2010

The military provisions added to the Code assist in providing extra safeguards under state law to military personnel. This section, as well as K.S.A. 16a-2-404 must be read in conjunction with federal laws that impose additional restrictions with respect to rates, terms, and required disclosures on loans to military personnel and their dependents. The federal law and implementing regulations preempt state law. See, for example, Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Talent Amendment), 10 U.S.C. § 987, regulations that implement section 670 from the Department of Defense, found at 32 C.F.R. Part 232, and the Servicemembers Civil Relief Act, 50 U.S.C. § 501 et seq.


Previous | Next


LEGISLATIVE COORDINATING COUNCIL
  10/13/2025 Meeting Notice
  09/24/2025 Meeting Notice Agenda
Item 1 Proposed Minutes August 14, 2025
Item 2 Additional interim committees, topics and meeting days
Item 3 Notices and intention to dispose of school buildings
Item 5 Pricing for Legislative Highlights and Summary of Legislation Documents
Item 6 Session Pay Plan
Item 8 Subscription for upgrades and support of virtual statehouse system
  08/14/2025 Meeting Notice Agenda
Item 1 Proposed Minutes July 7, 2025
Item 2 Delperdang and Shallenburger interm requests
Item 4 USD 220 Ashland Schools Memo
Item 5 Permanent Journal Order LCC 2025
Item 6 KLOIS LAS Data Center Upgrade
Item 7 KLISS Update 08142025
  07/07/2025 Meeting Notice Agenda
Item 2 Water Program Task Force Meeting Days
Item 3 Staff Budget Preparation
Item 5 KLISS Modernization
Item 7 House Voting Boards
Item 9 KHP LCC Capitol Police Transition Briefing
  05/08/2025 Meeting Notice Agenda
  03/17/2025 Meeting Notice Agenda

  LCC Policies

REVISOR OF STATUTES
  2025 Interim Studies - Staff Assignments
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  A Summary of Special Sessions in Kansas
  Bill Brief for Senate Bill No. 1
  Bill Brief for House Bill No. 2001
  2025 New, Amended & Repealed Statutes By Bill
  2025 New, Amended & Repealed Statutes By KSA
  2024 New, Amended & Repealed Statutes By Bill
  2024 New, Amended & Repealed Statutes By KSA
  2023 New, Amended & Repealed Statutes By Bill
  2023 New, Amended & Repealed Statutes By KSA
USEFUL LINKS
Session Laws

OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department