Terms Used In Kansas Statutes > Chapter 2 > Article 39 - Industrial Hemp

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means an individual who is:

  (1) A candidate;

  (2) a chairperson of a candidate, political or party committee;

  (3) a treasurer; or

  (4) any director, officer, employee, paid consultant or other person who is authorized to act on behalf of persons listed in this subsection. See Kansas Statutes 25-4143

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arbitrator: means a neutral third party selected by the secretary of state who resolves the dispute between the complainant and respondent, and whose decision is final. See Kansas Statutes 25-4703
• Ballot: means a paper ballot on which candidates' names or questions are printed and which is designed to receive opaque marks which can be detected by optical scanning equipment and which is capable of being counted manually. See Kansas Statutes 25-4601
• Candidate: means an individual who:

  (1) Appoints a treasurer or a candidate committee;

  (2) makes a public announcement of intention to seek nomination or election to state or local office;

  (3) makes any expenditure or accepts any contribution for such person's nomination or election to any state or local office; or

  (4) files a declaration or petition to become a candidate for state or local office. See Kansas Statutes 25-4143

• Candidate committee: means a committee appointed by a candidate to receive contributions and make expenditures for the candidate. See Kansas Statutes 25-4143
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Clearly identified candidate: means a candidate who has been identified by the:

  (1) Use of the name of the candidate;

  (2) use of a photograph or drawing of the candidate; or

  (3) unambiguous reference to the candidate whether or not the name, photograph or drawing of such candidate is used. See Kansas Statutes 25-4143

• Commission: means the governmental ethics commission. See Kansas Statutes 25-4143
• Complainant: means the person who files a complaint with the Kansas secretary of state under this act. See Kansas Statutes 25-4703
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means :

  (A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value given to a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office;

  (B) any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;

  (C) a transfer of funds between any two or more candidate committees, party committees or political committees;

  (D) the payment, by any person other than a candidate, candidate committee, party committee or political committee, of compensation to an individual for the personal services rendered without charge to or for a candidate's campaign or to or for any such committee;

  (E) the purchase of tickets or admissions to, or advertisements in journals or programs for, testimonial events; or

  (F) a mailing of materials designed to expressly advocate the nomination, election or defeat of a clearly identified candidate, which is made and paid for by a party committee with the consent of such candidate. See Kansas Statutes 25-4143

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counting location: means the location in the county selected by the county election officer for the counting of ballots. See Kansas Statutes 25-4401
• county chairperson: means the chairperson of the county central committee, provided to be elected under Kan. See Kansas Statutes 25-3901
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Direct recording electronic system: means a system that records votes by means of a ballot display provided with mechanical or electro-optical components that can be activated by the voter, that processes data by means of a computer program, that records voting data and ballot images in memory components, that produces a tabulation of the voting data stored in a removable memory component and as printed copy, and that may also provide a means for transmitting individual ballots or vote totals to a central location for consolidating and reporting results from precincts at the central location. See Kansas Statutes 25-4401
• District office: means the office of district judge, district magistrate judge, county commissioner, state representative, state senator, district attorney or county attorney. See Kansas Statutes 25-3901
• Docket: A log containing brief entries of court proceedings.
• Election: means :

  (1) A primary or general election for state or local office; and

  (2) a convention or caucus of a political party held to nominate a candidate for state or local office. See Kansas Statutes 25-4143

• Electronic or electromechanical voting system: means a system of casting votes and tabulating ballots employing automatic tabulating equipment or data processing equipment including a direct recording electronic system. See Kansas Statutes 25-4401
• Electronic poll book: includes both the hardware and software necessary for operation. See Kansas Statutes 25-4401
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Expenditure: means :

  (A) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any other thing of value made by a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office;

  (B) any purchase, payment, distribution, loan, advance, deposit or gift of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;

  (C) any contract to make an expenditure;

  (D) a transfer of funds between any two or more candidate committees, party committees or political committees; or

  (E) payment of a candidate's filing fees. See Kansas Statutes 25-4143

• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fraud: Intentional deception resulting in injury to another.
• General election: refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year. See Kansas Statutes 77-201
• General election: means the election held on the Tuesday succeeding the first Monday in November in even-numbered years. See Kansas Statutes 25-3901
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local office: means a member of the governing body of a city of the first class, any elected office of a unified school district having 35,000 or more pupils regularly enrolled in the preceding school year, a county or of the board of public utilities. See Kansas Statutes 25-4143
• Minority leader: See Floor Leaders
• Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
• Oath: A promise to tell the truth.
• Optical scanning equipment: means apparatus designed to examine and detect opaque marks on ballots which represent votes and count and tabulate those votes by electronic methods. See Kansas Statutes 25-4601
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means a political party having a state and national organization and of which the officer or candidate whose position has become vacant was a member. See Kansas Statutes 25-3901
• Party candidacy: means a candidate of a political party for a party nomination at a primary election or the party candidate at a general election. See Kansas Statutes 25-3901
• Party committee: means :

  (1) The state committee of a political party regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;

  (2) the county central committee or the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;

  (3) the bona fide national organization or committee of those political parties regulated by the Kansas Statutes Annotated;

  (4) the political committee established by the state committee of any such political party and designated as a recognized political committee for the senate;

  (5) the political committee established by the state committee of any such political party and designated as a recognized political committee for the house of representatives; or

  (6) the political committee per congressional district established by the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and designated as a congressional district party committee. See Kansas Statutes 25-4143

• Person: means any individual, committee, corporation, partnership, trust, organization or association. See Kansas Statutes 25-4143
• Personal property: includes money, goods, chattels, evidences of debt and things in action, and digital assets as defined in the revised uniform fiduciary access to digital assets act, Kan. See Kansas Statutes 77-201
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Political committee: means any combination of two or more individuals or any person other than an individual, a major purpose of which is to expressly advocate the nomination, election or defeat of a clearly identified candidate for state or local office or make contributions to or expenditures for the nomination, election or defeat of a clearly identified candidate for state or local office. See Kansas Statutes 25-4143
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary election: means the election held on the first Tuesday in August in even-numbered years. See Kansas Statutes 25-3901
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes personal and real property. See Kansas Statutes 77-201
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receipt: means a contribution or any other money or thing of value, but not including volunteer services provided without compensation, received by a treasurer in the treasurer's official capacity. See Kansas Statutes 25-4143
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• Respondent: means any state or local election official whose actions are asserted to be in violation of title III in a complaint filed under this act. See Kansas Statutes 25-4703
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
• seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• State office: means any state office as defined in Kan. See Kansas Statutes 25-4143
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• System: means an optical scanning system of automatically counting and tabulating ballots with optical scanning equipment. See Kansas Statutes 25-4601
• Testify: Answer questions in court.
• Testimonial events: includes , but are not limited to, dinners, luncheons, rallies, barbecues and picnics. See Kansas Statutes 25-4143
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treasurer: means a treasurer of a candidate or of a candidate committee, a party committee or a political committee appointed under the campaign finance act or a treasurer of a combination of individuals or a person other than an individual which is subject to Kan. See Kansas Statutes 25-4143
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Verdict: The decision of a petit jury or a judge.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.