Terms Used In Kansas Statutes > Chapter 74 > Article 50 - Department of Commerce

• Account holder: means a legal resident who is the owner of an individual development account. See Kansas Statutes 74-50,202
• Act: means the provisions of Kan. See Kansas Statutes 74-50,211
• Allocation: means the allocation of the state ceiling among governmental issuers as provided in this act. See Kansas Statutes 74-5059
• 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.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistant provost: means the assistant provost of the division of continuing education of Kansas state university. See Kansas Statutes 74-5023
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Base eligibility period: means the three taxable years immediately preceding the date of application for benefits under this act. See Kansas Statutes 74-50,136
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Blighted area: has the meaning ascribed to it in Kan. See Kansas Statutes 74-5093
• Board of regents: means the state board of regents created by Kan. See Kansas Statutes 74-5023
• Business support services: means business counseling, technical assistance and business planning services provided to existing or prospective small businesses or entrepreneurs;

  (2) "contributions" means and includes the donation of cash or property other than used clothing in an amount or value of $250 or more. See Kansas Statutes 74-50,154

• Chambers: A judge's office.
• Code: means the internal revenue code of 1986. See Kansas Statutes 74-5059
• committee: means the community strategic planning grant committee established by Kan. See Kansas Statutes 74-5093
• Community resource program: means a program designed and established in response to the educational, recreational, social and cultural needs of a community and which is operated by residents of the community who volunteer their talent, skills and knowledge in offering courses and activities for all the residents of the community. See Kansas Statutes 74-5023
• Community-based organization: means any religious or charitable association or tribal entity that is approved by the department to implement the individual development account reserve fund. See Kansas Statutes 74-50,202
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• County median wage: means the median wage paid to employees located in the county where the qualified company intends to employ new employees as reported by the department of labor in its annual report for the previous year. See Kansas Statutes 74-50,211
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• department: means the department of commerce;

  (4) "entrepreneur" means an individual creating a new business, service or product;

  (5) "region" means multi-county areas as defined by the secretary of commerce;

  (6) "regional business development fund" means an authorized and audited fund that is created by taxpayer contributions, interest income and investment income and is managed by the regional foundation board of directors for the purposes of economic and leadership development in the region;

  (7) "regional foundation" means any organization in Kansas that demonstrates capacity to provide economic development services to regions as defined by this act, and: (A) Has obtained a ruling from the internal revenue service of the United States department of treasury that such organization is exempt from income taxation under the provisions of section 501(c)(3) or 501(c)(6) of the federal internal revenue code;

  (B) has been designated as a certified development company by the United States small business administration;

  (C) has been designated as an economic development district by the United States department of commerce's economic development administration;

  (D) has been organized as a regional planning commission under Kan. See Kansas Statutes 74-50,154

• Dependent: A person dependent for support upon another.
• Donor: The person who makes a gift.
• Eligible aviation business: means a person, corporation, partnership or other entity engaged in the aviation manufacturing or service industry and doing business in Kansas that satisfies conditions imposed by the secretary, which may include, among other conditions, that the person, corporation, partnership or other entity:

  (A) Paid at least $150,000,000 in average annual gross Kansas compensation, according to reports filed with the secretary of labor, during the base eligibility period;

  (B) paid at least $50,000 of average annual gross compensation per Kansas employee during the base eligibility period;

  (C) has invested at least $500,000,000 in real and tangible personal property located within and currently used in the operation of a business in Kansas; and

  (D) is described by the north American industrial classification system as being in the manufacturing or service sector. See Kansas Statutes 74-50,136

• Eligible aviation project: means a research, development, engineering or manufacturing project (A) undertaken by an eligible aviation business relating to the development of a new or improved business component or product and may include, but not be limited to, product development and design, applied research, manufacturing, improvement, replacement or acquisition of real or personal property and modernization and retooling of existing property in Kansas, (B) for which the eligible aviation business proposes to invest not less than $500,000,000 in Kansas in direct connection with the eligible aviation project of not less than $500,000,000 in Kansas and (C) for which the eligible aviation business proposes to employ up to 4,000 full-time employees in Kansas, as defined in Kan. See Kansas Statutes 74-50,136
• Eligible business: means a person, corporation, partnership or other entity doing business in Kansas that satisfies conditions imposed by the secretary, which may include, among other conditions, that the person, corporation, partnership or other entity:

  (A) Paid at least $600,000,000 in average annual gross Kansas compensation, according to reports filed with the secretary of labor, during the base eligibility period; and

  (B) paid at least $50,000 of average annual gross compensation per Kansas employee during the base eligibility period; and

  (C) has invested at least $1,000,000,000 in real and tangible personal property located within and currently used in the operation of a business in Kansas; and

  (D) is described by North American industrial classification system as being in the manufacturing sector. See Kansas Statutes 74-50,136

• Eligible project: means a research, development, engineering or manufacturing project (A) undertaken by an eligible business relating to the development of a new or improved business component or product and may include, but not be limited to, product development and design, applied research, manufacturing, improvement, replacement or acquisition of real or personal property and modernization and retooling of existing property in Kansas, (B) for which the eligible business proposes to invest not less than $500,000,000 in Kansas in direct connection with the eligible project of not less than $500,000,000 in Kansas and (C) for which the eligible business proposes to employ up to 4,000 full-time employees in Kansas, as defined in Kan. See Kansas Statutes 74-50,136
• Eligible wind or solar energy business: means a person, corporation, partnership or other entity engaged in the wind or solar energy manufacturing industry and doing business in Kansas that satisfies conditions imposed by the secretary, which may include among other conditions, that the person, corporation, partnership or other entity:

  (A) Pay at least $32,500 of average annual compensation per Kansas employee; and

  (B) is described by the North American industrial classification system as being in the manufacturing sector. See Kansas Statutes 74-50,136

• Eligible wind or solar energy project: means a research, development, engineering or manufacturing project (A) undertaken by an eligible wind or solar energy business relating to the production of a business component or product and may include, but not be limited to, product development and design, applied research, manufacturing, improvement, replacement or acquisition of real or personal property and modernization and retooling of existing property in Kansas, (B) for which the eligible wind or solar energy business proposes to invest not less than $30,000,000 in Kansas in direct connection with the eligible wind or solar energy project of not less than $30,000,000 in Kansas and (C) for which the eligible wind or solar energy business proposes to employ at least 200 full-time employees in Kansas within five years, as defined in Kan. See Kansas Statutes 74-50,136
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• 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.
• Federal poverty level: means the most recent poverty income guidelines published in the calendar year by the United States department of health and human services. See Kansas Statutes 74-50,202
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means any bank, trust company, savings bank, credit union or savings and loan association or any other financial institution regulated by the state of Kansas, any agency of the United States or other state with an office in Kansas which is approved by the secretary to create and maintain the necessary financial instruments setting up individual development accounts for eligible families or individuals to implement this program. See Kansas Statutes 74-50,202
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Governmental issuer: means the state and any instrumentality or political subdivision thereof which is authorized to issue private activity bonds. See Kansas Statutes 74-5059
• Gross compensation: means gross wages and benefits paid to or on behalf of employees receiving wages. See Kansas Statutes 74-50,136
• High-impact project: means a business development project for which the qualified company shall meet the requirements of subsection (c) of Kan. See Kansas Statutes 74-50,211
• Individual development account: means a financial instrument established in Kan. See Kansas Statutes 74-50,202
• Individual development account reserve fund: means the fund created by an approved community-based organization for the purposes of funding the costs incurred in the administration of the program by the financial institutions and the community-based organizations and for providing matching funds for moneys in individual development accounts. See Kansas Statutes 74-50,202
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Job training agency: means any public or private educational or job training institution and any other public or private entity which is qualified to provide the training or retraining required under the KIT and KIR programs, including apprenticeship programs that are registered through the Kansas apprenticeship council and recognized by the United States department of labor, bureau of apprenticeship training. See Kansas Statutes 74-5065
• 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.
• Kansas export transaction: means a transaction for the export of products substantially manufactured or processed within Kansas or services which result in additional employment within Kansas from Kansas to a destination outside the 50 states of the United States of America;

  (b) "preexport" means the period of time between the formation of a Kansas export transaction and the actual shipment of the products or performance of the services; and

  (c) "postexport" means the period of time between a shipment of products or performance of services for a Kansas export transaction and the receipt of final payment therefor. See Kansas Statutes 74-5070

• KIR program: means a program under which the secretary provides for retraining, customized to meet the specifications of a restructuring industry, of employees of the industry. See Kansas Statutes 74-5065
• KIT program: means a program under which the secretary provides for training, customized to meet the specifications of a new or expanding industry, of new employees or prospective employees, or both, of the industry. See Kansas Statutes 74-5065
• 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}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local organization: means nonprofit organizations which are organized under public or private auspices especially for the purpose of establishing and operating community resource programs, free universities, community education programs or other community programs or services, or for purposes primarily concerning the general welfare of the community. See Kansas Statutes 74-5023
• Majority leader: see Floor Leaders
• metropolitan county: means the county of Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or Wyandotte;

  (d) "neighborhood revitalization organization" means any group organized for the purpose of encouraging economic development in a blighted area of a metropolitan county; and

  (e) "nonmetropolitan county" means any county which is not a metropolitan county. See Kansas Statutes 74-5093

• Minor: means any person defined by Kan. See Kansas Statutes 77-201
• Minority leader: See Floor Leaders
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• NAICS: means the North American industry classification system. See Kansas Statutes 74-50,211
• New business: means a facility, plant, division, office, department, production line, production shift or other business operations of a company that was not doing business in Kansas prior to the submission of an application for benefits under this act and that provides documentation of such to the satisfaction of the secretary. See Kansas Statutes 74-50,211
• New employee: means a person newly employed by the qualified company in the qualified company's business operating in Kansas during the taxable year for which benefits are sought under Kan. See Kansas Statutes 74-50,211
• New or expanding industry: means an industry which is locating or is newly located in Kansas or an existing industry which is located in Kansas and is expanding its work force. See Kansas Statutes 74-5065
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Non-metropolitan county: means any county that is not a metropolitan county. See Kansas Statutes 74-50,211
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• 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.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Private activity bond: has the meaning ascribed thereto in the code. See Kansas Statutes 74-5059
• Program: means the Kansas individual development account program established in Kan. See Kansas Statutes 74-50,202
• Program contributor: means a person or entity who makes a contribution to an individual development account reserve fund. See Kansas Statutes 74-50,202
• 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.
• Public or private auspices: means counties, cities, townships, towns, villages, recreation commissions, councils or departments, or private and independent groups of community residents and volunteers. See Kansas Statutes 74-5023
• Qualified business: means any business that does not contravene any law or public policy, as determined by the secretary. See Kansas Statutes 74-50,202
• Qualified company: means any for-profit corporation, partnership or other entity making available to its full-time employees adequate health insurance coverage and paying at least 50% of the premium for such health insurance, which meets the requirements of Kan. See Kansas Statutes 74-50,211
• Qualified firm: means a for-profit business establishment, subject to state income, sales or property taxes, identified under the North American industry classification system (NAICS) subsectors 221, 311 to 339, 423 to 425, 481 to 519, 521 to 721 and 811 to 928 or is identified as a corporate or regional headquarters or back-office operation of a national or multi-national corporation regardless of NAICS designation. See Kansas Statutes 74-50,131
• Qualified plan: means a business plan which:

  (1) Is approved by a financial institution, or by a nonprofit loan fund having demonstrated fiduciary integrity;

  (2) includes a description of services or goods to be sold, a marketing plan and projected financial statements; and

  (3) may require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor. See Kansas Statutes 74-50,202

• Qualified principal residence: means a principal residence, the qualified acquisition costs of which do not exceed 100% of the average area purchase price applicable to such residence. See Kansas Statutes 74-50,202
• Quorum: The number of legislators that must be present to do business.
• regional leadership development: means training and education that enable a region to develop community leadership that strengthens the economic and social environment in that region;

  (9) "rural community" means any city having a population of fewer than 50,000 or except as otherwise provided, any unincorporated area. See Kansas Statutes 74-50,154

• 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
• Restructuring industry: means an existing industry which is located in Kansas and is restructuring its operations through incorporation of existing technology, development and incorporation of new technology, diversification of production or development and implementation of new production. See Kansas Statutes 74-5065
• Retained job: means an existing job which will be lost without participation by the employer under the provisions of the promoting employment across Kansas act. See Kansas Statutes 74-50,211
• Retraining: means retraining of employees of a restructuring industry who are likely to be displaced because of obsolete or inadequate job skills and knowledge. See Kansas Statutes 74-5065
• Secretary: means the secretary of commerce. See Kansas Statutes 74-5059
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: means the state of Kansas. See Kansas Statutes 74-5059
• state agency: means any officer, department, bureau, division, board, authority, agency, commission or institution of this state. See Kansas Statutes 74-5039
• State ceiling: means the ceiling applicable under the code to the aggregate face amount of qualified private activity bonds, the interest on which is exempt from federal income taxation, which may be issued within this state during any calendar year. See Kansas Statutes 74-5059
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• technology improvements: means a project that results in the ability of the region to enhance service in areas, including broadband access, web site creation, wireless internet services, computer programming, computer servers, computer networks, computer databases, electronic training modules, electronic media and any other technological areas deemed eligible by the secretary. See Kansas Statutes 74-50,154
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Training: means training of employees or preemployment training of prospective employees for jobs newly created by a new or expanding industry. See Kansas Statutes 74-5065