K.S.A. § 48-3802 — KS Code / Chapter 48 / Article 38 / Section 48-3802
48-3802 - Definitions.
Status: in_force

48-3802. Definitions. As used in K.S.A. 48-3801 through 48-3808, and amendments thereto:

(a) "Attorney general" means the attorney general of the state of Kansas.

(b) "Company" means any:

(1) For-profit corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, trust, association, sole proprietorship or other organization, including any:

(A) Subsidiary of such company, a majority ownership interest of which is held by such company;

(B) parent company that holds a majority ownership interest of such company;

(C) other affiliate or business association of such company whose primary purpose is to make a profit; and

(D) representative agent of such company; or

(2) nonprofit organization.

(c) (1) "Country of concern" means the following:

(A) (i) People's republic of China, including the Hong Kong special administrative region;

(ii) republic of Cuba;

(iii) islamic republic of Iran;

(iv) democratic people's republic of Korea;

(v) Russian federation; and

(vi) Bolivarian republic of Venezuela.

(B) "Country of concern" does not include the republic of China (Taiwan); and

(2) any organization that is designated as a foreign terrorist organization as of July 1, 2025, pursuant to 8 U.S.C. § 1189, as in effect on July 1, 2025, except as otherwise provided by rules and regulations adopted by the fusion center oversight board pursuant to K.S.A. 48-3807, and amendments thereto.

(d) "De minimis interest" means any interest in real property that is:

(1) The result of ownership of registered securities in a publicly traded company; and

(2) such ownership is:

(A) Less than 10% of any class of registered securities or less than 10% of the aggregate registered securities of multiple classes of securities; or

(B) a noncontrolling interest in an entity that is controlled by a company that is registered with the United States securities and exchange commission as an investment adviser under the investment advisers act of 1940, P.L. 117-263 and such company is not domiciled outside of the United States.

(e) "Domicile" means the country where:

(1) A company is organized;

(2) a company completes a substantial portion of its business; or

(3) a majority of a company's ownership interest is held.

(f) "Economic development incentive program" means:

(1) Any economic development incentive program administered wholly or in part by the secretary of commerce;

(2) any tax credit, except for social and domestic tax credits, regardless of the administering state agency;

(3) property that has been exempted from ad valorem taxation under the provisions of section 13 of article 11 of the constitution of the state of Kansas;

(4) property that has been purchased, acquired, constructed, reconstructed, improved, equipped, furnished, repaired, enlarged or remodeled with all or any part of the proceeds of revenue bonds issued under any authority granted in article 17 of chapter 12 of the Kansas Statutes Annotated, and amendments thereto;

(5) any economic development fund, including, but not limited to, the job creation program fund established by K.S.A. 74-50,224, and amendments thereto, and the economic development initiatives fund established by K.S.A. 79-4804, and amendments thereto; and

(6) any other economic development incentive program that provides any form of tax credit, abatement or exemption or financial assistance provided by or authorized by a governmental entity.

(g) "Foreign principal" means:

(1) The government or any official of the government of a country of concern;

(2) any political party, subdivision thereof or any member of a political party of a country of concern;

(3) any corporation, partnership, association, organization or other combination of persons organized under the laws of or having its principal place of business in a country of concern. "Foreign principal" includes any subsidiary owned or wholly controlled by any such entity;

(4) any agent of or any entity otherwise under the control of a country of concern;

(5) any individual who is a citizen or resident of a country of concern and is not a citizen or lawful permanent resident of the United States; or

(6) any individual, entity or combination thereof described in paragraphs (1) through (5) that has a controlling interest in any company formed for the purpose of holding any interest in real property.

(h) "Fusion center oversight board" means the fusion center oversight board established in K.S.A. 48-3705, and amendments thereto.

(i) "Interest in real property" means any:

(1) Ownership interest in any parcel of real property acquired by purchase, gift, grant, devise, bequest or other transfer of such interest;

(2) ownership or other interest in any easement or other right of egress onto or across any parcel of real property;

(3) ownership or other interest in any right to any oil, gas, minerals or water located on or under any parcel of real property; and

(4) any interest or right to possess or use any parcel of real property acquired by the execution of a lease, lease-purchase or any other form of rental agreement.

(j) "Military installation" means any land, buildings or other structures owned or controlled by any division of the United States department of defense, Kansas national guard or any other federal or state agency that is critical to the safety and security of Kansas or the United States.

(k) "Non-notified transaction" means any transaction involving foreign investment in the United States that is not voluntarily submitted to the committee on foreign investment in the United States for review pursuant to 50 U.S.C. § 4565.

(l) "Real property" means any real estate located in this state except residential real property.

(m) "Residential real property" means real property that is used exclusively as a place of residence for human habitation.

(n) "Social and domestic tax credits" means the adoption credit created pursuant to K.S.A. 79-32,202a, and amendments thereto, the earned income tax credit created pursuant to K.S.A. 79-32,205, and amendments thereto, the food sales tax credit created pursuant to K.S.A. 79-32,271, and amendments thereto, the child and dependent care tax credit created pursuant to K.S.A. 79-32,111c, and amendments thereto, and the homestead property tax refund created pursuant to K.S.A. 79-4501 et seq., and amendments thereto.

(o) "State agency" means any department, authority, bureau, division, office or other governmental agency of this state.

(p) "Tax credit" means any credit allowed against the tax imposed by the Kansas income tax act, the premium or privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by net income of financial institutions imposed pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto.