reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,197 Civil penalties.

74-50,197. Civil penalties.
(a) Any person who violates any provision of this act or any rule and regulation adopted hereunder may incur, in addition to any other penalty provided by law, a civil penalty in an amount fixed by the commission not to exceed $10,000 for each violation. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation. In determining the amount of the civil penalty, the commission shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs and any corrective actions taken.
(b) All civil penalties assessed under this section shall be due and payable at the time of the violation. All payment of civil penalties assessed shall be held in an escrow fund by the boxing commissioner for 30 days after service on the person upon whom the penalty is being imposed. If a person upon whom a civil penalty has been imposed appeals the assessment, such assessment shall be held in the escrow fund until the commission affirms, reverses or modifies imposing the civil penalty. Once the assessment of the civil penalty becomes a final order, the commission shall deposit the amount of such assessment in the athletic fee fund. If the person who has been assessed a civil penalty does not appeal such assessment as provided in this section, the amount of the civil penalty assessed shall be deposited in the athletic fee fund.
(c) No civil penalty shall be imposed under this section except upon the written order of the commissioner to the person upon whom the penalty is to be imposed, stating the nature of the violation, the penalty imposed and the right of the person upon whom the penalty is imposed to appeal to the commission. Within 15 days after service of the order imposing the civil penalty, the person upon whom the civil penalty has been imposed may make written request to the commission for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. The commission shall affirm, reverse or modify the order and shall specify the reasons therefor. The decision of the commission shall be final unless review is sought under subsection (d).
(d) Any person aggrieved by an order of the commission made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(e) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the athletic fee fund.
(f) This section shall be a part of and supplemental to the Kansas professional regulated sports act.
History:
L. 2011, ch. 40, § 1; April 14.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,201 Individual development account program act.

74-50,201.
Individual development account program act.
The provisions of K.S.A. 74-50,201 through 74-50,208, and amendments thereto, shall be known and may be cited as the individual development account program act.
History:
L. 2005, ch. 104, § 1; April 21.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,204 Same; account holder; purposes for withdrawal of moneys.

74-50,204.
Same; account holder; purposes for withdrawal of moneys.
A family or individual whose household income is less than or equal to 200% of the federal poverty level at the time of application to an individual development account program may open an individual development account for the purpose of accumulating and withdrawing moneys for specified expenditures. The account holder may withdraw moneys from the account on the approval of the community-based organization, without penalty, for any of the following expenditures:
(a) Postsecondary educational costs for any family member paid from the account directly to an eligible educational institution as determined by the secretary;
(b) job training costs for any family member 18 years of age or older, at an accredited or licensed training program;
(c) qualified acquisition costs with respect to a qualified principal residence for a qualified first-time home buyer paid directly to the persons to whom the amounts are due;
(d) major repairs or improvements to a primary residence; or
(e) qualified business capitalization expenses paid directly to a business capitalization account which is established in a federally insured financial institution which is restricted for such expenses.
History:
L. 2005, ch. 104, § 4; April 21.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,205 Same; establishment of account by financial institution; duties; deposits, limitations.

74-50,205.
Same; establishment of account by financial institution; duties; deposits, limitations.
(a) Financial institutions seeking to open and maintain individual development accounts approved by the secretary for account holders shall be permitted to establish individual development accounts pursuant to K.S.A. 74-50,201 through 74-50,208, and amendments thereto.
(b) A financial institution establishing an individual development account shall:
(1) Keep the account in the name of the account holder;
(2) permit deposits to be made in the account by the following, subject to the indicated conditions:
(A) The account holder; or
(B) a community-based organization on behalf of the account holder. Such a deposit may include moneys to match the account holder's deposits, up to a three-to-one match ratio;
(3) require the account to earn at least the market rate of interest; and
(4) permit the account holder to withdraw moneys upon approval of a community-based organization from the account for any of the purposes listed in subsections (a) through (e) of K.S.A. 74-50,204, and amendments thereto.
(c) The total of all deposits by the account holder into an individual development account in a calendar year shall not exceed 30% of an account holder's annual personal income not to exceed $4,000, except when necessary to comply with the emergency withdrawal provisions contained in K.S.A. 74-50,206, and amendments thereto. The total balance in an individual development account at any time shall not exceed $50,000.
History:
L. 2005, ch. 104, § 5; April 21.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,206 Same; inappropriate purpose for withdrawal of moneys; forfeiture of matching moneys, exceptions; transfer of account upon death of account holder.

74-50,206.
Same; inappropriate purpose for withdrawal of moneys; forfeiture of matching moneys, exceptions; transfer of account upon death of account holder.
(a) Except as otherwise provided, account holders who withdraw moneys from an individual development account not in accordance with subsections (a) through (e) of K.S.A. 74-50,204, and amendments thereto, shall forfeit all matching moneys in the account. Account holders who withdraw moneys from an individual development account not in accordance with subsections (a) through (e) of K.S.A. 74-50,204, and amendments thereto, due to an emergency related to the illness or death of a family member of the account holder, illness of the account holder or loss of employment of the account holder, shall remain an account holder and shall not forfeit all matching moneys in the account as provided by this section as long as the balance in the individual development account reaches the amount in such account prior to such withdrawal within 12 months of the date of such withdrawal or within the number of months the account holder has been depositing funds in the individual development account, whichever occurs later.
(b) All moneys forfeited by an account holder pursuant to subsection (a) shall be returned to the individual development account reserve fund of the contributing community-based organization.
(c) In the event of an account holder's death, the account may be transferred to the ownership of a contingent beneficiary. An account holder shall name contingent beneficiaries at the time the account is established and may change such beneficiaries at any time. If the named beneficiary is deceased or otherwise cannot accept the transfer, the moneys shall be transferred to the individual development account reserve fund of the contributing community-based organization.
History:
L. 2005, ch. 104, § 6; April 21.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,207 Same; account earnings exempt from privilege taxation; account funds disregarded in public assistance eligibility determination.

74-50,207.
Same; account earnings exempt from privilege taxation; account funds disregarded in public assistance eligibility determination.
(a) Earnings by any financial institution attributable to its individual development accounts shall be exempt from privilege taxation imposed by article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto.
(b) Any funds in an individual development account, including accrued interest, shall be disregarded when determining eligibility to receive, or the amount of, any public assistance or benefits.
History:
L. 2005, ch. 104, § 7; April 21.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,208 Same; income tax credit for contributions by program contributors.

74-50,208. Same; income tax credit for contributions by program contributors.
(a) A program contributor shall be allowed a credit against state income tax imposed under the Kansas income tax act in an amount not to exceed 75% of the contribution amount. If the amount of the credit allowed by this section exceeds the taxpayer's income tax liability imposed under the Kansas income tax act, such excess amount shall be refunded to the taxpayer. No credit pursuant to this section shall be allowed for any contribution made by a program contributor which also qualified for a community services tax credit pursuant to the provisions of K.S.A. 79-32,195 et seq., and amendments thereto.
(b) The administration of the community-based organization, with the cooperation of the participating financial institutions, shall submit the names of contributors and the total amount each contributor contributes to the individual development account reserve fund for the calendar year. The secretary of revenue shall determine the date by which such information shall be submitted to the department of revenue by the local administrator.
(c) The total tax credits authorized pursuant to this section shall not exceed $500,000 in any fiscal year.
(d) The provisions of this section shall be applicable to all taxable years commencing after December 31, 2014.
History:
L. 2005, ch. 104, § 8; L. 2011, ch. 99, § 1; L. 2012, ch. 135, § 5; L. 2015, ch. 99, § 23; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,209 Qualified older Kansan; access to workforce training; strategic plan required.

74-50,209.
Qualified older Kansan; access to workforce training; strategic plan required.
(a) The secretary of commerce shall provide access to workforce training for every qualified older Kansan who desires such training. To accomplish this, the secretary, in coordination with the area agencies on aging and the older Kansans employment program, shall prepare a strategic plan and amend the state plan as appropriate, to outline the proposed delivery of training to older Kansans. Such strategic plan shall be submitted to the legislature by August 1, 2006, and thereafter whenever the state plan is amended, and shall contain the following information:
(1) How resources may be used to ensure every qualified older Kansan has access to workforce development;
(2) the minimum amount of money the department plans to spend on workforce development for older Kansans;
(3) examples of programs the department plans to implement or enhance to promote workforce development for older Kansans;
(4) specific measurable criteria that will be used to determine the effectiveness of the department's plan;
(5) designated target areas for funding and the projected source of that funding;
(6) a statement regarding the programs and training that will be provided and how such programs and training will be developed; and
(7) a plan outlining how services will be marketed so that older Kansans will be aware of their availability.
(b) For the purposes of this section:
(1) "Kansas resident" means a person who lives in Kansas.
(2) "Older Kansan" has the meaning provided in K.S.A. 75-5741, and amendments thereto.
(3) "Workforce development" means training of present, prospective or potential employees for jobs presently available or expected to be available in the future, based upon economic forecasts.
(4) "Qualified older Kansan" means an older Kansan who meets the guidelines for participating in the workforce development program.
History:
L. 2006, ch. 201, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,210 Title and intent of act.

74-50,210. Title and intent of act.
(a) The provisions of K.S.A. 74-50,210 through 74-50,219, and amendments thereto, shall be known and may be cited as the promoting employment across Kansas act.
(b) It shall be the intent of this act to foster economic development and the creation of new jobs and opportunities for the citizens of Kansas and to incentivize the location of business facilities, other operations and jobs in Kansas. The primary objective of this legislation is economic development for Kansas.
History:
L. 2009, ch. 104, § 1; L. 2010, ch. 144, § 2; L. 2011, ch. 115, § 9; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,214 Documentation submitted to department of revenue; rules and regulations.

74-50,214.
Documentation submitted to department of revenue; rules and regulations.
(a) Any qualified company eligible to receive benefits pursuant to K.S.A. 74-50,212, and amendments thereto, shall complete and submit to the department of revenue:
(1) The amount of Kansas payroll withholding tax being retained by the qualified company pursuant to this act in a manner prescribed by the director of taxation; and
(2) a form designed by the secretary of revenue pursuant to K.S.A. 74-50,217, and amendments thereto.
The completed form shall be submitted electronically or in the manner prescribed by the secretary of revenue.
(b) The secretary of revenue may adopt rules and regulations necessary to implement and administer the provisions of this section. The secretary of revenue and the secretary of commerce shall work together to coordinate a set of procedures to implement the provisions of this act.
History:
L. 2009, ch. 104, § 5; L. 2010, ch. 144, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,215 Annual review of qualified company; books and records; audits.

74-50,215.
Annual review of qualified company; books and records; audits.
The secretary shall conduct an annual review of the activities undertaken by a qualified company pursuant to this act to ensure that the qualified company is in compliance with the provisions of this act, any rules and regulations adopted by the secretary with respect to this act and the agreement described in K.S.A. 74-50,213, and amendments thereto. The books and records concerning employment and wages of any employees for which the qualified company or third party has retained any Kansas payroll withholding taxes shall be available for inspection by the secretary or the secretary's duly authorized agents or employees at all times during business hours. The secretary may request the department of revenue to audit the qualified company or third party for compliance with the provisions of this act.
History:
L. 2009, ch. 104, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,216 Annual report.

74-50,216. Annual report.
The secretary shall transmit annually to the governor, the standing committees on taxation and assessment and commerce of the senate, the standing committees on taxation and commerce, labor and economic development of the house of representatives, or any successor committee, a report, based on information received from each qualified company receiving benefits under this act, describing the following:
(a) The names of the qualified companies;
(b) the types of qualified companies utilizing the act;
(c) the location of such companies and the location of such companies' business operations in Kansas;
(d) the number of new employees hired;
(e) the wages paid for such new employees;
(f) the annual amount of benefits provided under this act;
(g) the estimated net state fiscal impact, including the direct and indirect new state taxes derived from the new employees hired; and
(h) an estimate of the multiplier effect on the Kansas economy of the benefits received under this act.
History:
L. 2009, ch. 104, § 7; L. 2013, ch. 134, § 12; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,217 Promoting employment across Kansas; form required to claim tax benefits; development of; contents; filing; confidentiality.

74-50,217.
Promoting employment across Kansas; form required to claim tax benefits; development of; contents; filing; confidentiality.
The secretary of revenue in consultation with the secretary of commerce shall develop a form which must be completed annually by any business that received any tax benefit pursuant to the promoting employment across Kansas act and amendments thereto. Such form shall be developed no later than December 31, 2010, and shall request, at a minimum, the information required by paragraphs (1), (2), (3), (4), (5) and (6) of subsection (a) of K.S.A. 79-32,243, and amendments thereto, and such other information as shall be required by the secretary of revenue and the secretary of commerce. Upon completion of the form, the business completing the form shall file the form electronically with the secretary of revenue or submit the form in the manner prescribed by the secretary of revenue. The contents of the completed form shall be confidential except as provided in K.S.A. 79-3234, and amendments thereto.
History:
L. 2010, ch. 144, § 12; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,218 Promoting employment across Kansas; audit conducted by legislative post audit; requirements.

74-50,218.
Promoting employment across Kansas; audit conducted by legislative post audit; requirements.
The legislative post auditor shall conduct an audit of the promoting employment across Kansas act under this section in accordance with the provisions of the legislative post audit act. The audit shall focus on the effectiveness of the act in fostering economic growth, creating new jobs and promoting the location of business facilities, other operations and jobs in Kansas. Such audit shall be submitted to the legislature at the beginning of the regular session of the legislature held during 2015. The audit shall make a recommendation on the retention or adjustment of the limitation described in subsection (g) of K.S.A. 74-50,213, and amendments thereto.
History:
L. 2010, ch. 144, § 13; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,219 Promoting employment across Kansas; legislative members prohibited from benefiting under act; when.

74-50,219. Promoting employment across Kansas; legislative members prohibited from benefiting under act; when.
On and after July 1, 2014, no member of the legislature, either elected or appointed, shall while in office and within three years after the expiration of such legislator's term of office avail such person of the benefits available under the provisions of K.S.A. 74-50,212 through 74-50,216, and amendments thereto.
History:
L. 2010, ch. 144, § 14; L. 2014, ch. 136, § 3; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,220 Recovery zone bonds; allocation; rules and regulations.

74-50,220.
Recovery zone bonds; allocation; rules and regulations.
(a) As used in this section:
(1) "Department" means the department of commerce.
(2) "Recovery zone bonds" means any recovery zone economic development bonds or recovery zone facility bonds that are allocated pursuant to Section 1400U-1 of the Internal Revenue Code of 1986, as amended.
(b) (1) The department shall allocate recovery zone bonds to counties and large municipalities in accordance with Section 1400U-1 of the Internal Revenue Code of 1986, as amended, and shall provide notice of such allocation to each county and large municipality. A county or large municipality may, at any time, waive any allocation of recovery zone bonds by providing written notice to the department. Each allocation shall be deemed waived by the county or large municipality on the sixtieth day following notice of allocation, except to the extent the county or large municipality provided the department with written notice of intent to issue recovery zone bonds stating the amount and type to be issued. Each county or large municipality shall notify the department in writing of the issuance of recovery zone bonds. Any recovery zone bonds allocated to a county or large municipality which remain unissued as of June 30, 2010, shall be recaptured by the department for reallocation.
(2) Any county or municipality may apply to the department for the allocation of additional recovery zone bonds to the extent such bonds are available due to the waiver of recovery zone bond allocations by other counties or large municipalities or the recapture of recovery zone bonds by the department as provided under paragraph (1) of this subsection. The department may reallocate such recovery zone bonds to any county or municipality as provided by rule.
(c) The department may adopt such rules and regulations as may be required for the implementation and administration of this section.
History:
L. 2010, ch. 98, § 1; April 22.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,221 Qualified energy conservation bonds; allocation; rules and regulations.

74-50,221.
Qualified energy conservation bonds; allocation; rules and regulations.
(a) As used in this section:
(1) "Department" means the department of commerce.
(2) "Qualified energy conservation bonds" means any qualified energy conservation bonds that are allocated pursuant to Section 54D(e)(1) of the Internal Revenue Code of 1986, as amended.
(b) (1) The department shall allocate qualified energy conservation bonds to large local governments in accordance with Section 54D(e)(1) of the Internal Revenue Code of 1986, as amended, and shall provide notice of such allocation to each large local government. A large local government may, at any time, waive any allocation of qualified energy conservation bonds by providing written notice to the department. Each allocation shall be deemed waived by the large local government on the sixtieth day following notice of allocation, except to the extent the large local government provided the department with written notice of intent to issue qualified energy conservation bonds stating the amount and type to be issued. Each large local government shall notify the department in writing of the issuance of qualified energy conservation bonds. Any qualified energy conservation bonds allocated to a large local government which remain unissued as of June 30 of each year, shall be recaptured by the department for reallocation.
(2) Any local government may apply to the department for the allocation of additional qualified energy conservation bonds to the extent such bonds are available due to the waiver of qualified energy conservation bond allocations by other large local governments or the recapture of qualified energy conservation bonds by the department as provided under paragraph (1) of this subsection. The department may reallocate such qualified energy conservation bonds to any local government as provided by rule.
(c) The department may adopt such rules and regulations as may be required for the implementation and administration of this section.
History:
L. 2010, ch. 98, § 2; April 22.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,222 Rural opportunity zones; definitions.

74-50,222. Rural opportunity zones; definitions.
As used in K.S.A. 74-50,222, 74-50,223 and 79-32,267, and amendments thereto:
(a) "Institution of higher education" means a public or private nonprofit educational institution that meets the requirements of participation in programs under the higher education act of 1965, as amended, 34 C.F.R. § 600;
(b) "rural opportunity zone" means a county with a population of 40,000 persons or less;
(c) "secretary" means the secretary of commerce; and
(d) "student loan" means a federal student loan program supported by the federal government and a nonfederal loan issued by a lender such as a bank, savings and loan or credit union to help students and parents pay school expenses for attendance at an institution of higher education.
History:
L. 2011, ch. 22, § 1; L. 2013, ch. 135, § 9; L. 2014, ch. 140, § 19; L. 2021, ch. 101, § 11; May 27.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,224 Job creation program fund; expenditures; purposes; annual report.

74-50,224. Job creation program fund; expenditures; purposes; annual report.
(a) There is hereby created in the state treasury the job creation program fund. The secretary of commerce, in consultation with the secretary of revenue and the governor, shall administer the fund. All expenditures from the fund shall be for the purpose of promoting job creation and economic development by funding projects related to: (1) Major expansion of an existing Kansas commercial enterprise;
(2) potential location in Kansas of the operations of a major employer;
(3) award of a significant federal or private sector grant which has a financial matching requirement;
(4) potential departure from Kansas or the substantial reduction of the operations of a major Kansas employer;
(5) training or retraining activities for employees in Kansas companies;
(6) potential closure or substantial reduction of the operations of a major state or federal institution;
(7) projects in counties with at least a 10% population decline during the period from 2000 to 2010; or
(8) other unique economic development opportunities.
(b) All expenditures from the fund shall be for the purposes described in subsection (a) and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
(c) The secretary shall annually make a report on activities of the department related to administration of the job creation program fund and the funding of projects therefor. Such report shall contain specific and aggregate information regarding all expenditures from the fund, projects receiving funds, the amount of funds expended for each project, the reason and purpose described in subsections (a)(1) through (a)(8) for which funding was approved for each project, the number and characteristics of jobs created or retained in Kansas, the number of such jobs created or retained which do not continue to exist and the circumstances and effect of such discontinuance, and any other accomplishments related thereto. The secretary shall present such report to the president of the senate, the speaker of the house, the senate minority leader, the house minority leader, the house committee on taxation, the senate committee on assessment and taxation, the senate committee on commerce and the house committee on commerce and economic development during January of each year.
History:
L. 2011, ch. 116, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,225 Economic development incentive programs; application fees; rules and regulations.

74-50,225. Economic development incentive programs; application fees; rules and regulations.
(a) For purposes of recovering application processing, oversight, administrative and other costs, the secretary of commerce may assess an application fee of up to $750 upon applications for economic development incentive programs administered wholly or in part by the secretary, including, but not limited to, the Kansas industrial training and retraining programs, K.S.A. 74-5065 et seq., and amendments thereto, the high performance incentive program, K.S.A. 74-50,131 et seq., and amendments thereto, the promoting employment across Kansas act, K.S.A. 74-50,210 et seq., and amendments thereto, and the job creation program fund, K.S.A. 74-50,224 et seq., and amendments thereto. The secretary may adopt rules and regulations to implement the provisions of this subsection.
(b) The secretary of commerce shall remit all moneys received by or for the secretary from such application fees and collected under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the economic development incentive program application fee fund, which is hereby established in the state treasury and which may be used for costs to the department of commerce arising from administering such economic development incentive programs. All expenditures from the economic development incentive program application fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
History:
L. 2016, ch. 109, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,226 Definitions.

74-50,226. Definitions.
As used in K.S.A. 2023 Supp. 74-50,226 and 74-50,227, and amendments thereto:
(a) "Administering agency" means the state agency or department charged with administering a particular economic development incentive program, as set forth by the program's enacting statute or, where no department or agency is set forth, the department of revenue.
(b) "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 program, except for social and domestic tax credits, regardless of the administering 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 the authority of K.S.A. 12-1740 through 12-1749a, and amendments thereto, that is exempt from ad valorem taxation under K.S.A. 79-201a Second, and amendments thereto; and
(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.
(c) "Enterprise" means a corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust or other entity engaged in business.
(d) "Recipient" means the enterprise that is the original applicant for and that receives proceeds from an economic development incentive program directly from the administering agency. "Recipient" includes an enterprise that is no longer solvent due to bankruptcy and a recipient with respect to an economic development project that has failed.
(e) "Social and domestic tax credits" means the adoption credit created pursuant to K.S.A. 79-202a*, 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.
(f) "Tax credit program" 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.
History:
L. 2019, ch. 60, § 2; July 1.
* Reference should be to 79-32,202a.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,228 Presentations by secretary to legislative committees.

74-50,228. Presentations by secretary to legislative committees.
(a) In addition to any other reports by the secretary of commerce to the legislative post audit committee, the house committee on commerce, labor and economic development or the senate committee on commerce otherwise required by law, each year, commencing in 2020, the secretary of commerce shall make an oral presentation before the legislative post audit committee, the house committee on commerce, labor and economic development and the senate committee on commerce at mutually agreed times during the period from the commencement of the legislative session to the end of January, and shall provide a report to each such committee with respect to each economic development incentive program as defined by K.S.A. 2023 Supp. 74-50,226, and amendments thereto.
(b) The report shall include the following with respect to each economic development incentive program:
(1) A summary of the program;
(2) an annual update;
(3) an analysis of economic impact data utilizing direct, primary source or auditable data, to the extent such data is reasonably available, and excluding any tertiary or indirect effects of the economic development program; and
(4) any other information or analysis specified by the committee.
History:
L. 2019, ch. 60, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,229 Citation of act.

74-50,229. Citation of act.
K.S.A. 2023 Supp. 74-50,229 through 74-50,234, and amendments thereto, shall be known and may be cited as the Kansas apprenticeship act.
History:
L. 2023, ch. 81, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,233 Kansas educator registered apprenticeship grant program; definitions.

74-50,233. Kansas educator registered apprenticeship grant program; definitions.
For purposes of this section and K.S.A. 2023 Supp. 74-50,234, and amendments thereto:
(a) "Applicant school" means a school district organized and operating under the laws of this state, acting independently or as part of a consortia with other school districts that seeks to engage in a registered education apprenticeship program.
(b) "Candidate" means a paraeducator or other person employed by a school district who seeks to become a licensed teacher and who currently does not possess such a license.
(c) "Education apprentice" means a person who is a Kansas resident at least 16 years of age, except where an older minimum age standard is otherwise fixed by law, is a candidate, has been selected to participate in a registered education apprenticeship program by an applicant school and is employed to learn the apprenticeable occupation, as defined in 29 C.F.R. § 29.4, of teaching.
(d) "Eligible related training instruction provider" means an institution of higher education that provides a teacher preparation program and is:
(1) A state educational institution under the control and supervision of the board of regents;
(2) a municipal university;
(3) any not-for-profit institution of postsecondary education with its main campus or principal place of operation in Kansas, is operated independently and not controlled or administered by any state agency or subdivision of the state, maintains open enrollment and is accredited by a nationally recognized accrediting agency for higher education in the United States; or
(4) a not-for-profit independent institution of higher education which is accredited by an institutional accrediting agency recognized by the United States department of education, is operated independently and not controlled or administered by the state or any agency or subdivision thereof, maintains open enrollment, offers online education, offers exclusively competency-based education programs and has been granted accreditation for its teacher licensure programs by the council for the accreditation of educator preparation and the association for advancing quality in educator preparation.
(e) "Registered education apprenticeship program" means an apprenticeship program, as defined in K.S.A. 2023 Supp. 74-50,229, and amendments thereto, that is a registered apprenticeship program, as defined in K.S.A. 2023 Supp. 74-50,229, and amendments thereto, of an applicant school for the profession of teaching that provides candidates combined classroom and on the job training under the direct supervision of a licensed professional teacher and has been approved by the secretary.
(f) "Secretary" means the secretary of commerce or the secretary's designee, including the director of the office of registered apprenticeship or any successor, designated by the secretary to administer the provisions of this act.
History:
L. 2023, ch. 81, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,235 Definitions.

74-50,235. Definitions.
As used in this section and K.S.A. 2023 Supp. 74-50,236, and amendments thereto:
(a) "Eligible institution of higher education" means:
(1) (A) A state educational institution as defined in K.S.A. 76-711, and amendments thereto; or
(B) any private, independent college with its primary location in Kansas that is a member of the Kansas independent college association as of July 1, 2023; and
(2) that has an engineering program accredited by the accreditation board for engineering and technology.
(b) "Engineering program" or "accredited engineering program" means an engineering program accredited by the accreditation board for engineering and technology and includes, but is not limited to, a program in computer engineering or computer science.
(c) "Qualified eligible institution of higher education" means an eligible institution of higher education that has certified to the secretary that, in the immediately preceding academic year, at least the following number of students have graduated with baccalaureate degrees from an engineering program or programs with respect to each institution:
(1) Kansas state university, 586 graduates;
(2) university of Kansas, 419 graduates;
(3) Wichita state university, 360 graduates;
(4) any other state educational institution as defined in K.S.A. 76-711, and amendments thereto, with an accredited engineering program, one or more graduates; and
(5) private, independent colleges, one or more graduates.
(d) "Secretary" means the secretary of commerce.
History:
L. 2023, ch. 81, § 7; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,237 Expiration of program; abolishment of fund.

74-50,237. Expiration of program; abolishment of fund.
The provisions of K.S.A. 2023 Supp. 74-50,235 through 74-50,237, and amendments thereto, shall expire on July 1, 2033. On July 1, 2033, the director of accounts and reports shall transfer all unencumbered moneys in the engineering graduate fund* to the state general fund. After such transfer, the engineering graduate fund shall be abolished. Upon abolishment of such fund, all liabilities of the engineering graduate fund shall be transferred to and imposed on the state general fund.
History:
L. 2023, ch. 81, § 9; July 1.
* Reference to the engineering graduate fund should be to the engineering graduate incentive fund. See the creation of the fund at 74-50,236(a).
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,291 Title of act; definitions.

74-50,291. Title of act; definitions.
(a) K.S.A. 2023 Supp. 74-50,291 through 74-50,300, and amendments thereto, shall be known and may be cited as the Kansas commission for the United States semiquincentennial act.
(b) As used in K.S.A. 2023 Supp. 74-50,291 through 74-50,300, and amendments thereto:
(1) "Act" means the Kansas commission for the United States semiquincentennial act; and
(2) "commission" means the Kansas commission for the United States semiquincentennial.
History:
L. 2022, ch. 35, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,292 Same; establishment; cooperation with other entities.

74-50,292. Same; establishment; cooperation with other entities.
(a) The Kansas commission for the United States semiquincentennial is hereby established within and as a part of the department of commerce to plan, encourage, develop and coordinate the commemoration of the 250th anniversary of the founding of the United States and to recognize the impact of this event on the people of Kansas and the nation's past, present and future.
(b) The commission shall cooperate with the United States semiquincentennial commission and various state agencies, boards, commissions, departments and political subdivisions in order to execute commemorative events and to implement educational activities, events and celebrations related to the semiquincentennial of the United States.
History:
L. 2022, ch. 35, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,293 Members; vacancies.

74-50,293. Members; vacancies.
(a) The commission shall consist of 20 voting members as follows:
(1) The secretary of commerce or the secretary's designee;
(2) the executive director of the Kansas African American affairs commission or the executive director's designee;
(3) the executive director of the Kansas Hispanic and Latino American affairs commission or the executive director's designee;
(4) the executive director of the Kansas state historical society or the executive director's designee;
(5) one member of the house of representatives to be appointed by the speaker of the house of representatives;
(6) one member of the majority party of the house of representatives to be appointed by the majority leader of the house of representatives;
(7) one member of the minority party of the house of representatives to be appointed by the minority leader of the house of representatives;
(8) one member of the senate to be appointed by the president of the senate;
(9) one member of the majority party of the senate to be appointed by the majority leader of the senate;
(10) one member of the minority party of the senate to be appointed by the minority leader of the senate;
(11) the state regent of the Kansas society daughters of the American revolution or the state regent's designee;
(12) the president of the Kansas society sons of the American revolution or the president's designee;
(13) the president of the Kansas historical foundation or the president's designee;
(14) one professor of American history from a Kansas institution of higher education, appointed by the president of the state board of regents;
(15) one teacher of American history from a public school, appointed by the state board of education;
(16) one representative appointed by the Kansas native American affairs office;
(17) the commander of the Kansas American legion or the commander's designee;
(18) the commander of the department of Kansas veterans of foreign wars or the commander's designee;
(19) the president of the sunflower sampler foundation or the president's designee; and
(20) the chairperson of the Kansas state fair board or the chairperson's designee.
(b) Members shall be appointed for the duration of the commission but shall serve only for as long as such members remain in the position that originally qualified such member for appointment.
(c) A vacancy on the commission shall not affect the powers of the commission. Each vacancy shall be filled in the same manner as the original appointment.
History:
L. 2022, ch. 35, § 3; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,294 Duties; special committees.

74-50,294. Duties; special committees.
(a) The commission shall plan, coordinate and implement a program in 2026 to commemorate the 250th anniversary of the founding of the United States. In developing the plans and overall program for the event, the commission shall:
(1) Give due consideration to related plans and programs developed by federal, state, local and private groups;
(2) hold public meetings to solicit the input of Kansas citizens throughout the state in developing programs for the semiquincentennial. The first public meeting shall be held within 90 days of the commission's first meeting and public meetings shall continue throughout the commission's existence;
(3) showcase all counties of the state;
(4) draw attention to the achievements, struggles, honors, innovations and impacts of all people in the state;
(5) clearly delineate all expenses incurred by the commission in developing the program;
(6) create a website to communicate plans for the semiquincentennial; and
(7) solicit gifts and donations from private industry, corporations and individuals to support the commission's goals.
(b) To aid in developing plans, the commission may designate special committees with representatives from groups described in K.S.A. 2023 Supp. 74-50,292(b), and amendments thereto, to plan, develop and coordinate specific activities.
History:
L. 2022, ch. 35, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 50 - Department Of Commerce › 74-50,295 Meetings; quorum.

74-50,295. Meetings; quorum.
Meetings of the commission shall be held throughout the state at times and locations determined by the chairperson, who shall be selected by a majority vote of the commission and may serve up to two consecutive two-year terms. In the case of a national, state or local emergency, making meeting in person dangerous or impossible, the commission may meet in another manner where all participants can participate with each other at the same time, including using an electronic platform. The first meeting of the commission shall be called by the state regent of the Kansas society daughters of the American revolution or the state regent's designee. A majority of the members of the commission constitutes a quorum.
History:
L. 2022, ch. 35, § 5; July 1.