History: L. 1963, ch. 407, § 1; Repealed, L. 1975, ch. 389, § 4; July 1.
(a) Facilitate the growth, diversification and expansion of existing enterprises and the creation by Kansans of new wealth-generating enterprises;
(b) promote economic diversification and innovation within the basic industries and sectors of the state;
(c) promote increased productivity and value added products, processes and services among wealth-generating enterprises, and the export of those goods and services created by small and large Kansas enterprises to the nation and world;
(d) maintain and revitalize economically depressed rural areas and urban neighborhoods by annually targeting scarce resources by size, sector and location to communities and enterprises of particular need and opportunity, and by working in close collaboration with local communities;
(e) protect and enhance the environmental quality of the state in ways consistent with dynamic economic growth; and
(f) forge a supportive partnership with the standing committee on commerce of the senate, the standing committee on economic development of the house of representatives and the joint committee on economic development, Kansas, Inc., the Kansas technology enterprise corporation, Kansas venture capital, Inc., Kansas certified development companies, Kansas small business development centers, Kansas public and private educational institutions, and other appropriate private and public sector organizations in achieving the economic goals of the state.
History: L. 1986, ch. 296, § 1; L. 1993, ch. 136, § 6; April 15.
History: L. 1963, ch. 407, § 2; April 19.
(b) The secretary shall employ division directors and such other professional staff and employees as may be deemed necessary to effectively administer this act. The secretary may appoint one public information officer, one chief attorney, one personal secretary and one special assistant who shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary and approved by the governor.
(c) The offices of the department of commerce shall be located in Topeka.
(d) The provisions of the Kansas governmental operations accountability law apply to the department of commerce and the office of secretary of commerce, and the department and office are subject to audit, review and evaluation under such law.
History: L. 1975, ch. 388, § 1; L. 1975, ch. 389, § 1; L. 1981, ch. 299, § 30; L. 1982, ch. 347, § 43; L. 1986, ch. 296, § 2; L. 1987, ch. 347, § 2; L. 1992, ch. 116, § 37; July 1.
History: L. 1975, ch. 388, § 2; L. 1986, ch. 296, § 3; Jan. 12, 1987.
History: L. 1975, ch. 388, § 3; L. 1986, ch. 296, § 4; Jan. 12, 1987.
History: L. 1975, ch. 388, § 4; L. 1986, ch. 296, § 5; Jan. 12, 1987.
(b) Whenever the secretary of economic development, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of commerce.
History: L. 1975, ch. 388, § 5; L. 1986, ch. 296, § 6; Jan. 12, 1987.
History: Executive Reorganization Order No. 23, § 1; L. 2001, ch. 86, § 7; Repealed, L. 2003, ch. 154, § 104; July 1.
History: Executive Reorganization Order No. 23, §§ 2 to 6; Repealed, L. 2003, ch. 154, § 104; July 1.
(b) The secretary of commerce and housing shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions transferred to the division of housing or the department of commerce and housing pursuant to this order. Any conflict as to the proper disposition of property, personnel or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 23, § 7; July 1, 1992.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 23, § 8; July 1, 1992.
History: Executive Reorganization Order No. 23, § 9; Repealed, L. 2003, ch. 154, § 104; July 1.
History: Executive Reorganization Order No. 23, § 10; L. 2003, ch. 154, § 31; July 1.
(b) Whenever the department of commerce and housing, or words of like effect, are referred to or designated by a statute, contract or other document, and such reference or designation is in regard to any function, power, or duty other than those powers, duties, and functions that are transferred to the Kansas development finance authority under this order, such reference or designation shall be deemed to apply to the department of commerce established by this order.
(c) Whenever the secretary of commerce and housing, or words of like effect, are referred to or designated by a statute, contract or other document, and such reference or designation is in regard to any function, power, or duty other than those powers, duties, and functions that are transferred to the Kansas development finance authority under this order, such reference or designation shall be deemed to apply to the secretary of commerce established by this order.
(d) All rules and regulations, orders and directives of the secretary of the department of commerce and housing that relate to functions other than those functions transferred by this order and that are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of commerce until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 7; July 1.
(b) Notwithstanding the provisions of executive reorganization order no. 30, the department of commerce is authorized and directed to adopt in fiscal year 2004 permanent rules and regulations setting forth an objective scoring matrix for the purpose of awarding housing tax credits. Thereafter the Kansas development finance authority is authorized to amend or supplement any such rules and regulations.
History: L. 2003, ch. 154, § 103; May 29.
History: L. 2004, ch. 183, § 7; June 3.
(b) The monitoring unit of the division of workforce development shall report annually, on or before January 15, to the senate committee on commerce, the house committee on economic development and tourism and the joint committee on economic development, and any successor committees thereto, on the monitoring activities of the division during the preceding calendar year, any problems within workforce development activities, compliance with federal and state requirements and such other matters concerning workforce development which the monitoring unit deems appropriate.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 1; L. 2007, ch. 35, § 1; July 1.
(b) Whenever the division of employment and training of the department of human resources, or words of like effect, are referred to or designated by a statute, contract, or other document, such reference or designation shall be deemed to apply to the division of workforce development established by this order.
(c) Whenever the director of employment and training within the department of human resources, or words of like effect, are referred to or designated by a statute, contract, or other document, such reference or designation shall be deemed to apply to the director of workforce development established by this order.
(d) Whenever the department of human resources or the secretary of human resources, or words of like effect, are referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred to the department or secretary of commerce pursuant to this order, such reference or designation shall be deemed to apply to the department of commerce or the secretary of commerce.
(e) All rules and regulations, orders, and directives of the secretary of the department of human resources or the director of employment and training which relate to the functions transferred by this order and which are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of commerce or the director of workforce development until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 3; July 1.
(b) On the effective date of this order, liability for all accrued compensation or salaries of officers and employees who are transferred to the department of commerce under this order shall be assumed and paid by the department of commerce.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 4; July 1.
(b) The department of commerce shall succeed to all property, property rights, and records which were used for or pertain to the performance of powers, duties, and functions transferred to the department of commerce. Any conflict as to the proper disposition of property, personnel, or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 5; July 1.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 6; July 1.
(b) Officers and employees of the department of human resources transferred by this order shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the department of human resources prior to the date of transfer.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 8; July 1.
History: L. 2005, ch. 132, § 11; Apr. 21.
History: L. 1963, ch. 407, §§ 3, 4; Repealed, L. 1975, ch. 389, § 4; July 1.
(a) To assume central responsibility for implementing all facets of a comprehensive, long-term, economic development strategy and for coordinating the efforts of both state agencies and local economic development groups as they relate to that objective;
(b) to coordinate the implementation of the strategy with all other state and local agencies and offices and state educational institutions which do research work, develop materials and programs, gather statistics, or which perform functions related to economic development; and such state and local agencies and offices and state educational institutions shall advise and cooperate with the department in the planning and accomplishment of the purposes of this act;
(c) to advise and cooperate with all federal departments, research institutions, educational institutions and agencies, quasi-public professional societies, private business and agricultural organizations and associations, and any other party, public or private, and to call upon such parties for consultation, and assistance in their respective fields of interest, to the end that all up to date available technical advice, information and assistance be gathered for the use of the department, the governor, the legislature, and the people of this state;
(d) to enter into agreements necessary to carry out the purposes of this act;
(e) to conduct an effective business information service, keeping up to date information on such things as manufacturing industries, labor supply and economic trends in employment, income, savings and purchasing power within the state, utilizing the services and information available from the division of the budget of the department of administration;
(f) to support a coordinated program of scientific and industrial research with the objective of developing additional uses of the state's natural resources, agriculture, agricultural products, new and better industrial products and processes, and the best possible utilization of the raw materials in the state; and to coordinate this responsibility with the state educational institutions, with all state and federal agencies, and all public and private institutions within or outside the state, all in an effort to assist and encourage new industries or expansion of existing industries through basic research, applied research and new development;
(g) to maintain and keep current all available information regarding the industrial opportunities and possibilities of the state, including raw materials and by-products; power and water resources; transportation facilities; available markets and the marketing limitations of the state; labor supply; banking and financing facilities; availability of industrial sites; and the advantages the state and its particular sections have as industrial locations; and such information shall be used for the encouragement of new industries in the state and the expansion of existing industries within the state;
(h) to publicize information and the economic advantages of the state which make it a desirable place for commercial and industrial operations and as a good place in which to live;
(i) to establish a clearinghouse for the collection and dissemination of information concerning the number and location of public and private postsecondary vocational and technical education programs in areas critical to economic development;
(j) to acquaint the people of this state with the industries within the state and encourage closer cooperation between the farming, commercial and industrial enterprises and the people of the state;
(k) to encourage and promote the traveling public to visit this state by publicizing information as to the recreational, historic and natural advantages of the state and its facilities for transient travel and to contract with organizations for the purpose of promoting tourism within the state; and the department may request other state agencies such as, but not limited to, the Kansas water office, the Kansas department of wildlife and parks and the department of transportation, for assistance and all such agencies shall coordinate information and their respective efforts with the department to most efficiently and economically carry out the purpose and intent of this subsection;
(l) to participate in economic development and planning assistance programs of the federal government to political subdivisions;
(m) to assist counties and cities in industrial development through the establishment of industrial development corporations, including site surveys, small business administration situations, and render such other similar assistance as may be required; and in those instances where it is deemed appropriate, to contract with and make a service charge to the county or city involved for such services rendered;
(n) to render assistance to private enterprise on planning problems and site surveys upon request and shall make a reasonable service charge for such services rendered; and any moneys received for services rendered, as provided in this subsection, shall be deposited in the fund and expended therefrom, as provided in subsection (o);
(o) to make agreements with other states and with the United States government, or its agencies, and to accept funds from the federal government, or its agencies, or any other source for research studies, investigation, planning and other purposes related to the duties of the department; and any funds so received shall be remitted 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 a special revenue fund which is hereby created and shall be known as the "economic development fund" or used in accordance with or direction of the contributing federal agencies; and expenditures from such fund may be made for any purpose in keeping with the responsibilities, functions and authority of the department; and warrants on such fund shall be drawn in the same manner as required of other state agencies upon vouchers signed by the secretary;
(p) to do other and further acts as shall be necessary and proper in fostering and promoting the industrial development and economic welfare of the state;
(q) to organize, or cause to be organized, an advisory board or boards representing interested groups, including industry, labor, agriculture, scientific research, the press, the professions, industrial associations, civic groups, etc.; and such board or boards shall advise with the department as to its work and the department shall, as far as practicable, cooperate with such board or boards, and secure the active aid thereof in the accomplishment of the aims and objectives of the department;
(r) to perform the duties imposed under the Kansas venture capital company act;
(s) to serve as the central agency and clearinghouse to collect and disseminate ideas and information bearing on local planning problems; and, in so doing, the department, upon request of the board of county commissioners of any county or the governing body of any city in the state, may make a study and report upon any planning problem of such county or city submitted to it;
(t) to disseminate to the public information concerning economic development programs available in the state, regardless of whether such programs are administered by the department or some other agency and the department shall make available audio-visual and written materials describing the economic development programs to local chambers of commerce, economic development organizations, banks and public libraries and shall take other measures as may be necessary to effectuate the purpose of this subsection; and
(u) to perform the duties imposed under the individual development account program act, K.S.A. 2007 Supp. 74-50,201 through 74-50,208, and amendments thereto.
History: L. 1963, ch. 407, § 5; L. 1974, ch. 350, § 12; L. 1975, ch. 427, § 242; L. 1976, ch. 350, § 1; L. 1976, ch. 349, § 1; L. 1980, ch. 284, § 18; L. 1983, ch. 255, § 1; L. 1986, ch. 296, § 7; L. 1987, ch. 304, § 1; L. 1989, ch. 118, § 181; L. 1990, ch. 283, § 4; L. 1994, ch. 122, § 1; L. 2001, ch. 5, § 322; L. 2005, ch. 104, § 9; Apr. 21.
History: L. 1963, ch. 407, § 6; L. 1971, ch. 261, § 1; L. 1974, ch. 348, § 74; L. 1974, ch. 349, § 1; Repealed, L. 1975, ch. 389, § 4; July 1.
History: L. 1963, ch. 407, § 7; Repealed, L. 1986, ch. 296, § 27; Jan. 12, 1987.
(a) Foster a climate of agricultural and industrial development by providing incentives to businesses and industries located principally outside the state to expand, locate or relocate within the state;
(b) to engage in recruitment of such businesses and industries by identifying, contacting and informing them of the benefits of expanding, locating or relocating in Kansas;
(c) maintain and keep current all available information regarding the industrial opportunities and possibilities of the state, including raw materials and by-products; power and water resources; transportation facilities; available markets and the marketing limitations of the state; labor supply; banking and financing facilities; availability of industrial sites; and the advantages the state and its particular sections have as industrial locations; and such information shall be used for the encouragement of new industries in the state and the expansion of existing industries within the state;
(d) to assist counties and cities in industrial development through the establishment of industrial development corporations, including site surveys, small business administration problems, and render such other similar assistance as may be required; and in those instances where it is deemed appropriate, to contract with and make a service charge to the county or city involved for such services rendered; and
(e) to acquaint the people of this state with the industries within the state and encourage closer cooperation between the agriculture, commercial and industrial enterprises and the people of the state.
(f) Provide programs that facilitate the development of existing industries and startup industries;
(g) facilitate the availability of capital for business growth and quality job creation;
(h) foster the development of a coordinated statewide network of business assistance programs;
(i) encourage the development of minority and women-owned businesses;
(j) pursue initiatives that expand the market for Kansas products and services;
(k) assist small business by providing assistance in interpreting and applying the laws and administrative rules and regulations of the state applying to such businesses; and
(l) make performance grants available to certified development companies and small business development centers as key constituent elements of a "statewide risk capital system" subject to legislative appropriations. Such grants shall be made to provide secure base levels of funding and incentives for providing financial and technical assistance through the statewide risk capital system to primary, job creating enterprises. The method of distribution of the grants shall be developed by the division in consultation with the certified development companies and small business development centers and reviewed and evaluated by Kansas, Inc. Prior to establishing the method of distribution, the division in consultation with the certified development companies and small business development centers shall perform a survey and analysis of the effectiveness of existing methods of distribution for funding in other states. The method of distribution shall include provision for the establishment of performance standards and performance review prior to initial funding and for all subsequent refunding. The method of distribution shall also provide a formula for base levels of funding which considers all current levels of federal, state and other existing funding, and which recognizes different needs based upon differences in client populations and areas served. The method of distribution proposed shall give priority to the use of state funds for incentive funding where possible, and shall specifically encourage co-location of services essential to an effective and efficient statewide risk capital system.
History: L. 1986, ch. 296, § 9; L. 1994, ch. 156, § 1; July 1.
History: L. 1961, ch. 404, § 1; L. 1963, ch. 407, § 8; Repealed, L. 1975, ch. 389, § 4; July 1.
History: L. 1975, ch. 388, § 6; L. 1985, ch. 256, § 8; L. 1986, ch. 296, § 8; L. 1994, ch. 156, § 2; July 1.
History: L. 1975, ch. 388, § 7; L. 1983, ch. 255, § 2; Repealed, L. 1986, ch. 296, § 27; Jan. 12, 1987.
History: L. 1975, ch. 388, § 8; L. 1985, ch. 256, § 9; L. 1986, ch. 296, § 10; Jan. 12, 1987.
(a) Contract with federal, state or other public agencies and with qualified private persons or agencies and exercise such other powers as may be necessary to accomplish the purposes of this act;
(b) advise, confer, cooperate with and assist local governments, planning commissions, agencies, officials, civic and other groups and citizens in matters relating to the purposes of the department and to encourage the development of comprehensive community planning programs; and
(c) receive funds from any county, city or official metropolitan or regional planning agency established under the provisions of K.S.A. 12-716 to 12-724, inclusive, and amendments thereto, receiving financial assistance for local community planning work.
History: L. 1961, ch. 404, § 2; L. 1974, ch. 350, § 13; L. 1976, ch. 350, § 2; L. 1980, ch. 284, § 19; L. 1985, ch. 256, § 10; L. 1986, ch. 296, § 11; Jan. 12, 1987.
History: L. 1971, ch. 262, § 1; Repealed, L. 1975, ch. 389, § 4; July 1.
History: L. 1975, ch. 388, § 9; L. 1976, ch. 380, § 13; L. 1985, ch. 256, § 11; L. 1986, ch. 296, § 14; L. 1993, ch. 152, § 1; L. 1994, ch. 156, § 3; July 1.
History: L. 1971, ch. 262, § 2; L. 1975, ch. 389, § 2; L. 1985, ch. 256, § 12; July 1.
History: L. 1971, ch. 262, § 3; L. 1975, ch. 389, § 3; L. 1985, ch. 256, § 13; July 1.
History: L. 1975, ch. 388, § 10; L. 1983, ch. 255, § 3; Repealed, L. 1985, ch. 256, § 16; July 1.
History: L. 1985, ch. 256, § 1; Repealed, L. 1986, ch. 297, § 2; July 1.
History: L. 1975, ch. 388, § 11; L. 1986, ch. 296, § 21; Jan. 12, 1987.
History: L. 1975, ch. 388, § 12; L. 1986, ch. 296, § 22; Jan. 12, 1987.
History: L. 1975, ch. 388, § 13; L. 1986, ch. 296, § 23; Jan. 12, 1987.
History: L. 1975, ch. 388, § 14; L. 1986, ch. 296, § 24; Jan. 12, 1987.
History: L. 1975, ch. 388, § 15; L. 1986, ch. 296, § 25; Jan. 12, 1987.
History: L. 1975, ch. 388, § 16; L. 1982, ch. 320, § 1; Repealed, L. 1986, ch. 298, § 12; July 1.
History: L. 1975, ch. 388, § 17; L. 1986, ch. 296, § 20; Jan. 12, 1987.
History: L. 1979, ch. 272, § 1; July 1.
History: L. 1979, ch. 272, § 2; July 1.
(b) All rules and regulations and all orders and directives of the secretary of commerce which were adopted or promulgated under the community resource act and which are in existence on the effective date of this act shall continue to be effective and shall be deemed to be the duly adopted rules and regulations of the state board of regents or orders and directives of the assistant provost, until revised, amended, revoked or nullified according to law.
(c) Whenever the secretary of commerce, or words of like effect, is referred to or designated by a statute, contract or other document with regard to the community resource act, such reference or designation shall be deemed to apply to the assistant provost.
(d) This section shall be construed as part of the community resource act.
History: L. 1987, ch. 305, § 1; July 1.
(b) "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.
(c) "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.
(d) "Assistant provost" means the assistant provost of the division of continuing education of Kansas state university.
(e) "Board of regents" means the state board of regents created by K.S.A. 74-3201 and amendments thereto.
History: L. 1979, ch. 272, § 3; L. 1987, ch. 305, § 2; July 1.
(1) Review and evaluate community resource programs, applications for grants-in-aid and budgets of local organizations;
(2) establish standards and criteria for assigning priorities, on the basis of community needs assessments, among local organizations for the allocation and distribution of grants-in-aid;
(3) provide consultation and assistance to local organizations in the establishment, operation and coordination of community resource programs;
(4) make studies and gather and disseminate information relating to materials, resources, procedures, programs and personnel which are available for use in community resource programs; and
(5) recommend to the board of regents such rules and regulations for the approval of applications of local organizations and such other rules and regulations as may be necessary to administer the provisions of this act.
(b) The board of regents is hereby authorized to adopt, amend and revoke rules and regulations for the administration of the community resource act.
History: L. 1979, ch. 272, § 4; L. 1987, ch. 305, § 3; July 1.
History: L. 1979, ch. 272, § 5; L. 1987, ch. 305, § 4; July 1.
History: L. 1979, ch. 272, § 6; L. 1987, ch. 305, § 5; July 1.
(a) A community needs assessment including a showing of the absence or insufficiency within the community of programs which are similar to the community resource program;
(b) evidence of joint planning and cooperation with public and private sponsors of similar community based programs and provisions for the coordination of the community resource program with such other similar programs;
(c) a plan for operation of the local organization, including its structure, activities, meetings and staff, if any;
(d) evidence of the availability and sufficiency of financial support for the community's share of the cost, and evidence of financial ability to continue the community resource program after termination of eligibility for grants-in-aid;
(e) evidence of the formation of a local advisory council which shall be representative of the community to be served and shall provide support and guidance in determining the needs of the community and in selecting and developing activities for the community resource program; and
(f) such additional information as requested by the assistant provost.
History: L. 1979, ch. 272, § 7; L. 1987, ch. 305, § 6; July 1.
(1) For the first year in which the local organization submits an application, an amount equal to 75% of the certified budget for a community resource program or $6,000, whichever is the lesser amount;
(2) for the second year, an amount equal to 50% of the certified budget or $4,000, whichever is the lesser amount; and
(3) for the third year, an amount equal to 25% of the certified budget or $2,000, whichever is the lesser amount. After receiving grants-in-aid for three years, the eligibility of a local organization therefor shall terminate.
(b) If the amount appropriated in any year for community resource programs shall be insufficient to pay the full amount of grants-in-aid approved by the assistant provost, then the amount appropriated shall be allocated on the basis of priorities established and assigned by the assistant provost.
(c) Every local organization shall make such periodic and special reports of statistical and financial information to the assistant provost as may be requested.
History: L. 1979, ch. 272, § 8; L. 1987, ch. 305, § 7; July 1.
History: L. 1979, ch. 323, § 2; May 18.
History: L. 1980, ch. 284, §§ 4, 5; Repealed, L. 1986, ch. 296, § 27; Jan. 12, 1987.
History: L. 1982, ch. 340, § 1; L. 1985, ch. 256, § 14; L. 1986, ch. 296, § 15; Jan. 12, 1987.
(a) Encourage and promote the traveling public to visit this state by publicizing information as to the recreational, historic and natural advantages of the state and its facilities for transient travel and to contract with organizations for the purpose of promoting tourism within the state;
(b) request other state agencies such as, but not limited to, the Kansas water office, the Kansas department of wildlife and parks and the department of transportation, for assistance and all such agencies shall coordinate information and their respective efforts with the department to most efficiently and economically carry out the purpose and intent of this subsection; and
(c) Solicit and receive moneys from any public or private source and administer a program of matching grants to provide assistance to those entities described in K.S.A. 74-5089 in the promotion of tourism and the development of quality tourist attractions in this state.
History: L. 1986, ch. 296, § 16; L. 1989, ch. 118, § 182; L. 1990, ch. 284, § 2; July 1.
History: L. 1982, ch. 336, § 1; April 29.
History: L. 1983, ch. 250, §§ 1 to 3; Repealed, L. 1986, ch. 296, § 27; Jan. 12, 1987.
History: L. 1984, ch. 279, § 1; July 1.
(b) Whenever the number of copies of any application, form or document filed by a state agency is sufficiently low that the secretary of the department of economic development determines that the supply may be exhausted, the secretary of the department of economic development shall inform the state agency filing such form or document and the agency shall file the number of additional copies requested by the secretary of the department of economic development.
History: L. 1984, ch. 279, § 2; July 1.
History: L. 1984, ch. 279, § 3; July 1.
History: L. 1984, ch. 276, § 1; Repealed, L. 1994, ch. 303, § 2; July 1.
History: L. 1984, ch. 62, §§ 1 to 3; Repealed, L. 1988, ch. 303, § 6; April 7.
History: L. 1985, ch. 256, § 2; Repealed, L. 1986, ch. 296, § 27; Jan. 12, 1987.
History: L. 1985, ch. 256, § 3; L. 1986, ch. 296, § 12; Repealed, L. 1994, ch. 156, § 4; July 1.
History: L. 1986, ch. 296, § 13; Repealed, L. 1994, ch. 156, § 4; July 1.
History: L. 1986, ch. 296, § 17; Jan. 12, 1987.
(a) promote the export of Kansas products outside the state and the United States;
(b) develop and conduct trade development and market research missions to foreign markets and host foreign buying teams visiting Kansas;
(c) prepare and distribute an export directory and other specialized product information to foreign buyers;
(d) identify and develop foreign trade leads;
(e) coordinate with and disseminate information regarding the international grains program and international trade institute conducted at Kansas state university; and
(f) coordinate with and disseminate information regarding any international trade activities of the division of markets of the Kansas department of agriculture.
History: L. 1986, ch. 296, § 18; L. 2004, ch. 101, § 129; July 1.
(b) On or before October 1, the department shall prepare and publish an annual report, which shall be made widely available, of its activities and expenditures for the information of the governor, the standing committee on commerce of the senate, the standing committee on new economy of the house of representatives and the joint committee on economic development, Kansas, Inc., and the public, and shall, from time to time, submit recommendations to the governor concerning legislation found to be necessary or desirable in effecting the purposes of this act. The annual report shall include any information which the department is required to report by law. The annual report shall specifically account for the ways in which the purposes of the department and its divisions as described in this act have been achieved, and the recommendations shall specifically note what changes in the activities of the department and its divisions, and of state government are necessary to better address the purposes described in this act. The annual report to the standing committee on commerce of the senate, the standing committee on new economy of the house of representatives and the joint committee on economic development shall be made by the department either (1) by publishing such report on the internet and by notifying each member of the committees that the report is available and providing, as part of such notice, the uniform resource locator (URL) at which such report is available, or (2) by submitting copies of such report on CD-ROM or other electronically readable media to such committees.
History: L. 1986, ch. 296, § 19; L. 1992, ch. 116, § 38; L. 1993, ch. 136, § 7; L. 1996, ch. 205, § 5; L. 2002, ch. 151, § 4; L. 2003, ch. 154, § 32; July 1.
(1) The Kansas advanced technology commission shall be and hereby is abolished.
(2) The office of advanced technology shall be and hereby is abolished.
(3) All of the powers, duties and functions of the Kansas advanced technology commission and the office of advanced technology shall be and hereby are transferred to and conferred and imposed upon the Kansas technology enterprise corporation.
(4) All of the records, memoranda, writings and property of the Kansas advanced technology commission and the office of advanced technology shall be and hereby are transferred to the Kansas technology enterprise corporation and such corporation shall have legal custody of the same.
(b) On and after January 12, 1987:
(1) The Kansas technology enterprise corporation shall be the successor in every way to the powers, duties and functions of the Kansas advanced technology commission and the office of advanced technology.
(2) Whenever the Kansas advanced technology commission or the office of advanced technology is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the Kansas technology enterprise corporation.
(3) The Kansas technology enterprise corporation shall be a continuation of the Kansas advanced technology commission and the office of advanced technology.
History: L. 1986, ch. 296, § 26; Jan. 12, 1987.
History: L. 1987, ch. 327, § § 1 to 4; Repealed, L. 1992, ch. 30, § 1; July 1.
(1) Amounts appropriated by the legislature for the purposes of such fund;
(2) the proceeds, if any, derived from the sale of bonds issued by the Kansas development finance authority for the purposes of such fund;
(3) amounts of repayments made by cities and counties of loans received under K.S.A. 74-5055 through 74-5057, and amendments thereto, together with payments of interest thereon, in accordance with agreements entered into by such cities and counties and the secretary of commerce; and
(4) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of such fund.
(b) All moneys received as principal and interest payments under loan agreements entered into pursuant to K.S.A. 74-5056, and amendments thereto, shall be remitted 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 Kansas partnership fund.
(c) All expenditures from the Kansas partnership fund shall be made in accordance with K.S.A. 74-5055 through 74-5057, and amendments thereto, and the provisions of appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or by a person designated by the secretary.
(d) The activities of the secretary of commerce in administering and performing the powers, duties and functions prescribed by the provisions of K.S.A. 74-5055 through 74-5057, and amendments thereto, and providing moneys for the purposes of the Kansas partnership fund from the proceeds of revenue bonds issued for such purpose by the Kansas development finance authority are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of the issuance of such bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History: L. 1988, ch. 394, § 1; L. 2001, ch. 5, § 323; July 1.
(b) To be eligible for a loan under K.S.A. 74-5055 through 74-5057, a public infrastructure improvement project must be determined by the secretary of commerce to be a project that will directly result in the creation of private sector jobs in Kansas basic enterprises. Eligible projects may include the construction, reconstruction, rehabilitation, alteration, expansion or improvement of public facilities that support Kansas basic enterprises including, but not limited to roads, streets, highways, storm drains, water supply treatment facilities and distribution lines, wastewater collection lines and any related improvements. The secretary of commerce shall review and analyze all applications for loans under this section and shall develop criteria for the review and analysis of loan applications under this section.
(c) Each loan agreement entered into under this section shall fix the terms of repayment and may provide for interest payable on the loan. Such interest, if any, may be at fixed or variable rates. Such terms of repayment shall be fixed to require equal annual repayments of principal and interest, if any, to the extent practicable over the term of the loan, which term shall be fixed for a period of not to exceed the anticipated life of the improvement project. All such agreements shall require the city or county to establish a dedicated source of revenue for repayment of the loans, and any interest thereon, as provided in K.S.A. 74-5057.
(d) The secretary of commerce may utilize the collection procedures provided in K.S.A. 75-6201 et seq., and amendments thereto, to collect delinquent loan payments by deducting the delinquent amount from payments from state agencies to the local governmental entity that is delinquent in its loan repayment.
(e) The secretary of commerce is authorized to adopt any rules and regulations the secretary deems necessary for the proper administration of K.S.A. 74-5055 through 74-5057.
(f) As used in K.S.A. 74-5055 through 74-5057:
(1) "Kansas basic enterprise" means an enterprise which:
(A) Is or proposes to be located or principally based in Kansas; and
(B) can provide demonstrable evidence that:
(i) It is or will be primarily engaged in any one or more of the Kansas basic industries; or
(ii) it is or will be primarily engaged in the development or production of goods or the provision of services for out-of-state sales; or
(iii) it is or will be primarily engaged in the production of goods or the provision of services which will attract out-of-state buyers or consumers into the state; or
(iv) it is or will be primarily engaged in the production of raw materials, ingredients or components for other enterprises which export the majority of their products from the state; or
(v) it is a national or regional enterprise which is primarily engaged in interstate commerce; or
(vi) it is or will be primarily engaged in the production of goods or the provision of services which will supplant goods or services which would be imported into the state; or
(vii) it is the corporate or regional headquarters of a multistate enterprise which is primarily engaged in out-of-state industrial activities.
(2) "Kansas basic industry" means:
(A) Agriculture;
(B) mining;
(C) manufacturing;
(D) interstate transportation;
(E) wholesale trade which is primarily engaged in multistate activity or which has a major import supplanting effect within the state;
(F) financial services which are primarily engaged in providing such services for interstate or international transactions;
(G) business services which are primarily engaged in providing such services in out-of-state markets;
(H) research and development of new products, processes or technologies; or
(I) tourism activities which are primarily engaged in for the purpose of attracting out-of-state tourists.
(3) "Primarily engaged" means engagement in an activity by an enterprise to the extent that not less than 51% of the gross income of the enterprise is derived from such engagement.
History: L. 1988, ch. 394, § 2; July 1.
(b) Any city or county which has entered into an infrastructure loan agreement pursuant to K.S.A. 74-5056, and amendments thereto, may pay the principal and interest on such loan from the fund or funds to which its dedicated sources of revenue are deposited, or may transfer such moneys to its bond and interest fund for payment of the loan, but any property taxes levied exclusively for such purposes shall be deposited in its bond and interest fund. Any property taxes levied exclusively for repayment of any infrastructure loan under K.S.A. 74-5056, and amendments thereto, and any interest thereon, shall be levied in the same manner as taxes are levied for the payment of general obligations of the city or county.
(c) The amount of any loans received by a city or county under the provisions of K.S.A. 74-5055 through 74-5057, and amendments thereto, shall not be included within any limitation on the bonded indebtedness of the city or county.
History: L. 1988, ch. 394, § 3; L. 1990, ch. 66, § 50; May 31.
History: L. 1988, ch. 303, § 1; April 7.
(a) "Allocation" means the allocation of the state ceiling among governmental issuers as provided in this act.
(b) "Code" means the internal revenue code of 1986.
(c) "Governmental issuer" means the state and any instrumentality or political subdivision thereof which is authorized to issue private activity bonds.
(d) "Private activity bond" has the meaning ascribed thereto in the code.
(e) "Secretary" means the secretary of commerce.
(f) "State" means the state of Kansas.
(g) "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.
History: L. 1988, ch. 303, § 2; April 7.
(b) The secretary shall reserve until October 15 of each year (1) an amount equal to $5,000,000 for allocation in accordance with the provisions of section 141(b)(5) of the code for private activity use of a portion of the proceeds of bonds issued by governmental issuers, (2) an amount equal to $5,000,000 for allocation for qualified student loan bonds as defined in section 144(b) of the code, and (3) an amount equal to $25,000,000 for allocation for qualified small issue bonds as defined in section 144(a) of the code. On and after October 15 of each year, any portion of the state ceiling remaining unused or uncommitted shall be available for allocation to governmental issuers by the secretary without regard to the reservations provided for in this subsection.
(c) Prior to any issuance of private activity bonds subject to the state ceiling, a governmental issuer shall submit to the secretary on a form prescribed by the secretary a written application for an allocation of the state ceiling for such issue.
(d) Subject to the provisions of subsection (b), the secretary shall approve each properly filed application for an allocation for qualified small issue bonds of $5,000,000 or less on the basis of the chronological order of receipt of applications. If an application is for an allocation in excess of $5,000,000, the secretary may approve the total amount, approve a partial amount or reject the application.
(e) Within five business days after receipt of an application for an allocation, the secretary shall notify the governmental issuer in writing that (1) the application has been approved and shall specify the amount approved, or (2) the application has been denied, or (3) the application has been placed on hold pending receipt of additional information with respect to the application or pending a review of the effect approval of the application will have on the state ceiling.
(f) Unless an extension or a carryforward election is approved by the secretary, an approved allocation, or any portion thereof, that is not utilized by the issuance of the private activity bonds for which the allocation was approved shall expire at the earliest of (1) the time of 11:59 p.m. on the date which is 60 days after the date the notification of the approved allocation is mailed to the governmental issuer or on such other date as the secretary may specify in the notification, or (2) the date upon which the approved allocation is voluntarily surrendered to the secretary by the governmental issuer, or (3) the time of 11:59 p.m. on December 1 of the calendar year in which the allocation was approved.
(g) A governmental issuer may request an extension of the expiration date of an approved allocation by filing a written application therefor with the secretary. Any such application must be received by the secretary not less than two days prior to the expiration date of the approved allocation. In such instances, the secretary may approve an extension for a period ending at the earliest of (1) the time of 11:59 p.m. on the date which is 30 days after the initial expiration date, or (2) the date upon which the approved allocation is voluntarily surrendered to the secretary by the governmental issuer, or (3) the time of 11:59 p.m. on December 1 of the calendar year in which the allocation was approved. The secretary shall notify the governmental issuer within five business days after receipt of the application if the request for extension has been approved or denied. If the private activity bonds for which an extension has been approved are not issued on or before the last day of the extension period approved by the secretary, the approved allocation shall expire unless a carryforward election is approved by the secretary.
(h) Notwithstanding any other provision of this section, if an approved allocation or an approved extension period expires on December 1, the secretary may grant an extension, or a further extension, for any period ending not later than the time of 11:59 p.m. on December 31 of the calendar year in which the allocation was approved.
(i) The secretary shall provide to the governmental issuer on or prior to the date of issuance of any private activity bonds for which an approved allocation has not expired a certification that such bonds meet the requirements of section 146 of the code.
(j) On or after December 16 of each calendar year, the secretary may approve a carryforward election with respect to an approved allocation or any approved extension if the governmental issuer, in writing (1) requests such action, and (2) indicates that the private activity bonds for which the allocation was approved cannot be issued during the calendar year in which the allocation was approved. Such approved carryforward election shall be made by the governmental issuer by means of a statement, signed by a duly authorized official of such issuer. Such statement shall be filed with the secretary and with the internal revenue service in accordance with section 146(f) of the code. A governmental issuer may elect to carryforward such issuing authority only for qualified mortgage bonds, mortgage credit certificates, qualified student loan bonds, qualified redevelopment bonds, as defined in sections 142, 143 and 144 of the code, or for bonds to finance a project described in section 141(e)(1)(A) of the code. In no event shall such carryforward be effective for a period longer than permitted by section 146(f) of the code.
(k) If an approved allocation expires, a governmental issuer may submit another application for an allocation of the state ceiling for the same purpose for which the expired allocation was approved. Any such applications shall be reviewed in order of receipt with no preference or priority being given as a result of the prior application and allocation.
History: L. 1988, ch. 303, § 3; L. 1990, ch. 285, § 1; L. 1996, ch. 205, § 13; July 1.
(b) Failure by a governmental issuer to report in accordance with the provisions of subsection (a), or otherwise to abide by the terms of this act, may result in the forfeiture of future allocations for private activity bonds.
History: L. 1988, ch. 303, § 4; April 7.