Terms Used In Kansas Statutes > Chapter 76 > Article 7 - State Educational Institutions; Management and Operation

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alternative project delivery: means an integrated comprehensive building design and construction process, including all procedures, actions, sequences of events, contractual relations, obligations, interrelations and various forms of agreement all aimed at the successful completion of the design and construction of buildings and other structures whereby a construction manager or general contractor team is selected based on a qualifications and best value approach. See Kansas Statutes 76-7,126
• Ancillary technical services: include , but shall not be limited to, geology services and other soil or subsurface investigation and testing services, surveying, adjusting and balancing air conditioning, ventilating, heating and other mechanical building systems and testing and consultant services that are determined by the institution to be required for the project. See Kansas Statutes 76-7,126
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Architectural services: means those services described as the "practice of architecture" as defined in Kan. See Kansas Statutes 76-7,126
• Arrest: Taking physical custody of a person by lawful authority.
• Bequest: Property gifted by will.
• Board of regents: means the state board of regents provided for in the constitution of this state and described in article 32 of chapter 74 of Kansas Statutes Annotated and amendments thereto. See Kansas Statutes 76-711
• Bonds: means any bonds, notes, lease certificates of participation or other evidences of indebtedness, whether or not the interest on which is subject to federal income taxation, issued by the Kansas development finance authority on behalf of the board of regents pursuant to this act to finance a scientific research and development facility. See Kansas Statutes 76-779
• Building construction: means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building or structure. See Kansas Statutes 76-7,126
• Construction management at-risk contract: means a contract under which an institution acquires from a construction manager or general contractor a series of preconstruction services and an at-risk financial obligation to carry out construction under a specified cost agreement. See Kansas Statutes 76-7,126
• Construction management at-risk services: means the services provided by a firm which has entered into a contract with the institution to be the construction manager or general contractor for the value and schedule of the contract for a project, which is to hold the trade contracts and execute the work for a project in a manner similar to a general contractor, and which is required to solicit competitive bids for the trade packages developed for the project and to enter into the trade contracts for a project with the lowest responsible bidder therefor. See Kansas Statutes 76-7,126
• Construction manager or general contractor: means any individual, partnership, joint venture, corporation, or other legal entity who is a member of the integrated project team with the institution, design professional and other consultants that may be required for the project, who utilizes skill and knowledge of general contracting to perform preconstruction services and competitively procures and contracts with specialty contractors assuming the responsibility and the risk for construction delivery within a specified cost and schedule terms including a guaranteed maximum price. See Kansas Statutes 76-7,126
• Construction project services: means the process of planning, acquiring, building, equipping, altering, repairing, improving, or demolishing any structure or appurtenance thereto, including facilities, utilities or other improvements to any real property, excluding highways, roads, bridges, dams, turnpikes or related structures or stand-alone parking lots. See Kansas Statutes 76-7,126
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dependent: A person dependent for support upon another.
• Donor: The person who makes a gift.
• Eligible educational institution: means any state educational institution, municipal university, community college, technical college or vocational education school under the governance or coordination of the state board of regents. See Kansas Statutes 76-773
• Endowed professorship: means the position of a professor of the faculty of an eligible educational institution for which a qualifying gift is received by the endowment association of the eligible educational institution in accordance with the Kansas partnership for faculty of distinction program. See Kansas Statutes 76-773
• Endowment association: means :

  (1) For the Fort Hays state university, the Fort Hays state university foundation;

  (2) for the Kansas state university of agriculture and applied science, the Kansas state university veterinary medical center, and the Kansas state university polytechnic campus, the Kansas state university foundation;

  (3) for the Emporia state university, the Emporia state university foundation;

  (4) for the Pittsburg state university, the Pittsburg state university foundation;

  (5) for the university of Kansas and the university of Kansas medical center, the Kansas university endowment association; and

  (6) for the Wichita state university, the Wichita state university board of trustees and the Wichita state university foundation. See Kansas Statutes 76-756

• Engineering services: means those services described as the "practice of engineering" as defined in Kan. See Kansas Statutes 76-7,126
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal funds: means funds which are received by a state agency directly or indirectly from any agency of the federal government and which may be expended to finance a research project. See Kansas Statutes 76-739
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guaranteed maximum price: means the cost of the work as defined in the contract. See Kansas Statutes 76-7,126
• Institution: means any institution under the control and supervision of the state board of regents. See Kansas Statutes 76-739
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Minor: means any person defined by Kan. See Kansas Statutes 77-201
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Non-state moneys: means any funds received by a state educational institution from any source other than the state of Kansas or any agency thereof. See Kansas Statutes 76-7,126
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parking lot: means a designated area constructed on the ground surface for parking motor vehicles. See Kansas Statutes 76-7,126
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Preconstruction services: means a series of services including, but not limited to: Design review, scheduling, cost control, value engineering, constructability evaluation and preparation and coordination of bid packages. See Kansas Statutes 76-7,126
• Procurement committee: means the state educational institution procurement committee established by Kan. See Kansas Statutes 76-7,126
• Program: means the Kansas partnership for faculty of distinction program established by this act. See Kansas Statutes 76-773
• project: means the process of designing, constructing, reconstructing, altering or renovating a building or other structure. See Kansas Statutes 76-7,126
• Property: includes personal and real property. See Kansas Statutes 77-201
• Qualifying gift: means a monetary donation which (1) is a single monetary donation from a single donor or entity or is a joint monetary donation from or on behalf of two or more donors or entities that are directly related or associated or that otherwise are determined by the state board of regents to have common characteristics or similarities such that the joint monetary donation conforms with the purposes of the program, (2) is made in cash or the equivalent of cash, (3) has been received by the endowment association of an eligible educational institution from a single donor or entity for the purpose of endowing a professorship at the eligible educational institution in accordance with the program, and (4) is:

  (A) For community colleges, technical colleges and vocational education schools, an aggregate amount of at least $50,000;

  (B) for Fort Hays state university, Emporia state university and Pittsburg state university, an aggregate amount of at least $200,000;

  (C) for Washburn university, an aggregate amount of at least $300,000;

  (D) for Wichita state university, an aggregate amount of at least $350,000; and

  (E) for the university of Kansas, the university of Kansas medical center and Kansas state university of agriculture and applied science, an aggregate amount of at least $500,000. See Kansas Statutes 76-773

• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Research project: means any sponsored project or activity which is conducted by an institution for a state agency pursuant to a contract with the state agency and which project or activity is financed by federal funds. See Kansas Statutes 76-739
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
• Scientific research and development facility: means any facility, including real and personal property, for which the primary purpose is to promote scientific research and development and which is under the control of a state educational institution. See Kansas Statutes 76-779
• State: means the state of Kansas. See Kansas Statutes 76-779
• State agency: means any state agency, as defined in Kan. See Kansas Statutes 76-739
• State board: means the state board of regents. See Kansas Statutes 76-7,126
• State educational institution: means the university of Kansas, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university, and Fort Hays state university. See Kansas Statutes 76-711
• Statute: A law passed by a legislature.
• This act: means the university research and development enhancement act. See Kansas Statutes 76-779
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.