Terms Used In Kansas Statutes > Chapter 2 > Article 21 - Plant Pests

• Acquired entity: means the entity, all of one or more classes or series of interests in which are acquired in an interest exchange. See Kansas Statutes 17-78,102
• Acquiring entity: means the entity that acquires all of one or more classes or series of interests of the acquired entity in an interest exchange. See Kansas Statutes 17-78,102
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agreement: means a plan or agreement of merger, interest exchange, conversion or domestication. See Kansas Statutes 17-78,102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• 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
• Approve: means , in the case of an entity, for its governors and interest holders to take whatever steps are necessary under its organic rules, organic law and other law to:

  (1) Propose a transaction subject to this act;

  (2) adopt and approve the terms and conditions of the transaction; and

  (3) conduct any required proceedings or otherwise obtain any required votes or consents of the governors or interest holders. See Kansas Statutes 17-78,102

• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: means the original articles of incorporation filed to create a corporation, but such term also includes the charter, articles of association and any other instrument by whatever name known under which a corporation has been or may be lawfully formed. See Kansas Statutes 17-7501
• Articles of organization: means the articles of organization referred to in Kan. See Kansas Statutes 17-7663
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bankruptcy: means an event that causes a person to cease to be a member as provided in Kan. See Kansas Statutes 17-7663
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beekeeping equipment: means all hives, supers, frames or other devices used in the rearing or manipulation of bees or their brood. See Kansas Statutes 2-2113
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in Kan. See Kansas Statutes 77-201
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means any cash, property, services rendered or a promissory note or other obligation to contribute cash or property or to perform services, which a person contributes to a limited liability company in such person's capacity as a member. See Kansas Statutes 17-7663
• Conversion: means a transaction authorized by Kan. See Kansas Statutes 17-78,102
• Converted entity: means the converting entity as it continues in existence after a conversion. See Kansas Statutes 17-78,102
• Converting entity: means the domestic entity that approves an agreement of conversion pursuant to Kan. See Kansas Statutes 17-78,102
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Covered entity: means :

  (1) A corporation;

  (2) a limited partnership;

  (3) a limited liability partnership; and

  (4) a limited liability company. See Kansas Statutes 17-7902

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deed: is a pplied to an instrument conveying lands but does not imply a sealed instrument. See Kansas Statutes 77-201
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Domestic corporation: means any corporation organized under the laws of this state, irrespective of whether such corporation is organized for profit. See Kansas Statutes 17-7501
• Domestic entity: means an entity whose internal affairs are governed by the law of this state. See Kansas Statutes 17-78,102
• domestic limited liability company: means a limited liability company formed under the laws of the state of Kansas and having one or more members. See Kansas Statutes 17-7663
• Domesticated entity: means the domesticating entity as it continues in existence after a domestication. See Kansas Statutes 17-78,102
• Domesticating entity: means the domestic entity that approves an agreement of domestication pursuant to Kan. See Kansas Statutes 17-78,102
• Domestication: means a transaction authorized by Kan. See Kansas Statutes 17-78,102
• Entity: means :

  (1) A corporation;

  (2) a general partnership, including a limited liability partnership;

  (3) a limited partnership, including a limited liability limited partnership;

  (4) a limited liability company;

  (5) a business trust or statutory trust entity;

  (6) a cooperative; or

  (7) any other person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:

  (A) An individual;

  (B) a testamentary, inter vivos or charitable trust, with the exception of a business trust, statutory trust entity or similar trust;

  (C) an association or relationship that is not a partnership solely by reason of Kan. See Kansas Statutes 17-78,102

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Filing entity: means an entity that is created by the filing of a public organic document. See Kansas Statutes 17-78,102
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign corporation: means any corporation organized under the laws of any jurisdiction other than this state. See Kansas Statutes 17-7501
• Foreign covered entity: means a covered entity whose internal affairs are governed by the laws of a jurisdiction other than this state. See Kansas Statutes 17-7902
• Foreign entity: means an entity whose internal affairs are governed by the laws of a jurisdiction other than this state. See Kansas Statutes 17-78,102
• Foreign limited liability company: means a limited liability company formed under the laws of any state or under the laws of any foreign country or other foreign jurisdiction. See Kansas Statutes 17-7663
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General election: refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year. See Kansas Statutes 77-201
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governance interest: means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee or proxy, to:

  (1) Receive or demand access to information concerning, or the books and records of, the entity;

  (2) vote for the election of the governors of the entity; or

  (3) receive notice of or vote on any or all issues involving the internal affairs of the entity. See Kansas Statutes 17-78,102

• Governor: means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Kansas Statutes 17-78,102
• Governor: means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Kansas Statutes 17-7902
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Host: means any plant or plant product upon which a plant pest is dependent for completion of any portion of its life cycle. See Kansas Statutes 2-2113
• Householder: means a person who is 18 or more years of age and who owns or occupies a house as a place of residence and not as a boarder or lodger. See Kansas Statutes 77-201
• Improve: shall mean and include alteration, repair, reconstruction, remodeling, furnishing, equipping, extending, adding to, enlarging or any other work which will enhance, extend or restore the value or utility of the public building. See Kansas Statutes 19-15,114
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• Interest: means :

  (1) A governance interest in an unincorporated entity;

  (2) a transferable interest in an unincorporated entity; or

  (3) a share or membership in a corporation. See Kansas Statutes 17-78,102

• Interest exchange: means a transaction authorized by Kan. See Kansas Statutes 17-78,102
• Interest holder: means a direct holder of an interest. See Kansas Statutes 17-78,102
• Interest holder liability: means :

  (1) Personal liability for a liability of an entity that is imposed on a person:

  (A) Solely by reason of the status of the person as an interest holder; or

  (B) by the organic rules of the entity pursuant to a provision of the organic law authorizing the organic rules to make one or more specified interest holders or categories of interest holders liable in their capacity as interest holders for all or specified liabilities of the entity; or

  (2) an obligation of an interest holder under the organic rules of an entity to contribute to the entity. See Kansas Statutes 17-78,102

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Kansas Statutes 17-7663
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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.
• Liability: means a debt, obligation or any other liability arising in any manner, regardless of whether it is secured or whether it is contingent. See Kansas Statutes 17-78,102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited liability company interest: means a member's share of the profits and losses of a limited liability company and a member's right to receive distributions of the limited liability company's assets. See Kansas Statutes 17-7663
• Liquidating trustee: means a person carrying out the winding up of a limited liability company. See Kansas Statutes 17-7663
• Live plant: means any living plant, cultivated or wild, or any part thereof that can be planted or propagated unless specifically exempted by the rules or regulations of the secretary. See Kansas Statutes 2-2113
• Live plant dealer: means any person, unless excluded by rules and regulations adopted hereunder, who engages in business in the following manner:

  (1) Grows live plants for sale or distribution;

  (2) buys or obtains live plants for the purpose of reselling or reshipping within this state; or

  (3) plants, transplants or moves live plants from place to place within the state with the intent to plant such live plants for others and receives compensation for the live plants, for the planting of such live plants or for both live plants and plantings. See Kansas Statutes 2-2113

• Location: means any grounds or premises on or in which live plants are propagated, or grown, or from which live plants are removed for sale, or any grounds or premises on or in which live plants are being fumigated, treated, packed, stored or offered for sale. See Kansas Statutes 2-2113
• Manager: means a person who is named as a manager of a limited liability company in, or designated as a manager of a limited liability company pursuant to, an operating agreement or similar instrument under which the limited liability company is formed. See Kansas Statutes 17-7663
• Member: means a person who is admitted to a limited liability company as a member as provided in Kan. See Kansas Statutes 17-7663
• Merger: means a transaction in which two or more merging entities are combined into a surviving entity pursuant to a filing with the secretary of state. See Kansas Statutes 17-78,102
• Merging entity: means an entity that is a party to a merger and exists immediately before the merger becomes effective. See Kansas Statutes 17-78,102
• 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.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
• 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.
• Official control: means the active enforcement of mandatory phytosanitary regulations and the application of mandatory phytosanitary procedures with the objective of eradication or containment of quarantine pests or for the management of regulated nonquarantine pest. See Kansas Statutes 2-2113
• Operating agreement: means any agreement, whether referred to as an operating agreement, limited liability company agreement or otherwise, written, oral, or implied, of the member or members as to the affairs of a limited liability company and the conduct of its business. See Kansas Statutes 17-7663
• Organic law: means the statutes, if any, other than this act, governing the internal affairs of an entity. See Kansas Statutes 17-78,102
• Organic law: means the statutes, if any, other than this act, governing the internal affairs of a covered entity. See Kansas Statutes 17-7902
• Organic rules: means the public organic document and private organic rules of an entity. See Kansas Statutes 17-78,102
• Organic rules: means the public organic document and private organic rules of an entity. See Kansas Statutes 17-7902
• 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.
• Permit: means a document issued or authorized by the secretary to provide for the movement of regulated articles to restricted destinations for limited handling, utilization or processing. See Kansas Statutes 2-2113
• Person: means a corporation, company, society, association, partnership, governmental agency and any individual or combination of individuals. See Kansas Statutes 2-2113
• Person: means a natural person, partnership, whether general or limited, limited liability company, trust, including a common law trust, business trust, statutory trust, voting trust or any other form of trust, estate, association, including any group, organization, co-tenancy, plan, board, council or committee, corporation, government, including a country, state, county or any other governmental subdivision, agency or instrumentality, custodian, nominee or any other individual or entity, or series thereof, in its own or any representative capacity, in each case, whether domestic or foreign. See Kansas Statutes 17-7663
• Person: means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Kansas Statutes 17-78,102
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, evidences of debt and things in action, and digital assets as defined in the revised uniform fiduciary access to digital assets act, Kan. See Kansas Statutes 77-201
• Personal representative: means , as to a natural person, the executor, administrator, guardian, conservator or other legal representative thereof and, as to a person other than a natural person, the legal representative or successor thereof. See Kansas Statutes 17-7663
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plant pests: includes any stage of development of any insect, nematode, arachnid, or any other invertebrate animal, or any bacteria, fungus, virus, weed or any other parasitic plant or microorganism, or any toxicant, that can:

  (1) Injure plants or plant products; or

  (2) cause a threat to public health. See Kansas Statutes 2-2113

• Plant products: means fruit, vegetables, roots, bulbs, seeds, wood, lumber, grains and all other plant products. See Kansas Statutes 2-2113
• Plants: means trees, shrubs, grasses, vines, forage and cereal plants and all other plants including growing crops; cuttings, grafts, scions, buds and all other parts of plants. See Kansas Statutes 2-2113
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probate: Proving a will
• Property: includes personal and real property. See Kansas Statutes 77-201
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public building: shall mean and include any building or structure determined by the board of county commissioners to be necessary to the county for any public county purpose. See Kansas Statutes 19-15,114
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public organic document: means the public record the filing of which creates an entity and any amendment to or restatement of that record. See Kansas Statutes 17-78,102
• Public organic document: means the filing of the public record which creates an entity and any amendment to or restatement of that record. See Kansas Statutes 17-7902
• Qualified foreign entity: means a foreign entity that is authorized to transact business in this state pursuant to a filing with the secretary of state. See Kansas Statutes 17-78,102
• Quorum: The number of legislators that must be present to do business.
• 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
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kansas Statutes 17-78,102
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regulated area: means an area into which, within which or from which plants, plant products and other regulated articles are subjected to phytosanitary regulations or procedures in order to prevent the introduction or spread of quarantine pests or to limit the economic impact of regulated nonquarantine pests. See Kansas Statutes 2-2113
• Regulated article: means any host or any article of any character as described in a quarantine or regulation carrying or being capable of carrying the plant pest against which the quarantine or regulation is directed. See Kansas Statutes 2-2113
• Regulated nonquarantine pest: means a nonquarantine pest whose presence in plants for planting affects the intended use of those plants with an economically unacceptable impact and which is therefore regulated. See Kansas Statutes 2-2113
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
• Secretary: means the secretary of the Kansas department of agriculture, or the authorized representative of the secretary. See Kansas Statutes 2-2113
• Series: means a designated series of members, managers, limited liability company interests or assets that is established in accordance with Kan. See Kansas Statutes 17-7663
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Special event live plant dealer: means a person:

  (1) Intending to sell, offer for sale or distribute live plants for five or fewer days in a calendar year as a nonprofit, charitable, educational or religious organization; or

  (2) who gives live plants as a premium or for advertising purposes without selling live plants as part of such person's business. See Kansas Statutes 2-2113

• State: means the District of Columbia or the commonwealth of Puerto Rico or any state, territory, possession or other jurisdiction of the United States other than the state of Kansas. See Kansas Statutes 17-7663
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Surviving entity: means the entity that continues in existence after or is created by a merger. See Kansas Statutes 17-78,102
• Tax period: means a corporation's taxable year under the Kansas income tax act. See Kansas Statutes 17-7501
• telefacsimile or electronic communication: means the use of electronic equipment to send or transfer a document, including attachment to an electronic mail or direct upload. See Kansas Statutes 17-7914
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Toxicant: means any chemical, including an agricultural chemical as defined in Kan. See Kansas Statutes 2-2113
• 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.
• Transferable interest: means the right under an entity's organic law to receive distributions from the entity. See Kansas Statutes 17-78,102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• weather modification: means and extends to the control, alteration, amelioration of weather elements including man-caused changes in the natural precipitation process, hail suppression or modification and alteration of other weather phenomena including temperature, wind direction and velocity, and the initiating, increasing, decreasing and otherwise modifying by artificial methods precipitation in the form of rain, snow, hail, mist or fog through cloud seeding, electrification or by other means to provide immediate practical benefits. See Kansas Statutes 19-212f
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.