Terms Used In Kansas Statutes > Chapter 8 > Article 1 - General Provisions

• Abortion: means an abortion as defined by Kan. See Kansas Statutes 65-67a01
• Account holder: means a person who is the owner of an individual development account. See Kansas Statutes 65-7102
• Accredited: means accredited by the state board of education. See Kansas Statutes 72-2408
• Accredited: means accredited by the state board of education. See Kansas Statutes 72-3356
• Accredited nonpublic school: means a nonpublic school participating in the quality performance accreditation system. See Kansas Statutes 72-6131
• Accredited nonpublic school: means all nonpublic elementary and secondary schools accredited by the state board of education. See Kansas Statutes 72-6228
• Accredited nonpublic schools in the district: means any accredited nonpublic school or schools that are located within a school district. See Kansas Statutes 72-3356
• Accredited school: means any elementary or secondary school maintained and operated by a school district and any accredited nonpublic school offering any of grades kindergarten through 12. See Kansas Statutes 72-3251
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means the alcohol or other drug addiction treatment act. See Kansas Statutes 65-4024a
• Action: means any civil action or arbitration proceeding between a claimant and a contractor for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the construction or a remodel of a dwelling. See Kansas Statutes 60-4701
• Activities: means school activities and contests in the fields of athletics, music, forensics, dramatics and any other interschool extracurricular activities by students enrolled in any of the grades from seven (7) to twelve (12), inclusive. See Kansas Statutes 72-7117
• Actuarial equivalent: shall mean a monthly life annuity, the amount of which shall be determined by an actuarial computation as provided in subsection (o) of Kan. See Kansas Statutes 72-26,115
• Addition to an existing nuclear generation facility: means any addition of nuclear generation capacity to an existing nuclear generation facility. See Kansas Statutes 66-1,158
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:

  (1) A practitioner or pursuant to the lawful direction of a practitioner; or

  (2) the patient or research subject at the direction and in the presence of the practitioner. See Kansas Statutes 65-4101

• Administrative employee: means , in the case of a school district, any person who is employed by a board of education in an administrative capacity and who is fulfilling duties for which an administrator's certificate is required under Kan. See Kansas Statutes 72-2218
• Administrator: means the individual directly responsible for planning, organizing, directing and controlling the operation of an adult care home. See Kansas Statutes 65-3501
• Administrator: means any employee of a board who is required to hold a school administrator's certificate, or who is designated in Kan. See Kansas Statutes 72-2281
• Adult care home: means nursing facility, nursing facilities for mental health, intermediate care facilities for people with intellectual disability, assisted living facility licensed for more than 60 residents and residential health care facility licensed for more than 60 residents as defined by Kan. See Kansas Statutes 65-3501
• Adulterated: means any carcass, or part thereof, any meat or meat food product, or any poultry or poultry product under one or more of the following circumstances:

  (1) If the product bears or contains any poisonous or deleterious substance which may render it injurious to health, except that if the substance is not an added substance, the product shall not be considered adulterated if the quantity of such substance on or in the product does not render it injurious to health;

  (2) (A) if the product bears or contains, by reason of administration by feeding or by injection of any substance to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive, which, in the judgment of the secretary, may make the product unfit for human food;

  (B) if the product is, in whole or in part, a raw agricultural commodity and bears or contains a pesticide chemical which is unsafe within the meaning of rules and regulations adopted by the secretary;

  (C) if the product bears or contains any food additive which is deemed unsafe in accordance with rules and regulations adopted by the secretary;

  (D) if the product bears or contains any color additive which is deemed unsafe in accordance with rules and regulations adopted by the secretary; or

  (E) any such product which is not adulterated under subsection (l)(2)(B), (l)(2)(C) or (l)(2)(D) shall nevertheless be deemed adulterated if the use of the pesticide chemical, the food additive or the color additive on or in such product is prohibited by rules and regulations of the secretary in establishments at which inspection is maintained under this act;

  (3) if the product consists, in whole or in part, of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food;

  (4) if the product has been prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;

  (5) if the product is, in whole or in part, the product of an animal which has died otherwise than by slaughter;

  (6) if the container for the product is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

  (7) if the product has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to rules and regulations adopted by the secretary;

  (8) (A) if any valuable constituent on or in the product has been, in whole or in part, omitted or abstracted therefrom;

  (B) if any substance has been extracted and substitution made therefor, in whole or in part, or if any damage to, or inferiority of, the product has been concealed in any manner; or

  (C) if any substance has been added to such product, or if any substance has been mixed or packed therewith, so as (i) to increase the bulk or weight of the product (ii) to reduce the quality or strength of the product or (iii) to make the product appear better or of greater value than it is, except that this provision does not apply to any cured or smoked pork product by reason of its containing added water; or

  (9) if the product is a margarine containing animal fat and if any of the raw material used therein consisted, in whole or in part, of any filthy, putrid or decomposed substance. See Kansas Statutes 65-6a18

• Adulterated: means the same as provided in Kan. See Kansas Statutes 65-771
• Advanced recycling: means a manufacturing process where already sorted post-use polymers and recovered feedstocks are purchased and then converted into basic raw materials, feedstocks, chemicals and other products through processes that include, but are not limited to, pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, chemolysis and other similar technologies. See Kansas Statutes 65-3402
• Advanced recycling facility: means a manufacturing facility that:

  (A) Receives, stores and converts post-use polymers and recovered feedstocks that are processed using advanced recycling;

  (B) is a manufacturing facility subject to applicable department of health and environment manufacturing regulations; and

  (C) the department may inspect to ensure that post-use polymers are used as raw material for advanced recycling and are not refuse or solid waste. See Kansas Statutes 65-3402

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Agency: means boards and the state agencies. See Kansas Statutes 72-3404
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. See Kansas Statutes 65-4101
• agricultural use: means use for growing crops or pasture and functions related thereto, and the feeding of livestock by a resident on the land. See Kansas Statutes 65-185
• Air contaminant: means dust, fumes, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof, but not including water vapor or steam condensate. See Kansas Statutes 65-3002
• Air contamination: means the presence in the outdoor atmosphere of one or more air contaminants. See Kansas Statutes 65-3002
• Air gun: means any device which will or is designed to or may be readily converted to, expel a projectile by the release of compressed air or gas, and which is of 0. See Kansas Statutes 72-6131
• Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is, or tends significantly to be, injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property, or would contribute to the formation of regional haze. See Kansas Statutes 65-3002
• Alcohol or other drug addiction: means a pattern of substance use, leading to significant impairment or distress, manifested by three or more of the following occurring at any time in the same 12-month period:

  (1) Tolerance, defined as: (A) A need for markedly increased amounts of the substance to achieve intoxication or desired effect; or (B) a markedly diminished effect with continued use of the same amount of substance;

  (2) withdrawal, as manifested by either of the following: (A) The characteristic withdrawal syndrome for the substance; or (B) the same or a closely related substance is taken to relieve or avoid withdrawal symptoms;

  (3) the substance is often taken in larger amounts or over a longer period than was intended;

  (4) there is a persistent desire or unsuccessful efforts to cut down or control substance use;

  (5) a great deal of time is spent in activities necessary to obtain the substance, use the substance or recover from its effects;

  (6) important social, occupational or recreational activities are given up or reduced because of substance use;

  (7) the substance use is continued despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by the substance. See Kansas Statutes 65-4024a

• All-terrain vehicle: means any motorized nonhighway vehicle, other than an electric-assisted bicycle, that is 55 inches or less in width measured from the outside of one tire rim to the outside of the other tire rim, having a dry weight of 1,500 pounds or less, traveling on three or more nonhighway tires. See Kansas Statutes 8-126
• Allegation: something that someone says happened.
• Alter: means any physical change in, or change in the method of operation of, an air contaminant emission stationary source which increases the amount of any regulated air pollutant emitted by such source or which results in the emission of any regulated air pollutant not previously emitted. See Kansas Statutes 65-3002
• Alternative container: means a receptacle, other than a casket, in which dead human bodies are transported to the crematory and placed in the cremation chamber for cremation. See Kansas Statutes 65-1760
• AMA guides to the evaluation of permanent impairment: means the American medical association's guides to the evaluation of permanent impairment as in effect on March 1, 2006. See Kansas Statutes 60-4901
• Ambulatory surgical center: means an establishment with an organized medical staff of one or more physicians; with permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures; with continuous physician services during surgical procedures and until the patient has recovered from the obvious effects of anesthetic and at all other times with physician services available whenever a patient is in the facility; with continuous registered professional nursing services whenever a patient is in the facility; and which does not provide services or other accommodations for patient to stay more than 24 hours. See Kansas Statutes 65-425
• 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.
• Amortization: Paying off a loan by regular installments.
• Ancillary services: means services ancillary to the basic services provided to an individual in need of in-home care who needs one or more of the basic services, and include the following:

  (1) Homemaker-type services, including but not limited to, shopping, laundry, cleaning and seasonal chores;

  (2) companion-type services including but not limited to, transportation, letter writing, reading mail and escort; and

  (3) assistance with cognitive tasks including, but not limited to, managing finances, planning activities and making decisions. See Kansas Statutes 65-6201

• Animal food manufacturer: means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of livestock, domestic rabbits or poultry. See Kansas Statutes 65-6a18
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antique: means any vehicle, including an antique military vehicle, more than 35 years old, propelled by a motor using petroleum fuel, steam or electricity, or any combination thereof, regardless of the age or type of the components or equipment installed on the vehicle. See Kansas Statutes 8-166
• Antique military vehicle: means a vehicle, regardless of the vehicle's size or weight, that was manufactured for use in any country's military forces and is maintained to represent its military design, except that an antique military vehicle shall not include a fully tracked vehicle. See Kansas Statutes 8-166
• 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.
• Apprentice: means any person licensed by the board to engage in learning the practice of tattooing, cosmetic tattooing or body piercing. See Kansas Statutes 65-1940
• 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
• approved course in mental health technology: means a program of training and study including a basic curriculum that shall be prescribed and approved by the board in accordance with the standards prescribed herein, the successful completion of which shall be required before licensure as a mental health technician, except as hereinafter provided. See Kansas Statutes 65-4202
• Approved school: means any school approved by the state board for the purposes of this act, whether the approval applies to a single school, to all of the schools of a school district or to one or more nonpublic schools. See Kansas Statutes 72-17,132
• Armed nuclear security guard: means a security guard who works at a nuclear generating facility, who is employed as part of the security plan approved by the nuclear regulatory commission and who meets the requirements mandated by the nuclear regulatory commission for carrying a firearm;

  (b) "nuclear generating facility" means an electric power generating facility that is owned by an electric utility or a consortium of electric utilities and that produces electricity by means of a nuclear reactor and includes the property on which the facility is located;

  (c) "electric utility" means every public utility as defined by Kan. See Kansas Statutes 66-2302

• Arrest: Taking physical custody of a person by lawful authority.
• Asbestos: means all minerals defined as asbestos in 29 C. See Kansas Statutes 60-4901
• Asbestos: means that asbestiform varieties of: Chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite. See Kansas Statutes 65-5301
• Asbestos claim: means any claim for damages, losses, indemnification, contribution or other relief arising out of, based on, or in anyway related to inhalation of, exposure to, ingestion of, or contact with asbestos. See Kansas Statutes 60-4901
• Asbestos project: means an activity undertaken to remove or encapsulate friable asbestos containing materials. See Kansas Statutes 65-5301
• Asbestosis: means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos. See Kansas Statutes 60-4901
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistive technology: means any item, piece of equipment or product system, whether acquired commercially, off the shelf, modified or customized, that is used to increase, maintain or improve functional capabilities of individuals with disabilities. See Kansas Statutes 65-7102
• Association: means a non-profit homeowners organization as defined in Kan. See Kansas Statutes 60-4701
• Athletic trainer: means a person licensed under this act. See Kansas Statutes 65-6902
• Athletic training: means the practice of injury prevention, physical evaluation, emergency care and referral or physical reconditioning relating to athletic activity. See Kansas Statutes 65-6902
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attendant care services: means basic and ancillary services provided under home and community based services waiver programs;

  (b) "council" means the home health services advisory council created by this act;

  (c) "home health agency" means a public or private agency or organization or a subdivision or subunit of such agency or organization that provides for a fee one or more home health services, supportive care services or attendant care services provided under home and community based services waiver programs at the residence of a patient but does not include local health departments which are not federally certified home health agencies, durable medical equipment companies which provide home health services by use of specialized equipment, independent living agencies, the Kansas department for aging and disability services and the department of health and environment;

  (d) "home health services" means any of the following services provided at the current residence of the patient on a full-time, part-time or intermittent basis: Nursing, physical therapy, speech therapy, nutritional or dietetic consulting, occupational therapy, respiratory therapy, home health aide or medical social service;

  (e) "home health aide" means an employee of a home health agency who is a certified nurse aide, is in good standing on the public nurse aide registry maintained by the Kansas department for aging and disability services and has completed a 20-hour home health aide course approved by the Kansas department for aging and disability services who assists, under registered nurse supervision, in the provision of home health services and who provides assigned health care to patients but shall not include employees of a home health agency providing only supportive care services or attendant care services;

  (f) "independent living agency" means a public or private agency or organization or a subunit of such agency or organization whose primary function is to provide at least four independent living services, including independent living skills training, advocacy, peer counseling and information and referral as defined by the rehabilitation act of 1973, title VII, part B, and such agency shall be recognized by the secretary for aging and disability services as an independent living agency. See Kansas Statutes 65-5101

• Attendant care services: means those basic and ancillary services which enable an individual in need of in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care and mobility. See Kansas Statutes 65-6201
• Attending physician: means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient. See Kansas Statutes 65-28,102
• Audiologist: means any person who engages in the practice of audiology and who meets the qualifications set forth in this act. See Kansas Statutes 65-6501
• Audiology: means the application of principles, methods and procedures related to hearing and the disorders of hearing and to related language and speech disorders. See Kansas Statutes 65-6501
• Audit trail information: means information produced regarding requests for prescription monitoring program data that the board and advisory committee use to monitor compliance with this act. See Kansas Statutes 65-1682
• Authority: means the Kansas turnpike authority, created by Kan. See Kansas Statutes 68-2001
• Authorized agent: means an employee of the state board of cosmetology designated by the board to enforce this act. See Kansas Statutes 65-1920
• Authorized person: means :

  (1) An employee of a public utility or an employee of a contractor which has been authorized by a public utility to perform construction, operation or maintenance on or near the poles or structures of any utility;

  (2) an employee of a cable television or communication services company or an employee of a contractor authorized to make cable television or communication service attachments; or

  (3) an employee of the state or a county or municipality which has authorized circuit construction, operation or maintenance on or near the poles or structures of a public utility. See Kansas Statutes 66-1710

• Authorizing agent: means a person legally entitled to authorize the cremation and final disposition of specific dead human bodies as defined in Kan. See Kansas Statutes 65-1760
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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.
• 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.
• Basic hearing screening: means a hearing testing program conducted with a calibrated audiometer. See Kansas Statutes 72-6228
• Basic services: shall include , but not be limited to:

  (1) Getting in and out of bed, wheelchair or motor vehicle, or both;

  (2) assistance with routine bodily functions including, but not limited to:

  (A) Health maintenance activities;

  (B) bathing and personal hygiene;

  (C) dressing and grooming; and

  (D) feeding, including preparation and cleanup. See Kansas Statutes 65-6201

• 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.
• Board: means the board of nursing. See Kansas Statutes 65-1113
• Board: means the state board of pharmacy. See Kansas Statutes 65-1682
• Board: means the state board of mortuary arts. See Kansas Statutes 65-1760
• Board: means the Kansas board of barbering;

  (b) "administrative officer" means the administrative officer of the board;

  (c) "license" means a license entitling the person to whom issued to practice barbering, or to operate a barber school, barber college or barber shop;

  (d) "barber shop" means any place, shop or establishment, wherein the practice of barbering is engaged in or carried on;

  (e) "barber school" or "barber college" means any place or establishment wherein the practice, fundamentals, theories or practical applications of barbering are taught;

  (f) "barbering" means any one or any combinations of the following practices (when done upon the upper part of the human body for cosmetic purposes and not for the purpose of diseases or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment, for the public generally, upon male or female): Shaving or trimming the beard or cutting the hair; giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances, singeing, shampooing or dyeing, arranging, perming or waving the hair, or applying tonics; applying cosmetic preparations, antiseptic powders, oils, clays, or lotions to the scalp, face, neck or upper part of the body. See Kansas Statutes 65-1809

• Board: means the state board of cosmetology. See Kansas Statutes 65-1920
• Board: means the state board of healing arts. See Kansas Statutes 65-2001
• Board: means the board of adult care home administrators established by Kan. See Kansas Statutes 65-3501
• Board: means the state board of pharmacy. See Kansas Statutes 65-4101
• Board: means the board of nursing. See Kansas Statutes 65-4202
• Board: means the state board of healing arts. See Kansas Statutes 65-6902
• Board: means the state board of healing arts. See Kansas Statutes 65-7302
• Board: means the board of county commissioners of counties such as defined in subsection (b) hereof;

  (b) "county" means any county in which there is located any land which has been or is to be inundated as a result of the construction of any dam or reservoir by the federal government or in which there is any land which is within the "take line" of any such reservoir, and in which as a result of such construction any county road or bridge has been or is to be abandoned or relocated or is to be constructed or reconstructed on the same or another site or right of way;

  (c) "federal government" shall mean the government of the United States or any agency, department or officer thereof. See Kansas Statutes 68-151m

• Board: means the board of county commissioners. See Kansas Statutes 68-580
• Board: means the board of education of a school district and the governing authority of any nonpublic school offering any of grades kindergarten to 12 in approved schools. See Kansas Statutes 72-17,132
• Board: means the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college. See Kansas Statutes 72-2252
• Board: means the board of education of a school district, the governing authority of any nonpublic school offering any of grades kindergarten through 12 in accredited schools and the board of control of an area vocational-technical school. See Kansas Statutes 72-2408
• Board: shall mean the board of education of any city of the first class operating a retirement system under the provisions of Kan. See Kansas Statutes 72-26,115
• Board: means the board of education of any school district. See Kansas Statutes 72-3404
• Board: means the board of education of any school district. See Kansas Statutes 72-3609
• Board: means the state board of regents. See Kansas Statutes 72-3903
• Board: means the board of education of a school district, the governing authority of any nonpublic school offering any of grades kindergarten through 12 or the board of trustees of any community college. See Kansas Statutes 72-4005
• Board: means the board of education of any school district. See Kansas Statutes 72-4161
• Board member position: means one of the numbered positions used to identify the ten (10) members of the state board of education. See Kansas Statutes 72-244
• board of education: shall mean the board of education of any public school district. See Kansas Statutes 72-2215
• board of education: when used in this act, shall mean any board of education which, prior to the effective date of this act, has established and is operating a retirement system under any of the provisions of Kan. See Kansas Statutes 72-26,123
• Board of education: means the board of education of a unified school district or the governing authority of an accredited nonpublic school. See Kansas Statutes 72-6131
• Board of education: means the board of education of any school district or the governing authority of any accredited nonpublic school. See Kansas Statutes 72-6228
• board of education: means the board of education of any school district. See Kansas Statutes 72-6486
• Board of education: means the board of education of a school district and the governing authority of any accredited nonpublic school. See Kansas Statutes 72-7117
• Board of trustees: means the governing body of a community college. See Kansas Statutes 71-701
• board of trustees: means the governing body of a community college. See Kansas Statutes 71-1402
• Board-certified: means the physician is currently certified by one of the medical specialty boards approved by either the American board of medical specialties or the American osteopathic board of osteopathic specialties. See Kansas Statutes 60-4901
• Board-certified internist: means a physician who is board-certified in the specialty of internal medicine. See Kansas Statutes 60-4901
• Board-certified pathologist: means a physician who is board-certified in the specialty of pathology. See Kansas Statutes 60-4901
• Board-certified radiologist: means a physician who is board-certified in the specialty of radiology. See Kansas Statutes 60-4901
• Body piercer: means a person engaged in the practice of body piercing pursuant to this act. See Kansas Statutes 65-1940
• Body piercing: means puncturing the skin of a person by aid of needles designed or used to puncture the skin for the purpose of inserting removable jewelry through the human body, except puncturing the external part of the human earlobe shall not be included in this definition. See Kansas Statutes 65-1940
• Body piercing establishment: means any room space, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted. See Kansas Statutes 65-1940
• Bonds: means any bonds, notes or other evidences of indebtedness, including book-entry-only, whether or not the interest on such bonds is subject to federal income taxation, issued pursuant to the authority of this act. See Kansas Statutes 68-2319
• Book-entry-only: means a system of electronic clearance, settlement and transfer of security ownership without the use of securities certificates. See Kansas Statutes 68-2319
• Broadband: means the transmission of digital signals at rates equal to or greater than 1. See Kansas Statutes 66-1,187
• Broker: means any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission, or otherwise negotiating purchases or sales of such articles other than for the person's own account or as an employee of another person. See Kansas Statutes 65-6a18
• Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
• Buffalo: means the American buffalo or bison (Bos, Bison bison or Bison americanus). See Kansas Statutes 65-6a18
• Bulk milk pick up tanker: means a vehicle, including the truck, tank and those appurtenances necessary for such vehicle's use, used by a bulk milk hauler or sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station or transfer station. See Kansas Statutes 65-771
• Bureau: means the bureau of narcotics and dangerous drugs, United States department of justice, or its successor agency. See Kansas Statutes 65-4101
• Bus: means every motor vehicle, as defined in Kan. See Kansas Statutes 72-6486
• Business area: means any part of an adjacent area, except areas adjacent to scenic byways, designated by the secretary of transportation, which is:

  (1) Zoned for industrial or commercial activities under the authority of any law or by a local zoning authority; or

  (2) an unzoned commercial or industrial area as herein defined. See Kansas Statutes 68-2232

• Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Kansas Statutes 65-5301
• Campus: means all or part of the buildings and facilities of a community college. See Kansas Statutes 71-1402
• Capable of use as human food: means any carcass, or part or product of a carcass, of any animal unless it is denatured or otherwise identified as required by regulations adopted by the secretary to deter its use as human food or it is naturally inedible by humans. See Kansas Statutes 65-6a18
• Car carrier: means any vehicle specifically designed to transport wrecked, disabled or otherwise inoperable vehicles. See Kansas Statutes 66-1329
• Cardiopulmonary resuscitation: means chest compressions, assisted ventilations, intubation, defibrillation, administration of cardiotonic medications or other medical procedure which is intended to restart breathing or heart functioning;

  (b) "do not resuscitate" directive or "DNR directive" means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of this act;

  (c) "do not resuscitate order" or "DNR order" means instruction by the physician or physician assistant who is responsible for the care of the patient while admitted to a medical care facility licensed pursuant to Kan. See Kansas Statutes 65-4941

• CELR: means a certificate issued by the department that releases the purchaser from environmental liability for contamination existing at the time of issuance of the CELR on a property from actions taken by the bureau of environmental remediation under Kan. See Kansas Statutes 65-34,178
• Certificate: shall mean a certificate of competency issued by the secretary stating that the operator has met the requirements for the specified operator classification of the certification program. See Kansas Statutes 65-4501
• Certification: means the process by which a nongovernmental agency or association or the federal government grants recognition to an individual who has met certain predetermined qualifications specified by the nongovernmental agency or association or the federal government. See Kansas Statutes 65-5001
• Certified territory: means an electric service territory certified to a retail electric supplier pursuant to this act. See Kansas Statutes 66-1,170
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief administrative officer of a school: means , in the case of a public school, the superintendent of schools and, in the case of an accredited nonpublic school, the person designated as chief administrative officer by the governing authority of the school. See Kansas Statutes 72-6131
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child care facility: means :

  (1) A facility maintained by a person who has control or custody of one or more children under 16 years of age, unattended by parent or guardian, for the purpose of providing the children with food or lodging, or both, except children in the custody of the secretary for children and families who are placed with a prospective adoptive family pursuant to the provisions of an adoptive placement agreement or who are related to the person by blood, marriage or legal adoption;

  (2) a children's home, orphanage, maternity home, day care facility or other facility of a type determined by the secretary to require regulation under the provisions of this act;

  (3) a child placement agency or child care resource and referral agency, or a facility maintained by such an agency for the purpose of caring for children under 16 years of age; or

  (4) any receiving or detention home for children under 16 years of age provided or maintained by, or receiving aid from, any city or county or the state. See Kansas Statutes 65-503

• Child care resource and referral agency: means a business or service conducted, maintained or operated by a person engaged in providing resource and referral services, including information of specific services provided by child care facilities, to assist parents to find child care. See Kansas Statutes 65-503
• Child placement agency: means a business or service conducted, maintained or operated by a person engaged in finding homes for children by placing or arranging for the placement of such children for adoption or foster care. See Kansas Statutes 65-503
• child with special health care needs: means a person under 21 years of age who has an organic disease, defect or condition which may hinder the achievement of normal physical growth and development. See Kansas Statutes 65-5a01
• Children with disabilities: means children who:

  (1) Have an intellectual disability, hearing loss including deafness, speech or language disorders, visual impairments including blindness, emotional disability, orthopedic impairments, autism, dyslexia, traumatic brain injury, other health impairments, or specific learning disabilities and who, by reason thereof, need special education and related services; and

  (2) are experiencing one or more developmental delays and, by reason thereof, need special education and related services if such children are ages three through nine. See Kansas Statutes 72-3404

• Chlorinated drycleaning solvent: means any drycleaning solvent which contains a compound which has a molecular structure containing the element chlorine. See Kansas Statutes 65-34,142
• Civil action: means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. See Kansas Statutes 60-4901
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Claimant: means a homeowner, including a subsequent purchaser, or association who asserts a claim against a contractor concerning a defect in the construction or in the remodel of a dwelling. See Kansas Statutes 60-4701
• Clean rubble: means the following types of construction and demolition waste: Concrete and concrete products including reinforcing steel, asphalt pavement, brick, rock and uncontaminated soil as defined in rules and regulations adopted by the secretary. See Kansas Statutes 65-3402
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Closing: means the time at which a nuclear power generating facility ceases to generate electricity and is retired from active service. See Kansas Statutes 66-128l
• Closure: means the permanent cessation of active disposal operations, abandonment of the disposal area, revocation of the permit or filling with waste of all areas and volume specified in the permit and preparing the area for the long-term care. See Kansas Statutes 65-3402
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Collector: means the owner of one or more special interest vehicles, street rod vehicles or military surplus vehicles who acquires, collects, purchases, trades or disposes of such vehicles or parts therefor for such person's own use in order to restore, preserve and maintain such vehicle or vehicles for historic interest. See Kansas Statutes 8-194
• college district: means the taxing district and territory of a community college. See Kansas Statutes 71-1402
• Commission: means the state emergency response commission created by Kan. See Kansas Statutes 65-5702
• Commission: means the state corporation commission. See Kansas Statutes 66-101a
• Commission: shall mean the secretary of transportation. See Kansas Statutes 68-2302
• Commissioner: means the commissioner of education created by section 4 of article 6 of the constitution and provided for by Kan. See Kansas Statutes 72-244
• Committee: means the Kansas citizens committee on alcohol and other drug abuse. See Kansas Statutes 65-4024a
• Common carrier: means any common carrier, as defined in Kan. See Kansas Statutes 66-1,215
• common carriers: shall include all freight-line companies, equipment companies, pipe-line companies, and all persons and associations of persons, whether incorporated or not, operating such agencies for public use in the conveyance of persons or property within this state. See Kansas Statutes 66-105
• 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.
• Community college: means a public community college established under the provisions of this act. See Kansas Statutes 71-701
• Community college: means a community college established under the community college act. See Kansas Statutes 71-1402
• Community nursing care: means community nursing and related care of the ill and disabled rendered in a home or in a clinic. See Kansas Statutes 65-220
• Community-based organization: means any nonprofit or charitable association that is approved by the institute to implement the individual development account reserve fund. See Kansas Statutes 65-7102
• compensation: means the same as provided in Kan. See Kansas Statutes 72-2624
• Competent medical authority: means a physician who is medically competent to provide a diagnosis for purposes of constituting prima facie evidence of an exposed person's physical impairment that meets the requirements specified in Kan. See Kansas Statutes 60-4901
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Composting facility: means any facility that composts wastes and has a composting area larger than one-half acre. See Kansas Statutes 65-3402
• Comprehensive zoning: means zoning by local zoning authorities of each parcel of land under the jurisdiction of the local zoning authority placed in a zoning classification pursuant to a comprehensive plan or reserved for future classification. See Kansas Statutes 68-2232
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Confidential data: means any data which permits the identification of individuals. See Kansas Statutes 65-1,168
• 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
• Consideration: means :

  (A) Any payment made or debt incurred;

  (B) any gift, honorarium or recognition of value bestowed;

  (C) any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed;

  (D) any loan or debt which is canceled or otherwise forgiven; or

  (E) the transfer of any item from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge. See Kansas Statutes 65-67a01

• Construction and demolition landfill: means a permitted solid waste disposal area used exclusively for the disposal on land of construction and demolition wastes. See Kansas Statutes 65-3402
• Construction and demolition waste: means solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities; untreated wood and untreated sawdust from any source; treated wood from construction or demolition projects; small amounts of municipal solid waste generated by the consumption of food and drinks at construction or demolition sites, including, but not limited to, cups, bags and bottles; furniture and appliances from which ozone depleting chlorofluorocarbons have been removed in accordance with the provisions of the federal clean air act; solid waste consisting of motor vehicle window glass; and solid waste consisting of vegetation from land clearing and grubbing, utility maintenance, and seasonal or storm-related cleanup. See Kansas Statutes 65-3402
• Construction related packaging: means small quantities of packaging wastes that are generated in the construction, remodeling or repair of structures and related appurtenances. See Kansas Statutes 65-3402
• Contaminant: means such alteration of the physical, chemical or biological properties of any soils and waters of the state as will or is likely to create a nuisance or render such soils or waters potentially harmful, or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state. See Kansas Statutes 65-34,162
• Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing nursing education: means learning experiences intended to build upon the educational and experiential bases of the registered professional and licensed practical nurse for the enhancement of practice, education, administration, research or theory development to the end of improving the health of the public. See Kansas Statutes 65-1113
• Contraband: means any property the possession of which is illegal. See Kansas Statutes 60-4102
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means a person, partnership, corporation, local government, county government, county treasurer or other state agency that has contracted with the department to provide services associated with vehicle functions. See Kansas Statutes 8-126
• Contractor: means any person, firm, partnership, corporation, association or other organization that is engaged in the business of constructing dwellings. See Kansas Statutes 60-4701
• controlled access facility: means a highway, road or street especially designed to expedite and control through and local traffic, and over, from or to which highway, road or street, owners or occupants of abutting property shall have only a controlled right or easement of access, light, air or view. See Kansas Statutes 68-1901
• controlled area: means an area which is adjacent to the right-of-way on any interstate or primary highway and is visible from the main traveled way. See Kansas Statutes 68-2232
• Controlled substance: means any drug, substance or immediate precursor included in any of the schedules designated in Kan. See Kansas Statutes 65-4101
• Conveyance: includes any vehicle, trailer, vessel, aircraft or other means of transportation. See Kansas Statutes 60-4102
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative agreement: means an agreement among two or more health care providers for the sharing, allocation or referral of patients, personnel, instructional programs, support services and facilities, or medical, diagnostic or laboratory facilities or procedures or other services traditionally offered by health care providers. See Kansas Statutes 65-4956
• 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.
• Corrective action: means those activities described in subsection (a) of Kan. See Kansas Statutes 65-34,142
• Corrective action plan: means a plan approved by the secretary to perform corrective action at a drycleaning facility. See Kansas Statutes 65-34,142
• Cosmetic tattooing: means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin, by use of a needle, so as to form indelible marks for cosmetic or figurative purposes. See Kansas Statutes 65-1940
• counsel: means any person a pupil selects to represent and advise the pupil at all proceedings conducted pursuant to the provisions of this act; and

  (h) "principal witness" means any witness whose testimony is of major importance in support of the charges upon which a proposed suspension or expulsion from school is based, or in determination of material questions of fact. See Kansas Statutes 72-6121

• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: means any county. See Kansas Statutes 68-580
• county election officer: means the election commissioner of the county in which the community college is located, or the county clerk in counties not having an election commissioner. See Kansas Statutes 71-1402
• County health department: means county health department established pursuant to Kan. See Kansas Statutes 65-220
• covered facility: includes a center approved by the centers for medicare and medicaid services as a program for all-inclusive case for the elderly (PACE) under 42 C. See Kansas Statutes 60-5502
• credentialed: means the formal recognition of professional or technical competence through the process of registration, licensure or other statutory regulation. See Kansas Statutes 65-5001
• Cremated remains: means all human remains recovered after the completion of the cremation of a dead human body, which may possibly include the residue of any foreign matter including casket material, bridgework or eyeglasses, that was cremated with the dead human body. See Kansas Statutes 65-1760
• Cremation: means the mechanical and/or other dissolution process that reduces human remains to bone fragments. See Kansas Statutes 65-1760
• Cremation chamber: means the enclosed space within which the cremation of a dead human body is performed. See Kansas Statutes 65-1760
• Crematory: means a business premises that houses the cremation chamber and holding facility where dead human bodies are cremated. See Kansas Statutes 65-1760
• Crematory operator: means a person who is engaged in, conducting or holding oneself out as engaged in or conducting, the business of cremation. See Kansas Statutes 65-1760
• Crematory operator in charge: means the licensed crematory operator who is responsible to ensure that the crematory's license is current and that the licensed crematory is in compliance with the laws and regulations of this state. See Kansas Statutes 65-1760
• Critical access hospital: means the same as defined in Kan. See Kansas Statutes 65-425
• Customer: means the person in whose name a utility service is provided. See Kansas Statutes 66-1601
• Dairy manufacturing plants: means any place where dairy products, grade A milk or milk products are manufactured or prepared for sale or distribution, either at wholesale or retail. See Kansas Statutes 65-771
• Dairy products: includes butter, cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated milk, whole or skim, condensed whole milk, condensed skim milk, sweetened or plain, frozen dairy dessert, and frozen dairy dessert mixes and such other products as may be otherwise designated by rules and regulations. See Kansas Statutes 65-771
• Damage: means any impact or contact with an underground facility, its appurtenances or its protective coating, or any weakening of the support for the facility or protective housing that requires repair. See Kansas Statutes 66-1802
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dangerous caustic or corrosive substance: means each and all of the acids, alkalis, and substances named below: (a) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten percentum or more; (b) sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of ten percentum or more; (c) nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percentum or more; (d) carbolic acid (C6H5CH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five percentum or more; (e) oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of ten percentum or more; (f) any salt of oxalic acid and any preparation containing any such salt in a concentration of ten percentum or more; (g) acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of twenty percentum or more; (h) hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten percentum or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime; (i) potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of ten percentum or more; (j) sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of ten percentum or more; (k) silver nitrate sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five percentum or more; and (l) ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and "Hartshorn" in a concentration of five percentum or more. See Kansas Statutes 65-643
• Day care facility: means a child care facility that includes a day care home, preschool, child care center, school-age program or other facility of a type determined by the secretary to require regulation under the provisions of Kan. See Kansas Statutes 65-503
• DEA: means the U. See Kansas Statutes 65-4101
• Dead body: means a lifeless human body or such parts of a human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred. See Kansas Statutes 65-2401
• Dead human body: means a lifeless human body or such parts of a human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred. See Kansas Statutes 65-1760
• Decedent: A deceased person.
• Declaration: means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of Kan. See Kansas Statutes 65-28,102
• Decommissioning: means the series of activities undertaken beginning at the time of closing of a nuclear power generating facility to ensure that the final disposition of the site or any radioactive components or material, but not including spent fuel, associated with the facility is accomplished safely, in compliance with all applicable state and federal laws. See Kansas Statutes 66-128l
• Decommissioning costs: means : (1) All reasonable costs and expenses of removing a nuclear power generating facility from service, including, without limitation, dismantling, mothballing, removing radioactive waste material, except spent fuel, to temporary or permanent storage sites, decontaminating, restoring and supervising the site and any costs and expenses incurred in connection with proceedings before governmental regulatory authorities relating to the authorization to decommission the facility; (2) all costs of labor and services performed or rendered in connection with the decommissioning of the facility and all costs of materials, supplies, machinery, construction equipment and apparatus acquired for or in connection with the decommissioning of the facility. See Kansas Statutes 66-128l
• deductions: means the amounts withheld, as provided in this act, from warrants issued in payment for school services;

  (o) "actuarial computation" means computation in accordance with some standard actuarial table. See Kansas Statutes 72-2624

• 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
• defect: means a deficiency in, or a deficiency arising out of the specifications, planning, supervision or construction of residential improvements that results from any of the following:

  (1) Defective material, products or components used in the construction of residential improvements. See Kansas Statutes 60-4701

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delegate: means :

  (1) A registered nurse, licensed practical nurse, respiratory therapist, emergency medical responder, paramedic, dental hygienist, pharmacy technician or pharmacy intern who has registered for access to the program database as an agent of a practitioner or pharmacist to request program data on behalf of the practitioner or pharmacist;

  (2) a death investigator who has registered for limited access to the program database as an agent of a medical examiner, coroner or another person authorized under law to investigate or determine causes of death; or

  (3) an individual authorized to access the program database by the board in rules and regulations. See Kansas Statutes 65-1682

• delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Kansas Statutes 65-4101
• Delivery service: means a common carrier as defined by Kan. See Kansas Statutes 65-67a01
• Dental franchisor: means any person or entity, pursuant to a written agreement, who provides a licensed dentist any dental practice management consulting services, which may include marketing or advertising services, signage or branding consulting, or places in possession of a licensed dentist such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation. See Kansas Statutes 65-1424
• Department: means the department of health and environment. See Kansas Statutes 65-1,175
• Department: means the department of health and environment. See Kansas Statutes 65-1940
• Department: means the department of health and environment. See Kansas Statutes 65-3402
• Department: means the Kansas department for aging and disability services. See Kansas Statutes 65-4024a
• Department: shall mean the department of health and environment. See Kansas Statutes 65-4501
• Department: means the Kansas department of transportation. See Kansas Statutes 68-2232
• Department: means the state department of education. See Kansas Statutes 72-3404
• Department: means the state department of education. See Kansas Statutes 72-3609
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated city: means a city or group of cities that, through interlocal agreement with the county in which they are located, is delegated the responsibility for preparation, adoption or implementation of the county solid waste plan. See Kansas Statutes 65-3402
• Developer: means a person or persons who subdivide, plat and sell lots or tracts. See Kansas Statutes 65-185
• Devise: To gift property by will.
• Director: means the executive director of the board. See Kansas Statutes 65-1940
• Disability annuity: shall mean a school annuity granted to a school employee who suffers such physical or mental disability as to be unable to perform school service. See Kansas Statutes 72-2670
• disabled citizens organization: means any nonprofit corporation duly authorized to operate in this state for the purpose of training the physically handicapped citizens to become self-supporting and which assists such persons by conducting drivers training courses for the operation of motor vehicles. See Kansas Statutes 8-161a
• Disabled person: includes incapacitated persons and incompetent persons as defined herein. See Kansas Statutes 77-201
• disabled veteran: means a person who has served in the armed forces of the United States and who is entitled to compensation for a service-connected disability of at least 50% and the laws administered by the veterans administration or who is entitled to compensation for the loss, or permanent loss of use, of one or both feet or one or both hands, or for permanent visual impairment of both eyes to a prescribed degree. See Kansas Statutes 8-160
• Discharge: means and includes leakage, seepage or other release. See Kansas Statutes 65-3471
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disinfecting or cleaning supplies: includes , but is not limited to, hand sanitizers, disinfectants, sprays and wipes. See Kansas Statutes 60-5502
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling or compounding necessary to prepare the substance for that delivery, or pursuant to the prescription of a mid-level practitioner. See Kansas Statutes 65-4101
• Dispenser: means a practitioner, pharmacy or pharmacist who delivers a scheduled substance or drug of concern to an ultimate user, but does not include:

  (1) A licensed hospital pharmacy that distributes such substances for the purpose of inpatient hospital care;

  (2) a medical care facility as defined in Kan. See Kansas Statutes 65-1682

• Dispenser: means a practitioner or pharmacist who dispenses, or a physician assistant who has authority to dispense prescription-only drugs in accordance with Kan. See Kansas Statutes 65-4101
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water. See Kansas Statutes 65-3402
• Distribute: means to deliver other than by administering or dispensing a controlled substance. See Kansas Statutes 65-4101
• Distribution line: means an electric line used to furnish retail electric service, including any line from a distribution substation to an electric consuming facility; but such term does not include a transmission facility used for the bulk transfer of energy even if such energy is reduced in voltage and used as station power. See Kansas Statutes 66-1,170
• Distributor: means a person who distributes. See Kansas Statutes 65-4101
• District: means any school district except a community junior college;

  (b) "Board" and "board of education" mean the board of education or other governing body of a district;

  (c) "Receiving district" means a school district receiving territory by transfer thereof from another school district;

  (d) "Giving district" means a school district from which school territory is transferred to another school district;

  (e) "State board" means the state board of education created by article 6 of the constitution of Kansas. See Kansas Statutes 72-521

• District method: means a six-district method, a three-district method, or a two-district method. See Kansas Statutes 71-1402
• Division: means the division of vehicles of the department of revenue. See Kansas Statutes 8-126
• Division: means the division of vehicles of the department of revenue. See Kansas Statutes 72-4005
• DNR identifier: means a medallion or bracelet designed to be worn by a patient which has been inscribed to identify the patient and contains the letters "DNR" or the statement "do not resuscitate" when such DNR identifier is distributed by an entity certified by the emergency medical services board;

  (f) "physician" means a person licensed to practice medicine and surgery by the state board of healing arts;

  (g) "physician assistant" means a person licensed by the state board of healing arts to practice as a physician assistant; and

  (h) "declarant" means any person who has executed a "do not resuscitate" directive in accordance with the provisions of this act. See Kansas Statutes 65-4941

• Docket: A log containing brief entries of court proceedings.
• Domestic animal: means a cow, swine, sheep, goat, domesticated deer, llama, poultry, rabbit, horse, pony, mule, jenny, donkey, hinny, bison, camels, giraffes or any creature of the ratite family, including but not limited to, an ostrich, emu or rhea. See Kansas Statutes 60-4001
• Domestic animal activity: means , but is not limited to:

  (1) Shows, fairs, competitions, performances or parades that involve any or all breeds of domestic animals and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, English and western performance riding, trail riding, endurance trail riding and western games, and hunting;

  (2) domestic animal training or teaching activities or both;

  (3) boarding domestic animals;

  (4) riding, inspecting or evaluating domestic animals belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the domestic animals or is permitting a prospective purchaser of the domestic animals to ride, inspect or evaluate the domestic animals;

  (5) rides, trips, hunts or other domestic animal activities of any type however informal or impromptu that are sponsored by a domestic animal activity sponsor; and

  (6) hoofcare and placing or replacing shoes on a domestic animal. See Kansas Statutes 60-4001

• Domestic animal activity sponsor: means an individual, group, club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for, a domestic animal activity, including but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, trail rides, racetrack, school and college-sponsored classes, programs and activities, therapeutic riding programs, breeding farms, training farms and operators, instructors, and promoters of domestic animal facilities, including, but not limited to, stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held. See Kansas Statutes 60-4001
• Domestic animal professional: means an individual, partnership or corporation and such individual or entities' employees engaged in a domestic animal activity for compensation:

  (1) In instructing a participant or renting to a participant a domestic animal for the purpose of riding, driving or being a passenger upon the domestic animal, or a passenger in or on a vehicle pulled or pushed by a domestic animal; or

  (2) in renting equipment or tack to a participant. See Kansas Statutes 60-4001

• Domesticated deer: means any member of the family cervidae which was legally obtained and is being sold or raised in a confined area for breeding stock; for any carcass, skin or part of such animal; for exhibition; or for companionship. See Kansas Statutes 65-6a18
• Donor: The person who makes a gift.
• Driver training motor vehicle: means an automobile or motorcycle acquired by a board pursuant to an agreement with a motor vehicle manufacturer or dealer for use in driver training courses; but does not include within its meaning any motor vehicle which is rented, leased, or owned by any school district, nonpublic school or community college. See Kansas Statutes 72-4005
• Drug: means substances:

  (A) Recognized as drugs in the official United States pharmacopeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them;

  (B) intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in human or animals;

  (C) other than food intended to affect the structure or any function of the body of human or animals; and

  (D) intended for use as a component of any article specified in subparagraph (A), (B) or (C). See Kansas Statutes 65-4101

• Drug of concern: means any drug that demonstrates a potential for abuse and is designated as a drug of concern in rules and regulations promulgated by the board. See Kansas Statutes 65-1682
• Drycleaning facility: means a commercial establishment that operates, or has operated in the past, in whole or in part for the purpose of cleaning garments or other fabrics utilizing a process that involves any use of drycleaning solvents. See Kansas Statutes 65-34,142
• Drycleaning solvent: means any and all nonaqueous solvents used or to be used in the cleaning of garments and other fabrics at a drycleaning facility and includes but is not limited to perchloroethylene, also known as tetrachloroethylene, and petroleum-based solvents, and the products into which such solvents degrade. See Kansas Statutes 65-34,142
• Drycleaning unit: means a machine or device which utilizes drycleaning solvents to clean garments and other fabrics and includes any associated piping and ancillary equipment and any containment system. See Kansas Statutes 65-34,142
• Dwelling: means a single-family house, duplex or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. See Kansas Statutes 60-4701
• early retirement incentive program: is a program that provides cash payments, either in the form of a lump-sum payment at the beginning of the fiscal year, or in regular payments during the fiscal year. See Kansas Statutes 71-212
• early retirement incentive program: is a program that provides cash payments, either in the form of a lump-sum payment at the beginning of the fiscal year, or in regular payments during the fiscal year. See Kansas Statutes 72-2291
• Education advocate: means a person appointed by the state board in accordance with the provisions of Kan. See Kansas Statutes 72-3404
• Election at large: means an election of trustees at which all electors of a community college district vote on all candidates. See Kansas Statutes 71-1402
• Election-at-large method: means an election at large of trustees of a community college without a division of the college district into member districts. See Kansas Statutes 71-1402
• Electric consuming facility: means any entity which utilizes electric energy from a central station service. See Kansas Statutes 66-1,170
• Electric public utility: means any public utility, as defined in Kan. See Kansas Statutes 66-101a
• Electric public utility: means the same as such term is defined in Kan. See Kansas Statutes 66-1802
• Electric transmission lines: means any line or extension of a line which is at least five (5) miles in length and which is used for the bulk transfer of two hundred thirty (230) kilovolts or more of electricity;

  (c) "Commission" means the state corporation commission. See Kansas Statutes 66-1,177

• Electric utility: means every public utility, as defined by Kan. See Kansas Statutes 66-128l
• Electric vehicle: means a vehicle that is powered by an electric motor drawing current from rechargeable storage batteries or other portable electrical energy storage devices, provided the recharge energy must be drawn from a source off the vehicle, such as, but not limited to:

  (1) Residential electric service;

  (2) an electric vehicle charging station, also called an EV charging station, an electric recharging point, a charging point, electric vehicle supply equipment (EVSE) or a public charging station. See Kansas Statutes 8-126

• Electric-assisted bicycle: means the same as defined in Kan. See Kansas Statutes 8-126
• Electric-assisted scooter: means every self-propelled vehicle, other than an electric-assisted bicycle, that has at least two wheels in contact with the ground, an electric motor, handlebars, a brake and a deck that is designed to be stood upon when riding. See Kansas Statutes 8-126
• Electronic certificate of title: means any electronic record of ownership, including any lien or liens that may be recorded, retained by the division in accordance with Kan. See Kansas Statutes 8-126
• Electronic prescription: means an electronically prepared prescription that is authorized and transmitted from the prescriber to the pharmacy by means of electronic transmission. See Kansas Statutes 65-4101
• Electronic prescription application: means software that is used to create electronic prescriptions and that is intended to be installed on the prescriber's computers and servers where access and records are controlled by the prescriber. See Kansas Statutes 65-4101
• Electronic transmission: means the transmission of an electronic prescription, formatted as an electronic data file, from a prescriber's electronic prescription application to a pharmacy's computer, where the data file is imported into the pharmacy prescription application. See Kansas Statutes 65-4101
• Electronically prepared prescription: means a prescription that is generated using an electronic prescription application. See Kansas Statutes 65-4101
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means any condition constituting a clear and present danger to life, health or property, or a customer service outage. See Kansas Statutes 66-1802
• Emission: means a release into the outdoor atmosphere of air contaminants. See Kansas Statutes 65-3002
• Emotional disability: means the same as the term "emotional disturbance" is used in public law 101-476, the individuals with disabilities education act. See Kansas Statutes 72-3404
• Employee: means an individual who performs labor or provides construction services pursuant to a construction contract as defined in Kan. See Kansas Statutes 60-4901
• Employees: means all licensed employees of school districts and of nonpublic schools and all instructional and administrative employees of area vocational-technical schools. See Kansas Statutes 72-2408
• En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
• Engages in a domestic animal activity: means riding, training, boarding, loading, hauling, breeding, racing, providing or assisting in medical treatment of, driving, or being a passenger upon a domestic animal or in or on a vehicle pulled or pushed by a domestic animal, whether mounted or unmounted or any person assisting a participant or show management. See Kansas Statutes 60-4001
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Environmental use control: means an institutional or administrative control, a restriction, prohibition or control of one or more uses of, or activities on, a specific property, as requested by the property owner at the time of issuance, to ensure future protection of public health and the environment when environmental contamination which exceeds department standards for unrestricted use remains on the property following the appropriate assessment and/or remedial activities as directed by the department pursuant to the secretary's authority. See Kansas Statutes 65-1,222
• 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}
• Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign structure. See Kansas Statutes 68-2232
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Established safety standard: means , that for the years after 1971, the concentration of silica or mixed dust in the breathing zone of the workers does not exceed the maximum allowable exposure limits for the eight-hour-time weighted average airborne concentration as promulgated by the occupational safety and health administration (OSHA) in effect at the time of the alleged exposure. See Kansas Statutes 60-4901
• Evaluation: means a multisourced and multidisciplinary examination, conducted in accordance with the provisions of Kan. See Kansas Statutes 72-3404
• 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.
• Excavation: means any operation in which earth, rock or other material below the surface is moved or otherwise displaced by any means, except tilling the soil for normal agricultural purposes, or railroad or road and ditch maintenance that does not change the existing railroad grade, road grade and/or ditch flowline, or operations related to exploration and production of crude oil or natural gas, or both. See Kansas Statutes 66-1802
• Excavator: means any person who engages directly in excavation activities within the state of Kansas, but shall not include any occupant of a dwelling who: (1) Uses such dwelling as a primary residence; and (2) excavates on the premises of such dwelling. See Kansas Statutes 66-1802
• Exceptional children: means persons who are children with disabilities or gifted children and are school age, to be determined in accordance with rules and regulations adopted by the state board, whose age may differ from the ages of children required to attend school under the provisions of Kan. See Kansas Statutes 72-3404
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Existing nuclear generation facility: means a nuclear generation facility which is in existence on January 1, 2007. See Kansas Statutes 66-1,158
• Exposed person: means a person whose exposure to:

  (1) Silica is the basis for a silica claim; or

  (2) asbestos is the basis for an asbestos claim. See Kansas Statutes 60-4901

• Facilitate: means any act or omission broadly construed to encompass any use or intended use of property which makes an act giving rise to forfeiture less difficult and laborious. See Kansas Statutes 60-4102
• Facility: means any building, structure, machine, equipment, device or installation (or group of buildings, structures, machines, equipment, devices or installations), whether temporary or permanent, located on one or more contiguous or adjacent properties and under common control of the same person (or persons under common control). See Kansas Statutes 65-3002
• Facility: means any sanitary sewer or underground line, system or structure used for transporting, gathering, storing, conveying, transmitting or distributing potable water, gas, electricity, communication, crude oil, refined or processed petroleum, petroleum products or hazardous liquids. See Kansas Statutes 66-1802
• Fact-finding: means the investigation by an individual or board of a dispute concerning terms and conditions of professional service which arose in the course of professional negotiation, and the submission of a report by such individual or board to the parties to such dispute which includes a determination of the issues involved, findings of fact regarding such issues, and the recommendation of the fact-finding individual or board for resolution of the dispute. See Kansas Statutes 72-2218
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Farm tractor: means every motor vehicle designed and used as a farm implement power unit operated with or without other attached farm implements in any manner consistent with the structural design of such power unit. See Kansas Statutes 8-126
• Farm trailer: means every trailer and semitrailer as those terms are defined in this section, designed and used primarily as a farm vehicle. See Kansas Statutes 8-126
• federal act: means titles VI and XVI of the United States public health service act (42 U. See Kansas Statutes 65-411
• Federal act: means the federal emergency planning and community right-to-know act of 1986 (Title III, P. See Kansas Statutes 65-5702
• Federal act: means the federal telecommunications act of 1996, P. See Kansas Statutes 66-1,187
• federal government: shall mean the government of the United States or any agency, department or officer thereof. See Kansas Statutes 68-151m
• Federal law: means the individuals with disabilities education act, as amended. See Kansas Statutes 72-3404
• Federal law: means the individuals with disabilities education act, section 504 of the rehabilitation act, the gun-free schools act of 1994, and regulations adopted pursuant to such acts. See Kansas Statutes 72-6131
• Federal meat inspection act: means the act so entitled, approved March 4, 1907, (21 U. See Kansas Statutes 65-6a18
• Federal poverty level: means the most recent poverty income guidelines published in the calendar year by the United States department of health and human services. See Kansas Statutes 65-7102
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• federal reservoir: means any reservoir authorized or constructed and operated by any agency of the federal government. See Kansas Statutes 65-185
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fetal tissue: means any tissue, cells or organs obtained from a dead human embryo or fetus after an abortion or after a stillbirth. See Kansas Statutes 65-67a01
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means any bank, trust company, savings bank, credit union or savings and loan association or any other financial institution regulated by the state of Kansas, any agency of the United States or other state with an office in Kansas which is approved by the institute to create and manage the necessary financial instruments setting up individual development accounts for eligible families or individuals to implement this program. See Kansas Statutes 65-7102
• 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.
• Fixed glazed panels immediately adjacent to: means the first, fixed glazed panel on either or both sides of the door, not more than forty-eight (48) inches or less than eighteen (18) inches in width, but shall not include any glass panel more than eighteen (18) inches above the floor. See Kansas Statutes 65-3801
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• flour: includes and shall be limited to the foods defined as (1) flour, white flour, wheat flour, plain flour, (2) bromated flour, (3) self-rising flour, self-rising white flour, self-rising wheat flour, and (4) phosphated flour, phosphated white flour, and phosphated wheat flour but excludes whole wheat flour and also excludes special flours not used for bread, roll, bun or biscuit baking, such as specialty cake, pancake and pastry flours in the definitions and standards of identity and quality adopted and published by the secretary of health and environment under the authority vested in the secretary by the Kansas food, drug and cosmetic act. See Kansas Statutes 65-2301
• Food service programs: means the programs included in the state plan of child nutrition operations under which federal funds and commodities are received pursuant to federal acts relating to child nutrition including the national school lunch act, as amended, and the child nutrition act of 1966, as amended. See Kansas Statutes 72-17,132
• 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 vehicle: means every motor vehicle, trailer, or semitrailer that shall be brought into this state otherwise than in ordinary course of business by or through a manufacturer or dealer and has not been registered in this state. See Kansas Statutes 8-126
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Free appropriate public education: means special education and related services that:

  (1) Are provided at public expense, under public supervision and direction, and without charge;

  (2) meet the standards of the state board;

  (3) include an appropriate preschool, elementary or secondary school education; and

  (4) are provided in conformity with an individualized education program. See Kansas Statutes 72-3404

• Freeway: means any primary highway which is a divided arterial highway with four or more lanes available for through traffic with full control of access and grade separation at intersections. See Kansas Statutes 68-2232
• Frozen dairy dessert: means products containing milk or cream and other ingredients that are frozen or semi-frozen prior to consumption, such as ice cream, ice milk or sherbet, including frozen dairy desserts for special dietary purposes. See Kansas Statutes 65-771
• Frozen dairy dessert mix: means the pasteurized unfrozen combination of all ingredients with or without fruits, fruit juices, candy, nut meats, flavor or harmless color that makes a frozen dairy dessert. See Kansas Statutes 65-771
• Fund: means the drycleaning facility release trust fund. See Kansas Statutes 65-34,142
• Funeral director: means a person who holds a current license as a funeral director issued by the board. See Kansas Statutes 65-1760
• Funeral establishment: means a funeral establishment or branch establishment as licensed by the board. See Kansas Statutes 65-1760
• FVC: means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration. See Kansas Statutes 60-4901
• 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
• General hospital: means an establishment with an organized medical staff of physicians; with permanent facilities that include inpatient beds; and with medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide diagnosis and treatment for patients who have a variety of medical conditions. See Kansas Statutes 65-425
• Generator: means any person who produces or brings into existence solid waste. See Kansas Statutes 65-3402
• Gestational age: means the age of the human child as measured in weeks as determined by either the last date of the mother's menstrual period, a sonogram conducted prior to the 20th week of pregnancy or the confirmed known date of conception. See Kansas Statutes 65-2401
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gifted children: means exceptional children who are determined to be within the gifted category of exceptionality as such category is defined by the state board. See Kansas Statutes 72-3404
• Golf cart: means a motor vehicle that does not have fewer than three wheels in contact with the ground, an unladen weight of not more than 1,800 pounds, is designed to be and is operated at not more than 25 miles per hour and is designed to carry not more than four persons including the driver. See Kansas Statutes 8-126
• Good faith: means honesty in fact in the conduct of the transaction concerned;

  (b) "improvement" means any public grain warehouse, building or other structure permanently affixed to railroad land;

  (c) "lease" means any agreement between a railroad and a tenant, under the terms of which a tenant occupies the surface of railroad land, which shall include track leases when the railroad is a class II or class III railroad as defined in 49 C. See Kansas Statutes 66-532

• Governmental unit: means the state, or any county, municipality, or other political subdivision thereof; or any department, division, board or other agency of any of the foregoing. See Kansas Statutes 65-425
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grade A pasteurized milk: means pasteurized milk that has at least a 90% survey rating, as determined by a survey of the source conducted by the secretary pursuant to the survey rating methods for conducting surveys of the status of milk sanitation. See Kansas Statutes 65-771
• 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}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hazardous materials: means a substance or material which has been determined by the secretary of the United States department of transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce and which has been so designated. See Kansas Statutes 65-3471
• Health care facility: means a facility other than a medical care facility providing care for persons who are ill or infirm and includes adult care homes as such term is defined by Kan. See Kansas Statutes 65-6b01
• Health care personnel: means those persons whose principal functions, customarily performed for remuneration, are to render services, directly or indirectly, to individuals for the purpose of:

  (1) Preventing physical, mental or emotional illness;

  (2) detecting, diagnosing and treating illness;

  (3) facilitating recovery from illness; or

  (4) providing rehabilitative or continuing care following illness; and who are qualified by training, education or experience to do so. See Kansas Statutes 65-5001

• Health care provider: means a person licensed to practice medicine and surgery, a hospital or ambulatory surgery center, as defined in Kan. See Kansas Statutes 65-1,168
• health care provider: means a health care provider as that term is defined by Kan. See Kansas Statutes 65-4941
• Health maintenance activities: include , but are not limited to, catheter irrigation; administration of medications, enemas and suppositories; and wound care, if such activities in the opinion of the attending physician or licensed professional nurse may be performed by the individual if the individual were physically capable, and the procedure may be safely performed in the home. See Kansas Statutes 65-6201
• Healthcare provider: means a person or entity that is licensed, registered, certified or otherwise authorized by the state of Kansas to provide healthcare services in this state, including a hospice certified to participate in the medicare program under 42 C. See Kansas Statutes 60-5502
• Hemophilia: means a bleeding tendency resulting from a genetically determined deficiency factor in the blood;

  (b) "Secretary" means the secretary of health and environment. See Kansas Statutes 65-1,131

• High voltage: means electricity in excess of 600 volts measured between conductors or between a conductor and the ground. See Kansas Statutes 66-1710
• Highway: means every way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel. See Kansas Statutes 8-126
• Highway: means a highway, road, street or alley. See Kansas Statutes 68-2101
• Highway: means a highway as defined by Kan. See Kansas Statutes 68-2232
• Highway authorities: means the secretary of transportation and the board of county commissioners of any county or governing body of any incorporated city acting individually or collectively. See Kansas Statutes 68-1901
• highway bonds: shall mean the highway bonds authorized under the provisions of this act. See Kansas Statutes 68-2302
• Highway projects: shall mean the express highways and freeways which are within the system of modern express highways and freeways established and constructed pursuant to Kan. See Kansas Statutes 68-2302
• Holding facility: means an area within or adjacent to a licensed crematory designated for the retention of dead human bodies prior to the act of cremation that shall:

  (1) Comply with any applicable public health statute, regulation or ordinance;

  (2) preserve the dignity of the dead human body;

  (3) recognize the integrity, health and safety of the crematory's personnel operating the crematory; and

  (4) be secure from access by anyone other than authorized personnel. See Kansas Statutes 65-1760

• Homeless children: means "homeless children and youths" as defined in the federal McKinney-Vento homeless assistance act, 42 U. See Kansas Statutes 72-3404
• Hospital: means general hospital, critical access hospital or special hospital. See Kansas Statutes 65-425
• Household hazardous waste facility: means a facility established for the purpose of collecting, accumulating and managing household hazardous waste and may also include small quantity generator waste or agricultural pesticide waste, or both. See Kansas Statutes 65-3402
• 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
• IEP: means a written statement for each exceptional child that is developed, reviewed, and revised in accordance with the provisions of Kan. See Kansas Statutes 72-3404
• IEP team: means a group of individuals composed of:

  (1) The parents of a child;

  (2) at least one regular education teacher of the child if the child is, or may be, participating in the regular education environment;

  (3) at least one special education teacher or, where appropriate, at least one special education provider of the child;

  (4) a representative of the agency directly involved in providing educational services for the child who is:

  (A) Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of exceptional children;

  (B) knowledgeable about the general curriculum; and

  (C) knowledgeable about the availability of resources of the agency;

  (5) an individual who can interpret the instructional implications of evaluation results;

  (6) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

  (7) whenever appropriate, the child. See Kansas Statutes 72-3404

• ILO scale: means the system for the classification of chest x-rays set forth in the international labour office's guidelines for the use of ILO international classification of radiographs of pneumoconioses as in effect on March 1, 2006. See Kansas Statutes 60-4901
• Immediate precursor: means a substance that the board has found to be and by rule and regulation designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. See Kansas Statutes 65-4101
• Immediate response to a release: means containment and control of a known release in excess of a reportable quantity and notification to the department within 48 hours of any known release in excess of a reportable quantity. See Kansas Statutes 65-34,142
• Imminent health hazard: means any condition that involves milk, milk products or dairy products, or any practice or procedure in the handling, transportation, storage, processing or manufacturing of milk, milk product or dairy product that poses a significant threat of danger to the public health that should be corrected immediately to prevent injury or sickness and that should not be permitted to continue while a hearing or other proceeding is being conducted. See Kansas Statutes 65-771
• Implement of husbandry: includes , but is not limited to:

  (1) A farm tractor;

  (2) a self-propelled farm implement;

  (3) a fertilizer spreader, nurse tank or truck permanently mounted with a spreader used exclusively for dispensing or spreading water, dust or liquid fertilizers or agricultural chemicals, as defined in Kan. See Kansas Statutes 8-126

• Improvement: means the repair, building, rebuilding, alteration, construction or reconstruction of any highway or part thereof, or the grading or regrading of the same, or the erection, construction, building, rebuilding, or repair of any bridge or culvert on any highway. See Kansas Statutes 68-2101
• in-state miles: means the total number of miles operated in this state during the preceding year by motor vehicles of a fleet which were registered on an apportioned basis in this state during such preceding year by the owner operating such total number of miles in this state. See Kansas Statutes 8-1,100
• Incapacitated person: means an individual whose ability to receive and evaluate relevant information, or to effectively communicate decisions, or both, even with the use of assistive technologies or other supports, is impaired to the degree that the person lacks the capacity to manage the person's estate, or to meet essential needs for the person's physical health, safety or welfare, as defined in Kan. See Kansas Statutes 77-201
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent educational evaluation: means an examination that is obtained by the parent of an exceptional child and performed by an individual or group of individuals who meet state and local standards to conduct such an examination. See Kansas Statutes 72-3404
• Individual development account: means a financial instrument established in Kan. See Kansas Statutes 65-7102
• Individual development account reserve fund: means the fund created by an approved community-based organization for the purposes of funding the costs incurred in the administration of the program by the financial institutions and the community-based organizations and for providing matching funds for moneys in individual development accounts. See Kansas Statutes 65-7102
• Individual in need of in-home care: means any functionally disabled individual in need of attendant care services because of impairment who requires assistance to complete functions of daily living, self-care and mobility, including, but not limited to, those functions included in the definition of attendant care services. See Kansas Statutes 65-6201
• Induced termination of pregnancy: means abortion, as defined in Kan. See Kansas Statutes 65-2401
• Industrial facility: includes all operations, processes and structures involved in the manufacture or production of goods, materials, commodities or other products located on, or adjacent to, an industrial site and is not limited to a single owner or to a single industrial process. See Kansas Statutes 65-3402
• Industrial waste: includes , but is not limited to: Mining wastes from extraction, beneficiation and processing of ores and minerals unless those minerals are returned to the mine site; fly ash, bottom ash, slag and flue gas emission wastes generated primarily from the combustion of coal or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil filters; and fluorescent lamps. See Kansas Statutes 65-3402
• Inherent risks of domestic animal activities: means those dangers or conditions which are an integral part of domestic animal activities, including, but not limited to:

  (1) The propensity of a domestic animal to run, buck, bite, shy, stumble, rear, fall, step on or behave in ways that may result in injury, harm or death to persons on or around them;

  (2) the unpredictability of a domestic animal's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals;

  (3) certain hazards such as surface and subsurface conditions;

  (4) collisions with other domestic animals or objects; and

  (5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant's ability. See Kansas Statutes 60-4001

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institute: means the Schiefelbusch institute for life span studies of the university of Kansas. See Kansas Statutes 65-7102
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interest holder: means a secured party within the meaning of the uniform commercial code, a mortgagee, lien creditor, judgment creditor or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Kansas Statutes 60-4102
• 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}
• Intermediary: means any technology system that receives and transmits an electronic prescription between the prescriber and the pharmacy. See Kansas Statutes 65-4101
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Interstate highway: means any highway at any time officially designated as a part of the national system of interstate and defense highways by the secretary of transportation and approved by the appropriate authority of the federal government. See Kansas Statutes 68-2232
• Intestate: Dying without leaving a will.
• Intrastate commerce: means commerce within the state of Kansas. See Kansas Statutes 65-6a18
• Ionizing radiation: means x-rays, gamma rays, alpha and beta particles, high speed electrons, protons, neutrons and other nuclear particles capable of producing ions directly or indirectly in its passage through matter. See Kansas Statutes 65-7302
• ISDN: means integrated services digital network which is a network and associated technology that provides simultaneous voice and data communications over a single communications channel. See Kansas Statutes 66-1,187
• Isomer: means all enantiomers and diastereomers. See Kansas Statutes 65-4101
• 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.
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• Juror: A person who is on the jury.
• Juvenile: means a person who is less than 18 years of age;

  (b) "adult" means a person who is 18 years of age or older;

  (c) "felony" means any crime designated a felony by the laws of Kansas or the United States;

  (d) "misdemeanor" means any crime designated a misdemeanor by the laws of Kansas or the United States;

  (e) "school day" means any day on which school is maintained;

  (f) "school year" means the same as such term is defined in Kan. See Kansas Statutes 72-6121

• KAMS: means : (1) An accelerated residential, or on-line distance learning program for high school-age pupils who are academically talented in science and mathematics; and (2) a rigorous, two-year program of college coursework tailored to individual abilities and taught by the faculty of a postsecondary educational institution designated by the board. See Kansas Statutes 72-3903
• Label: means a display of written, printed or graphic matter upon the immediate container (not including package liners) of any article. See Kansas Statutes 65-6a18
• Labeling: means all labels and other written, printed or graphic matter (1) upon any article or any of its containers or wrappers or (2) accompanying the article. See Kansas Statutes 65-6a18
• Landowner: means any person having an estate or interest in any land, which land is proposed to be acquired by an electric utility in connection with the construction, operation and maintenance of a nuclear generation facility. See Kansas Statutes 66-1,158
• Law enforcement officer: means any public servant, whether employed by the state of Kansas or subdivisions thereof or by the United States, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. See Kansas Statutes 60-4102
• 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}
• Legacy: A gift of property made by will.
• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means an authorization issued by the secretary permitting a business entity to engage in an asbestos project. See Kansas Statutes 65-5301
• License: means a certificate issued by the board authorizing the licensee to perform radiologic technology procedures on humans for diagnostic or therapeutic purposes. See Kansas Statutes 65-7302
• Licensed clinical addiction counselor: means a person who engages in the independent practice of addiction counseling and diagnosis and treatment of substance use disorders specified in the edition of the American psychiatric association's diagnostic and statistical manual of mental disorders (DSM) designated by the board by rules and regulations and is licensed by the behavioral sciences regulatory board. See Kansas Statutes 65-4024a
• licensed mental health technician: means a person who lawfully practices mental health technology as defined in this act. See Kansas Statutes 65-4202
• Licensed practitioner: means a person licensed to practice medicine and surgery, dentistry, podiatry or chiropractic in this state, or a person licensed as a physician assistant, advanced practice registered nurse or naturopathic doctor in this state. See Kansas Statutes 65-7302
• Licensee: means (1) the holder of the construction or operating permit from the United States nuclear regulatory commission for a nuclear power generating facility located in the state, if there is only one holder of such a permit or (2) if there are two or more holders of such a permit, those holders which are primarily responsible for the construction or operation of the facility. See Kansas Statutes 66-128l
• Licensing agency: means the department of health and environment. See Kansas Statutes 65-425
• Licensure: means a method of regulation by which the state grants permission to persons who meet predetermined qualifications to engage in an occupation or profession, and that to engage in such occupation or profession without a license is unlawful. See Kansas Statutes 65-5001
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means a security interest as defined in this section. See Kansas Statutes 8-126
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Live birth: means the complete expulsion or extraction from its mother of a human child, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Kansas Statutes 65-2401
• Livestock: means cattle, buffaloes, sheep, swine, goats, domesticated deer, all creatures of the ratite family that are not indigenous to this state, including but not limited to ostriches, emus and rheas or horses, mules or other equines. See Kansas Statutes 65-6a18
• Local exchange carrier: means any telecommunications public utility or its successor, not to include an electing carrier, providing switched telecommunications service within any local exchange service area, as approved by the commission on or before January 1, 1996. See Kansas Statutes 66-1,187
• Local zoning authority: means an incorporated city or a county which is authorized by law to zone areas within its jurisdiction and which has an active zoning authority. See Kansas Statutes 68-2232
• Lockout: means action taken by a board of education to provoke interruptions of or prevent the continuity of work normally and usually performed by the professional employees for the purpose of coercing professional employees into relinquishing rights guaranteed by this act and the act of which this section is amendatory. See Kansas Statutes 72-2218
• lot: means (1) any premises of less than three (3) acres used or intended for use for a single family dwelling or (2) any premises, regardless of size, used or intended for use for any purpose other than a single family dwelling or agricultural use. See Kansas Statutes 65-185
• Lung cancer: means a malignant tumor in which the primary site of origin of the cancer is inside the lungs and does not include mesothelioma. See Kansas Statutes 60-4901
• Magistrate judges: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.
• Main traveled way: means the traveled way of a highway on which through traffic is carried. See Kansas Statutes 68-2232
• Maintain: means to keep in a state of continuing existence. See Kansas Statutes 68-2232
• Majority leader: see Floor Leaders
• Mandatory spending: Spending (budget authority and outlays) controlled by laws other than annual appropriations acts.
• Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance either directly or indirectly or by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own lawful use or the preparation, compounding, packaging or labeling of a controlled substance:

  (1) By a practitioner or the practitioner's agent pursuant to a lawful order of a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

  (2) by a practitioner or by the practitioner's authorized agent under such practitioner's supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or medical care facility as an incident to dispensing of a controlled substance. See Kansas Statutes 65-4101

• Manufactured home: means a structure which:

  (1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and

  (2) is subject to the federal manufactured home construction and safety standards established pursuant to 42 U. See Kansas Statutes 77-201

• Manufacturer: means every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. See Kansas Statutes 8-126
• Marking: means the use of stakes, paint, flags or other clearly identifiable materials to show the field location of underground facilities, in accordance with the rules and regulations promulgated by the state corporation commission in the administration and enforcement of this act. See Kansas Statutes 66-1802
• Mass balance attribution: means a chain of custody accounting methodology with rules defined by a third-party certification system that enables the attribution of the mass of advanced recycling feedstocks to one or more advanced recycling products. See Kansas Statutes 65-3402
• Matching funds: means the moneys designated for contribution from an individual development account reserve fund to an individual development account by a community-based organization at a one-to-one ratio up to a three-to-one match. See Kansas Statutes 65-7102
• Material change in services: means an increase or decrease of 25% or more of the duration or frequency of a special education service, a related service or a supplementary aid or a service specified on the IEP of an exceptional child. See Kansas Statutes 72-3404
• Maternity center: means a facility which provides delivery services for normal, uncomplicated pregnancies but does not include a medical care facility as defined by Kan. See Kansas Statutes 65-503
• meat: means the dressed flesh of cattle, swine, horses, sheep, rabbits or goats but shall not include fish or products of fish. See Kansas Statutes 65-6a47
• Meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcasses of any livestock or domestic rabbits, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry and which are exempted from definition as a meat food product by the secretary under such conditions as the secretary may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See Kansas Statutes 65-6a18
• Mediation: means the effort through interpretation and advice by an impartial third party to assist in reconciling a dispute concerning terms and conditions of professional service which arose in the course of professional negotiation between a board of education or its representatives and representatives of the recognized professional employees' organization. See Kansas Statutes 72-2218
• Medical care facility: means a hospital, ambulatory surgical center or recuperation center, except that "medical care facility" does not include a hospice that is certified to participate in the medicare program under 42 C. See Kansas Statutes 65-425
• Medical care facility: means the same as the meaning ascribed thereto in Kan. See Kansas Statutes 65-6b01
• Medical facilities: means diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in title VI of the United States public health service act (42 U. See Kansas Statutes 65-424a
• Medical facility: includes public health centers; psychiatric hospitals; health maintenance organizations as defined in Kan. See Kansas Statutes 65-411
• Medical facility project: means a project for the modernization of a medical facility, the construction of a new outpatient or inpatient medical facility or the conversion of an existing medical facility for the provision of new health services. See Kansas Statutes 65-411
• Medication aide: means an unlicensed person certified as having satisfactorily completed a training program in medication administration approved by the secretary of health and environment for the purposes of subsection (i) of Kan. See Kansas Statutes 65-1,120
• member: means a member of the board of trustees of a community college. See Kansas Statutes 71-1402
• Member district: means one of the subdistricts into which a community college district is or may be divided for the purpose of a district method of election of trustees. See Kansas Statutes 71-1402
• member district: means one of ten (10) districts from which a board member is elected, as is prescribed in article 6, section 3 (a) of the constitution of Kansas. See Kansas Statutes 72-244
• Member position: means one of the positions of members of a board of trustees when a district method of election is used. See Kansas Statutes 71-1402
• Mesothelioma: means a malignant tumor with a primary site of origin in the pleura, the peritoneum, or pericardium, which has been diagnosed by a board-certified pathologist using standardized and accepted criteria of microscopic morphology or appropriate staining techniques. See Kansas Statutes 60-4901
• Methamphetamine precursor: means any compound, mixture or preparation containing pseudoephedrine, ephedrine or phenylpropanolamine, or any of their salts or optical isomers, or salts of optical isomers, but does not include products that have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts for precursors, and does not include animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra. See Kansas Statutes 65-16,101
• method of election: means one of the methods of election provided for in this act. See Kansas Statutes 71-1402
• Micro utility truck: means any motor vehicle that is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. See Kansas Statutes 8-126
• Mid-level practitioner: means a certified nurse-midwife engaging in the independent practice of midwifery under the independent practice of midwifery act, an advanced practice registered nurse issued a license pursuant to Kan. See Kansas Statutes 65-4101
• Military surplus vehicle: means the same as defined in Kan. See Kansas Statutes 8-194
• Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy hooved mammals. See Kansas Statutes 65-771
• Milk distributor: means any person who first sells or offers for sale in Kansas any packaged grade A pasteurized milk, milk product, or dairy product. See Kansas Statutes 65-771
• Milk hauler or sampler: means any person who collects official samples and may transport raw milk from a farm or raw milk products to or from a milk plant or both, receiving station or transfer station and has in their possession a permit from any state to sample such products. See Kansas Statutes 65-771
• Milk inspection and regulatory services: means the inspection, sampling, laboratory testing and the administrative procedures relating thereto, necessary to determine that the production, processing, distribution and sale of grade A milk, milk products, and dairy products comply with the requirements of this act and any rules and regulations adopted hereunder. See Kansas Statutes 65-771
• Milk or cream for manufacturing purposes: means raw milk or raw cream that is not subject to grade A standards and produced for processing and manufacturing into dairy products for human consumption. See Kansas Statutes 65-771
• Milk or cream receiving station: means any place where milk or cream may be received, collected, handled, processed, stored or collected and prepared for further transporting. See Kansas Statutes 65-771
• Milk or cream transfer station: means any place where milk or cream are transferred directly from one milk tank truck to another. See Kansas Statutes 65-771
• Milk plant: means any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, ultrapasteurized, aseptically processed, condensed, dried, packaged or prepared for distribution. See Kansas Statutes 65-771
• Milk processor: means any person who operates any place, premises or establishment where grade A raw milk for pasteurization or milk or cream for manufacturing purposes is processed, pasteurized, bottled or prepared for distribution. See Kansas Statutes 65-771
• Milk products: includes those dairy foods made by modifying the federally standardized products listed in this section in accordance with 21 C. See Kansas Statutes 65-771
• Milk tank truck: means the term used to describe both a bulk milk pick up tanker and a milk transport tank. See Kansas Statutes 65-771
• Milk tank truck cleaning facility: means any place, premises or establishment, other than a milk plant, receiving station or transfer station, where a milk tank truck is cleaned and sanitized. See Kansas Statutes 65-771
• Milk transport tank: means a vehicle including the truck and tank, used by a bulk milk hauler or sampler to transport bulk shipments of milk and milk products from a milk plant, receiving station or transfer station to another milk plant, receiving station or transfer station. See Kansas Statutes 65-771
• Milk transportation company: means the person, business or entity responsible for a milk tank truck. See Kansas Statutes 65-771
• Minor: means any person defined by Kan. See Kansas Statutes 77-201
• Minority leader: See Floor Leaders
• Misbranded: means any carcass, part thereof, meat or meat food product, or poultry or poultry product, under any one or more of the following circumstances:

  (1) If the labeling on the product or product container is false or misleading in any particular;

  (2) if the product is offered for sale under the name of another food;

  (3) if the product is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated;

  (4) if the container on the product is so made, formed or filled as to be misleading;

  (5) if the product is in a package or other container, unless it bears a label showing (A) the name and place of business of the manufacturer, packer or distributor and (B) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count; under subsection (m)(5)(A), reasonable variations may be permitted and exemptions as to small packages may be established by rules and regulations adopted by the secretary;

  (6) if any word, statement or other information, which is required by or under authority of this act to appear on the label or other labeling for the product, is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

  (7) if the product purports to be, or is represented to be, a food for which a definition and standard of identity or composition has been prescribed by rules and regulations of the secretary, unless (A) it conforms to such definition and standard and (B) the label thereon bears the name of the food specified in the definition and standard, and insofar as may be required by such rules and regulations, the common names of optional ingredients (other than spices, flavoring and coloring) present in such food;

  (8) if the product purports to be, or is represented to be, a food for which a standard of fill of container has been prescribed by rules and regulations of the secretary and if such product falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rules and regulations specify, a statement that it falls below such standard;

  (9) if the product is not subject to subsection (m)(7), unless its label bears (A) the common or usual name of the food, if there is any, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings, when authorized by the secretary, may be designated as spices, flavorings and colorings without naming each; to the extent that compliance with the requirements of clause (B) of this provision is impracticable or results in deception or unfair competition, exemptions shall be established by rules and regulations adopted by the secretary;

  (10) if the product purports to be, or is represented to be, for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the secretary, after consultation with the secretary of agriculture of the United States, determines to be, and by rules and regulations adopted by the secretary are prescribed to be, necessary in order to fully inform a purchaser as to its value for such uses;

  (11) if the product bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact; to the extent that compliance with the requirements of this provision is impracticable, exemptions shall be established by rules and regulations adopted by the secretary; or

  (12) if the product fails to bear directly thereon, or on the product container, as the secretary may prescribe by rules and regulations, the inspection legend unrestricted by any of the foregoing and such other information as the secretary may require in such rules and regulations to assure that the product will not have any false or misleading labeling and that the public will be informed of the manner of handling required to maintain the product in a wholesome condition. See Kansas Statutes 65-6a18

• Misbranded: means the same as provided in Kan. See Kansas Statutes 65-771
• Miscellaneous public utility: means any public utility, as defined in Kan. See Kansas Statutes 66-1,230
• modification: when used in conjunction with an approval or permit action, means an amendment to an existing approval or permit initiated by the permittee. See Kansas Statutes 65-3002
• Monitoring: means all procedures used to:

  (1) Systematically inspect and collect data on the operational parameters of a facility, an area or a transporter; or

  (2) to systematically collect and analyze data on the quality of the air, groundwater, surface water or soils on or in the vicinity of a solid waste processing facility or solid waste disposal area. See Kansas Statutes 65-3402

• 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.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor vehicle: means every vehicle, other than a motorized bicycle, electric-assisted bicycle or a motorized wheelchair, that is self-propelled. See Kansas Statutes 8-126
• Motor vehicle: means every motor vehicle, as defined in Kan. See Kansas Statutes 72-6486
• Motorcycle: means every motor vehicle, including autocycles, designed to travel on not more than three wheels in contact with the ground, except an electric-assisted bicycle or any such vehicle as may be included within the term "tractor" as defined in this section. See Kansas Statutes 8-126
• Motorized bicycle: means every device, other than an electric-assisted bicycle, having two tandem wheels or three wheels, that may be propelled by either human power or helper motor, or by both, and has:

  (1) A motor that produces not more than 3. See Kansas Statutes 8-126

• Motorized wheelchair: means any self-propelled vehicle designed specifically for use by a physically disabled person and such vehicle is incapable of a speed in excess of 15 miles per hour. See Kansas Statutes 8-126
• Municipal solid waste landfill: means a solid waste disposal area where residential waste is placed for disposal. See Kansas Statutes 65-3402
• Municipality: means any city, county, municipal corporation, public district or public authority located in whole or in part within this state that provides firefighting, law enforcement, ambulance, emergency medical or other emergency services. See Kansas Statutes 66-1802
• Municipality: means any city or county and any township which is not located in a county operating under the county road unit system. See Kansas Statutes 68-141f
• Municipality: means any city, county or township. See Kansas Statutes 68-589
• Municipality: means a city, township or county. See Kansas Statutes 68-2101
• Natural gas public utility: means any public utility defined in Kan. See Kansas Statutes 66-1,200
• Needle: means a sharp, pointed implement used for the purpose of tattooing, cosmetic tattooing or body piercing. See Kansas Statutes 65-1940
• New vehicle dealer: means every person actively engaged in the business of buying, selling or exchanging new motor vehicles, travel trailers, trailers or vehicles who holds a dealer's contract therefor from a manufacturer or distributor and has an established place of business in this state. See Kansas Statutes 8-126
• 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.
• Nonmalignant condition: means a condition, other than a diagnosed cancer, that is caused or may be caused by either of the following, whichever is applicable:

  (1) Silica; or

  (2) asbestos. See Kansas Statutes 60-4901

• Nonresident: means every person who is not a resident of this state. See Kansas Statutes 8-126
• Notice of pending forfeiture: means a written statement by the plaintiff's attorney following a seizure of property but prior to the filing of a judicial complaint against such property allowing for an administrative resolution to claims or recognition of exemptions. See Kansas Statutes 60-4102
• Notice of security interest: means a notification to the division from a dealer or secured party of a purchase money security interest as provided in article 9 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, upon a vehicle that has been sold and delivered to the purchaser describing the vehicle and showing the name, address and acknowledgment of the secured party as well as the name and address of the debtor or debtors and other information the division requires. See Kansas Statutes 8-126
• Notice of seizure for forfeiture: means a written statement by a law enforcement agency that property has been seized and may be proceeded against pursuant to this act, and providing information concerning the property, the seizure, and the law enforcement agency. See Kansas Statutes 60-4102
• Notification center: means the statewide communication system operated by an organization which has as one of its purposes to receive and record notification of planned excavation in the state from excavators and to disseminate such notification of planned excavation to operators who are members and participants. See Kansas Statutes 66-1802
• Nuclear generation facility: means any physical plant utilizing nuclear energy as the primary fuel for the production or generation of electricity or electric power. See Kansas Statutes 66-1,158
• Nuclear medicine technologist: means a person who uses radio pharmaceutical agents on humans for diagnostic or therapeutic purposes. See Kansas Statutes 65-7302
• Nuclear medicine technology: means the use of radio nuclides on human beings for diagnostic or therapeutic purposes. See Kansas Statutes 65-7302
• 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 certificate: means any certificate prescribed by rules and regulations of the secretary for issuance by an inspector or other person performing official functions under this act. See Kansas Statutes 65-6a18
• Official custodian: means any officer or employee of a private elementary or secondary school who is responsible for the custody and maintenance of pupil records. See Kansas Statutes 72-4345
• Official device: means any device prescribed or authorized by the secretary for use in applying any official mark. See Kansas Statutes 65-6a18
• Official inspection legend: means any symbol prescribed by rules and regulations of the secretary showing that an article was inspected and passed in accordance with this act. See Kansas Statutes 65-6a18
• Official mark: means the official inspection legend or any other symbol prescribed by rules and regulations of the secretary to identify the status of any article or animal under this act. See Kansas Statutes 65-6a18
• Omission: means a failure to perform an act the performance of which is required by law. See Kansas Statutes 60-4102
• On-farm retail sales of milk or milk products: means the sale of unpasteurized raw milk or unpasteurized raw milk products on the farm by the producer from the production of the dairy herd to the final consumer. See Kansas Statutes 65-771
• Open dumping: means the disposal of solid waste at any solid waste disposal area or facility that is not permitted by the secretary under the authority of Kan. See Kansas Statutes 65-3402
• Operating area: means :

  (1) In the case of a rural telephone company, operating area or service area means such company's study area or areas as approved by the federal communications commission;

  (2) in the case of a local exchange carrier, other than a rural telephone company, operating area or service area means such carrier's local exchange service area or areas as approved by the commission. See Kansas Statutes 66-1,187

• Operator: shall mean the person who has direct responsibility for supervising the operation of a water supply system or a wastewater treatment facility. See Kansas Statutes 65-4501
• Operator: means any person who owns or leases an underground tier 1 or tier 2 facility, except for any person who is the owner of real property wherein is located underground facilities for the purpose of furnishing services or materials only to such person or occupants of such property. See Kansas Statutes 66-1802
• Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Kansas Statutes 65-4101
• Opium poppy: means the plant of the species Papaver somniferum l. See Kansas Statutes 65-4101
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Organization: means any profit or nonprofit association, whether school-sponsored or community-based, whose primary purpose is to provide youth development by engaging individuals under the age of 18 in activities designed to promote and encourage self-confidence, teamwork and a sense of community. See Kansas Statutes 72-6131
• Overhead lines: means all electrical conductors installed above ground. See Kansas Statutes 66-1710
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or in the event a vehicle is subject to a lease of 30 days or more with an immediate right of possession vested in the lessee; or in the event a party having a security interest in a vehicle is entitled to possession, then such conditional vendee or lessee or secured party shall be deemed the owner for the purpose of this act. See Kansas Statutes 8-126
• Owner: means a person, other than an interest holder, who has an interest in property. See Kansas Statutes 60-4102
• owner: means the title holder of record or a person purchasing the lot or tract in question under a written contract of sale. See Kansas Statutes 65-185
• Owner: means any person who owns or leases, or has owned or leased, a drycleaning facility and who is or has been responsible for the operation of drycleaning operations at such drycleaning facility. See Kansas Statutes 65-34,142
• Owner: means any electric utility which owns any portion of a nuclear power generating facility whether directly or through ownership of stock in a company which owns any portion of such a facility. See Kansas Statutes 66-128l
• Owner: includes all individuals, copartnerships, associations or corporations having any title or interest in any property, rights, easements and interest authorized to be acquired by this act. See Kansas Statutes 68-2001
• Parent: means :

  (1) A natural parent;

  (2) an adoptive parent;

  (3) a person acting as parent;

  (4) a legal guardian;

  (5) an education advocate; or

  (6) a foster parent, if the foster parent has been appointed the education advocate of an exceptional child. See Kansas Statutes 72-3404

• Parent education program: means a program developed and operated by a board for the purpose of providing expectant parents and parents of infants or toddlers or both with information, advice, assistance, resource materials, guidance and learning experiences regarding such measures as parenting skills and the various styles of parenting, the processes and principles of growth and development of children, home learning activities designed for infants and toddlers, techniques emphasizing a positive approach to discipline, effective methods of communicating and interacting with children so as to foster the development of self-esteem, strategies for structuring behavioral limits and increasing mutual positive regard, and other elements of effective parenting that are conducive to the structuring of a home environment in which children are encouraged to be successful and productive learners. See Kansas Statutes 72-4161
• part-time or intermittent basis: means the providing of home health services in an interrupted interval sequence on the average of not to exceed three hours in any twenty-four-hour period;

  (h) "patient's residence" means the actual place of residence of the person receiving home health services, including institutional residences as well as individual dwelling units;

  (i) "secretary" means secretary of health and environment;

  (j) "subunit" or "subdivision" means any organizational unit of a larger organization which can be clearly defined as a separate entity within the larger structure, which can meet all of the requirements of this act independent of the larger organization, which can be held accountable for the care of patients it is serving and which provides to all patients care and services meeting the standards and requirements of this act;

  (k) "supportive care services" means services that do not require supervision by a healthcare professional, such as a physician assistant or registered nurse, to provide assistance with activities of daily living that the consumer could perform if such consumer were physically capable, including, but not limited to, bathing, dressing, eating, medication reminders, transferring, walking, mobility, toileting and continence care, provided in the consumer's temporary or permanent place of residence so that the consumer can remain safely and comfortably in the consumer's temporary or permanent place of residence. See Kansas Statutes 65-5101

• Participant: means any person who engages in a domestic animal activity. See Kansas Statutes 60-4001
• 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.
• Party: means any person, firm, corporation, association, municipality, taxpayer, municipal organization, mercantile, agricultural or manufacturing organization or system, public utility or common carrier interested in any matter pending before the state corporation commission or in proceedings for review of an order or decision of the commission. See Kansas Statutes 66-118a
• Passenger vehicle: means every motor vehicle, as defined in this section, that is designed primarily to carry 10 or fewer passengers, and is not used as a truck. See Kansas Statutes 8-126
• Pasteurized: means the same as provided in 21 C. See Kansas Statutes 65-771
• Pathological evidence of asbestosis: means a statement by a board-certified pathologist that more than one representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies and that there is no other more likely explanation for the presence of the fibrosis. See Kansas Statutes 60-4901
• Pathological evidence of silicosis: means a statement by a board-certified pathologist that more than one representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of round silica nodules and birefringent crystals or other demonstration of crystal structures consistent with silica in the lung parenchyma (well-organized concentric whorls of collagen surrounded by inflammatory cells) and that there is no other more likely explanation for the presence of the fibrosis. See Kansas Statutes 60-4901
• Patient: means the individual who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed. See Kansas Statutes 65-1682
• Patient: means the same as defined in Kan. See Kansas Statutes 65-4024a
• PBM: means a person, business or other entity that performs pharmacy benefits management. See Kansas Statutes 65-16,122
• Permitted project: means a project where a permit for the work to be performed must be issued by a city, county, state or federal agency and, as a prerequisite to receiving such permit, the applicant must serve notice of intent of excavation to all operators of underground facilities in the area of the work and in the vicinity of the excavation. See Kansas Statutes 66-1802
• Permittee: means the holder of an approval or the holder of a permit and includes both the owner and the operator of any approved or permitted air contaminant emission source. See Kansas Statutes 65-3002
• Person: means every natural person, firm, partnership, association or corporation. See Kansas Statutes 8-126
• Person: includes any individual or entity capable of holding a legal or beneficial interest in property. See Kansas Statutes 60-4102
• Person: means an individual, for-profit or not-for-profit business entity, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or political subdivision, agency or instrumentality or any other legal or commercial entity. See Kansas Statutes 60-5502
• Person: means an individual, partnership, limited liability company, corporation, fiduciary, joint venture, society, organization or other association of persons. See Kansas Statutes 61-2703
• Person: means any individual, firm, partnership, corporation or other association of persons. See Kansas Statutes 65-171j
• Person: means any individual, firm, partnership, corporation, company, association, or joint-stock association, and the legal successor thereof. See Kansas Statutes 65-425
• Person: means any individual, association, partnership, corporation, government, governmental subdivision or other entity. See Kansas Statutes 65-503
• Person: means any individual, partnership, firm, corporation, association or other business unit or governmental entity. See Kansas Statutes 65-6a18
• Person: means any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution. See Kansas Statutes 65-771
• person: means an individual, a corporation, a partnership, an association, a joint stock company, a trust or an unincorporated organization to the extent engaged in the manufacture of or sale of flour, white bread or rolls. See Kansas Statutes 65-2301
• Person: means any individual, partnership, firm, association, municipality, public or private corporation, subdivision or agency of the state or federal government, trust, estate or any other legal entity. See Kansas Statutes 65-3002
• Person: means individual, partnership, firm, trust, company, association, corporation, individual or individuals having controlling or majority interest in a corporation, institution, political subdivision, state agency or federal department or agency. See Kansas Statutes 65-3402
• Person: means an individual and does not include the term firm, corporation, association, partnership, institution, public body, joint stock association or any group of individuals. See Kansas Statutes 65-3501
• Person: means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Kansas Statutes 65-4101
• Person: shall mean an individual, partnership, corporation or association. See Kansas Statutes 65-4501
• Person: means a person as defined by Kan. See Kansas Statutes 65-67a01
• Person: means any individual, partnership, corporation or other association of persons. See Kansas Statutes 66-1,158
• person: includes an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association or any other legal or commercial entity and any successor or successors in interest thereto;

  (e) "public grain warehouse" means any public warehouse or public grain warehouse, as defined in Kan. See Kansas Statutes 66-532

• Person: means any individual, partnership, firm, association or corporation. See Kansas Statutes 66-1601
• Person: means an individual, firm, joint venture, partnership, corporation, association, municipality or governmental unit which contracts to perform any function or activity upon any land, building, highway or other premises in proximity to an overhead line. See Kansas Statutes 66-1710
• Person: means any individual, partnership, corporation, association, franchise holder, state, city, county or any governmental subdivision or instrumentality of a state and its employees, agents or legal representatives. See Kansas Statutes 66-1802
• Person: means any individual, firm, corporation or association. See Kansas Statutes 68-2101
• Person acting as parent: means a person such as a grandparent, stepparent or other relative with whom a child lives or a person other than a parent who is legally responsible for the welfare of a child. See Kansas Statutes 72-3404
• person with a disability: means any individual who:

  (a) Has a severe visual impairment;

  (b) cannot walk 100 feet without stopping to rest;

  (c) cannot walk without the use of or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;

  (d) is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

  (e) uses portable oxygen;

  (f) has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV according to standards set by the American heart association; or

  (g) is severely limited in such person's ability to walk at least 100 feet due to an arthritic, neurological or orthopedic condition. See Kansas Statutes 8-1,124

• 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 protective equipment: means coveralls, face shields, gloves, gowns, masks, respirators or other equipment designed to protect the wearer from the spread of infection or illness. See Kansas Statutes 60-5502
• Personal service: means service as defined by Kan. See Kansas Statutes 60-4102
• persons: includes one or more individuals, organizations, associations, corporations, boards, committees, commissions, agencies, or their representatives. See Kansas Statutes 72-2218
• Pharmacist: means an individual currently licensed by the board to practice the profession of pharmacy in this state. See Kansas Statutes 65-1682
• Pharmacist: means any natural person licensed under Kan. See Kansas Statutes 65-4101
• Pharmacy: means a premises, laboratory, area or other place currently registered with the board where scheduled substances or drugs of concern are offered for sale or dispensed in this state. See Kansas Statutes 65-1682
• Pharmacy prescription application: means software that is used to process prescription information, is installed on a pharmacy's computers and servers, and is controlled by the pharmacy. See Kansas Statutes 65-4101
• Phototherapy device: means equipment that emits ultraviolet radiation that is used in the treatment of disease or other medical use. See Kansas Statutes 65-1920
• Physician: means a person licensed to practice medicine and surgery. See Kansas Statutes 65-1,114
• Physician: means a person licensed to practice medicine and surgery in this state. See Kansas Statutes 65-425
• Physician: means a person licensed to practice medicine and surgery by the state board of healing arts. See Kansas Statutes 65-6b01
• Physician: means a person licensed to practice medicine and surgery by the state board of healing arts. See Kansas Statutes 65-1940
• Physician: means a person licensed to practice medicine and surgery by the state board of healing arts. See Kansas Statutes 65-28,102
• Physician: means a person licensed to practice medicine and surgery. See Kansas Statutes 65-6201
• place of business: means the place or location where an owner has a terminal, warehouse, office, garage or some permanent bona fide address at which one or more employees report and perform regular and continuing service for the owner;

  (l) "base plate" means a registration or license plate issued by this state to a commercial vehicle based in and registered on an apportioned basis in this state;

  (m) "total fleet miles" means the total number of miles operated during the preceding year in this state and in each and all other jurisdictions by the motor vehicles of a fleet, which motor vehicles were registered on an apportioned basis in this state during such preceding year by the owner operating such motor vehicles such total number of miles. See Kansas Statutes 8-1,100

• Plaintiff: The person who files the complaint in a civil lawsuit.
• Platted land: means a tract or parcel of land that has been subdivided into lots of less than five acres for the purpose of building developments, including housing developments, and for which a surveyor's plat has been filed of record in the office of the register of deeds in the county where the land is located. See Kansas Statutes 66-1802
• 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Podiatrist: means one practicing podiatry. See Kansas Statutes 65-2001
• Podiatry: means the diagnosis and medical and surgical treatment of all illnesses of the human foot, including the ankle and tendons which insert into the foot as well as the foot, subject to subsection (d) of Kan. See Kansas Statutes 65-2001
• Pole trailer: means any two-wheel vehicle used as a trailer with bolsters that support the load, and do not have a rack or body extending to the tractor drawing the load. See Kansas Statutes 8-126
• Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Kansas Statutes 65-4101
• Postclosure: means that period of time subsequent to closure of a solid waste disposal area when actions at the site must be performed. See Kansas Statutes 65-3402
• Postsecondary educational institution: has the meaning ascribed thereto in Kan. See Kansas Statutes 72-3903
• Potentially hazardous implant: means any device previously placed within the now deceased human body that would result in potential harm or damage at any time during the cremation process. See Kansas Statutes 65-1760
• Poultry: means any domesticated bird, whether live or dead. See Kansas Statutes 65-6a18
• Poultry product: means any poultry carcass, or part thereof or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry and which are exempted by the secretary from definition as a poultry product under such conditions as the secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. See Kansas Statutes 65-6a18
• 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}
• practical nurse: means a person who is licensed to practice practical nursing as defined in subsection (d)(2). See Kansas Statutes 65-1113
• Practice of audiology: means :

  (1) Rendering or offering to render to individuals or groups of individuals who have or are suspected of having disorders of hearing, any service in audiology, including prevention, identification, evaluation, consultation and habilitation or rehabilitation (other than hearing aid or other assistive listening device dispensing);

  (2) participating in hearing conservation;

  (3) providing auditory training and speech reading;

  (4) conducting tests of vestibular function;

  (5) evaluating tinnitus; and

  (6) planning, directing, conducting or supervising services. See Kansas Statutes 65-6501

• practice of mental health technology: means the performance, under the direction of a physician licensed to practice medicine and surgery or registered professional nurse, of services in caring for and treatment of the mentally ill, emotionally disturbed, or people with intellectual disability for compensation or personal profit that:

  (1) Involve participation and provision of input into the development of person-centered treatment plans and therapeutic procedures for individuals or groups of individuals specified in subsection (b) requiring interpersonal and technical skills in the observations and recognition of symptoms and reactions of such individuals, the accurate recording of such symptoms and reactions and the carrying out of treatments and medications as prescribed by a licensed physician or a mid-level practitioner as defined in Kan. See Kansas Statutes 65-4202

• Practice of speech-language pathology: means :

  (1) Rendering or offering to render to individuals or groups of individuals who have or are suspected of having disorders of communication, any service in speech-language pathology including prevention, identification, evaluation, consultation, habilitation and rehabilitation;

  (2) determining the need for personal augmentative communication systems, recommending such systems and providing training in utilization of such systems; and

  (3) planning, directing, conducting or supervising such services. See Kansas Statutes 65-6501

• Practitioner: means an individual licensed to practice medicine and surgery, dentist, podiatrist, optometrist or other individual authorized by law to prescribe or dispense scheduled substances and drugs of concern. See Kansas Statutes 65-1682
• Practitioner: means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist, or scientific investigator or other person authorized by law to use a controlled substance in teaching or chemical analysis or to conduct research with respect to a controlled substance. See Kansas Statutes 65-4101
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Predicted lower limit of normal: means the calculated standard convention lying at the fifth percentile, below the upper 95% of the reference population, based on factors including, but not limited to, age, height and gender, according to the recommendations of the American Thoracic Society as referenced in the AMA's guides to the evaluation of permanent impairment. See Kansas Statutes 60-4901
• Preengineered project: means a public project or a project that is approved by a public agency wherein the public agency responsible for the project, as part of its engineering and contract procedures, holds a meeting prior to the commencement of any construction work on such project in which all persons, determined by the public agency to have underground facilities located within the construction area of the project, are invited to attend and given an opportunity to verify or inform the public agency of the location of their underground facilities, if any, within the construction area and where the location of all known and underground facilities are duly located or noted on the engineering drawing as specifications for the project. See Kansas Statutes 66-1802
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Premature closing: means the closing of a nuclear power generating facility before the projected date of decommissioning as projected in the decommissioning financing plan prepared under Kan. See Kansas Statutes 66-128l
• Premises owner: means a person who owns, in whole or in part, leases, rents, maintains or controls privately owned any land or body of water, or any buildings and structures on those lands or bodies of water, and all privately owned and state-owned lands or bodies of water leased to a private person, firm or organization, including any buildings and structures on those lands, ways or waters. See Kansas Statutes 60-4901
• Prepared: means slaughtered or processed. See Kansas Statutes 65-6a18
• Prescriber: means a practitioner or a mid-level practitioner. See Kansas Statutes 65-4101
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
• Primary highway: means any highway, other than an interstate highway, that was part of the federal-aid primary system in existence on June 1, 1991, and any highway which is not on such system but which is on the national highway system. See Kansas Statutes 68-2232
• Private elementary or secondary school: means an organization which regularly offers education at the elementary or secondary level and attendance at which satisfies the compulsory school attendance laws of this state, but which is not accredited by the state board of education. See Kansas Statutes 72-4345
• Private treatment facility: means the same as defined in Kan. See Kansas Statutes 65-4024a
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeds: means anything of value, derived directly or indirectly from or realized through unlawful activity, including any monies used or intended to be used, or facilitate or intended to facilitate, the purchase, manufacture, cultivation, transportation, storage, distribution, sale, or possession of controlled substances or contraband. See Kansas Statutes 60-4102
• Processing facility: means any facility or section thereof that packs, cans, salts, renders, bones, cuts up or otherwise manufactures meat or poultry into meat food products or poultry products. See Kansas Statutes 65-6a18
• Product liability claim: means any strict liability, ordinary negligence or implied warranty claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling of the relevant product. See Kansas Statutes 60-5502
• Production: includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance. See Kansas Statutes 65-4101
• Production petroleum lead lines: includes underground lines associated with lease fuel and saltwater disposal and injection. See Kansas Statutes 66-1802
• Professional development: means any planned learning opportunities provided to certificated personnel employed by a school district or other authorized educational agency for purposes of improving the performance of such personnel in already held or assigned positions;

  (b) "certificated personnel" means all employees of a school district or an authorized educational agency required to be certificated by the state board of education;

  (c) "school district" means any public school district organized under the laws of this state;

  (d) "authorized educational agencies" means area professional development centers, state education agencies, institutions of postsecondary education which are authorized under the laws of this state to award academic degrees, and other organizations which serve school districts;

  (e) "area professional development center" means any regional organization providing professional development to school districts;

  (f) "state board" means the state board of education;

  (g) "department" means the state department of education;

  (h) "board" means the board of education of any school district; and

  (i) "school year" means the twelve-month period ending June 30. See Kansas Statutes 72-2545

• Professional employee: means any person employed by a board of education in a position which requires a certificate issued by the state board of education or employed by a board of education in a professional, educational or instructional capacity, but shall not mean any such person who is an administrative employee and, commencing in the 2006-2007 school year, shall not mean any person who is a retirant from school employment of the Kansas public employees retirement system, regardless of whether an agreement between a board of education and an exclusive representative of professional employees that covers terms and conditions of professional service provides to the contrary. See Kansas Statutes 72-2218
• Professional incompetence: means :

  (1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence as determined by the board. See Kansas Statutes 65-1516

• Professional negotiation: means meeting, conferring, consulting and discussing in a good faith effort by both parties to reach agreement with respect to the terms and conditions of professional service. See Kansas Statutes 72-2218
• professional nurse: means a person who is licensed to practice professional nursing as defined in subsection (d)(1). See Kansas Statutes 65-1113
• Program: means the prescription monitoring program. See Kansas Statutes 65-1682
• Program: means the Kansas individual development account program established in Kan. See Kansas Statutes 65-7102
• Program: means a program of bilingual education designed primarily to develop the English language skills of limited English proficient pupils in order to integrate such pupils into regular educational programs and enable such pupils to progress toward the maximum of their abilities. See Kansas Statutes 72-3609
• Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible. See Kansas Statutes 60-4102
• Property: means real property. See Kansas Statutes 65-1,222
• Property: means real property. See Kansas Statutes 65-34,178
• Property: includes personal and real property. See Kansas Statutes 77-201
• Proprietor: means any person who employs dentists or dental hygienists in the operation of a dental office. See Kansas Statutes 65-1424
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective structure: means an engineered physical structure implemented as part of the remedial action to control or respond to a release or threat of release of environmental contamination. See Kansas Statutes 65-1,222
• Provider of health care: means an individual:

  (1) Who is a direct provider of health care (including, but not limited to, a person licensed to practice medicine and surgery, licensed dentist, registered professional nurse, licensed practical nurse, licensed podiatrist, or physician assistant) in that the individual's primary current activity is the provision of health care to individuals or the administration of facilities or institutions (including medical care facilities, long-term care facilities, outpatient facilities, and health maintenance organizations) in which such care is provided and, when required by state law, the individual has received professional training in the provision of such care or in such administration and is licensed or certified for such provision or administration;

  (2) who holds a fiduciary position with, or has a fiduciary interest in, any entity described in subsection (f)(3)(B) or subsection (f)(3)(D) other than an entity described in either such subsection which is also an entity described in section 501(c)(3) of the internal revenue code of 1954, as amended and supplemented, and which does not have as its primary purpose the delivery of health care, the conduct of research, the conduct of instruction for health professionals or the production of drugs or articles described in subsection (f)(3)(C);

  (3) who receives, either directly or through a spouse, more than 1/5 of such person's gross annual income from any one or combination of the following:

  (A) Fees or other compensation for research into or instruction in the provision of health care;

  (B) entities engaged in the provision of health care or in such research or instruction;

  (C) producing or supplying drugs or other articles for individuals or entities for use in the provision of or in research into or instruction in the provision of health care; or

  (D) entities engaged in producing drugs or such other articles;

  (4) who is a member of the immediate family of an individual described in subsection (f)(1), (f)(2) or (f)(3); or

  (5) who is engaged in issuing any policy or contract of individual or group health insurance or hospital or medical service benefits. See Kansas Statutes 65-5001

• public grain warehouse: means any public warehouse or public grain warehouse, as defined in Kan. See Kansas Statutes 66-532
• Public health directives: means any of the following that is required by law to be followed related to public health and COVID-19:

  (1) State statutes, rules and regulations or executive orders issued by the governor pursuant to Kan. See Kansas Statutes 60-5502

• Public highways: shall include all public highways, roads and streets in the state, whether maintained by the state or by any county, city, town or other political subdivision. See Kansas Statutes 68-2001
• 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 school: means a school operated by a unified school district organized under the laws of this state. See Kansas Statutes 72-6131
• Public utility: means a public utility as defined by Kan. See Kansas Statutes 66-118a
• Public utility: means and includes those entities defined in Kan. See Kansas Statutes 66-1710
• Public warehouseman: means any person engaged in the business of storing for commerce any meat, meat products, poultry or poultry products without assuming ownership of the product in storage. See Kansas Statutes 65-6a18
• pupil: means a pupil who: (1) Is eligible for enrollment in the 11th grade or equivalent; (2) has completed at least two years of high school with distinction in mathematics or science by the end of 10th grade; (3) has achieved minimum composite scores of 23 on the ACT or 1100 on the SAT; and (4) demonstrates the maturity and capacity to benefit from the KAMS experience. See Kansas Statutes 72-3903
• pupil: means any person regularly enrolled in a school district and attending school in such school district or regularly enrolled in a school district and attending school in another school district in accordance with the provisions of an agreement entered into under authority of Kan. See Kansas Statutes 72-6486
• Pupil records: means all records, files and data of pupils who are or have been in attendance at a private elementary or secondary school. See Kansas Statutes 72-4345
• Purchaser: means any person who is acquiring property through purchase, foreclosure or default. See Kansas Statutes 65-34,178
• Qualified patient: means a patient who has executed a declaration in accordance with this act and who has been diagnosed and certified in writing to be afflicted with a terminal condition by two physicians who have personally examined the patient, one of whom shall be the attending physician. See Kansas Statutes 65-28,102
• Qualified product: means : (1) Personal protective equipment used to protect the wearer from COVID-19 or the spread of COVID-19; (2) medical devices, equipment and supplies used to treat COVID-19, including products that are used or modified for an unapproved use to treat COVID-19 or prevent the spread of COVID-19; (3) medical devices, equipment or supplies utilized outside of the product's normal use to treat COVID-19 or to prevent the spread of COVID-19; (4) medications used to treat COVID-19, including medications prescribed or dispensed for offlabel use to attempt to combat COVID-19; (5) tests used to diagnose or determine immunity to COVID-19; (6) disinfecting or cleaning supplies; (7) clinical laboratory services certified under the federal clinical laboratory improvement amendments in section 353 of the public health service act, 42 U. See Kansas Statutes 60-5502
• Quorum: The number of legislators that must be present to do business.
• Radiation therapist: means a person who applies radiation to humans for therapeutic purposes. See Kansas Statutes 65-7302
• Radiation therapy: means the use of any radiation procedure or article intended for the cure, mitigation or prevention of disease in humans. See Kansas Statutes 65-7302
• Radio common carrier: means any radio common carrier as defined in Kan. See Kansas Statutes 66-1,145a
• Radiographer: means a person who applies radiation to humans for diagnostic purposes. See Kansas Statutes 65-7302
• Radiography: means the use of ionizing radiation on human beings for diagnostic purposes. See Kansas Statutes 65-7302
• Radiologic technologist: means any person who is a radiographer, radiation therapist or nuclear medicine technologist. See Kansas Statutes 65-7302
• Radiologic technology: means the use of radioactive substance or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes upon prescription of a licensed practitioner. See Kansas Statutes 65-7302
• Radiological evidence of diffuse pleural thickening: means :

  (1) An ILO quality one or two chest x-ray, read by a competent medical authority who regularly reviews x-rays in the ordinary course of practice, that shows bilateral pleural thickening of at least B2 on the ILO scale and blunting of at least one costophrenic angle; or

  (2) a computed tomography scan or high-resolution computed tomography scan read by a competent medical authority showing evidence of diffuse pleural thickening. See Kansas Statutes 60-4901

• railroad: means any railroad company as defined in Kan. See Kansas Statutes 66-532
• railroad land: means any land acquired by a railroad in strips for right-of-way and any parcel or tract acquired by a railroad adjacent to its right-of-way, to aid in the construction, maintenance and accommodation of its railway and which is occupied pursuant to a lease by a tenant who owns improvements thereon;

  (h) "railroad operations" means the movement, storage or servicing of railroad equipment used for transporting persons or freight;

  (i) "successor in interest" includes any agent, successor, assignee, trustee, receiver or other person acquiring interests or rights in railroad land, including, but not limited to, the owner or holder of any servient estate or right of reversion relating to railroad land; and

  (j) "tenant" means any public warehouseman, as defined in Kan. See Kansas Statutes 66-532

• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Readily retrievable: means that records kept by automatic data processing applications or other electronic or mechanized recordkeeping systems can be separated out from all other records within a reasonable time not to exceed 48 hours of a request from the board or other authorized agent or that hard-copy records are kept on which certain items are asterisked, redlined or in some other manner visually identifiable apart from other items appearing on the records. See Kansas Statutes 65-4101
• 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
• Recess: A temporary interruption of the legislative business.
• Reclamation facility: means any location at which material containing a component defined as a hazardous substance pursuant to Kan. See Kansas Statutes 65-3402
• Recognition of exemption: means a written statement by the plaintiff's attorney stipulating to an interest in property exempt from forfeiture. See Kansas Statutes 60-4102
• Reconnection: means the commencement of utility service, other than by a utility, to a customer or other person after service has been discontinued by the utility. See Kansas Statutes 66-1601
• 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}
• Recreational off-highway vehicle: means any motor vehicle not greater than 75 inches in width measured from the outside of one tire rim to the outside of the other tire rim, having a dry weight of 3,500 pounds or less, traveling on four or more nonhighway tires. See Kansas Statutes 8-126
• Recuperation center: means an establishment with an organized medical staff of physicians, permanent facilities that include inpatient beds, medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide treatment for patients who require inpatient care but are not in an acute phase of illness, who currently require primary convalescent or restorative services and who have a variety of medical conditions. See Kansas Statutes 65-425
• Recyclables: includes , but is not limited to, paper, glass, plastic, municipal water treatment residues, as defined by Kan. See Kansas Statutes 65-3402
• Regional haze: means visibility impairment, measured in deciviews, occurring over a large geographic area caused by the cumulative emissions of gaseous and particulate air contaminants from numerous sources. See Kansas Statutes 65-3002
• Registration: means the process by which the state identifies and lists on an official roster those persons who meet predetermined qualifications and who will be the only persons permitted to use a designated title. See Kansas Statutes 65-5001
• Regular basis: means more than an isolated or sporadic basis. See Kansas Statutes 60-4901
• Regularly employed: shall mean employed for the major part of the working days, as distinguished from being employed as a substitute or for part-time work or less than a major part of the time. See Kansas Statutes 72-2670
• Regulated interest holder: means an interest holder that is a business authorized to do business in this state and is under the jurisdiction of a state or federal regulatory agency relating to banking, securities, insurance or real estate. See Kansas Statutes 60-4102
• Related services: means transportation, and such developmental, corrective, and other supportive services, including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the child's IEP, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only, as may be required to assist an exceptional child to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See Kansas Statutes 72-3404
• Release: means any spill, leak, emission, discharge, escape, leak or disposal of drycleaning solvent from a drycleaning facility into the soils or waters of the state. See Kansas Statutes 65-34,142
• 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.
• Remedial activity: means any site cleanup, soil or groundwater monitoring associated with a contaminated property, remedial action, corrective action, emergency action, removal action or other action necessary or appropriate to respond to a release or threat of release of environmental contamination. See Kansas Statutes 65-1,222
• Reopen: means to seek an amendment to an existing approval or permit initiated by any person other than the permittee. See Kansas Statutes 65-3002
• Reportable quantity: means a known release of a chlorinated drycleaning solvent in excess of one quart over a 24-hour period or a known release of a nonchlorinated drycleaning solvent in excess of one gallon over a 24-hour period. See Kansas Statutes 65-34,142
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: means any professional employees' organization or any person it authorizes or designates to act in its behalf or any person a board of education authorizes or designates to act in its behalf. See Kansas Statutes 72-2218
• reservoir sanitation officer: means the county engineer or other officer designated by a majority of the county commissioners in counties with territory in such sanitation zone, subject to the approval of the secretary of health and environment. See Kansas Statutes 65-185
• 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.
• Retail electric supplier: means any person, firm, corporation, municipality, association or cooperative corporation engaged in the furnishing of retail electric service. See Kansas Statutes 66-1,170
• retailer: shall mean a person regularly engaged in the business of selling meat, canned, frozen or cured, or poultry, eggs or butter, at retail to the trade and public as such, and selling only to the user or consumer and not for resale; (b) the word "meat" means the dressed flesh of cattle, swine, horses, sheep, rabbits or goats but shall not include fish or products of fish. See Kansas Statutes 65-6a47
• Retailer: means any business that: (1) Is registered for purposes of the Kansas retailers sales tax act and provides drycleaning, or drycleaning and laundry, services to final consumers; or (2) has provided a drycleaning, or drycleaning and laundry, facility with a resale exemption certificate and is responsible for charging and collecting retailers' sales tax from final consumers of drycleaning or laundry services. See Kansas Statutes 65-34,142
• Retirement system: means the state school retirement system;

  (b) "board" means the board of trustees of the Kansas public employees retirement system;

  (c) "school year" means either the twelve-month period beginning on September first, or the legal school term during such period. See Kansas Statutes 72-2624

• 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
• Rolls: include plain white rolls and buns of the semibread dough type, such as soft rolls, hamburger, hot dog, parker house, hard rolls such as Vienna, kaiser, etc. See Kansas Statutes 65-2301
• Rural emergency hospital: means the same as defined in Kan. See Kansas Statutes 65-425
• Rural telephone company: has the meaning ascribed to it in the federal act, excluding any local exchange carrier which together with all of its affiliates has 20,000 or more access lines in the state. See Kansas Statutes 66-1,187
• safety glazing material: means any glazing material, including but not limited to tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the American national standards institute standard ANSI Z-97. See Kansas Statutes 65-3801
• Safety rest area: means an area or site established and maintained within or adjacent to the highway right-of-way, which area is under public supervision or control and for the convenience of the traveling public. See Kansas Statutes 68-2232
• Salary: shall mean the amount actually paid to the school employee for personal services plus the amount, if any, paid by the board of education toward an annuity for the school employee. See Kansas Statutes 72-2670
• sanitation plan: means plans for furnishing water, disposing of sewage and handling refuse. See Kansas Statutes 65-185
• sanitation zone: means the land within an area designated and described by regulation of the secretary of health and environment under the provisions of this act, no portion of which is located more than three (3) miles from the waterline of the conservation pool of any existing or proposed state or authorized federal reservoir having a surface area of its conservation pool of more than one hundred (100) acres, but not including any area within any incorporated city, or any area downstream from the dam site. See Kansas Statutes 65-185
• Scheduled substance: means controlled substances included in schedules II, III or IV of the schedules designated in Kan. See Kansas Statutes 65-1682
• School: means a public school or an accredited nonpublic school. See Kansas Statutes 72-6131
• school annuitant: means any person who is entitled to receive a school annuity;

  (g) "school annuity" means the monthly payments due to any school annuitant. See Kansas Statutes 72-2624

• School annuity: shall mean the annual payment due to any school annuitant. See Kansas Statutes 72-2670
• School board: means the board of education of a school district and the governing authority of any nonpublic school;

  (b) "school" means all elementary, junior high, or high schools within the state;

  (c) "local health department" means any county or joint board of health established under the laws of Kansas and having jurisdiction over the place where any pupil affected by this act may reside;

  (d) "secretary" means the secretary of the state department of health and environment;

  (e) "physician" means a person licensed to practice medicine and surgery. See Kansas Statutes 72-6261

• School bus: means : (1) Every bus designed primarily for the transportation of pupils, students or school personnel to or from school or to or from school-related functions or activities. See Kansas Statutes 72-6486
• School district: means any public school district. See Kansas Statutes 72-3404
• School district: means any public school district. See Kansas Statutes 72-3609
• School district: means any public school district organized and operating under the laws of this state. See Kansas Statutes 72-4161
• School district: means any school district organized under the laws of this state. See Kansas Statutes 72-6228
• School district: means any unified school district organized and operating under the laws of this state. See Kansas Statutes 72-6486
• School district: means any public school district. See Kansas Statutes 72-7117
• School district: means any public school district organized and operating under the laws of this state. See Kansas Statutes 72-7210
• School employee: shall mean any person regularly employed, and paid out of public funds, to perform services for the school district, and shall include all teachers, principals, superintendents, supervisors, librarians, clerks, secretaries, school nurses, attendance officers, managers, engineers, building superintendents, maintenance and repairmen, custodians, and all other persons regularly employed by the board of education. See Kansas Statutes 72-2670
• School employee: means any administrative, professional or paraprofessional employee of a school. See Kansas Statutes 72-6142
• school employees: means persons who have performed or who shall hereafter perform school services as classroom teachers, administrators, supervisors, librarians, nurses, clerks, janitors or in any other full-time capacity in the public schools, area vocational-technical schools or community junior colleges of the state of Kansas and who are citizens of the United States and school employees shall include: (1) Persons who have performed service as a county superintendent of public instruction or as an employee appointed by and under the supervision of a county superintendent; (2) persons who have performed service as a state superintendent of public instruction or as an employee appointed by and under supervision of a state superintendent; (3) persons who have performed services as an employee appointed by the former state board for vocational education, except that prior to the time of accepting such employment by such county superintendent, state superintendent or state board for vocational education such employees had performed school service in Kansas as a teacher, principal, supervisor, or superintendent; (4) persons who are employees appointed by and under the supervision of the constitutional state board of education, including those employees transferred to the state department of education at its inception in January of 1969, and who prior to the time of accepting such employment by the state board of education had performed school service in Kansas as a teacher, principal, supervisor, or superintendent; (5) the commissioner of education if such commissioner exercises an irrevocable option to be covered by the state school retirement system in lieu of being covered by the Kansas public employees retirement system, which option shall be exercised by written notice of the commissioner of education at the time of appointment. See Kansas Statutes 72-2624
• school service: means : (1) Service performed as a school employee prior to September 1, 1941, if such years of service include at least six months during the years 1938-39 or 1939-40 or 1940-41; service performed by any employee who was not in school service in any of the school years from 1938 to 1941, but who reentered school service after September 1, 1941, and continued in such service for at least five years; all service prior to September 1, 1941, of any annuitant who retired prior to September 1, 1961, and who was granted a service annuity for one or more years as a contributing member of the school retirement system; all service prior to September 1, 1941, of any employee who served for at least six months during one of the qualifying years from 1938 to 1941 in a school system maintaining its own separate retirement system in Kansas, if such employee has not qualified, nor will in the future qualify, for retirement benefits under the separate retirement system; all service as a school employee, including out-of-state service as a school employee, for a period of 10 or more years prior to September 1, 1938, except that service annuities paid by the state of Kansas to such school employees shall not include such out-of-state service as a school employee, unless otherwise provided by law; (2) service as a school employee after September 1, 1941, as a contributing member of the school retirement system. See Kansas Statutes 72-2624
• School year: means the period from July 1 to June 30. See Kansas Statutes 72-17,132
• School year: means the period from July 1 to June 30. See Kansas Statutes 72-2408
• Scrap material processing industry: means any person who accepts, processes and markets recyclables. See Kansas Statutes 65-3402
• Scrap material recycling and processing facility: means a fixed location that utilizes machinery and equipment for processing only recyclables. See Kansas Statutes 65-3402
• 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
• Secondary school: means any nonprofit institutional day or residential school that offers instruction in any or all of the grades nine through 12. See Kansas Statutes 72-3404
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-1,114
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-411
• Secretary: means the secretary of agriculture. See Kansas Statutes 65-6a18
• Secretary: means the secretary of the Kansas department of agriculture, or the secretary's designee. See Kansas Statutes 65-771
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-1940
• secretary: shall mean the secretary of health and environment. See Kansas Statutes 65-2301
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-2401
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-3002
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-3402
• Secretary: means the secretary for aging and disability services. See Kansas Statutes 65-4024a
• Secretary: shall mean the secretary of health and environment. See Kansas Statutes 65-4501
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-4956
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-5001
• Secretary: means the secretary of health and environment. See Kansas Statutes 65-5301
• Secretary: means the secretary for aging and disability services. See Kansas Statutes 65-6501
• Secretary: means the secretary of transportation. See Kansas Statutes 68-2101
• Secretary: means the secretary of transportation. See Kansas Statutes 68-2232
• Secretary: means the secretary of transportation. See Kansas Statutes 68-2319
• Secretary: means the secretary of labor or a designee thereof. See Kansas Statutes 72-2218
• Secretary of education: means the secretary of the United States department of education. See Kansas Statutes 72-6131
• Seizing agency: means any department or agency of this state or its political subdivisions which regularly employs law enforcement officers and which employed the law enforcement officer who seized property for forfeiture, or such other agency as the seizing agency may designate in a particular case. See Kansas Statutes 60-4102
• Seizure for forfeiture: means seizure of property by a law enforcement officer including a constructive seizure coupled with an assertion by the seizing agency or a plaintiff's attorney that the property is subject to forfeiture. See Kansas Statutes 60-4102
• Self-propelled farm implement: means every farm implement designed for specific use applications with its motive power unit permanently incorporated in its structural design. See Kansas Statutes 8-126
• Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle. See Kansas Statutes 8-126
• service: means personal service or delivery by certified mail, return receipt requested, to the last known address of the addressee. See Kansas Statutes 60-4701
• service annuity: means that part of the school annuity which is based upon the service record of the person concerned, and which is paid by the state;

  (i) "savings annuity" means that part of the school annuity which results from the accumulated contributions of the school employee and interest thereon less the proportionate share of the expense of the administration of this act;

  (j) "disability annuity" means a school annuity granted to a school employee who suffers such physical or mental disability as to be unable to perform school service;

  (k) "standard annuity" means the school annuity which is granted to a school employee at the age of 65 years, as prescribed by this act. See Kansas Statutes 72-2624

• Service of process: The service of writs or summonses to the appropriate party.
• service record: means the individual record kept by the board for each school employee. See Kansas Statutes 72-2624
• Services for children with special health care needs: means the program administered by the secretary of health and environment pursuant to article 5a of chapter 65 of Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto. See Kansas Statutes 65-5a01
• 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.
• Sign display: means a single panel or part of the sign, including trim and background, which contains a message or messages. See Kansas Statutes 68-2232
• Sign facing: means and includes a sign display or displays at the same location and facing the same direction. See Kansas Statutes 68-2232
• Sign structure: means and includes all components of the sign, which may include poles, bracings, lateral supports, vehicles, displays and other materials of every kind and nature used to support a facing or facings on which advertising is placed. See Kansas Statutes 68-2232
• Silica: means a respirable crystalline form of silicon dioxide, including, but not limited to, alpha quartz, cristobalite and trydmite. See Kansas Statutes 60-4901
• Silica claim: means any claim for damages, losses, indemnification, contribution or other relief arising out of, based on, or in any way related to inhalation of, exposure to, or contact with silica. See Kansas Statutes 60-4901
• Silicosis: means an interstitial lung disease caused by the pulmonary response to inhaled silica. See Kansas Statutes 60-4901
• Single certified service territory: means that service area in which only one retail electric supplier has been granted a service certificate by the commission. See Kansas Statutes 66-1,170
• Site: means all areas and media to which environmental contamination or pollution has been released, transported or migrated. See Kansas Statutes 65-34,178
• Slaughter facility: means any facility or section thereof which carries on the slaughter and dressing of animals. See Kansas Statutes 65-6a18
• Small claim: means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $4,000, exclusive of interest, costs and any damages awarded pursuant to Kan. See Kansas Statutes 61-2703
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Solid waste: means garbage, refuse, waste tires as defined by Kan. See Kansas Statutes 65-3402
• Solid waste disposal area: includes all property described or included within any permit issued pursuant to Kan. See Kansas Statutes 65-3402
• Solid waste management system: means the entire process of storage, collection, transportation, processing, and disposal of solid wastes by any person engaging in such process as a business, or by any state agency, city, authority, county or any combination thereof. See Kansas Statutes 65-3402
• Solid waste processing facility: means incinerator, composting facility, household hazardous waste facility, waste-to-energy facility, transfer station, reclamation facility or any other location where solid wastes are consolidated, temporarily stored, salvaged or otherwise processed prior to being transported to a final disposal site. See Kansas Statutes 65-3402
• Special education: means specially designed instruction provided at no cost to parents to meet the unique needs of an exceptional child, including:

  (1) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

  (2) instruction in physical education. See Kansas Statutes 72-3404

• Special hospital: means an establishment with an organized medical staff of physicians; with permanent facilities that include inpatient beds; and with medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide diagnosis and treatment for patients who have specified medical conditions. See Kansas Statutes 65-425
• Special interest vehicle: means a motor vehicle that is more than 20 years of age and that has not been altered or modified from the original manufacturer's specifications except to assure normal running operation or to meet specific safety inspection requirements on original equipment, or both. See Kansas Statutes 8-194
• Special teacher: means a person, employed by or under contract with a school district or a state institution to provide special education or related services, who is qualified to:

  (1) Provide special education or related services to exceptional children as determined pursuant to standards established by the state board; or

  (2) assist in the provision of special education or related services to exceptional children as determined pursuant to standards established by the state board. See Kansas Statutes 72-3404

• Speech-language pathologist: means a person who engages in the practice of speech-language pathology and who meets the qualifications set forth in this act. See Kansas Statutes 65-6501
• Speech-language pathology: means the application of principles, methods and procedures related to the development and disorders of human communication. See Kansas Statutes 65-6501
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• state agency: means any state office or officer, department, board, commission, institution, or any agency or unit within any office, department or board, authorized to provide for the construction, improvement, reconstruction or maintenance of roads, streets or bridges on lands owned by the state or an agency thereof. See Kansas Statutes 68-170
• State agency: means the Kansas department for children and families, the Kansas department for aging and disability services, the department of corrections and the juvenile justice authority. See Kansas Statutes 72-3404
• State board: means the state board of regents. See Kansas Statutes 71-701
• State board: means the state board of education created by sections 2 and 3 of article 6 of the constitution and provided for by Kan. See Kansas Statutes 72-244
• State board: means the state board of education. See Kansas Statutes 72-17,132
• State board: means , in the case of school districts and nonpublic schools, the state board of education; and in the case of area vocational-technical schools, the state board of regents. See Kansas Statutes 72-2408
• State board: means the state board of education. See Kansas Statutes 72-3404
• State board: means the state board of education. See Kansas Statutes 72-3609
• State board: means in the case of school districts and nonpublic schools, the state board of education and in the case of community colleges, the state board of regents. See Kansas Statutes 72-4005
• State board: means the state board of education. See Kansas Statutes 72-4161
• State board: means the state board of education. See Kansas Statutes 72-6486
• State department: means the state department of education established by Kan. See Kansas Statutes 72-244
• State educational institution: has the meaning ascribed thereto in Kan. See Kansas Statutes 72-3251
• State freeway fund: shall mean the state freeway fund created in Kan. See Kansas Statutes 68-2302
• State institution: means any institution under the jurisdiction of a state agency. See Kansas Statutes 72-3404
• State plan: means the state plan for special education and related services authorized by this act. See Kansas Statutes 72-3404
• Statement of nonexempt interests: means a written statement by the plaintiff's attorney refusing to recognize that a particular interest or interests in property are exempt from forfeiture. See Kansas Statutes 60-4102
• Station power: means electric energy used for operating equipment necessary for the process of generating electricity at any generating plant owned by a utility or a generating plant specified in subsection (e) of Kan. See Kansas Statutes 66-1,170
• Stationary source: means any building, structure, facility or installation which emits or may emit any air contaminant. See Kansas Statutes 65-3002
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Statutory declaration of impasse date: means July 31 in the current school year. See Kansas Statutes 72-2218
• Stillbirth: means any complete expulsion or extraction from its mother of a human child the gestational age of which is not less than 20 completed weeks, resulting in other than a live birth, as defined in this section, and which is not an induced termination of pregnancy. See Kansas Statutes 65-2401
• Stillbirth: means a stillbirth as defined by Kan. See Kansas Statutes 65-67a01
• Strike: means an action taken for the purpose of coercing a change in the terms and conditions of professional service or the rights, privileges or obligations thereof, through any failure by concerted action with others to report for duty including, but not limited to, any work stoppage, slowdown, or refusal to work. See Kansas Statutes 72-2218
• Student publication: means any matter which is prepared, substantially written, or published by students, which is distributed or generally made available, either free of charge or for a fee, to members of the student body, and which is prepared under the direction of a certified employee. See Kansas Statutes 72-7210
• Subcontractor: means a contractor who performs work on behalf of a contractor in the construction of a dwelling. See Kansas Statutes 60-4701
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Substantial change in placement: means the movement of an exceptional child, for more than 25% of the child's school day, from a less restrictive environment to a more restrictive environment or from a more restrictive environment to a less restrictive environment. See Kansas Statutes 72-3404
• Substantial contributing factor: means :

  (1) Exposure to silica or asbestos is the proximate cause of the physical impairment alleged in the silica or asbestos claim; and

  (2) a competent medical authority has determined with a reasonable degree of medical probability that the exposure to silica or asbestos is the proximate cause of the physical impairment. See Kansas Statutes 60-4901

• Substantial occupational exposure to silica: means employment in an industry and an occupation in which the exposed person did any of the following for a substantial portion of a normal work year for such occupation:

  (1) Handled silica;

  (2) fabricated silica-containing products so that the person was exposed to silica in the fabrication process;

  (3) altered, repaired or otherwise worked with a silica-containing product in a manner that exposed the person on a regular basis to silica;

  (4) worked in close proximity to other workers engaged in any of the activities described in paragraphs (1), (2) or (3) of this subsection in a manner that exposed the person on a regular basis to silica. See Kansas Statutes 60-4901

• successor in interest: includes any agent, successor, assignee, trustee, receiver or other person acquiring interests or rights in railroad land, including, but not limited to, the owner or holder of any servient estate or right of reversion relating to railroad land; and

  (j) "tenant" means any public warehouseman, as defined in Kan. See Kansas Statutes 66-532

• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent of schools: means the superintendent of schools appointed by the board of education of a unified school district or the chief administrative officer of an accredited nonpublic school appointed by the board of education of the school. See Kansas Statutes 72-6142
• Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
• Supplemental contracts: means contracts for employment duties other than those services covered in the principal or primary contract of employment of the professional employee and shall include, but not be limited to, such services as coaching, supervising, directing and assisting extracurricular activities, chaperoning, ticket-taking, lunchroom supervision, and other similar and related activities. See Kansas Statutes 72-2218
• Supplementary aids and services: means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate. See Kansas Statutes 72-3404
• system: means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction's courts, administrative bodies or other formal or informal tribunals. See Kansas Statutes 60-5102
• Tamperer: means a person who commits or assists in the commission of tampering. See Kansas Statutes 60-4601
• Tampering: means illegally transferring or attempting to transfer anhydrous ammonia from its present container, equipment or storage facility to another container, equipment or storage facility. See Kansas Statutes 60-4601
• Tanning device: means equipment that emits electromagnetic radiation with wavelengths in the air that is used for tanning of human skin and includes any accompanying items incidental to operation of the tanning device. See Kansas Statutes 65-1920
• Tanning facility: means any facility, whether independent or part of a salon, health spa or any other facility, which provides access to tanning devices but shall not include private residences if access to tanning devices is provided without charge. See Kansas Statutes 65-1920
• Tattooing: means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments by use of a needle into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes. See Kansas Statutes 65-1940
• Teacher: shall mean and include teachers, supervisors, principals, superintendents and any other professional employees who are required to hold a teacher's or school administrator's certificate in any public school. See Kansas Statutes 72-2215
• Telecommunication service: means any telephone service or the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities. See Kansas Statutes 66-1601
• Telecommunications carrier: means a corporation, company, individual, association of persons, their trustees, lessees or receivers that provides a telecommunications service, including, but not limited to, interexchange carriers and competitive access providers, but not including local exchange carriers certified before January 1, 1996. See Kansas Statutes 66-1,187
• Telecommunications public utility: means any public utility, as defined in Kan. See Kansas Statutes 66-1,187
• Telecommunications service: means the provision of a service for the transmission of telephone messages, or two-way video or data messages. See Kansas Statutes 66-1,187
• Temporary container: means a receptacle for cremated remains, usually composed of cardboard, plastic or similar material, that can be closed in a manner that prevents the leakage or spillage of the cremated remains or the entrance of foreign material, and is a single container of sufficient size to hold the cremated remains. See Kansas Statutes 65-1760
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Terms and conditions of professional service: means : (A) Salaries and wages, including pay for duties under supplemental contracts; hours and amounts of work; vacation allowance, holiday, sick, extended, sabbatical and other leave, and number of holidays; retirement; insurance benefits; wearing apparel; pay for overtime; jury duty; grievance procedure, including binding arbitration of grievances; disciplinary procedure; resignations; termination and nonrenewal of contracts; reemployment of professional employees; terms and form of the individual professional employee contract; probationary period; professional employee appraisal procedures; each of the foregoing being a term and condition of professional service, regardless of its impact on the employee or on the operation of the educational system; (B) matters which relate to privileges to be granted the recognized professional employees' organization, including, but not limited to, voluntary payroll deductions; dissemination of information regarding the professional negotiation process and related matters to members of the bargaining unit on school or college premises through direct contact with members of the bargaining unit; reasonable leaves of absence for members of the bargaining unit for organizational purposes, such as engaging in professional negotiation and partaking of instructional programs properly related to the representation of the bargaining unit; any of the foregoing privileges which are granted the recognized professional employees' organization through the professional negotiation process shall not be granted to any other professional employees' organization; and (C) such other matters as the parties mutually agree upon as properly related to professional service including, but not limited to, employment incentive or retention bonuses authorized under Kan. See Kansas Statutes 72-2218
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Textbooks: means regular adopted textbooks purchased by a school district for the use of pupils enrolled in the district. See Kansas Statutes 72-3356
• Third-party certification system: means an international and multi-national third-party certification system that consists of a set of rules for the implementation of mass balance attribution approaches for advanced recycling of materials. See Kansas Statutes 65-3402
• Tolerance zone: means the area not more than 24 inches of the outside dimensions in all horizontal directions of an underground facility, except that a larger tolerance zone for a tier 1, 2 or 3 facility may be established by rules and regulations adopted under Kan. See Kansas Statutes 66-1802
• 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.
• Total lung capacity: means the volume of gas contained in the lungs at the end of a maximal inspiration. See Kansas Statutes 60-4901
• Trailer: means every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle. See Kansas Statutes 8-126
• Trainer: means a licensed individual who guides another in tattooing, cosmetic tattooing or body piercing. See Kansas Statutes 65-1940
• 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.
• Transfer station: means any facility where solid wastes are transferred from one vehicle to another or where solid wastes are stored and consolidated before being transported elsewhere. See Kansas Statutes 65-3402
• transmission of telephone messages: shall include the transmission by wire or other means of any voice, data, signals or facsimile communications, including all such communications now in existence or as may be developed in the future. See Kansas Statutes 66-104
• Travel trailer: means every vehicle without motive power designed to be towed by a motor vehicle constructed primarily for recreational purposes. See Kansas Statutes 8-126
• Traveled way: means the portion of a roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. See Kansas Statutes 68-2232
• Treatment: means the selection and performance of those therapeutic measures essential to effective execution and management of the nursing regimen, and any prescribed medical regimen. See Kansas Statutes 65-1113
• Treatment: means the same as defined in Kan. See Kansas Statutes 65-4024a
• Treatment facility: means the same as defined in Kan. See Kansas Statutes 65-4024a
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck: means a motor vehicle that is used for the transportation or delivery of freight and merchandise or more than 10 passengers. See Kansas Statutes 8-126
• Truck tractor: means every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle or load so drawn. See Kansas Statutes 8-126
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• turnpike project: means any express highway or superhighway constructed under the provisions of this act, including all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage and other buildings and facilities that the authority may deem necessary for the operation of such project, together with all property, rights, easements, and interests that may be acquired by the authority for the construction or the operation of such project. See Kansas Statutes 68-2001
• turnpike revenue bonds: means revenue bonds of the authority authorized under the provisions of this act. See Kansas Statutes 68-2001
• Ultimate user: means a person who lawfully possesses a controlled substance for such person's own use or for the use of a member of such person's household or for administering to an animal owned by such person or by a member of such person's household. See Kansas Statutes 65-4101
• Unconditionally authorized to make a capital outlay tax levy: means that the school district has adopted a resolution under this section, has published the same, and either that the resolution was not protested or that it was protested and an election has been held by which the tax levy specified in the resolution was approved;

  (2) "statutorily prescribed mill rate" means: (A) Eight mills; (B) the mill levy rate in excess of eight mills if the resolution fixing such rate was approved at an election prior to the effective date of this act; or (C) the mill levy rate in excess of eight mills if no petition or no sufficient petition was filed in protest to a resolution fixing such rate in excess of eight mills and the protest period for filing such petition has expired;

  (3) "asbestos control project" means any activity which is necessary or incidental to the control of asbestos-containing material in buildings of school districts and includes, but not by way of limitation, any activity undertaken for the removal or encapsulation of asbestos-containing material, for any remodeling, renovation, replacement, rehabilitation or other restoration necessitated by such removal or encapsulation, for conducting inspections, reinspections and periodic surveillance of buildings, performing response actions, and developing, implementing and updating operations and maintenance programs and management plans;

  (4) "asbestos" means the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite, tremolite, and actinolite; and

  (5) "asbestos-containing material" means any material or product which contains more than 1% asbestos. See Kansas Statutes 72-53,113

• Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201
• 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}
• Universal service: means telecommunications services and facilities which include: single party, two-way voice grade calling; stored program controlled switching with vertical service capability; E-911 capability; tone dialing; access to operator services; access to directory assistance; and equal access to long distance services. See Kansas Statutes 66-1,187
• Unprofessional conduct: means :

  (1) Using fraudulent or false advertisement. See Kansas Statutes 65-1516

• Unzoned commercial or industrial area: means an area which is not zoned by state or local law, regulation or ordinance, which is within 660 feet of the nearest edge of the right-of-way of the controlled area, and on which there is located one or more permanent structures devoted to a commercial or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, which meets all the requirements specified in subsection (h) of Kan. See Kansas Statutes 68-2232
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urn: means a receptacle designed to encase the cremated remains. See Kansas Statutes 65-1760
• usual place of abode: when applied to the service of any process or notice, means the place usually occupied by a person. See Kansas Statutes 77-201
• Utility: means any "public utility" as defined in Kan. See Kansas Statutes 66-1601
• Utility service: means the provision of electricity, gas, water, telecommunication or any other service or commodity furnished by the utility for compensation. See Kansas Statutes 66-1601
• utility trailer: means any trailer of a rental fleet of 250 or more trailers, each having an empty weight of 2,000 pounds or less and a gross weight of not more than 8,000 pounds; and

  (p) "converter gear" means an auxiliary axle assembly having a fifth wheel used for the purpose of converting a semi-trailer to a full trailer. See Kansas Statutes 8-1,100

• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Vegetation control: means a program authorized hereunder, providing for the control of vegetation on state rights-of-way which shall be of benefit to the state as well as providing assistance to sign owners. See Kansas Statutes 68-2232
• Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks. See Kansas Statutes 8-126
• Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. See Kansas Statutes 66-1329
• Vehicle functions: means services relating to the application, processing, auditing or distribution of original or renewal vehicle registrations, certificates of title, driver's licenses and division-issued identification cards associated with services and functions set out in articles 1, 2 and 13 ofchapter 8 of the Kansas Statutes Annotated, and amendments thereto. See Kansas Statutes 8-126
• vehicle identification number: means an identifying number, serial number, engine number, transmission number or other distinguishing number or mark, placed on a vehicle, engine, transmission or other essential part by its manufacturer or by authority of the division of vehicles or the Kansas highway patrol or in accordance with the laws of another state or country. See Kansas Statutes 8-116a
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Visible: means capable of being seen without visual aid by a person of normal visual acuity. See Kansas Statutes 68-2232
• Vital statistics: includes the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to birth, adoption, legitimation, death, stillbirth, marriage, divorce, annulment of marriage, induced termination of pregnancy, and data incidental thereto. See Kansas Statutes 65-2401
• Ward: means a person who has a guardian. See Kansas Statutes 77-201
• Warning light: means a warning light which conforms to the standards set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways and other standards issued or endorsed by the federal highway administrator, and as adopted by the secretary of transportation pursuant to Kan. See Kansas Statutes 68-2101
• Waste-to-energy facility: means a facility that processes solid waste to produce energy or fuel. See Kansas Statutes 65-3402
• Water supply system: shall mean the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household use or any use by humans. See Kansas Statutes 65-4501
• Waters of the state: means all streams and springs, and all bodies of surface and subsurface waters within the boundaries of the state;

  (b) "discharge" means, when used without qualification, the causing or permitting of sewage to enter, either directly or indirectly, into waters of the state;

  (c) "indirect discharge" means the introduction of pollutants into a publicly owned treatment works from any nondomestic source; and

  (d) "direct discharge" means the discharge of sewage into waters of the state. See Kansas Statutes 65-161

• Waters of the state: means all streams and springs, and all bodies of surface or groundwater, whether natural or artificial, within the boundaries of the state. See Kansas Statutes 65-3402
• Weapon: means : (A) Any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any weapon described in the preceding example; (C) any firearm muffler or firearm silencer; (D) any explosive, incendiary, or poison gas: (i) Bomb; (ii) grenade; (iii) rocket having a propellant charge of more than four ounces; (iv) missile having an explosive or incendiary charge of more than 1/4 ounce; (v) mine; or (vi) similar device; (E) any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 inch in diameter; (F) any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled; (G) any bludgeon, sandclub, metal knuckles or throwing star; (H) any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement; or (I) any electronic device designed to discharge immobilizing levels of electricity, commonly known as a stun gun. See Kansas Statutes 72-6131
• white bread: means any bread, whether baked in a pan or on a hearth or screen which is commonly known or usually represented and sold as white bread, including but not restricted to Vienna bread, French bread, Italian bread and any bread which is included in the definition and standard of identity for "white bread" adopted by the secretary of health and environment under authority vested in it by the general food and drug acts. See Kansas Statutes 65-2301
• Wholesaler: means any person engaged in the distribution of inspected and passed meat, meat products, poultry or poultry products. See Kansas Statutes 65-6a18
• Work-site utility vehicle: means any motor vehicle that is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more nonhighway tires, a steering wheel and bench or bucket-type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. See Kansas Statutes 8-126
• Working day: means every day Monday through Friday beginning at 12:01 a. See Kansas Statutes 66-1802
• Wrecker or towing service: means the act of transporting, towing or recovering with a wrecker, tow truck or car carrier, any vehicle not owned by the operator of the wrecker, tow truck or car carrier for which the operator receives compensation or other personal gain, either directly or indirectly, except that such terms shall not include a private wrecker or towing service. See Kansas Statutes 66-1329
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Written informed request: means the request for the prescription of amygdalin (laetrile) and the form for such request established under Kan. See Kansas Statutes 65-6b01
• Zoned commercial or industrial areas: means those areas which are comprehensively zoned for business, industry, commerce or trade pursuant to a state or local zoning ordinance or resolution or an area which is zoned for business, industry, commerce or trade pursuant to a state or local zoning ordinance or regulation. See Kansas Statutes 68-2232