Kansas Statutes
Article 50 - Department Of Commerce
74-5002w Rights preserved in legal actions and proceedings.

74-5002w. Rights preserved in legal actions and proceedings. (a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 6; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 74 - State Boards, Commissions And Authorities

Article 50 - Department Of Commerce

74-5001a Purpose of department.

74-5002 Declaration of necessity and public policy.

74-5002a Department of commerce, creation; secretary of commerce, appointment and compensation; officers and employees; location of offices; application of K-GOAL.

74-5002b Powers, duties and functions of department and secretary of economic development transferred.

74-5002c Successors and continuation of department and secretary of economic development.

74-5002d Rules and regulations, orders and directives continued in effect until superseded.

74-5002e Application of documentary references and designations.

74-5002l Resolution of conflicts concerning disposition of property, powers, duties, functions, appropriations, personnel or records.

74-5002m Rights preserved in legal actions and proceedings.

74-5002o Organization of department; policies governing administration.

74-5002p Powers, duties and functions of department of commerce and housing transferred to department of commerce; application of documentary references and designations; rules and regulations, orders and directives of secretary continued in effect u...

74-5002q Rules and regulations to provide objective scoring matrix for awarding housing tax credits.

74-5002r Rules and regulations.

74-5002s Division of workforce development; establishment; administration; director, appointment; annual legislative report by division monitoring unit.

74-5002t Successors of division and director of employment and training within department of human resources; force and effect of actions performed in exercise of transferred duties; application of documentary references and designations; rules and r...

74-5002u Transfer of fund balances and assumption of liability for compensation and salaries by department.

74-5002v Resolution of conflicts regarding disposition of property, powers, duties, functions, appropriations, personnel and records.

74-5002w Rights preserved in legal actions and proceedings.

74-5002x Transfer of officers and employees; rights and benefits preserved.

74-5002y Authorization to contract for data processing services and training.

74-5005 Powers and duties of department.

74-5007a Purpose and powers of business development division.

74-5008a Division of business development, establishment and administration; director of business development, appointment, authority and compensation.

74-5008c Division of community development, establishment, administration and purpose; director of community development, appointment, authority and compensation.

74-5009 Division of community development; powers.

74-5010a Office of minority and women business development establishment and administration; assistant director for minority and women business development.

74-5011 Same; duties; cooperation by political subdivisions.

74-5012 Same; authorization to enter into certain agreements.

74-5014 Organization of department; authority of division heads and personnel; appointment of officers and employees.

74-5015 Officers and employees, retention of benefits and rights.

74-5016 Property, records and unexpended balances of appropriations transferred.

74-5017 Resolution of conflicts by governor.

74-5018 Rights saved in legal actions and proceedings.

74-5020 Department and office of secretary of economic development abolished.

74-5021 Community resource act; citation.

74-5022 Same; legislative findings and declaration; purpose of act.

74-5022a Community resource act; administration of act transferred to assistant provost, division of continuing education of Kansas state university.

74-5023 Same; definitions.

74-5024 Same; administration of act; allocation and distribution of grants; powers, duties and functions of assistant provost; rules and regulations.

74-5025 Same; training and technical assistance; contracts.

74-5026 Same; application for grants; form, manner, time; approval; certified budget.

74-5027 Same; contents of application.

74-5028 Same; grants; amounts; limitations; allocation; reports.

74-5029 Declaration of public policy; development of agricultural products.

74-5033 Contracts for promotional advertising services; bidding exemption.

74-5037 State agencies required to file copies of forms and documents required to be filed by business or commercial enterprises.

74-5038 Same; determination of forms to be filed; maintenance of file.

74-5039 "State agency" defined.

74-5047 Division of trade development, establishment, administration and purpose; director of trade development, appointment, authority and compensation.

74-5048 Division of trade development; powers.

74-5049 Performance review of departmental activities and divisions; annual report; accountability; recommendations for accomplishment of purposes.

74-5055 Kansas partnership fund; administration; disposition of moneys in fund; deposits, loan payments and revenue bond proceeds; Kansas development finance authority, revenue bonds authorized.

74-5056 Loans to local governments for infrastructure improvement projects; powers and duties of secretary of commerce; project eligibility criteria; loan agreements, terms; rules and regulations; definitions.

74-5057 Loans to local governments for infrastructure improvement projects; sources of loan repayment revenue, disposition; bonded indebtedness limitation exemptions.

74-5058 Kansas private activity bond allocation act; citation.

74-5059 Same; definitions.

74-5060 Same; computation of state ceiling and allocation among governmental issuers; application, approval or denial; expiration of allocation, extension; certification of compliance with federal internal revenue code; administrative application fee...

74-5061 Same; governmental issuer required to report and confirm issuance; consequences of failure to comply.

74-5062 Same; review of allocation; assistance of advisory committee.

74-5063 Same; computation of state ceiling and allocation among governmental issuers for 1990; application, approval or denial; expiration of allocation, extension; certification of compliance with federal internal revenue code.

74-5065 Definitions.

74-5066 Administration of programs; powers and duties of secretary; contractual agreements authorized; costs; exemption from competitive bidding procedures; availability; goals and objectives; prohibitions on use of funds.

74-5067 Job training agencies; proposals for participation in programs; contractual agreements; performance criteria and qualifications; exemptions from certain requirements and restrictions.

74-5068 Cooperation and assistance required of certain state agencies.

74-5069 Citation of act.

74-5070 Definitions.

74-5071 Export transactions, agreements to guarantee against commercial credit risks; memoranda of understanding; administration of act, rules and regulations.

74-5072 Guarantees against commercial credit risks; approval of agreements; amount, limitations; effective period; conditions; priorities; application fee.

74-5073 Export loan guarantee review committee; establishment; composition; qualifications; appointment; terms; powers and duties; officers; meetings; quorum; compensation and expenses.

74-5074 Export loan guarantee fund; establishment; administration; uses; interest earned transferred from general fund.

74-5080 Report of activities; preparation; submission to commerce and economic development committees; required information.

74-5092 Short title.

74-5093 Definitions.

74-5094 Purposes of act.

74-5095 Community strategic planning grant committee; composition; attached to department; compensation and expense allowances.

74-5096 Grant administration by department.

74-5097 Planning and action grants to city-county economic development organizations; neighborhood revitalization organizations; guidelines for competitive award of grants; limits; economic development organization report to department of commerce; a...

74-5098 Authorized uses of grant proceeds; limitations.

74-5099 Cooperative undertakings by city-county economic development organizations.

74-50,100 Authority to award grants terminated.

74-50,101 Evaluation of plans by secretary; report to governor and legislature.

74-50,102 Citation of act.

74-50,103 Definitions.

74-50,104 Administration of act; powers and duties of secretary of commerce; rules and regulations, standards and priorities for projects; limit on project costs; notice of project approval.

74-50,105 Project agreements between educational institutions and employers; provisions, approval; expenditures for major project investments; lien for required employer payments; deferral of program costs, limit.

74-50,106 Review and approval of proposed agreements by secretary of commerce; eligibility.

74-50,107 Debt service and direct funding rates for IMPACT program, limitation; crediting amounts to IMPACT program funds; duties of secretary of revenue; job creation program fund, crediting amounts from various sources.

74-50,108 IMPACT program services fund; administration; amounts credited to fund; authorized expenditures; transfers to state general fund, when.

74-50,109 IMPACT program repayment fund; administration; authorized expenditures; reserve accounts; transfers to IMPACT program services fund, when.

74-50,110 Approval of IMPACT program activities for purposes of financing with bonds issued by Kansas development finance authority; sunset of authority to issue bonds.

74-50,111 Annual report of IMPACT program activities.

74-50,112 Same; prohibiting use of classes or training under SKILL program as basis for financial payments to educational institutions.

74-50,113 Kansas enterprise zone act.

74-50,114 Same; definitions.

74-50,115 Same; sales tax exemption; requirements.

74-50,116 Nonmetropolitan regional business program; criteria.

74-50,117 Quarterly list of designated nonmetropolitan regions to revenue.

74-50,118 Nonmetropolitan regions; annual report.

74-50,119 Same; rules and regulations.

74-50,120 Citation of act.

74-50,121 Definitions.

74-50,122 Application for benefits; agreement for distributions; terms and conditions; termination upon noncompliance; restrictions on use of benefits.

74-50,123 Annual report of economic effects by secretary; loss of qualified industrial manufacturer designation.

74-50,131 Definitions; qualifications; certification of eligibility; rules and regulations.

74-50,132 Tax credits for qualified firms.

74-50,133 High performance incentive fund created; matching grants provided for business assistance and consulting services; preference for qualified firms.

74-50,135 Effective dates.

74-50,135a Effective date.

74-50,136 Economic revitalization and reinvestment act; purpose; definitions; project application, eligibility, approval; agreement for benefits; bond issue, conditions, funding, limitations on use of proceeds; audits.

74-50,150 State affordable airfare fund; purpose and administration; administrative fee; duties of secretary of commerce; reports to legislature; study by legislative budget committee.

74-50,151 Kansas economic opportunity initiatives fund (KEOIF); authorized uses; approval of expenditures; guidelines; review of proposed projects; estimates of receipts to state economic development initiatives fund; transfers to fund of amounts suf...

74-50,153 Business assistance programs, priority for entities providing services previously provided by certain state institutions.

74-50,154 Tax credits for contributions to certain regional foundations providing economic development services; transfer of funds to enterprise facilitation fund; rules and regulations establishing criteria for proposals designating and selecting fo...

74-50,155 Establishing the enterprise facilitation fund; limitations on expenditures from; rules and regulations for fund disbursements.

74-50,156 Establishing the agriculture marketing and promotions program; powers, duties and objectives thereof; agricultural value added center; trademark registration; report to the legislature; fulfillment of contracts.

74-50,163 Agriculture marketing and promotions advisory board; members; duties.

74-50,181 Title and citation of act.

74-50,182 Definitions.

74-50,183 Athletic commission, established; members, qualifications; terms; compensation.

74-50,184 Same; background investigations.

74-50,185 Inspectors, agents and other personnel; rules and regulations.

74-50,186 Supervisory powers and duties of commission; licenses; fees; gross receipts tax; subpoenas.

74-50,187 Rules and regulations.

74-50,188 Athletic fee fund.

74-50,189 Licenses; conditions of issuance.

74-50,190 Sports contests; three judges.

74-50,191 Medical suspensions; medical retirement.

74-50,192 Unlicensed regulated sports; injunctions, restraining or other orders.

74-50,193 Complaints against licensees; suspension, revocation or refusal to issue license, grounds.

74-50,194 Contestants, license required.

74-50,195 Certain sports exempt from regulation under act.

74-50,196 Liability insurance, surety bond or indemnity coverage.

74-50,197 Civil penalties.

74-50,201 Individual development account program act.

74-50,202 Same; definitions.

74-50,203 Same; responsibilities of secretary and department of commerce; community-based organization proposals; administrative costs, limitations.

74-50,204 Same; account holder; purposes for withdrawal of moneys.

74-50,205 Same; establishment of account by financial institution; duties; deposits, limitations.

74-50,206 Same; inappropriate purpose for withdrawal of moneys; forfeiture of matching moneys, exceptions; transfer of account upon death of account holder.

74-50,207 Same; account earnings exempt from privilege taxation; account funds disregarded in public assistance eligibility determination.

74-50,208 Same; income tax credit for contributions by program contributors.

74-50,209 Qualified older Kansan; access to workforce training; strategic plan required.

74-50,210 Title and intent of act.

74-50,211 Definitions.

74-50,212 Qualified company; eligibility requirements; benefits; retention incentives.

74-50,213 Application process; agreement with secretary of commerce; participation in other programs; limitation on total amount of benefits.

74-50,214 Documentation submitted to department of revenue; rules and regulations.

74-50,215 Annual review of qualified company; books and records; audits.

74-50,216 Annual report.

74-50,217 Promoting employment across Kansas; form required to claim tax benefits; development of; contents; filing; confidentiality.

74-50,218 Promoting employment across Kansas; audit conducted by legislative post audit; requirements.

74-50,219 Promoting employment across Kansas; legislative members prohibited from benefiting under act; when.

74-50,220 Recovery zone bonds; allocation; rules and regulations.

74-50,221 Qualified energy conservation bonds; allocation; rules and regulations.

74-50,222 Rural opportunity zones; definitions.

74-50,223 Same; county participation, procedures; resident individuals, payment of outstanding student loan balances.

74-50,224 Job creation program fund; expenditures; purposes; annual report.

74-50,225 Economic development incentive programs; application fees; rules and regulations.

74-50,226 Economic development incentive program information database; definitions.

74-50,227 Same; format; internet access; information to be published; exceptions, reports to legislative committees, confidentiality under Kansas open records and Kansas open meetings acts.

74-50,228 Same; presentations by secretary to legislative committees.