Session of 2024
Senate Substitute for HOUSE BILL No. 2645
By Committee on Education
3-21
AN ACT concerning postsecondary education; relating to scholarship
programs; removing limits on Kansas nursing service scholarship
awards and modifying the interest rate terms and repayment obligations
for such awards; abolishing the nursing service scholarship review
committee; modifying financial limitations on Kansas hero's
scholarship awards and broadening eligibility requirements for such
awards; amending K.S.A. 74-3292, 74-3293, 74-3294, 74-3295, 74-
3296, 74-3297 and 74-3298 and K.S.A. 2023 Supp. 75-4364 and
repealing the existing sections; also repealing K.S.A. 74-3299.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-3292 is hereby amended to read as follows: 74-
3292. As used in this act:
(a) "Committee" means the nursing service scholarship review
committee established under K.S.A. 74-3299, and amendments thereto.
(b) "Executive officer" means the chief executive officer of the state
board of regents appointed under K.S.A. 74-3203a, and amendments
thereto.
(c) "Mental health or treatment facility" means:
(1) Any private treatment facility as such term is defined in K.S.A.
59-29b46, and amendments thereto;
(2) any public treatment facility as such term is defined in K.S.A. 59-
29b46, and amendments thereto;
(3) any community mental health center organized pursuant to the
provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto,
and licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
(4) any mental health clinic organized pursuant to the provisions of
K.S.A. 65-211 through 65-215, and amendments thereto, and licensed
pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
(5) any psychiatric hospital, psychiatric residential treatment facility
or residential care facility as such terms are defined in K.S.A. 39-2002,
and amendments thereto;
(6) any hospital as defined in K.S.A. 65-425, and amendments
thereto, provided: (A) The hospital has a psychiatric unit; and (B) the
scholarship recipient is required to fulfill the nursing service scholarship's
employment obligations as an employee in the psychiatric unit of the
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hospital; or
(7) Osawatomie state hospital, Rainbow mental health facility, Larned
state hospital, Parsons state hospital and training center or the Kansas
neurological institute.
(d) "Rural area" means any county of this state other than Douglas,
Johnson, Sedgwick, Shawnee and Wyandotte counties.
(e)(b) "Mental health or treatment facility" means:
(1) Any private treatment facility as defined in K.S.A. 59-29b46, and
amendments thereto;
(2) any public treatment facility as defined in K.S.A. 59-29b46, and
amendments thereto;
(3) any community mental health center organized pursuant to the
provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto,
and licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
(4) any mental health clinic organized pursuant to the provisions of
K.S.A. 65-211 through 65-215, and amendments thereto, and licensed
pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
(5) any psychiatric hospital, psychiatric residential treatment facility
or residential care facility as such terms are defined in K.S.A. 39-2002,
and amendments thereto;
(6) any hospital as defined in K.S.A. 65-425, and amendments
thereto, if:
(A) The hospital has a psychiatric unit; and
(B) the scholarship recipient is required to fulfill the nursing service
scholarship's employment obligations as an employee in the psychiatric
unit of the hospital; or
(7) Osawatomie state hospital, Rainbow mental health facility,
Larned state hospital, Parsons state hospital and training center or the
Kansas neurological institute.
(c) "School of nursing" means a school within the state of Kansas
which that is approved by the state board of nursing to grant an associate
degree or a baccalaureate degree in professional nursing or a certificate of
completion in practical nursing and is:
(1) Under the control and supervision of the state board of regents;
(2) a municipal university; or
(3) a not-for-profit independent institution of higher education that
has its main campus or principal place of operation in Kansas, maintains
open enrollment as such term is defined in K.S.A. 74-32,120, and
amendments thereto, and is operated independently and not controlled or
administered by the state or any agency or subdivision thereof.
(f) "Sponsor" means any adult care home licensed under the adult
care home licensure act, any medical care facility licensed under K.S.A.
65-425 et seq., and amendments thereto, any home health agency licensed
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under K.S.A. 65-5101 et seq., and amendments thereto, any local health
department as defined in K.S.A. 65-241, and amendments thereto, any
mental health or treatment facility and any state agency which employs
licensed practical nurses or licensed professional nurses.
(d) "Sponsor" means any of the following that is located in a rural
opportunity zone as defined in K.S.A. 74-50,222, and amendments thereto:
(1) An adult care home licensed under the adult care home licensure
act, K.S.A. 39-923 et seq., and amendments thereto;
(2) a medical care facility licensed under K.S.A. 65-425 et seq., and
amendments thereto;
(3) a home health agency licensed under K.S.A. 65-5101 et seq., and
amendments thereto;
(4) a local health department as defined in K.S.A. 65-241, and
amendments thereto;
(5) a mental health or treatment facility; or
(6) a state agency that employs licensed practical nurses or licensed
professional nurses.
Sec. 2. K.S.A. 74-3293 is hereby amended to read as follows: 74-
3293. (a) There is hereby established the nursing service scholarship
program. A scholarship may be awarded under the nursing service
scholarship program to any qualified nursing student enrolled in or
admitted to a school of nursing in a course of instruction leading to
licensure as a licensed professional nurse or licensed practical nurse. A
nursing student shall not be required to be a resident of Kansas to qualify
for a scholarship under the nursing service scholarship program. The
number of new scholarships awarded under the nursing service scholarship
program in each year shall not exceed 250. Of this number, except as
otherwise provided in this section, 100 scholarships shall be awarded to
nursing students whose sponsors are located in rural areas and who are
enrolled in a course of instruction leading to licensure as a registered
professional nurse, 50 scholarships shall be awarded to nursing students
enrolled in a course of instruction leading to licensure as a licensed
practical nurse and the remaining 100 scholarships shall be awarded to any
nursing students who have a sponsor and who are enrolled in a course of
instruction leading to licensure as a registered professional nurse. If all
scholarships authorized to be awarded under this section to nursing
students whose sponsors are located in rural areas have not been awarded
by a date established by the state board of regents, the scholarships which
have not been awarded by that date may be awarded to nursing students
who have a sponsor and who are otherwise qualified to be awarded a
scholarship under the nursing service scholarship program. The
determination of the individuals qualified for such scholarships shall be
made by the executive officer after seeking advice from the committee.
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Within each scholarship category prescribed by this subsection,
Scholarships shall be awarded on a priority basis to qualified applicants:
(1) Whose sponsor is a mental health or treatment facility; and (2) who
have the greatest financial need for such scholarships. To the extent
practicable and consistent with the other provisions of this section,
consideration shall be given to minority applicants.
(b) Scholarships awarded under the nursing service scholarship
program shall be awarded for the length of the course of instruction
leading to licensure as a licensed professional nurse or licensure as a
licensed practical nurse in which the student is enrolled in or admitted to
unless otherwise terminated before the expiration of such period of time.
Such scholarships shall provide to a nursing student:
(1) If the nursing student is enrolled in a school of nursing operated
by a state educational institution, an amount not to exceed 70% of the in-
state tuition cost of attendance for an academic year at the school of
nursing in which the nursing student is enrolled; or
(2) if the nursing student is enrolled in a school of nursing not
operated by a state educational institution, the lesser of: (A) An amount not
to exceed 70% of the in-state tuition cost of attendance for a year at the
school of nursing in which the nursing student is enrolled; or (B) an
amount not to exceed 70% of the average amount of the in-state tuition
cost of attendance for a year at the schools of nursing operated by the state
educational institutions.
(c) (1) Except as provided in paragraph (2), the amount of each
scholarship shall be established annually by the executive officer and shall
be financed equally by the sponsor of the nursing student and by the state
of Kansas except if:
(1) The sponsor is located in a rural area or is a health care facility
which has less than 100 beds, and is not a mental health or treatment
facility pursuant to K.S.A. 74-3292(c)(1), (c)(5) or (c)(6), and amendments
thereto, the total amount of the scholarship financed by such sponsor shall
not exceed $1,000 and the balance of such amount shall be paid by the
state of Kansas; or
(2) the sponsor is a mental health or treatment facility pursuant to
K.S.A. 74-3292(c)(2), (c)(3), (c)(4) or (c)(7), and amendments thereto, the
amount of the scholarship shall be paid by the state and such sponsor shall
not finance any amount of the scholarship.
(2) If the nursing student has a sponsor, then the amount of the
scholarship for such nursing student shall not exceed the amount
established under paragraph (1) multiplied by 125%.
Sec. 3. K.S.A. 74-3294 is hereby amended to read as follows: 74-
3294. (a) An applicant for a scholarship under the nursing service
scholarship program shall provide to the executive officer, on forms
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supplied by the executive officer, the following information:
(1) The name and address of the applicant;
(2) the name and address of the school of nursing in which the
applicant is enrolled or to which the applicant has been admitted;
(3) the name and address of the sponsor of the applicant and a
verified copy of the agreement entered into by the applicant and the
sponsor in accordance with the provisions of the nursing service
scholarship program; and the name and address of the sponsor of the
applicant and a verified copy of the agreement entered into by the
applicant and the sponsor; and
(4) any additional information which that may be required by the
executive officer.
(b) As a condition to awarding a scholarship under the nursing
service scholarship program, the executive officer and the applicant for a
scholarship shall enter into an agreement which that shall require that the
scholarship recipient:
(1) Complete the required course of instruction and, within six
months after completion, attain licensure with the Kansas state board of
nursing as a licensed professional nurse or a licensed practical nurse;
(2) complete the free application for federal student aid for each
academic year for which scholarship funds are awarded under the
agreement;
(3) within six months after attaining licensure, engage in the full-time
practice of nursing, or the equivalent to full-time practice, in the
employment of the sponsor in accordance with the agreement entered into
by the scholarship recipient and the sponsor Kansas and continue such
full-time practice, or the equivalent to full-time practice, for the total
amount of time required under the agreement, which shall be for a period
of not less than the length of the course of instruction for which
scholarship assistance was provided, or engage in the part-time practice of
nursing in the employment of the sponsor in accordance with the
agreement entered into by the scholarship recipient and the sponsor
Kansas and continue such part-time practice for the total amount of time
required under the agreement, which shall be for a period of time that is
equivalent to full time, as determined by the state board of regents,
multiplied by the length of the course of instruction for which scholarship
assistance was provided. If the scholarship recipient has a sponsorship
agreement, then the scholarship recipient shall engage in the practice of
nursing in the employment of such sponsor in accordance with such
sponsorship agreement for the period of time required under this
paragraph, except as provided in K.S.A. 74-3296, and amendments
thereto;
(3)(4) commence the full-time practice of nursing, or the equivalent
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to full-time practice, or the part-time practice of nursing, within six months
after registration in accordance with the agreement entered into by the
scholarship recipient and the sponsor, continue such practice for the total
amount of time required under the agreement, and comply with such other
terms and conditions as may be specified by such agreement;
(4)(5) maintain records and make reports to the executive officer as
may be required by the executive officer to document the satisfaction of
the obligations under the nursing service scholarship program and under
agreements entered into with the sponsor pursuant thereto and with the
sponsor, if any; and
(5)(6) upon failure to satisfy an agreement to engage in the full-time
practice of nursing, or the equivalent to full-time practice, or the part-time
practice of nursing, for the required period of time under any such
agreement, the requirements of the agreement with the state board of
regents, repay to the state and to the sponsor the amounts as provided in
K.S.A. 74-3295, and amendments thereto.
(c) Upon the awarding of a scholarship under the nursing service
scholarship program, the sponsor shall pay to the executive officer the
amount of such scholarship to be financed by the sponsor, if any. Each
such amount shall be deposited in the nursing service scholarship program
fund in accordance with K.S.A. 74-3298, and amendments thereto.
(d) The sponsorship by a scholarship recipient may be transferred
from one sponsor to another upon the agreement of the original sponsor,
the scholarship recipient and the sponsor to which the sponsorship is to be
transferred. The terms, conditions and obligations of the transferred
agreement shall be substantially similar to the terms, conditions and
obligations of the original agreement. No sponsorship shall be transferred
unless the agreement transferring such sponsorship provides for service in
a rural area or in a mental health or treatment facility and is approved by
the executive officer as consistent with the provisions of the nursing
service scholarship program and as consistent with any rules and
regulations relating thereto adopted by the state board of regents in
accordance with the provisions of K.S.A. 74-3297, and amendments
thereto.
Sec. 4. K.S.A. 74-3295 is hereby amended to read as follows: 74-
3295. (a) Except as provided in K.S.A. 74-3296, and amendments thereto,
upon the failure of any person to satisfy the obligation under any
agreement entered into pursuant to the nursing service scholarship
program, such person shall pay to the executive officer an amount equal to
the total amount of money received by such person pursuant to such
agreement which that was financed by the state of Kansas plus accrued
interest at a rate which is equivalent to the interest rate applicable to loans
made under the federal PLUS program at the time such person first entered
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into an agreement plus five percentage points and shall pay to the sponsor
an amount equal to the total amount of money received by such person
pursuant to such agreement which was financed by the sponsor plus
accrued interest at a rate which is equivalent to the interest rate applicable
to loans made under the federal PLUS program at the time such person
first entered into an agreement plus five percentage points of 5% per
annum. Interest shall begin to accrue on the date of the action or
circumstances that cause such person to fail to satisfy the obligations of
such agreement, as determined by the executive officer based upon the
circumstances of each individual case. Installment payments of any such
amounts may be made in accordance with the provisions of agreements
entered into by the scholarship recipient and the sponsor or if no such
provisions exist in such agreements, in accordance with rules and
regulations of the state board of regents, except that. Such installment
payments shall commence six months after the date of the action or
circumstances that cause the failure of the person to satisfy the obligations
of such agreements, as determined by the executive officer based upon the
circumstances of each individual case on which interest begins to accrue.
Amounts paid under this section to the executive officer shall be deposited
in the nursing service scholarship repayment fund in accordance with
K.S.A. 74-3298, and amendments thereto.
(b) The state board of regents is authorized to turn any repayment
account arising under the nursing service scholarship program over to a
designated loan servicer or collection agency, the state not being involved
other than to receive payments from the loan servicer or collection agency
at the interest rate prescribed under this section.
Sec. 5. K.S.A. 74-3296 is hereby amended to read as follows: 74-
3296. (a) (1) Except as otherwise specified in the agreement with the
sponsor, an obligation under any agreement entered into under the nursing
student scholarship program shall be postponed:
(1)(A) During any required period of active military service;
(2)(B) during any period of service as a part of volunteers in service
to America (VISTA);
(3)(C) during any period of service in the peace corps;
(4)(D) during any period of service commitment to the United States
public health service;
(5)(E) during any period of religious missionary work conducted by
an organization exempt from tax under section 501(c)(3) of the federal
internal revenue code as in effect on December 31, 2000 July 1, 2024;
(6)(F) during any period of time the person obligated is unable
because of temporary medical disability to practice nursing;
(7)(G) during any period of time the person obligated is enrolled and
actively engaged on a full-time basis in a course of study leading to a
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degree in the field of nursing which that is higher than that attained
formerly by the person obligated;
(8)(H) during any period of time that the person obligated is on job-
protected leave under the federal family and medical leave act of 1993; or
(9)(I) during any period of time the state board of regents determines
that the person obligated is unable because of special circumstances to
practice nursing.
(2) Except for clauses (6), (8) and (9) paragraphs (1)(F), (1)(H) and
(1)(I), an obligation under any agreement entered into as provided in the
nursing service scholarship program shall not be postponed more than five
years from the time the obligation was to have been commenced under any
such agreement.
(3) An obligation under any agreement entered into as provided in the
nursing service scholarship program shall be postponed under clause (6)
paragraph (1)(F) during the period of time the medical disability exists.
(4) An obligation under any agreement entered into as provided in the
nursing service scholarship program shall be postponed under clause (8)
paragraph (1)(H) during the period of time the person obligated remains
on FMLA leave.
(5) An obligation under any agreement entered into as provided in the
nursing service scholarship program shall be postponed under clause (9)
paragraph (1)(I) during the period of time the state board of regents
determines that the special circumstances exist.
(6) The state board of regents shall adopt rules and regulations
prescribing criteria or guidelines for determination of the existence of
special circumstances causing an inability to satisfy an obligation under
any agreement entered into as provided in the nursing service scholarship
program, and shall determine the documentation required to prove the
existence of such circumstances. Except for clauses (1), (6), (8) and (9)
paragraphs (1)(A), (1)(F), (1)(H) and (1)(I), an obligation under any
agreement entered into as provided in the nursing service scholarship
program shall not be postponed unless the postponement is approved by
the scholarship recipient's sponsor, if any, or is otherwise provided for in
the an agreement with the sponsor.
(b) An obligation under any agreement entered into as provided in the
nursing service scholarship program shall be satisfied if:
(1) If The obligation has been completed in accordance with the
agreement;
(2) if the person obligated dies;
(3) if, because of permanent physical disability, the person obligated
is unable to satisfy the obligation;
(4) if the person obligated fails to satisfy the requirements for
graduation from the school of nursing after making the best effort possible
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to do so; and
(5) if the person obligated fails to satisfy all requirements for a
permanent license to practice nursing in Kansas or has been denied a
license after applying for a license and making the best effort possible to
obtain such license; (6) if, because of bankruptcy, loss of licensure or
certification or other failure in the operations of the sponsor, the sponsor
cannot or will not employ the person obligated; or (7) if the sponsor
releases the person obligated from employment with the sponsor and the
person obligated otherwise completes the terms, conditions and obligations
of the agreement by engaging in the practice of nursing in Kansas.
(c) (1) An obligation under any sponsorship agreement shall be
satisifed if:
(A) Because of bankruptcy, loss of licensure or certification or other
failure in the operations of the sponsor, such sponsor cannot or will not
employ the person obligated; or
(B) the sponsor releases the person obligated from employment with
such sponsor.
(2) Notwithstanding the provisions of paragraph (1), the person
obligated shall still be required to complete the terms, conditions and
obligations of the agreement with the state board of regents by engaging in
the practice of nursing in Kansas.
Sec. 6. K.S.A. 74-3297 is hereby amended to read as follows: 74-
3297. (a) The state board of regents, after consultation with the committee,
may adopt rules and regulations establishing minimum terms, conditions
and obligations which shall be incorporated into the provisions of any
agreement entered into between a sponsor and the recipient of a
scholarship under the nursing service scholarship program. The terms,
conditions and obligations shall be consistent with the provisions of law
relating to the nursing service scholarship program. The terms, conditions
and obligations so established shall include, but not be limited to, the
terms of eligibility for financial assistance under the nursing service
scholarship program, the amount of financial assistance to be offered, the
length of employment with the sponsor required as a condition to the
receipt of such financial assistance, the circumstances under which the
employment obligation may be discharged or forgiven, the amount of
money required to be repaid because of failure to satisfy the obligations
under an agreement and the method of repayment and such other
additional provisions as may be necessary to carry out the provisions of
the nursing service scholarship program. The state board of regents, after
consultation with the committee, shall adopt rules and regulations as
necessary to administer the nursing service scholarship program.
(b) The state board of regents shall provide an annual written report
on the nursing service scholarship program to the senate and house
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committees on education.
Sec. 7. K.S.A. 74-3298 is hereby amended to read as follows: 74-
3298. (a) There is hereby created in the state treasury the nursing service
scholarship program fund. The executive officer shall remit all moneys
received from sponsors, which are paid under K.S.A. 74-3294, and
amendments thereto, pursuant to scholarship awards, or from a school of
nursing, which that are paid because of nonattendance or discontinued
attendance by scholarship recipients, to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the nursing service scholarship
program fund. All expenditures from the nursing service scholarship
program fund shall be for scholarships awarded under the nursing service
scholarship program or refunds to sponsors and shall be made in
accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the
executive officer or by a person designated by the executive officer.
(b) The nursing student scholarship discontinued attendance fund is
hereby abolished. On the effective date of this act, the director of accounts
and reports shall transfer all moneys remaining in the nursing student
scholarship discontinued attendance fund to the nursing service
scholarship program fund.
(c) There is hereby created in the state treasury the nursing service
scholarship repayment fund. The executive officer shall remit all moneys
received for amounts paid under K.S.A. 74-3295, and amendments thereto,
to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the nursing service scholarship repayment fund. All expenditures from
the nursing service scholarship repayment fund shall be for scholarships
awarded under the nursing service scholarship program and shall be made
in accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the
executive officer or by a person designated by the executive officer.
Sec. 8. K.S.A. 2023 Supp. 75-4364 is hereby amended to read as
follows: 75-4364. (a) This section shall be known and may be cited as the
Kansas hero's scholarship act.
(b) As used in this section:
(1) "Accident" means an undesigned, sudden and unexpected
traumatic event, usually of an afflictive or unfortunate nature and often,
but not necessarily, accompanied by a manifestation of force. An
"accident" shall be identifiable by the time and place of occurrence,
produce at the time symptoms of an injury and occur during a single work
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shift. The "accident" shall be the prevailing factor in causing the injury.
(2) "Covered person" means a public safety officer or Kansas resident
in military service to whom this section applies.
(3) "Dependent" means:
(A) A birth child, adopted child or stepchild; or
(B) any child other than the foregoing who is actually dependent in
whole or in part on the individual and who is related to such individual by
marriage or consanguinity.
(4) "Emergency medical service provider" means the same as defined
in K.S.A. 65-6112, and amendments thereto.
(5) "Fees" mean means those charges required by an institution to be
paid by every student as a condition of enrollment. "Fees" do does not
include all other charges associated with the student's academic program
or living costs.
(6) "Firefighter" means a person who is:
(A) Employed by any city, county, township or other political
subdivision of the state and who is assigned to the fire department thereof
and engaged in the fighting and extinguishment of fires and the protection
of life and property therefrom; or
(B) a volunteer member of a fire district, fire department or fire
company.
(7) "Injured or disabled" means that the covered person, because of
the injury or disability, has been rendered incapable of performing the
duties of the following:
(A) The position being performed at the time the injury or disability
was sustained; and
(B) any position that is at or above the pay level of the position the
covered person was in at the time the injury or disability was sustained, if
the covered person is a paid employee.
(8) "Injury" and "disability" mean any lesion or change in the
physical structure of the body causing damage or harm thereto that is not
transitory or minor. "Injury" and "disability" shall occur only by accident,
intentional act of violence or repetitive trauma.
(9) (A) "Intentional act of violence" means one or a combination of
the following:
(i) A deliberate act by a third party that results in inflicting harm on a
covered person while such person is performing those duties; or
(ii) a deliberate act by a covered person in the reasonable
performance of duties as a covered person that results in the infliction of
harm on the covered person.
(B) An "intentional act of violence" shall be identifiable by the time
and place of occurrence, produce at the time symptoms of an injury and
occur during a single work shift. The "intentional act of violence" shall be
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the prevailing factor in causing the injury.
(C) "Intentional act of violence" does not include repetitive trauma in
any form.
(10) "Kansas postsecondary educational institution" means and
includes community colleges, the municipal university, state educational
institutions, the institute of technology at Washburn university and
technical colleges.
(11) "Law enforcement officer" means a person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for violation of the laws of the state of
Kansas or ordinances of any municipality thereof or with a duty to
maintain or assert custody or supervision over persons accused or
convicted of crime, and includes wardens, superintendents, directors,
security personnel, officers and employees of adult and juvenile
correctional institutions, jails or other institutions or facilities for the
detention of persons accused or convicted of crime, while acting within the
scope of their authority.
(12) "Military service" means any active service in any armed service
of the United States and any active state or federal service in the Kansas
army or air national guard.
(13) "Nature of the employment" means that, to the occupation, trade
or employment in which the covered person was engaged, there is attached
a particular and peculiar hazard of the injury or disability that distinguishes
the performance of job duties from other occupations and employments
and that creates a hazard of such injury or disability in excess of the hazard
of the injury or disability in general.
(14) "Prisoner of war" means any person who was a resident of
Kansas at the time the person entered service of the United States armed
forces and who, while serving in the United States armed forces, has been
declared to be a prisoner of war, as established by the United States
secretary of defense, after January 1, 1960.
(15) "Public safety employee" means any employee of a law
enforcement office, sheriff's department, municipal fire department,
volunteer and non-volunteer fire protection association, emergency
medical services provider or correctional institution of the department of
corrections.
(16) "Public safety officer" means a law enforcement officer, a
firefighter, an emergency medical service provider or a public safety
employee.
(17) (A) "Repetitive trauma" means the cause of an injury that occurs
as a result of repetitive use, cumulative traumas or microtraumas. The
repetitive nature of the injury shall be demonstrated by diagnostic or
clinical tests. The "repetitive trauma" shall be the prevailing factor in
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causing the injury.
(B) For purposes of the educational benefit conferred by this section,
"repetitive trauma" includes only an injury arising out of the performing of
duties and resulting from the nature of the employment in which a covered
person was engaged and that was actually contracted while so engaged.
The injury shall appear to have had its origin in a special risk of the injury
connected with the particular type of employment and to have resulted
from that source as a reasonable consequence of the risk. Ordinary injuries
of life and conditions to which the general public is or could be exposed
outside of the particular employment, and hazards of injuries and
conditions attending employment in general, shall not qualify as
"repetitive trauma."
(18) "Resident of Kansas" means a person who is a domiciliary
resident as defined by K.S.A. 76-729, and amendments thereto.
(19) "Spouse" means the spouse of a public safety officer or member
of the military service who has not remarried.
(20) "State board" means the state board of regents.
(c) (1) Up to the aggregate limit for such financial assistance
established for each academic year by the state board of regents based on
the annual appropriated amounts for the reimbursements paid pursuant to
subsection (d), every Kansas postsecondary educational institution shall
provide for enrollment without charge of tuition or fees for:
(A) Any eligible dependent or spouse of a public safety officer who:
(i) Was injured or disabled while performing duties as a public safety
officer; or
(ii) died as the result of injury sustained while performing duties as a
public safety officer;
(B) any dependent or spouse of any resident of Kansas who:
(i) Died or was injured or disabled on or after September 11, 2001,
while, and as a result of, serving in military service; or
(ii) is entitled to compensation from the United States department of
veterans affairs for a service-connected disability of at least 80% because
of a public statute administered by the department of veterans affairs or a
military department as a result of injuries or accidents sustained in combat
after September 11, 2001; and
(C) any prisoner of war.
(2) Any such dependent or spouse and any prisoner of war shall be
eligible for enrollment at a Kansas postsecondary educational institution
without charge of tuition or fees for not to exceed 10 semesters of
undergraduate instruction, or the equivalent thereof, at all such institutions.
(d) Subject to appropriations therefor, any Kansas postsecondary
educational institution, at which enrollment, without charge of tuition or
fees, of a prisoner of war or a dependent or spouse is provided for under
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subsection (b) (c), may file a claim with the state board for reimbursement
of the amount of such tuition and fees. In any fiscal year, such
reimbursement shall not exceed a total of $500,000. The state board shall
include in its budget estimates pursuant to K.S.A. 75-3717, and
amendments thereto, a request for appropriations to cover tuition and fee
claims pursuant to this section. The state board shall be responsible for
payment of reimbursements to Kansas postsecondary educational
institutions upon certification by each such institution of the amount of
reimbursement to which such institution is entitled. Payments to Kansas
postsecondary educational institutions shall be made upon vouchers
approved by the state board, or the state board's designee, and upon
warrants of the director of accounts and reports. Payments may be made
by issuance of a single warrant to each Kansas postsecondary educational
institution at which one or more eligible dependents or spouses or
prisoners of war are enrolled for the total amount of tuition and fees not
charged for enrollment at that institution. The director of accounts and
reports shall cause such warrant to be delivered to the Kansas
postsecondary educational institution at which any such eligible
dependents or spouses or prisoners of war are enrolled. If an eligible
dependent or spouse or prisoner of war discontinues attendance before the
end of any semester, after the Kansas postsecondary educational institution
has received payment under this subsection, the such institution shall pay
to the state the entire amount that such eligible dependent or spouse or
prisoner of war would otherwise qualify to have refunded, not to exceed
the amount of the payment made by the state in behalf of such dependent
or spouse or prisoner of war for the semester. All amounts paid to the state
by Kansas postsecondary educational institutions under this subsection
shall be deposited in the state treasury and credited to the state general
fund.
(e) The state board shall adopt rules and regulations for
administration of the provisions of this section and shall determine the
qualification of persons as dependents and spouses of public safety officers
or United States military personnel and the eligibility of such persons for
the benefits provided for under this section.
Sec. 9. K.S.A. 74-3292, 74-3293, 74-3294, 74-3295, 74-3296, 74-
3297, 74-3298 and 74-3299 and K.S.A. 2023 Supp. 75-4364 is hereby
repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the Kansas register.
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