Kansas 2023-2024 Regular Session

Kansas House Bill HB2758 Compare Versions

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1	1	Session of 2024
2	2	HOUSE BILL No. 2758
3	3	By Committee on Veterans and Military
4	4	Requested by Representative Goddard on behalf of Representative Dodson
5	5	2-8
6	6	AN ACT concerning veterans and military; relating to the armed forces of
7	7	the United States; clarifying the definition of armed forces; updating
8	8	the definition thereof to include the space force; amending K.S.A. 44-
9	9	706, 48-3401 and 65-1116 and K.S.A. 2023 Supp. 48-3407, 48-3408,
10	10	48-3601 and 65-6129 and repealing the existing sections.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 44-706 is hereby amended to read as follows: 44-
13	13	706. The secretary shall examine whether an individual has separated from
14	14	employment for each week claimed. The secretary shall apply the
15	15	provisions of this section to the individual's most recent employment prior
16	16	to the week claimed. An individual shall be disqualified for benefits:
17	17	(a) If the individual left work voluntarily without good cause
18	18	attributable to the work or the employer, subject to the other provisions of
19	19	this subsection. For purposes of this subsection, "good cause" is cause of
20	20	such gravity that would impel a reasonable, not supersensitive, individual
21	21	exercising ordinary common sense to leave employment. Good cause
22	22	requires a showing of good faith of the individual leaving work, including
23	23	the presence of a genuine desire to work. Failure to return to work after
24	24	expiration of approved personal or medical leave, or both, shall be
25	25	considered a voluntary resignation. After a temporary job assignment,
26	26	failure of an individual to affirmatively request an additional assignment
27	27	on the next succeeding workday, if required by the employment
28	28	agreement, after completion of a given work assignment, shall constitute
29	29	leaving work voluntarily. The disqualification shall begin the day
30	30	following the separation and shall continue until after the individual has
31	31	become reemployed and has had earnings from insured work of at least
32	32	three times the individual's weekly benefit amount. An individual shall not
33	33	be disqualified under this subsection if:
34	34	(1) The individual was forced to leave work because of illness or
35	35	injury upon the advice of a licensed and practicing health care provider
36	36	and, upon learning of the necessity for absence, immediately notified the
37	37	employer thereof, or the employer consented to the absence, and after
38	38	recovery from the illness or injury, when recovery was certified by a
39	39	practicing health care provider, the individual returned to the employer and
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75	75	offered to perform services and the individual's regular work or
76	76	comparable and suitable work was not available. As used in this paragraph
77	77	"health care provider" means any person licensed by the proper licensing
78	78	authority of any state to engage in the practice of medicine and surgery,
79	79	osteopathy, chiropractic, dentistry, optometry, podiatry or psychology;
80	80	(2) the individual left temporary work to return to the regular
81	81	employer;
82	82	(3) the individual left work to enlist enter active service in the armed
83	83	forces of the United States, but was rejected or delayed from entry;
84	84	(4) the spouse of an individual who is a member of the armed forces
85	85	of the United States who left work because of the voluntary or involuntary
86	86	transfer of the individual's spouse from one job to another job, which that
87	87	is for the same employer or for a different employer, at a geographic
88	88	location which that makes it unreasonable for the individual to continue
89	89	work at the individual's job. For the purposes of this provision the term
90	90	"member of the armed forces" means active duty a person performing
91	91	active service in the army, navy, marine corps, air force, space force, coast
92	92	guard or any branch component of the military reserves of the United
93	93	States;
94	94	(5) the individual left work because of hazardous working conditions;
95	95	in determining whether or not working conditions are hazardous for an
96	96	individual, the degree of risk involved to the individual's health, safety and
97	97	morals, the individual's physical fitness and prior training and the working
98	98	conditions of workers engaged in the same or similar work for the same
99	99	and other employers in the locality shall be considered; as used in this
100	100	paragraph, "hazardous working conditions" means working conditions that
101	101	could result in a danger to the physical or mental well-being of the
102	102	individual; each determination as to whether hazardous working
103	103	conditions exist shall include, but shall not be limited to, a consideration
104	104	of: (A) The safety measures used or the lack thereof; and (B) the condition
105	105	of equipment or lack of proper equipment; no work shall be considered
106	106	hazardous if the working conditions surrounding the individual's work are
107	107	the same or substantially the same as the working conditions generally
108	108	prevailing among individuals performing the same or similar work for
109	109	other employers engaged in the same or similar type of activity;
110	110	(6) the individual left work to enter training approved under section
111	111	236(a)(1) of the federal trade act of 1974, provided the work left is not of a
112	112	substantially equal or higher skill level than the individual's past adversely
113	113	affected employment, as defined for purposes of the federal trade act of
114	114	1974, and wages for such work are not less than 80% of the individual's
115	115	average weekly wage as determined for the purposes of the federal trade
116	116	act of 1974;
117	117	(7) the individual left work because of unwelcome harassment of the
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161	161	individual by the employer or another employee of which the employing
162	162	unit had knowledge and that would impel the average worker to give up
163	163	such worker's employment;
164	164	(8) the individual left work to accept better work; each determination
165	165	as to whether or not the work accepted is better work shall include, but
166	166	shall not be limited to, consideration of: (A) The rate of pay, the hours of
167	167	work and the probable permanency of the work left as compared to the
168	168	work accepted; (B) the cost to the individual of getting to the work left in
169	169	comparison to the cost of getting to the work accepted; and (C) the
170	170	distance from the individual's place of residence to the work accepted in
171	171	comparison to the distance from the individual's residence to the work left;
172	172	(9) the individual left work as a result of being instructed or requested
173	173	by the employer, a supervisor or a fellow employee to perform a service or
174	174	commit an act in the scope of official job duties which that is in violation
175	175	of an ordinance or statute;
176	176	(10) the individual left work because of a substantial violation of the
177	177	work agreement by the employing unit and, before the individual left, the
178	178	individual had exhausted all remedies provided in such agreement for the
179	179	settlement of disputes before terminating. For the purposes of this
180	180	paragraph, a demotion based on performance does not constitute a
181	181	violation of the work agreement;
182	182	(11) after making reasonable efforts to preserve the work, the
183	183	individual left work due to a personal emergency of such nature and
184	184	compelling urgency that it would be contrary to good conscience to
185	185	impose a disqualification; or
186	186	(12) (A) the individual left work due to circumstances resulting from
187	187	domestic violence, including:
188	188	(i) The individual's reasonable fear of future domestic violence at or
189	189	en route to or from the individual's place of employment;
190	190	(ii) the individual's need to relocate to another geographic area in
191	191	order to avoid future domestic violence;
192	192	(iii) the individual's need to address the physical, psychological and
193	193	legal impacts of domestic violence;
194	194	(iv) the individual's need to leave employment as a condition of
195	195	receiving services or shelter from an agency which that provides support
196	196	services or shelter to victims of domestic violence; or
197	197	(v) the individual's reasonable belief that termination of employment
198	198	is necessary to avoid other situations which that may cause domestic
199	199	violence and to provide for the future safety of the individual or the
200	200	individual's family.
201	201	(B) An individual may prove the existence of domestic violence by
202	202	providing one of the following:
203	203	(i) A restraining order or other documentation of equitable relief by a
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247	247	court of competent jurisdiction;
248	248	(ii) a police record documenting the abuse;
249	249	(iii) documentation that the abuser has been convicted of one or more
250	250	of the offenses enumerated in articles 34 and 35 of chapter 21 of the
251	251	Kansas Statutes Annotated, prior to their repeal, or articles 54 or 55 of
252	252	chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325,
253	253	21-6326 or 21-6418 through 21-6422, and amendments thereto, where the
254	254	victim was a family or household member;
255	255	(iv) medical documentation of the abuse;
256	256	(v) a statement provided by a counselor, social worker, health care
257	257	provider, clergy, shelter worker, legal advocate, domestic violence or
258	258	sexual assault advocate or other professional who has assisted the
259	259	individual in dealing with the effects of abuse on the individual or the
260	260	individual's family; or
261	261	(vi) a sworn statement from the individual attesting to the abuse.
262	262	(C) No evidence of domestic violence experienced by an individual,
263	263	including the individual's statement and corroborating evidence, shall be
264	264	disclosed by the department of labor unless consent for disclosure is given
265	265	by the individual.
266	266	(b) If the individual has been discharged or suspended for misconduct
267	267	connected with the individual's work. The disqualification shall begin the
268	268	day following the separation and shall continue until after the individual
269	269	becomes reemployed and in cases where the disqualification is due to
270	270	discharge for misconduct has had earnings from insured work of at least
271	271	three times the individual's determined weekly benefit amount, except that
272	272	if an individual is discharged for gross misconduct connected with the
273	273	individual's work, such individual shall be disqualified for benefits until
274	274	such individual again becomes employed and has had earnings from
275	275	insured work of at least eight times such individual's determined weekly
276	276	benefit amount. In addition, all wage credits attributable to the
277	277	employment from which the individual was discharged for gross
278	278	misconduct connected with the individual's work shall be canceled. No
279	279	such cancellation of wage credits shall affect prior payments made as a
280	280	result of a prior separation.
281	281	(1) For the purposes of this As used in this subsection, "misconduct"
282	282	is defined as means a violation of a duty or obligation reasonably owed the
283	283	employer as a condition of employment including, but not limited to, a
284	284	violation of a company rule, including a safety rule, if: (A) The individual
285	285	knew or should have known about the rule; (B) the rule was lawful and
286	286	reasonably related to the job; and (C) the rule was fairly and consistently
287	287	enforced.
288	288	(2) (A) Failure of the employee to notify the employer of an absence
289	289	and an individual's leaving work prior to the end of such individual's
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333	333	assigned work period without permission shall be considered prima facie
334	334	evidence of a violation of a duty or obligation reasonably owed the
335	335	employer as a condition of employment.
336	336	(B) For the purposes of this subsection, misconduct shall include, but
337	337	not be limited to, violation of the employer's reasonable attendance
338	338	expectations if the facts show:
339	339	(i) The individual was absent or tardy without good cause;
340	340	(ii) the individual had knowledge of the employer's attendance
341	341	expectation; and
342	342	(iii) the employer gave notice to the individual that future absence or
343	343	tardiness may or will result in discharge.
344	344	(C) For the purposes of this subsection, if an employee disputes being
345	345	absent or tardy without good cause, the employee shall present evidence
346	346	that a majority of the employee's absences or tardiness were for good
347	347	cause. If the employee alleges that the employee's repeated absences or
348	348	tardiness were the result of health related issues, such evidence shall
349	349	include documentation from a licensed and practicing health care provider
350	350	as defined in subsection (a)(1).
351	351	(3) (A) The term "gross misconduct" as used in this subsection shall
352	352	be construed to mean conduct evincing extreme, willful or wanton
353	353	misconduct as defined by this subsection. Gross misconduct shall include,
354	354	but not be limited to: (i) Theft; (ii) fraud; (iii) intentional damage to
355	355	property; (iv) intentional infliction of personal injury; or (v) any conduct
356	356	that constitutes a felony.
357	357	(B) For the purposes of this subsection, the following shall be
358	358	conclusive evidence of gross misconduct:
359	359	(i) The use of alcoholic liquor, cereal malt beverage or a
360	360	nonprescribed controlled substance by an individual while working;
361	361	(ii) the impairment caused by alcoholic liquor, cereal malt beverage
362	362	or a nonprescribed controlled substance by an individual while working;
363	363	(iii) a positive breath alcohol test or a positive chemical test, provided
364	364	if:
365	365	(a) The test was either:
366	366	(1) Required by law and was administered pursuant to the drug free
367	367	workplace act, 41 U.S.C. § 701 et seq.;
368	368	(2) administered as part of an employee assistance program or other
369	369	drug or alcohol treatment program in which the employee was
370	370	participating voluntarily or as a condition of further employment;
371	371	(3) requested pursuant to a written policy of the employer of which
372	372	the employee had knowledge and was a required condition of
373	373	employment;
374	374	(4) required by law and the test constituted a required condition of
375	375	employment for the individual's job; or
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419	419	(5) there was reasonable suspicion to believe that the individual used,
420	420	had possession of, or was impaired by alcoholic liquor, cereal malt
421	421	beverage or a nonprescribed controlled substance while working;
422	422	(b) the test sample was collected either:
423	423	(1) As prescribed by the drug free workplace act, 41 U.S.C. § 701 et
424	424	seq.;
425	425	(2) as prescribed by an employee assistance program or other drug or
426	426	alcohol treatment program in which the employee was participating
427	427	voluntarily or as a condition of further employment;
428	428	(3) as prescribed by the written policy of the employer of which the
429	429	employee had knowledge and which that constituted a required condition
430	430	of employment;
431	431	(4) as prescribed by a test which that was required by law and which
432	432	constituted a required condition of employment for the individual's job; or
433	433	(5) at a time contemporaneous with the events establishing probable
434	434	cause;
435	435	(c) the collecting and labeling of a chemical test sample was
436	436	performed by a licensed health care professional or any other individual
437	437	certified pursuant to paragraph (b)(3)(A)(iii)(f) or authorized to collect or
438	438	label test samples by federal or state law, or a federal or state rule or
439	439	regulation having the force or effect of law, including law enforcement
440	440	personnel;
441	441	(d) the chemical test was performed by a laboratory approved by the
442	442	United States department of health and human services or licensed by the
443	443	department of health and environment, except that a blood sample may be
444	444	tested for alcohol content by a laboratory commonly used for that purpose
445	445	by state law enforcement agencies;
446	446	(e) the chemical test was confirmed by gas chromatography, gas
447	447	chromatography-mass spectroscopy or other comparably reliable
448	448	analytical method, except that no such confirmation is required for a blood
449	449	alcohol sample or a breath alcohol test;
450	450	(f) the breath alcohol test was administered by an individual trained
451	451	to perform breath tests, the breath testing instrument used was certified
452	452	and operated strictly according to a description provided by the
453	453	manufacturers and the reliability of the instrument performance was
454	454	assured by testing with alcohol standards; and
455	455	(g) the foundation evidence establishes, beyond a reasonable doubt,
456	456	that the test results were from the sample taken from the individual;
457	457	(iv) an individual's refusal to submit to a chemical test or breath
458	458	alcohol test, provided if:
459	459	(a) The test meets the standards of the drug free workplace act, 41
460	460	U.S.C. § 701 et seq.;
461	461	(b) the test was administered as part of an employee assistance
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505	505	program or other drug or alcohol treatment program in which the
506	506	employee was participating voluntarily or as a condition of further
507	507	employment;
508	508	(c) the test was otherwise required by law and the test constituted a
509	509	required condition of employment for the individual's job;
510	510	(d) the test was requested pursuant to a written policy of the employer
511	511	of which the employee had knowledge and was a required condition of
512	512	employment; or
513	513	(e) there was reasonable suspicion to believe that the individual used,
514	514	possessed or was impaired by alcoholic liquor, cereal malt beverage or a
515	515	nonprescribed controlled substance while working; and
516	516	(v) an individual's dilution or other tampering of a chemical test.
517	517	(C) For purposes of this subsection:
518	518	(i) "Alcohol concentration" means the number of grams of alcohol
519	519	per 210 liters of breath;
520	520	(ii) "alcoholic liquor" means the same as provided defined in K.S.A.
521	521	41-102, and amendments thereto;
522	522	(iii) "cereal malt beverage" means the same as provided defined in
523	523	K.S.A. 41-2701, and amendments thereto;
524	524	(iv) "chemical test" includes, but is not limited to, tests of urine,
525	525	blood or saliva;
526	526	(v) "controlled substance" means the same as provided defined in
527	527	K.S.A. 21-5701, and amendments thereto;
528	528	(vi) "required by law" means required by a federal or state law, a
529	529	federal or state rule or regulation having the force and effect of law, a
530	530	county resolution or municipal ordinance, or a policy relating to public
531	531	safety adopted in an open meeting by the governing body of any special
532	532	district or other local governmental entity;
533	533	(vii) "positive breath test" means a test result showing an alcohol
534	534	concentration of 0.04 or greater, or the levels listed in 49 C.F.R. part 40, if
535	535	applicable, unless the test was administered as part of an employee
536	536	assistance program or other drug or alcohol treatment program in which
537	537	the employee was participating voluntarily or as a condition of further
538	538	employment, in which case "positive chemical test" shall mean means a
539	539	test result showing an alcohol concentration at or above the levels
540	540	provided for in the assistance or treatment program; and
541	541	(viii) "positive chemical test" means a chemical result showing a
542	542	concentration at or above the levels listed in K.S.A. 44-501, and
543	543	amendments thereto, or 49 C.F.R. part 40, as applicable, for the drugs or
544	544	abuse listed therein, unless the test was administered as part of an
545	545	employee assistance program or other drug or alcohol treatment program
546	546	in which the employee was participating voluntarily or as a condition of
547	547	further employment, in which case "positive chemical test" means a
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591	591	chemical result showing a concentration at or above the levels provided for
592	592	in the assistance or treatment program.
593	593	(4) An individual shall not be disqualified under this subsection if the
594	594	individual is discharged under the following circumstances:
595	595	(A) The employer discharged the individual after learning the
596	596	individual was seeking other work or when the individual gave notice of
597	597	future intent to quit, except that the individual shall be disqualified after
598	598	the time at which that such individual intended to quit and any individual
599	599	who commits misconduct after such individual gives notice to such
600	600	individual's intent to quit shall be disqualified;
601	601	(B) the individual was making a good-faith effort to do the assigned
602	602	work but was discharged due to:
603	603	(i) Inefficiency;
604	604	(ii) unsatisfactory performance due to inability, incapacity or lack of
605	605	training or experience;
606	606	(iii) isolated instances of ordinary negligence or inadvertence;
607	607	(iv) good-faith errors in judgment or discretion; or
608	608	(v) unsatisfactory work or conduct due to circumstances beyond the
609	609	individual's control; or
610	610	(C) the individual's refusal to perform work in excess of the contract
611	611	of hire.
612	612	(c) If the individual has failed, without good cause, to either apply for
613	613	suitable work when so directed by the employment office of the secretary
614	614	of labor, or to accept suitable work when offered to the individual by the
615	615	employment office, the secretary of labor, or an employer, such
616	616	disqualification shall begin with the week in which such failure occurred
617	617	and shall continue until the individual becomes reemployed and has had
618	618	earnings from insured work of at least three times such individual's
619	619	determined weekly benefit amount. In determining whether or not any
620	620	work is suitable for an individual, the secretary of labor, or a person or
621	621	persons designated by the secretary, shall consider the degree of risk
622	622	involved to health, safety and morals, physical fitness and prior training,
623	623	experience and prior earnings, length of unemployment and prospects for
624	624	securing local work in the individual's customary occupation or work for
625	625	which the individual is reasonably fitted fit by training or experience, and
626	626	the distance of the available work from the individual's residence.
627	627	Notwithstanding any other provisions of this act, an otherwise eligible
628	628	individual shall not be disqualified for refusing an offer of suitable
629	629	employment, or failing to apply for suitable employment when notified by
630	630	an employment office, or for leaving the individual's most recent work
631	631	accepted during approved training, including training approved under
632	632	section 236(a)(1) of the trade act of 1974, if the acceptance of or applying
633	633	for suitable employment or continuing such work would require the
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676	676	43 HB 2758 9
677	677	individual to terminate approved training and no work shall be deemed
678	678	suitable and benefits shall not be denied under this act to any otherwise
679	679	eligible individual for refusing to accept new work under any of the
680	680	following conditions:
681	681	(1) If the position offered is vacant due directly to a strike, lockout or
682	682	other labor dispute;
683	683	(2) if the remuneration, hours or other conditions of the work offered
684	684	are substantially less favorable to the individual than those prevailing for
685	685	similar work in the locality;
686	686	(3) if as a condition of being employed, the individual would be
687	687	required to join or to resign from or refrain from joining any labor
688	688	organization; and
689	689	(4) if the individual left employment as a result of domestic violence,
690	690	and the position offered does not reasonably accommodate the individual's
691	691	physical, psychological, safety, or legal needs relating to such domestic
692	692	violence.
693	693	(d) For any week with respect to which the secretary of labor, or a
694	694	person or persons designated by the secretary, finds that the individual's
695	695	unemployment is due to a stoppage of work which that exists because of a
696	696	labor dispute or there would have been a work stoppage had normal
697	697	operations not been maintained with other personnel previously and
698	698	currently employed by the same employer at the factory, establishment or
699	699	other premises at which the individual is or was last employed, except that
700	700	this subsection (d) shall not apply if it is shown to the satisfaction of the
701	701	secretary of labor, or a person or persons designated by the secretary, that:
702	702	(1) The individual is not participating in or financing or directly
703	703	interested in the labor dispute which that caused the stoppage of work; and
704	704	(2) the individual does not belong to a grade or class of workers of
705	705	which, immediately before the commencement of the stoppage, there were
706	706	members employed at the premises at which where the stoppage occurs
707	707	any of whom are participating in or financing or directly interested in the
708	708	dispute. If in any case separate branches of work which that are commonly
709	709	conducted as separate businesses in separate premises are conducted in
710	710	separate departments of the same premises, each such department shall, for
711	711	the purpose of this subsection be deemed to be a separate factory,
712	712	establishment or other premises. For the purposes of this subsection,
713	713	failure or refusal to cross a picket line or refusal for any reason during the
714	714	continuance of such labor dispute to accept the individual's available and
715	715	customary work at the factory, establishment or other premises where the
716	716	individual is or was last employed shall be considered as participation and
717	717	interest in the labor dispute.
718	718	(e) For any week with respect to which or a part of the week in which
719	719	the individual has received or is seeking unemployment benefits under the
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762	762	43 HB 2758 10
763	763	unemployment compensation law of any other state or of the United
764	764	States, except that if the appropriate agency of such other state or the
765	765	United States finally determines that the individual is not entitled to such
766	766	unemployment benefits, this disqualification shall not apply.
767	767	(f) For any week with respect to for which the individual is entitled to
768	768	receive any unemployment allowance or compensation granted by the
769	769	United States under an act of congress to ex-service men and women
770	770	former members of the armed forces in recognition of former service with
771	771	the military or, naval, air or space services of the United States.
772	772	(g) If the individual, or another in such individual's behalf with the
773	773	knowledge of the individual, has knowingly made a false statement or
774	774	representation, or has knowingly failed to disclose a material fact to obtain
775	775	or increase benefits under this act or any other unemployment
776	776	compensation law administered by the secretary of labor, unless the
777	777	individual has repaid the full amount of the overpayment as determined by
778	778	the secretary or the secretary's designee, including, but not limited to, the
779	779	total amount of money erroneously paid as benefits or unlawfully
780	780	obtained, interest, penalties and any other costs or fees provided by law. If
781	781	the individual has made such repayment, the individual shall be
782	782	disqualified for a period of one year for the first occurrence or five years
783	783	for any subsequent occurrence, beginning with the first day following the
784	784	date the department of labor confirmed the individual has successfully
785	785	repaid the full amount of the overpayment. In addition to the penalties set
786	786	forth in K.S.A. 44-719, and amendments thereto, an individual who has
787	787	knowingly made a false statement or representation or who has knowingly
788	788	failed to disclose a material fact to obtain or increase benefits under this
789	789	act or any other unemployment compensation law administered by the
790	790	secretary of labor shall be liable for a penalty in the amount equal to 25%
791	791	of the amount of benefits unlawfully received. Notwithstanding any other
792	792	provision of law, such penalty shall be deposited into the employment
793	793	security trust fund. No person who is a victim of identify theft shall be
794	794	subject to the provisions of this subsection. The secretary shall investigate
795	795	all cases of an alleged false statement or representation or failure to
796	796	disclose a material fact to ensure no victim of identity theft is disqualified,
797	797	required to repay or subject to any penalty as provided by this subsection
798	798	as a result of identity theft.
799	799	(h) For any week with respect to for which the individual is receiving
800	800	compensation for temporary total disability or permanent total disability
801	801	under the workmen's compensation law of any state or under a similar law
802	802	of the United States.
803	803	(i) For any week of unemployment on the basis of service in an
804	804	instructional, research or principal administrative capacity for an
805	805	educational institution as defined in K.S.A. 44-703(v), and amendments
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848	848	43 HB 2758 11
849	849	thereto, if such week begins during the period between two successive
850	850	academic years or terms or, when an agreement provides instead for a
851	851	similar period between two regular but not successive terms during such
852	852	period or during a period of paid sabbatical leave provided for in the
853	853	individual's contract, if the individual performs such services in the first of
854	854	such academic years or terms and there is a contract or a reasonable
855	855	assurance that such individual will perform services in any such capacity
856	856	for any educational institution in the second of such academic years or
857	857	terms.
858	858	(j) For any week of unemployment on the basis of service in any
859	859	capacity other than service in an instructional, research, or administrative
860	860	capacity in an educational institution, as defined in K.S.A. 44-703(v), and
861	861	amendments thereto, if such week begins during the period between two
862	862	successive academic years or terms if the individual performs such
863	863	services in the first of such academic years or terms and there is a
864	864	reasonable assurance that the individual will perform such services in the
865	865	second of such academic years or terms, except that if benefits are denied
866	866	to the individual under this subsection and the individual was not offered
867	867	an opportunity to perform such services for the educational institution for
868	868	the second of such academic years or terms, such individual shall be
869	869	entitled to a retroactive payment of benefits for each week for which the
870	870	individual filed a timely claim for benefits and for which such benefits
871	871	were denied solely by reason of this subsection.
872	872	(k) For any week of unemployment on the basis of service in any
873	873	capacity for an educational institution as defined in K.S.A. 44-703(v), and
874	874	amendments thereto, if such week begins during an established and
875	875	customary vacation period or holiday recess, if the individual performs
876	876	services in the period immediately before such vacation period or holiday
877	877	recess and there is a reasonable assurance that such individual will perform
878	878	such services in the period immediately following such vacation period or
879	879	holiday recess.
880	880	(l) For any week of unemployment on the basis of any services,
881	881	substantially all of which consist consisting of participating in sports or
882	882	athletic events or training or preparing to so participate, if such week
883	883	begins during the period between two successive sport seasons or similar
884	884	period if such individual performed services in the first of such seasons or
885	885	similar periods and there is a reasonable assurance that such individual
886	886	will perform such services in the later of such seasons or similar periods.
887	887	(m) For any week on the basis of services performed by an alien
888	888	unless such alien is an individual who was lawfully admitted for
889	889	permanent residence at the time such services were performed, was
890	890	lawfully present for purposes of performing such services, or was
891	891	permanently residing in the United States under color of law at the time
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934	934	43 HB 2758 12
935	935	such services were performed, including an alien who was lawfully present
936	936	in the United States as a result of the application of the provisions of
937	937	section 212(d)(5) of the federal immigration and nationality act. Any data
938	938	or information required of individuals applying for benefits to determine
939	939	whether benefits are not payable to them because of their alien status shall
940	940	be uniformly required from all applicants for benefits. In the case of an
941	941	individual whose application for benefits would otherwise be approved, no
942	942	determination that benefits to such individual are not payable because of
943	943	such individual's alien status shall be made except upon a preponderance
944	944	of the evidence.
945	945	(n) For any week in which an individual is receiving a governmental
946	946	or other pension, retirement or retired pay, annuity or other similar
947	947	periodic payment under a plan maintained by a base period employer and
948	948	to which the entire contributions were provided by such employer, except
949	949	that:
950	950	(1) If the entire contributions to such plan were provided by the base
951	951	period employer but such individual's weekly benefit amount exceeds such
952	952	governmental or other pension, retirement or retired pay, annuity or other
953	953	similar periodic payment attributable to such week, the weekly benefit
954	954	amount payable to the individual shall be reduced, but not below zero, by
955	955	an amount equal to the amount of such pension, retirement or retired pay,
956	956	annuity or other similar periodic payment which that is attributable to such
957	957	week; or
958	958	(2) if only a portion of contributions to such plan were provided by
959	959	the base period employer, the weekly benefit amount payable to such
960	960	individual for such week shall be reduced, but not below zero, by the
961	961	prorated weekly amount of the pension, retirement or retired pay, annuity
962	962	or other similar periodic payment after deduction of that portion of the
963	963	pension, retirement or retired pay, annuity or other similar periodic
964	964	payment that is directly attributable to the percentage of the contributions
965	965	made to the plan by such individual; or
966	966	(3) if the entire contributions to the plan were provided by such
967	967	individual, or by the individual and an employer, or any person or
968	968	organization, who is not a base period employer, no reduction in the
969	969	weekly benefit amount payable to the individual for such week shall be
970	970	made under this subsection; or
971	971	(4) whatever portion of contributions to such plan were provided by
972	972	the base period employer, if the services performed for the employer by
973	973	such individual during the base period, or remuneration received for the
974	974	services, did not affect the individual's eligibility for, or increased the
975	975	amount of, such pension, retirement or retired pay, annuity or other similar
976	976	periodic payment, no reduction in the weekly benefit amount payable to
977	977	the individual for such week shall be made under this subsection. No
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1020	1020	43 HB 2758 13
1021	1021	reduction shall be made for payments made under the social security act or
1022	1022	railroad retirement act of 1974.
1023	1023	(o) For any week of unemployment on the basis of services
1024	1024	performed in any capacity and under any of the circumstances described in
1025	1025	subsection (i), (j) or (k) that an individual performed in an educational
1026	1026	institution while in the employ of an educational service agency. For the
1027	1027	purposes of this subsection, the term "educational service agency" means a
1028	1028	governmental agency or entity which that is established and operated
1029	1029	exclusively for the purpose of providing such services to one or more
1030	1030	educational institutions.
1031	1031	(p) For any week of unemployment on the basis of service as a school
1032	1032	bus or other motor vehicle driver employed by a private contractor to
1033	1033	transport pupils, students and school personnel to or from school-related
1034	1034	functions or activities for an educational institution, as defined in K.S.A.
1035	1035	44-703(v), and amendments thereto, if such week begins during the period
1036	1036	between two successive academic years or during a similar period between
1037	1037	two regular terms, whether or not successive, if the individual has a
1038	1038	contract or contracts, or a reasonable assurance thereof, to perform
1039	1039	services in any such capacity with a private contractor for any educational
1040	1040	institution for both such academic years or both such terms. An individual
1041	1041	shall not be disqualified for benefits as provided in this subsection for any
1042	1042	week of unemployment on the basis of service as a bus or other motor
1043	1043	vehicle driver employed by a private contractor to transport persons to or
1044	1044	from nonschool-related functions or activities.
1045	1045	(q) For any week of unemployment on the basis of services
1046	1046	performed by the individual in any capacity and under any of the
1047	1047	circumstances described in subsection (i), (j), (k) or (o) which that are
1048	1048	provided to or on behalf of an educational institution, as defined in K.S.A.
1049	1049	44-703(v), and amendments thereto, while the individual is in the employ
1050	1050	of an employer which that is a governmental entity, Indian tribe or any
1051	1051	employer described in section 501(c)(3) of the federal internal revenue
1052	1052	code of 1986 which that is exempt from income under section 501(a) of
1053	1053	the code.
1054	1054	(r) For any week in which an individual is registered at and attending
1055	1055	an established school, training facility or other educational institution, or is
1056	1056	on vacation during or between two successive academic years or terms. An
1057	1057	individual shall not be disqualified for benefits as provided in this
1058	1058	subsection provided if:
1059	1059	(1) The individual was engaged in full-time employment concurrent
1060	1060	with the individual's school attendance;
1061	1061	(2) the individual is attending approved training as defined in K.S.A.
1062	1062	44-703(s), and amendments thereto; or
1063	1063	(3) the individual is attending evening, weekend or limited day time
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1106	1106	43 HB 2758 14
1107	1107	classes, which that would not affect availability for work, and is otherwise
1108	1108	eligible under K.S.A. 44-705(c), and amendments thereto.
1109	1109	(s) For any week with respect to in which an individual is receiving
1110	1110	or has received remuneration in the form of a back pay award or
1111	1111	settlement. The remuneration shall be allocated to the week or weeks in
1112	1112	the manner as specified in the award or agreement, or in the absence of
1113	1113	such specificity in the award or agreement, such remuneration shall be
1114	1114	allocated to the week or weeks in for which such remuneration, in the
1115	1115	judgment of the secretary, would have been paid.
1116	1116	(1) For any such weeks that an individual receives remuneration in
1117	1117	the form of a back pay award or settlement, an overpayment will be
1118	1118	established in the amount of unemployment benefits paid and shall be
1119	1119	collected from the claimant.
1120	1120	(2) If an employer chooses to withhold from a back pay award or
1121	1121	settlement, amounts paid to a claimant while they claimed unemployment
1122	1122	benefits, such employer shall pay the department the amount withheld.
1123	1123	With respect to such amount, the secretary shall have available all of the
1124	1124	collection remedies authorized or provided in K.S.A. 44-717, and
1125	1125	amendments thereto.
1126	1126	(t) (1) Any applicant for or recipient of unemployment benefits who
1127	1127	tests positive for unlawful use of a controlled substance or controlled
1128	1128	substance analog shall be required to complete a substance abuse treatment
1129	1129	program approved by the secretary of labor, secretary of commerce or
1130	1130	secretary for children and families, and a job skills program approved by
1131	1131	the secretary of labor, secretary of commerce or the secretary for children
1132	1132	and families. Subject to applicable federal laws, any applicant for or
1133	1133	recipient of unemployment benefits who fails to complete or refuses to
1134	1134	participate in the substance abuse treatment program or job skills program
1135	1135	as required under this subsection shall be ineligible to receive
1136	1136	unemployment benefits until completion of such substance abuse
1137	1137	treatment and job skills programs. Upon completion of both substance
1138	1138	abuse treatment and job skills programs, such applicant for or recipient of
1139	1139	unemployment benefits may be subject to periodic drug screening, as
1140	1140	determined by the secretary of labor. Upon a second positive test for
1141	1141	unlawful use of a controlled substance or controlled substance analog, an
1142	1142	applicant for or recipient of unemployment benefits shall be ordered to
1143	1143	complete again a substance abuse treatment program and job skills
1144	1144	program, and shall be terminated from unemployment benefits for a period
1145	1145	of 12 months, or until such applicant for or recipient of unemployment
1146	1146	benefits completes both substance abuse treatment and job skills programs,
1147	1147	whichever is later. Upon a third positive test for unlawful use of a
1148	1148	controlled substance or controlled substance analog, an applicant for or a
1149	1149	recipient of unemployment benefits shall be terminated from receiving
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1192	1192	43 HB 2758 15
1193	1193	unemployment benefits, subject to applicable federal law.
1194	1194	(2) Any individual who has been discharged or refused employment
1195	1195	for failing a preemployment drug screen required by an employer may
1196	1196	request that the drug screening specimen be sent to a different drug testing
1197	1197	facility for an additional drug screening. Any such individual who requests
1198	1198	an additional drug screening at a different drug testing facility shall be
1199	1199	required to pay the cost of drug screening.
1200	1200	(u) If the individual was found not to have a disqualifying
1201	1201	adjudication or conviction under K.S.A. 39-970 or 65-5117, and
1202	1202	amendments thereto, was hired and then was subsequently convicted of a
1203	1203	disqualifying felony under K.S.A. 39-970 or 65-5117, and amendments
1204	1204	thereto, and discharged pursuant to K.S.A. 39-970 or 65-5117, and
1205	1205	amendments thereto. The disqualification shall begin the day following the
1206	1206	separation and shall continue until after the individual becomes
1207	1207	reemployed and has had earnings from insured work of at least three times
1208	1208	the individual's determined weekly benefit amount.
1209	1209	(v) Notwithstanding the provisions of any subsection, an individual
1210	1210	shall not be disqualified for such week of part-time employment in a
1211	1211	substitute capacity for an educational institution if such individual's most
1212	1212	recent employment prior to the individual's benefit year begin date was for
1213	1213	a non-educational institution and such individual demonstrates application
1214	1214	for work in such individual's customary occupation or for work for which
1215	1215	the individual is reasonably fitted fit by training or experience.
1216	1216	Sec. 2. K.S.A. 48-3401 is hereby amended to read as follows: 48-
1217	1217	3401. As used in K.S.A. 48-3401 through 48-3405 of this act:
1218	1218	(a) "Military Active service" means service on active duty performed
1219	1219	by a licensee in who is a member of the army, navy, marine corps, air
1220	1220	force, space force, air or army national guard of any of the several states
1221	1221	and territories, Puerto Rico and the District of Columbia, coast guard or
1222	1222	any branch component of the military reserves of the United States.
1223	1223	(b) "License" means any permit, certificate, authority, privilege or
1224	1224	registration whether temporary or permanent issued, granted or made by
1225	1225	the state of Kansas or any officer, board, department or commission or
1226	1226	agency thereof authorizing a person to engage in or practice an occupation
1227	1227	or profession in this state.
1228	1228	(c) "Licensee" means a person who had, at the time of commencing a
1229	1229	period of military service, a valid, existing license to engage in or practice
1230	1230	an occupation or profession in this state. "Licensee" also means a person
1231	1231	who, while in military performing active service, obtains a valid license to
1232	1232	engage in or practice an occupation or profession in this state.
1233	1233	Sec. 3. K.S.A. 2023 Supp. 48-3407 is hereby amended to read as
1234	1234	follows: 48-3407. (a) For the purposes of As used in this section:
1235	1235	(1) "Applicant" means a person who entered into military active
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1279	1279	service and separated from such military active service with an honorable
1280	1280	discharge or a general discharge under honorable conditions;
1281	1281	(2) "licensing body" has the meaning ascribed thereto means the
1282	1282	same as defined in K.S.A. 74-146, and amendments thereto, except for
1283	1283	licensing boards under K.S.A. 65-1116 and 65-6129, and amendments
1284	1284	thereto; and
1285	1285	(3) "military active service" means service on active duty performed
1286	1286	by a member of the army, navy, marine corps, air force, space force, air or
1287	1287	army national guard of any state of the several states and territories,
1288	1288	Puerto Rico and the District of Columbia, coast guard or any branch
1289	1289	component of the military reserves of the United States.
1290	1290	(b) (1) Notwithstanding any other provision of law, upon presentation
1291	1291	of a completed application by an applicant with an honorable discharge for
1292	1292	certification or licensure, a licensing body shall accept education, training
1293	1293	or service completed in military active service by the applicant towards
1294	1294	any educational requirements for certification or licensure in this state if
1295	1295	the applicant demonstrates to the satisfaction of the licensing body that
1296	1296	such education, training or service obtained is substantially equivalent to
1297	1297	the existing educational requirements of such licensure or certification. No
1298	1298	education, training or service shall count towards any examination
1299	1299	requirements unless such licensing body has provided a waiver for such
1300	1300	requirement. The licensing body may require the applicant to provide
1301	1301	documentation of such education, training or service as deemed necessary
1302	1302	by the licensing body to determine substantial equivalency.
1303	1303	(2) A licensing board under this section may accept education,
1304	1304	training or service completed in military active service towards any
1305	1305	educational requirements for certification or licensure in this state if an
1306	1306	applicant was separated from military service the armed forces with a
1307	1307	general discharge under honorable conditions.
1308	1308	(c) Each licensing body may adopt rules and regulations necessary to
1309	1309	implement and carry out the provisions of this section.
1310	1310	(d) This section shall not apply to the practice of law or the regulation
1311	1311	of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
1312	1312	Sec. 4. K.S.A. 2023 Supp. 48-3408 is hereby amended to read as
1313	1313	follows: 48-3408. (a) For the purposes of As used in this section:
1314	1314	(1) "Accreditation" has the meaning ascribed thereto means the same
1315	1315	as defined in K.S.A. 74-32,163, and amendments thereto;
1316	1316	(2) "accredited educational institution" means an educational
1317	1317	institution that has achieved and maintained accreditation;
1318	1318	(3) "applicant" means a person who entered into military active
1319	1319	service and separated from such military service the armed forces under
1320	1320	conditions other than dishonorable;
1321	1321	(4) "community college" means any community college established
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1365	1365	under the laws of this state;
1366	1366	(5) "distance education course" means a course consisting solely or
1367	1367	primarily of instruction provided online or in other computer-assisted
1368	1368	formats, or by correspondence, audiotape, videotape or other media;
1369	1369	(6) "educational institution" means any postsecondary educational
1370	1370	institution, private postsecondary educational institution and out-of-state
1371	1371	postsecondary educational institution;
1372	1372	(7) "institute of technology" or "Washburn institute of technology"
1373	1373	means the institute of technology at Washburn university;
1374	1374	(8) "licensing body" has the meaning ascribed thereto means the
1375	1375	same as defined in K.S.A. 74-146, and amendments thereto;
1376	1376	(9) "militaryactive service" means service on active duty performed
1377	1377	by a member of the army, navy, marine corps, air force, space force, air or
1378	1378	army national guard of any state of the several states and territories,
1379	1379	Puerto Rico and the District of Columbia, coast guard or any branch
1380	1380	component of the military reserves of the United States;
1381	1381	(10) "municipal university" means Washburn university of Topeka or
1382	1382	any other municipal university established under the laws of this state;
1383	1383	(11) "out-of-state postsecondary educational institution" has the
1384	1384	meaning ascribed thereto means the same as defined in K.S.A. 74-32,163,
1385	1385	and amendments thereto;
1386	1386	(12) "postsecondary educational institution" means any state
1387	1387	educational institution, municipal university, community college, technical
1388	1388	college and institute of technology, and includes any entity resulting from
1389	1389	the consolidation or affiliation of any two or more of such postsecondary
1390	1390	educational institutions;
1391	1391	(13) "private postsecondary educational institution" has the meaning
1392	1392	ascribed thereto means the same as defined in K.S.A. 74-32,163, and
1393	1393	amendments thereto;
1394	1394	(14) "state educational institution" means any state educational
1395	1395	institution, the same as defined in K.S.A. 76-711, and amendments thereto;
1396	1396	and
1397	1397	(15) "technical college" means any technical college established
1398	1398	under the laws of this state.
1399	1399	(b) Notwithstanding any other provision of law, a licensing body may
1400	1400	authorize any educational requirements for certification or licensure in this
1401	1401	state to be waived if an applicant provides satisfactory evidence of
1402	1402	completion of a distance education course. To qualify for such a waiver,
1403	1403	the distance education course must be:
1404	1404	(1) Provided by an accredited educational institution; and
1405	1405	(2) substantially equivalent to the educational standards required for
1406	1406	certification or licensure in this state.
1407	1407	(c) Each licensing body may adopt rules and regulations necessary to
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1451	1451	implement and carry out the provisions of this section.
1452	1452	(d) This section shall not apply to the practice of law or the regulation
1453	1453	of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
1454	1454	Sec. 5. K.S.A. 2023 Supp. 48-3601 is hereby amended to read as
1455	1455	follows: 48-3601. (a) A current member of the armed forces of the United
1456	1456	States or the member's spouse or dependent child who is enrolled or has
1457	1457	been accepted for admission at a postsecondary educational institution as a
1458	1458	postsecondary student shall be deemed to be a resident of the state for the
1459	1459	purpose of tuition and fees for attendance at such postsecondary
1460	1460	educational institution.
1461	1461	(b) A person is entitled to pay tuition and fees at an institution of
1462	1462	higher education at the rates provided for Kansas residents without regard
1463	1463	to the length of time the person has resided in the state if the person:
1464	1464	(1) (A) Files a letter of intent to establish residence in the state with
1465	1465	the postsecondary educational institution at which the person intends to
1466	1466	register;
1467	1467	(B) lives in the state while attending the postsecondary educational
1468	1468	institution; and
1469	1469	(C) is eligible for benefits under the federal post-9/11 veterans
1470	1470	educational assistance act of 2008, 38 U.S.C. § 3301 et seq., or any other
1471	1471	federal law authorizing educational benefits for veterans;
1472	1472	(2) (A) is a veteran;
1473	1473	(B) was stationed in Kansas for at least 11 months during service in
1474	1474	the armed forces or had established residency in Kansas prior to service in
1475	1475	the armed forces; and
1476	1476	(C) lives in Kansas at the time of enrollment; or
1477	1477	(3) (A) is the spouse or dependent of a veteran who was stationed in
1478	1478	Kansas for at least 11 months during such veteran's service in the armed
1479	1479	forces or had established residency in Kansas prior to service in the armed
1480	1480	forces; and
1481	1481	(B) lives in Kansas at the time of enrollment.
1482	1482	(c) As used in this section:
1483	1483	(1) "Armed forces" means the army, navy, marine corps, air force,
1484	1484	space force, coast guard, Kansas army or air national guard or any branch
1485	1485	of the military reserves of the United States;
1486	1486	(2) "postsecondary educational institution" means the same as
1487	1487	provided defined in K.S.A. 74-3201b, and amendments thereto; and
1488	1488	(3) "veteran" means a person who has been separated from the armed
1489	1489	forces served in the active military, naval, air or space service and who
1490	1490	was honorably discharged or received a general discharge released
1491	1491	therefrom under honorable conditions other than dishonorable.
1492	1492	(d) This section shall be a part of and supplemental to chapter 48 of
1493	1493	the Kansas Statutes Annotated, and amendments thereto.
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1537	1537	Sec. 6. K.S.A. 65-1116 is hereby amended to read as follows: 65-
1538	1538	1116. (a) Qualification. An applicant for a license to practice as a licensed
1539	1539	practical nurse shall:
1540	1540	(1) Have graduated from an approved school of practical nursing or
1541	1541	professional nursing in the United States or its territories or from a school
1542	1542	of practical nursing or professional nursing in a foreign country which that
1543	1543	is approved by the board as defined in rules and regulations;
1544	1544	(2) have obtained other qualifications not in conflict with this act as
1545	1545	the board may prescribe by rule and regulation; and
1546	1546	(3) file with the board a written application for a license.
1547	1547	(b) If the board finds in evaluating any applicant that such applicant is
1548	1548	deficient in qualification or in the quality of such applicant's educational
1549	1549	experience, the board may require such applicant to fulfill such remedial
1550	1550	or other requirements as the board may prescribe.
1551	1551	(c) License. (1) The board shall issue a license to an applicant to
1552	1552	practice as a practical nurse who has:
1553	1553	(A) Met the qualifications set forth in subsections (a) and (b);
1554	1554	(B) passed a written examination as prescribed by the board; and
1555	1555	(C) no disqualifying factors under K.S.A. 65-1120, and amendments
1556	1556	thereto.
1557	1557	(2) The board may issue a license to practice nursing as a practical
1558	1558	nurse to an applicant who has been duly licensed as a practical nurse by
1559	1559	examination under the laws of another state or territory if, in the opinion of
1560	1560	the board, the applicant meets the qualifications required of a practical
1561	1561	nurse in this state. Verification of the applicant's licensure status shall be
1562	1562	required from the original state of licensure.
1563	1563	(3) The board may authorize the educational requirement under
1564	1564	subsection (a)(1) to be waived for an applicant who has attained a passing
1565	1565	score on the national council licensure examination for practical nurses
1566	1566	and provided evidence to the board of such applicant's practical nursing
1567	1567	experience with the military during a period of active service as a member
1568	1568	of the armed forces. To qualify for such a waiver, the applicant must shall
1569	1569	have been a member or is a current member of the army, navy, marine
1570	1570	corps, air force, space force, air or army national guard of any of the
1571	1571	several states and territories, Puerto Rico and the District of Columbia,
1572	1572	coast guard or any branch component of the military reserves of the United
1573	1573	States, and separated from such military period of active service with an
1574	1574	honorable discharge. Current members of the armed forces are presumed
1575	1575	to be serving honorably. If such applicant was separated from such
1576	1576	military period of active service with a general discharge under honorable
1577	1577	conditions and meets the requirements of this paragraph, the board may
1578	1578	authorize the educational requirements under subsection (a)(1) be waived.
1579	1579	(4) Refresher course. Notwithstanding the provisions of subsections
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1623	1623	(a) and (b), an applicant for a license to practice as a licensed practical
1624	1624	nurse who has not been licensed to practice practical nursing for five years
1625	1625	preceding application shall be required to successfully complete a
1626	1626	refresher course as defined by the board.
1627	1627	(5) Renewal license. A licensed practical nurse licensed under this act
1628	1628	shall be eligible for renewal licenses upon compliance with K.S.A. 65-
1629	1629	1117, and amendments thereto.
1630	1630	(6) Licensure examination within 24 months of graduation. (A)
1631	1631	Persons who do not take the licensure examination within 24 months after
1632	1632	graduation shall petition the board for permission prior to taking the
1633	1633	licensure examination. The board may require the applicant to submit and
1634	1634	complete a plan of study prior to taking the licensure examination.
1635	1635	(B) Persons who are unsuccessful in passing the licensure
1636	1636	examination within 24 months after graduation shall petition the board for
1637	1637	permission prior to subsequent attempts. The board may require the
1638	1638	applicant to submit and complete a plan of study prior to taking the
1639	1639	licensure examination a subsequent time. The study plan shall contain
1640	1640	subjects related to deficiencies identified on the failed examination
1641	1641	profiles.
1642	1642	(7) An application for initial licensure or endorsement will be held
1643	1643	awaiting completion of meeting qualifications for a time period specified
1644	1644	in rules and regulations.
1645	1645	(d) Title and abbreviation. Any person who holds a license to practice
1646	1646	as a licensed practical nurse in this state shall have the right to use the title,
1647	1647	"licensed practical nurse," and the abbreviation, "L.P.N." No other person
1648	1648	shall assume the title or use the abbreviation or any other words, letters,
1649	1649	signs or figures to indicate that the person is a licensed practical nurse.
1650	1650	(e) Temporary permit. The board may issue a temporary permit to
1651	1651	practice nursing as a licensed practical nurse for a period not to exceed 120
1652	1652	days. A temporary permit for 120 days may be issued to an applicant for
1653	1653	licensure as a licensed practical nurse who is a graduate of a practical
1654	1654	school of nursing in a foreign country after verification of licensure in that
1655	1655	foreign country and approval of educational credentials.
1656	1656	(f) Exempt license. The board may issue an exempt license to any
1657	1657	licensee as defined in rules and regulations who makes written application
1658	1658	for such license on a form provided by the board, who remits a fee as
1659	1659	established pursuant to K.S.A. 65-1118, and amendments thereto, and who
1660	1660	is not regularly engaged in the practice of practical nursing in Kansas but
1661	1661	volunteers practical nursing service or is a charitable health care provider
1662	1662	as defined by K.S.A. 75-6102, and amendments thereto. Each exempt
1663	1663	licensee shall be subject to all provisions of the nurse practice act, except
1664	1664	as otherwise provided in this subsection (f). Each exempt license may be
1665	1665	renewed biennially subject to the provisions of this section. The holder of
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1709	1709	the exempt license shall not be required to submit evidence of satisfactory
1710	1710	completion of a program of continuing nursing education for renewal. To
1711	1711	convert an exempt license to an active license, the exempt licensee shall
1712	1712	meet all the requirements of subsection (c) or K.S.A. 65-1117, and
1713	1713	amendments thereto. The board shall have authority to write rules and
1714	1714	regulations to carry out the provisions of this section.
1715	1715	Sec. 7. K.S.A. 2023 Supp. 65-6129 is hereby amended to read as
1716	1716	follows: 65-6129. (a) (1) Application for an emergency medical service
1717	1717	provider certificate shall be made to the board. The board shall not grant
1718	1718	an emergency medical service provider certificate unless the applicant
1719	1719	meets the following requirements:
1720	1720	(A) (i) Has successfully completed coursework required by the rules
1721	1721	and regulations adopted by the board;
1722	1722	(ii) has successfully completed coursework in another jurisdiction
1723	1723	that is substantially equivalent to that required by the rules and regulations
1724	1724	adopted by the board; or
1725	1725	(iii) has provided evidence that such applicant holds a current and
1726	1726	active certification with the national registry of emergency medical
1727	1727	technicians, completed emergency medical technician training as a
1728	1728	member of the army, navy, marine corps, air force, space force, air or army
1729	1729	national guard of any of the several states and territories, Puerto Rico and
1730	1730	the District of Columbia, coast guard or any branch component of the
1731	1731	military reserves of the United States that is substantially equivalent to that
1732	1732	required by the rules and regulations adopted by the board, and such
1733	1733	applicant separated from such military period of active service as a
1734	1734	member of the armed forces with an honorable discharge. Applicants
1735	1735	currently performing active service as a member of the armed forces are
1736	1736	presumed to be serving honorably;
1737	1737	(B) (i) has passed the examination required by the rules and
1738	1738	regulations adopted by the board; or
1739	1739	(ii) has passed the certification or licensing examination in another
1740	1740	jurisdiction that has been approved by the board; and
1741	1741	(C) has paid an application fee required by the rules and regulations
1742	1742	adopted by the board.
1743	1743	(2) The board may grant an emergency medical service provider
1744	1744	certificate to any applicant who meets the requirements under subsection
1745	1745	(a)(1)(A)(iii) but was separated from such military period of active service
1746	1746	as a member of the armed forces with a general discharge under honorable
1747	1747	conditions.
1748	1748	(b) (1) The emergency medical services board may require an original
1749	1749	applicant for certification as an emergency medical services provider to be
1750	1750	fingerprinted and submit to a state and national criminal history record
1751	1751	check. The fingerprints shall be used to identify the applicant and to
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1795	1795	determine whether the applicant has a record of criminal history in this
1796	1796	state or another jurisdiction. The emergency medical services board is
1797	1797	authorized to submit the fingerprints to the Kansas bureau of investigation
1798	1798	and the federal bureau of investigation for a state and national criminal
1799	1799	history record check. The emergency medical services board may use the
1800	1800	information obtained from fingerprinting and the applicant's criminal
1801	1801	history for purposes of verifying the identification of the applicant and
1802	1802	making the official determination of the qualifications and fitness of the
1803	1803	applicant to be issued or to maintain a certificate.
1804	1804	(2) Local and state law enforcement officers and agencies shall assist
1805	1805	the emergency medical services board in taking the fingerprints of
1806	1806	applicants for license, registration, permit or certificate. The Kansas
1807	1807	bureau of investigation shall release all records of adult convictions,
1808	1808	nonconvictions or adjudications in this state and any other state or country
1809	1809	to the emergency medical services board.
1810	1810	(3) The emergency medical services board may fix and collect a fee
1811	1811	as may be required by the board in an amount equal to the cost of
1812	1812	fingerprinting and the criminal history record check. The emergency
1813	1813	medical services board shall remit all moneys received from the fees
1814	1814	established by this section to the state treasurer in accordance with the
1815	1815	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
1816	1816	each such remittance, the state treasurer shall deposit the entire amount in
1817	1817	the state treasury to the credit of the emergency medical services criminal
1818	1818	history and fingerprinting fund.
1819	1819	(4) There is hereby created in the state treasury the emergency
1820	1820	medical services criminal history and fingerprinting fund. All moneys
1821	1821	credited to the fund shall be used to pay the Kansas bureau of investigation
1822	1822	for the processing of fingerprints and criminal history record checks for
1823	1823	the emergency medical services board. The fund shall be administered by
1824	1824	the emergency medical services board. All expenditures from the fund
1825	1825	shall be made in accordance with appropriation acts upon warrants of the
1826	1826	director of accounts and reports issued pursuant to vouchers approved by
1827	1827	the chairperson of the emergency medical services board or the
1828	1828	chairperson's designee.
1829	1829	(c) The board shall not grant an initial advanced emergency medical
1830	1830	technician certificate or paramedic certificate as a result of successful
1831	1831	course completion in the state of Kansas, unless except if the applicant for
1832	1832	such an initial certificate is certified as an emergency medical technician.
1833	1833	(d) An emergency medical service provider certificate shall expire on
1834	1834	the date prescribed by the board. An emergency medical service provider
1835	1835	certificate may be renewed for a period of two years upon payment of a
1836	1836	fee as prescribed by rule and regulation of the board and upon presentation
1837	1837	of satisfactory proof that the emergency medical service provider has
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1881	1881	successfully completed continuing education as prescribed by the board.
1882	1882	(e) All fees received pursuant to the provisions of this section shall be
1883	1883	remitted to the state treasurer in accordance with the provisions of K.S.A.
1884	1884	75-4215, and amendments thereto. Upon receipt of each such remittance,
1885	1885	the state treasurer shall deposit the entire amount in the state treasury to
1886	1886	the credit of the emergency medical services operating fund established by
1887	1887	K.S.A. 65-6151, and amendments thereto.
1888	1888	(f) If a person who was previously certified as an emergency medical
1889	1889	service provider applies for an emergency medical service provider's
1890	1890	certificate after the certificate's expiration, the board may grant a
1891	1891	certificate without the person completing an initial course of instruction or
1892	1892	passing a certification examination if the person has completed education
1893	1893	requirements and has paid a fee as specified in rules and regulations
1894	1894	adopted by the board.
1895	1895	(g) The board shall adopt, through rules and regulations, a formal list
1896	1896	of graduated sanctions for violations of article 61 of chapter 65 of the
1897	1897	Kansas Statutes Annotated, and amendments thereto, that shall specify the
1898	1898	number and severity of violations for the imposition of each level of
1899	1899	sanction.
1900	1900	Sec. 8. K.S.A. 44-706, 48-3401 and 65-1116 and K.S.A. 2023 Supp.
1901	1901	48-3407, 48-3408, 48-3601 and 65-6129 are hereby repealed.
1902	1902	Sec. 9. This act shall take effect and be in force from and after its
1903	1903	publication in the statute book.
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