Session of 2024
HOUSE BILL No. 2758
By Committee on Veterans and Military
Requested by Representative Goddard on behalf of Representative Dodson
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AN ACT concerning veterans and military; relating to the armed forces of
the United States; clarifying the definition of armed forces; updating
the definition thereof to include the space force; amending K.S.A. 44-
706, 48-3401 and 65-1116 and K.S.A. 2023 Supp. 48-3407, 48-3408,
48-3601 and 65-6129 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-706 is hereby amended to read as follows: 44-
706. The secretary shall examine whether an individual has separated from
employment for each week claimed. The secretary shall apply the
provisions of this section to the individual's most recent employment prior
to the week claimed. An individual shall be disqualified for benefits:
(a) If the individual left work voluntarily without good cause
attributable to the work or the employer, subject to the other provisions of
this subsection. For purposes of this subsection, "good cause" is cause of
such gravity that would impel a reasonable, not supersensitive, individual
exercising ordinary common sense to leave employment. Good cause
requires a showing of good faith of the individual leaving work, including
the presence of a genuine desire to work. Failure to return to work after
expiration of approved personal or medical leave, or both, shall be
considered a voluntary resignation. After a temporary job assignment,
failure of an individual to affirmatively request an additional assignment
on the next succeeding workday, if required by the employment
agreement, after completion of a given work assignment, shall constitute
leaving work voluntarily. The disqualification shall begin the day
following the separation and shall continue until after the individual has
become reemployed and has had earnings from insured work of at least
three times the individual's weekly benefit amount. An individual shall not
be disqualified under this subsection if:
(1) The individual was forced to leave work because of illness or
injury upon the advice of a licensed and practicing health care provider
and, upon learning of the necessity for absence, immediately notified the
employer thereof, or the employer consented to the absence, and after
recovery from the illness or injury, when recovery was certified by a
practicing health care provider, the individual returned to the employer and
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offered to perform services and the individual's regular work or
comparable and suitable work was not available. As used in this paragraph
"health care provider" means any person licensed by the proper licensing
authority of any state to engage in the practice of medicine and surgery,
osteopathy, chiropractic, dentistry, optometry, podiatry or psychology;
(2) the individual left temporary work to return to the regular
employer;
(3) the individual left work to enlist enter active service in the armed
forces of the United States, but was rejected or delayed from entry;
(4) the spouse of an individual who is a member of the armed forces
of the United States who left work because of the voluntary or involuntary
transfer of the individual's spouse from one job to another job, which that
is for the same employer or for a different employer, at a geographic
location which that makes it unreasonable for the individual to continue
work at the individual's job. For the purposes of this provision the term
"member of the armed forces" means active duty a person performing
active service in the army, navy, marine corps, air force, space force, coast
guard or any branch component of the military reserves of the United
States;
(5) the individual left work because of hazardous working conditions;
in determining whether or not working conditions are hazardous for an
individual, the degree of risk involved to the individual's health, safety and
morals, the individual's physical fitness and prior training and the working
conditions of workers engaged in the same or similar work for the same
and other employers in the locality shall be considered; as used in this
paragraph, "hazardous working conditions" means working conditions that
could result in a danger to the physical or mental well-being of the
individual; each determination as to whether hazardous working
conditions exist shall include, but shall not be limited to, a consideration
of: (A) The safety measures used or the lack thereof; and (B) the condition
of equipment or lack of proper equipment; no work shall be considered
hazardous if the working conditions surrounding the individual's work are
the same or substantially the same as the working conditions generally
prevailing among individuals performing the same or similar work for
other employers engaged in the same or similar type of activity;
(6) the individual left work to enter training approved under section
236(a)(1) of the federal trade act of 1974, provided the work left is not of a
substantially equal or higher skill level than the individual's past adversely
affected employment, as defined for purposes of the federal trade act of
1974, and wages for such work are not less than 80% of the individual's
average weekly wage as determined for the purposes of the federal trade
act of 1974;
(7) the individual left work because of unwelcome harassment of the
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individual by the employer or another employee of which the employing
unit had knowledge and that would impel the average worker to give up
such worker's employment;
(8) the individual left work to accept better work; each determination
as to whether or not the work accepted is better work shall include, but
shall not be limited to, consideration of: (A) The rate of pay, the hours of
work and the probable permanency of the work left as compared to the
work accepted; (B) the cost to the individual of getting to the work left in
comparison to the cost of getting to the work accepted; and (C) the
distance from the individual's place of residence to the work accepted in
comparison to the distance from the individual's residence to the work left;
(9) the individual left work as a result of being instructed or requested
by the employer, a supervisor or a fellow employee to perform a service or
commit an act in the scope of official job duties which that is in violation
of an ordinance or statute;
(10) the individual left work because of a substantial violation of the
work agreement by the employing unit and, before the individual left, the
individual had exhausted all remedies provided in such agreement for the
settlement of disputes before terminating. For the purposes of this
paragraph, a demotion based on performance does not constitute a
violation of the work agreement;
(11) after making reasonable efforts to preserve the work, the
individual left work due to a personal emergency of such nature and
compelling urgency that it would be contrary to good conscience to
impose a disqualification; or
(12) (A) the individual left work due to circumstances resulting from
domestic violence, including:
(i) The individual's reasonable fear of future domestic violence at or
en route to or from the individual's place of employment;
(ii) the individual's need to relocate to another geographic area in
order to avoid future domestic violence;
(iii) the individual's need to address the physical, psychological and
legal impacts of domestic violence;
(iv) the individual's need to leave employment as a condition of
receiving services or shelter from an agency which that provides support
services or shelter to victims of domestic violence; or
(v) the individual's reasonable belief that termination of employment
is necessary to avoid other situations which that may cause domestic
violence and to provide for the future safety of the individual or the
individual's family.
(B) An individual may prove the existence of domestic violence by
providing one of the following:
(i) A restraining order or other documentation of equitable relief by a
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court of competent jurisdiction;
(ii) a police record documenting the abuse;
(iii) documentation that the abuser has been convicted of one or more
of the offenses enumerated in articles 34 and 35 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or articles 54 or 55 of
chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325,
21-6326 or 21-6418 through 21-6422, and amendments thereto, where the
victim was a family or household member;
(iv) medical documentation of the abuse;
(v) a statement provided by a counselor, social worker, health care
provider, clergy, shelter worker, legal advocate, domestic violence or
sexual assault advocate or other professional who has assisted the
individual in dealing with the effects of abuse on the individual or the
individual's family; or
(vi) a sworn statement from the individual attesting to the abuse.
(C) No evidence of domestic violence experienced by an individual,
including the individual's statement and corroborating evidence, shall be
disclosed by the department of labor unless consent for disclosure is given
by the individual.
(b) If the individual has been discharged or suspended for misconduct
connected with the individual's work. The disqualification shall begin the
day following the separation and shall continue until after the individual
becomes reemployed and in cases where the disqualification is due to
discharge for misconduct has had earnings from insured work of at least
three times the individual's determined weekly benefit amount, except that
if an individual is discharged for gross misconduct connected with the
individual's work, such individual shall be disqualified for benefits until
such individual again becomes employed and has had earnings from
insured work of at least eight times such individual's determined weekly
benefit amount. In addition, all wage credits attributable to the
employment from which the individual was discharged for gross
misconduct connected with the individual's work shall be canceled. No
such cancellation of wage credits shall affect prior payments made as a
result of a prior separation.
(1) For the purposes of this As used in this subsection, "misconduct"
is defined as means a violation of a duty or obligation reasonably owed the
employer as a condition of employment including, but not limited to, a
violation of a company rule, including a safety rule, if: (A) The individual
knew or should have known about the rule; (B) the rule was lawful and
reasonably related to the job; and (C) the rule was fairly and consistently
enforced.
(2) (A) Failure of the employee to notify the employer of an absence
and an individual's leaving work prior to the end of such individual's
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assigned work period without permission shall be considered prima facie
evidence of a violation of a duty or obligation reasonably owed the
employer as a condition of employment.
(B) For the purposes of this subsection, misconduct shall include, but
not be limited to, violation of the employer's reasonable attendance
expectations if the facts show:
(i) The individual was absent or tardy without good cause;
(ii) the individual had knowledge of the employer's attendance
expectation; and
(iii) the employer gave notice to the individual that future absence or
tardiness may or will result in discharge.
(C) For the purposes of this subsection, if an employee disputes being
absent or tardy without good cause, the employee shall present evidence
that a majority of the employee's absences or tardiness were for good
cause. If the employee alleges that the employee's repeated absences or
tardiness were the result of health related issues, such evidence shall
include documentation from a licensed and practicing health care provider
as defined in subsection (a)(1).
(3) (A) The term "gross misconduct" as used in this subsection shall
be construed to mean conduct evincing extreme, willful or wanton
misconduct as defined by this subsection. Gross misconduct shall include,
but not be limited to: (i) Theft; (ii) fraud; (iii) intentional damage to
property; (iv) intentional infliction of personal injury; or (v) any conduct
that constitutes a felony.
(B) For the purposes of this subsection, the following shall be
conclusive evidence of gross misconduct:
(i) The use of alcoholic liquor, cereal malt beverage or a
nonprescribed controlled substance by an individual while working;
(ii) the impairment caused by alcoholic liquor, cereal malt beverage
or a nonprescribed controlled substance by an individual while working;
(iii) a positive breath alcohol test or a positive chemical test, provided
if:
(a) The test was either:
(1) Required by law and was administered pursuant to the drug free
workplace act, 41 U.S.C. § 701 et seq.;
(2) administered as part of an employee assistance program or other
drug or alcohol treatment program in which the employee was
participating voluntarily or as a condition of further employment;
(3) requested pursuant to a written policy of the employer of which
the employee had knowledge and was a required condition of
employment;
(4) required by law and the test constituted a required condition of
employment for the individual's job; or
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(5) there was reasonable suspicion to believe that the individual used,
had possession of, or was impaired by alcoholic liquor, cereal malt
beverage or a nonprescribed controlled substance while working;
(b) the test sample was collected either:
(1) As prescribed by the drug free workplace act, 41 U.S.C. § 701 et
seq.;
(2) as prescribed by an employee assistance program or other drug or
alcohol treatment program in which the employee was participating
voluntarily or as a condition of further employment;
(3) as prescribed by the written policy of the employer of which the
employee had knowledge and which that constituted a required condition
of employment;
(4) as prescribed by a test which that was required by law and which
constituted a required condition of employment for the individual's job; or
(5) at a time contemporaneous with the events establishing probable
cause;
(c) the collecting and labeling of a chemical test sample was
performed by a licensed health care professional or any other individual
certified pursuant to paragraph (b)(3)(A)(iii)(f) or authorized to collect or
label test samples by federal or state law, or a federal or state rule or
regulation having the force or effect of law, including law enforcement
personnel;
(d) the chemical test was performed by a laboratory approved by the
United States department of health and human services or licensed by the
department of health and environment, except that a blood sample may be
tested for alcohol content by a laboratory commonly used for that purpose
by state law enforcement agencies;
(e) the chemical test was confirmed by gas chromatography, gas
chromatography-mass spectroscopy or other comparably reliable
analytical method, except that no such confirmation is required for a blood
alcohol sample or a breath alcohol test;
(f) the breath alcohol test was administered by an individual trained
to perform breath tests, the breath testing instrument used was certified
and operated strictly according to a description provided by the
manufacturers and the reliability of the instrument performance was
assured by testing with alcohol standards; and
(g) the foundation evidence establishes, beyond a reasonable doubt,
that the test results were from the sample taken from the individual;
(iv) an individual's refusal to submit to a chemical test or breath
alcohol test, provided if:
(a) The test meets the standards of the drug free workplace act, 41
U.S.C. § 701 et seq.;
(b) the test was administered as part of an employee assistance
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program or other drug or alcohol treatment program in which the
employee was participating voluntarily or as a condition of further
employment;
(c) the test was otherwise required by law and the test constituted a
required condition of employment for the individual's job;
(d) the test was requested pursuant to a written policy of the employer
of which the employee had knowledge and was a required condition of
employment; or
(e) there was reasonable suspicion to believe that the individual used,
possessed or was impaired by alcoholic liquor, cereal malt beverage or a
nonprescribed controlled substance while working; and
(v) an individual's dilution or other tampering of a chemical test.
(C) For purposes of this subsection:
(i) "Alcohol concentration" means the number of grams of alcohol
per 210 liters of breath;
(ii) "alcoholic liquor" means the same as provided defined in K.S.A.
41-102, and amendments thereto;
(iii) "cereal malt beverage" means the same as provided defined in
K.S.A. 41-2701, and amendments thereto;
(iv) "chemical test" includes, but is not limited to, tests of urine,
blood or saliva;
(v) "controlled substance" means the same as provided defined in
K.S.A. 21-5701, and amendments thereto;
(vi) "required by law" means required by a federal or state law, a
federal or state rule or regulation having the force and effect of law, a
county resolution or municipal ordinance, or a policy relating to public
safety adopted in an open meeting by the governing body of any special
district or other local governmental entity;
(vii) "positive breath test" means a test result showing an alcohol
concentration of 0.04 or greater, or the levels listed in 49 C.F.R. part 40, if
applicable, unless the test was administered as part of an employee
assistance program or other drug or alcohol treatment program in which
the employee was participating voluntarily or as a condition of further
employment, in which case "positive chemical test" shall mean means a
test result showing an alcohol concentration at or above the levels
provided for in the assistance or treatment program; and
(viii) "positive chemical test" means a chemical result showing a
concentration at or above the levels listed in K.S.A. 44-501, and
amendments thereto, or 49 C.F.R. part 40, as applicable, for the drugs or
abuse listed therein, unless the test was administered as part of an
employee assistance program or other drug or alcohol treatment program
in which the employee was participating voluntarily or as a condition of
further employment, in which case "positive chemical test" means a
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chemical result showing a concentration at or above the levels provided for
in the assistance or treatment program.
(4) An individual shall not be disqualified under this subsection if the
individual is discharged under the following circumstances:
(A) The employer discharged the individual after learning the
individual was seeking other work or when the individual gave notice of
future intent to quit, except that the individual shall be disqualified after
the time at which that such individual intended to quit and any individual
who commits misconduct after such individual gives notice to such
individual's intent to quit shall be disqualified;
(B) the individual was making a good-faith effort to do the assigned
work but was discharged due to:
(i) Inefficiency;
(ii) unsatisfactory performance due to inability, incapacity or lack of
training or experience;
(iii) isolated instances of ordinary negligence or inadvertence;
(iv) good-faith errors in judgment or discretion; or
(v) unsatisfactory work or conduct due to circumstances beyond the
individual's control; or
(C) the individual's refusal to perform work in excess of the contract
of hire.
(c) If the individual has failed, without good cause, to either apply for
suitable work when so directed by the employment office of the secretary
of labor, or to accept suitable work when offered to the individual by the
employment office, the secretary of labor, or an employer, such
disqualification shall begin with the week in which such failure occurred
and shall continue until the individual becomes reemployed and has had
earnings from insured work of at least three times such individual's
determined weekly benefit amount. In determining whether or not any
work is suitable for an individual, the secretary of labor, or a person or
persons designated by the secretary, shall consider the degree of risk
involved to health, safety and morals, physical fitness and prior training,
experience and prior earnings, length of unemployment and prospects for
securing local work in the individual's customary occupation or work for
which the individual is reasonably fitted fit by training or experience, and
the distance of the available work from the individual's residence.
Notwithstanding any other provisions of this act, an otherwise eligible
individual shall not be disqualified for refusing an offer of suitable
employment, or failing to apply for suitable employment when notified by
an employment office, or for leaving the individual's most recent work
accepted during approved training, including training approved under
section 236(a)(1) of the trade act of 1974, if the acceptance of or applying
for suitable employment or continuing such work would require the
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individual to terminate approved training and no work shall be deemed
suitable and benefits shall not be denied under this act to any otherwise
eligible individual for refusing to accept new work under any of the
following conditions:
(1) If the position offered is vacant due directly to a strike, lockout or
other labor dispute;
(2) if the remuneration, hours or other conditions of the work offered
are substantially less favorable to the individual than those prevailing for
similar work in the locality;
(3) if as a condition of being employed, the individual would be
required to join or to resign from or refrain from joining any labor
organization; and
(4) if the individual left employment as a result of domestic violence,
and the position offered does not reasonably accommodate the individual's
physical, psychological, safety, or legal needs relating to such domestic
violence.
(d) For any week with respect to which the secretary of labor, or a
person or persons designated by the secretary, finds that the individual's
unemployment is due to a stoppage of work which that exists because of a
labor dispute or there would have been a work stoppage had normal
operations not been maintained with other personnel previously and
currently employed by the same employer at the factory, establishment or
other premises at which the individual is or was last employed, except that
this subsection (d) shall not apply if it is shown to the satisfaction of the
secretary of labor, or a person or persons designated by the secretary, that:
(1) The individual is not participating in or financing or directly
interested in the labor dispute which that caused the stoppage of work; and
(2) the individual does not belong to a grade or class of workers of
which, immediately before the commencement of the stoppage, there were
members employed at the premises at which where the stoppage occurs
any of whom are participating in or financing or directly interested in the
dispute. If in any case separate branches of work which that are commonly
conducted as separate businesses in separate premises are conducted in
separate departments of the same premises, each such department shall, for
the purpose of this subsection be deemed to be a separate factory,
establishment or other premises. For the purposes of this subsection,
failure or refusal to cross a picket line or refusal for any reason during the
continuance of such labor dispute to accept the individual's available and
customary work at the factory, establishment or other premises where the
individual is or was last employed shall be considered as participation and
interest in the labor dispute.
(e) For any week with respect to which or a part of the week in which
the individual has received or is seeking unemployment benefits under the
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unemployment compensation law of any other state or of the United
States, except that if the appropriate agency of such other state or the
United States finally determines that the individual is not entitled to such
unemployment benefits, this disqualification shall not apply.
(f) For any week with respect to for which the individual is entitled to
receive any unemployment allowance or compensation granted by the
United States under an act of congress to ex-service men and women
former members of the armed forces in recognition of former service with
the military or, naval, air or space services of the United States.
(g) If the individual, or another in such individual's behalf with the
knowledge of the individual, has knowingly made a false statement or
representation, or has knowingly failed to disclose a material fact to obtain
or increase benefits under this act or any other unemployment
compensation law administered by the secretary of labor, unless the
individual has repaid the full amount of the overpayment as determined by
the secretary or the secretary's designee, including, but not limited to, the
total amount of money erroneously paid as benefits or unlawfully
obtained, interest, penalties and any other costs or fees provided by law. If
the individual has made such repayment, the individual shall be
disqualified for a period of one year for the first occurrence or five years
for any subsequent occurrence, beginning with the first day following the
date the department of labor confirmed the individual has successfully
repaid the full amount of the overpayment. In addition to the penalties set
forth in K.S.A. 44-719, and amendments thereto, an individual who has
knowingly made a false statement or representation or who has knowingly
failed to disclose a material fact to obtain or increase benefits under this
act or any other unemployment compensation law administered by the
secretary of labor shall be liable for a penalty in the amount equal to 25%
of the amount of benefits unlawfully received. Notwithstanding any other
provision of law, such penalty shall be deposited into the employment
security trust fund. No person who is a victim of identify theft shall be
subject to the provisions of this subsection. The secretary shall investigate
all cases of an alleged false statement or representation or failure to
disclose a material fact to ensure no victim of identity theft is disqualified,
required to repay or subject to any penalty as provided by this subsection
as a result of identity theft.
(h) For any week with respect to for which the individual is receiving
compensation for temporary total disability or permanent total disability
under the workmen's compensation law of any state or under a similar law
of the United States.
(i) For any week of unemployment on the basis of service in an
instructional, research or principal administrative capacity for an
educational institution as defined in K.S.A. 44-703(v), and amendments
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thereto, if such week begins during the period between two successive
academic years or terms or, when an agreement provides instead for a
similar period between two regular but not successive terms during such
period or during a period of paid sabbatical leave provided for in the
individual's contract, if the individual performs such services in the first of
such academic years or terms and there is a contract or a reasonable
assurance that such individual will perform services in any such capacity
for any educational institution in the second of such academic years or
terms.
(j) For any week of unemployment on the basis of service in any
capacity other than service in an instructional, research, or administrative
capacity in an educational institution, as defined in K.S.A. 44-703(v), and
amendments thereto, if such week begins during the period between two
successive academic years or terms if the individual performs such
services in the first of such academic years or terms and there is a
reasonable assurance that the individual will perform such services in the
second of such academic years or terms, except that if benefits are denied
to the individual under this subsection and the individual was not offered
an opportunity to perform such services for the educational institution for
the second of such academic years or terms, such individual shall be
entitled to a retroactive payment of benefits for each week for which the
individual filed a timely claim for benefits and for which such benefits
were denied solely by reason of this subsection.
(k) For any week of unemployment on the basis of service in any
capacity for an educational institution as defined in K.S.A. 44-703(v), and
amendments thereto, if such week begins during an established and
customary vacation period or holiday recess, if the individual performs
services in the period immediately before such vacation period or holiday
recess and there is a reasonable assurance that such individual will perform
such services in the period immediately following such vacation period or
holiday recess.
(l) For any week of unemployment on the basis of any services,
substantially all of which consist consisting of participating in sports or
athletic events or training or preparing to so participate, if such week
begins during the period between two successive sport seasons or similar
period if such individual performed services in the first of such seasons or
similar periods and there is a reasonable assurance that such individual
will perform such services in the later of such seasons or similar periods.
(m) For any week on the basis of services performed by an alien
unless such alien is an individual who was lawfully admitted for
permanent residence at the time such services were performed, was
lawfully present for purposes of performing such services, or was
permanently residing in the United States under color of law at the time
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such services were performed, including an alien who was lawfully present
in the United States as a result of the application of the provisions of
section 212(d)(5) of the federal immigration and nationality act. Any data
or information required of individuals applying for benefits to determine
whether benefits are not payable to them because of their alien status shall
be uniformly required from all applicants for benefits. In the case of an
individual whose application for benefits would otherwise be approved, no
determination that benefits to such individual are not payable because of
such individual's alien status shall be made except upon a preponderance
of the evidence.
(n) For any week in which an individual is receiving a governmental
or other pension, retirement or retired pay, annuity or other similar
periodic payment under a plan maintained by a base period employer and
to which the entire contributions were provided by such employer, except
that:
(1) If the entire contributions to such plan were provided by the base
period employer but such individual's weekly benefit amount exceeds such
governmental or other pension, retirement or retired pay, annuity or other
similar periodic payment attributable to such week, the weekly benefit
amount payable to the individual shall be reduced, but not below zero, by
an amount equal to the amount of such pension, retirement or retired pay,
annuity or other similar periodic payment which that is attributable to such
week; or
(2) if only a portion of contributions to such plan were provided by
the base period employer, the weekly benefit amount payable to such
individual for such week shall be reduced, but not below zero, by the
prorated weekly amount of the pension, retirement or retired pay, annuity
or other similar periodic payment after deduction of that portion of the
pension, retirement or retired pay, annuity or other similar periodic
payment that is directly attributable to the percentage of the contributions
made to the plan by such individual; or
(3) if the entire contributions to the plan were provided by such
individual, or by the individual and an employer, or any person or
organization, who is not a base period employer, no reduction in the
weekly benefit amount payable to the individual for such week shall be
made under this subsection; or
(4) whatever portion of contributions to such plan were provided by
the base period employer, if the services performed for the employer by
such individual during the base period, or remuneration received for the
services, did not affect the individual's eligibility for, or increased the
amount of, such pension, retirement or retired pay, annuity or other similar
periodic payment, no reduction in the weekly benefit amount payable to
the individual for such week shall be made under this subsection. No
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reduction shall be made for payments made under the social security act or
railroad retirement act of 1974.
(o) For any week of unemployment on the basis of services
performed in any capacity and under any of the circumstances described in
subsection (i), (j) or (k) that an individual performed in an educational
institution while in the employ of an educational service agency. For the
purposes of this subsection, the term "educational service agency" means a
governmental agency or entity which that is established and operated
exclusively for the purpose of providing such services to one or more
educational institutions.
(p) For any week of unemployment on the basis of service as a school
bus or other motor vehicle driver employed by a private contractor to
transport pupils, students and school personnel to or from school-related
functions or activities for an educational institution, as defined in K.S.A.
44-703(v), and amendments thereto, if such week begins during the period
between two successive academic years or during a similar period between
two regular terms, whether or not successive, if the individual has a
contract or contracts, or a reasonable assurance thereof, to perform
services in any such capacity with a private contractor for any educational
institution for both such academic years or both such terms. An individual
shall not be disqualified for benefits as provided in this subsection for any
week of unemployment on the basis of service as a bus or other motor
vehicle driver employed by a private contractor to transport persons to or
from nonschool-related functions or activities.
(q) For any week of unemployment on the basis of services
performed by the individual in any capacity and under any of the
circumstances described in subsection (i), (j), (k) or (o) which that are
provided to or on behalf of an educational institution, as defined in K.S.A.
44-703(v), and amendments thereto, while the individual is in the employ
of an employer which that is a governmental entity, Indian tribe or any
employer described in section 501(c)(3) of the federal internal revenue
code of 1986 which that is exempt from income under section 501(a) of
the code.
(r) For any week in which an individual is registered at and attending
an established school, training facility or other educational institution, or is
on vacation during or between two successive academic years or terms. An
individual shall not be disqualified for benefits as provided in this
subsection provided if:
(1) The individual was engaged in full-time employment concurrent
with the individual's school attendance;
(2) the individual is attending approved training as defined in K.S.A.
44-703(s), and amendments thereto; or
(3) the individual is attending evening, weekend or limited day time
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classes, which that would not affect availability for work, and is otherwise
eligible under K.S.A. 44-705(c), and amendments thereto.
(s) For any week with respect to in which an individual is receiving
or has received remuneration in the form of a back pay award or
settlement. The remuneration shall be allocated to the week or weeks in
the manner as specified in the award or agreement, or in the absence of
such specificity in the award or agreement, such remuneration shall be
allocated to the week or weeks in for which such remuneration, in the
judgment of the secretary, would have been paid.
(1) For any such weeks that an individual receives remuneration in
the form of a back pay award or settlement, an overpayment will be
established in the amount of unemployment benefits paid and shall be
collected from the claimant.
(2) If an employer chooses to withhold from a back pay award or
settlement, amounts paid to a claimant while they claimed unemployment
benefits, such employer shall pay the department the amount withheld.
With respect to such amount, the secretary shall have available all of the
collection remedies authorized or provided in K.S.A. 44-717, and
amendments thereto.
(t) (1) Any applicant for or recipient of unemployment benefits who
tests positive for unlawful use of a controlled substance or controlled
substance analog shall be required to complete a substance abuse treatment
program approved by the secretary of labor, secretary of commerce or
secretary for children and families, and a job skills program approved by
the secretary of labor, secretary of commerce or the secretary for children
and families. Subject to applicable federal laws, any applicant for or
recipient of unemployment benefits who fails to complete or refuses to
participate in the substance abuse treatment program or job skills program
as required under this subsection shall be ineligible to receive
unemployment benefits until completion of such substance abuse
treatment and job skills programs. Upon completion of both substance
abuse treatment and job skills programs, such applicant for or recipient of
unemployment benefits may be subject to periodic drug screening, as
determined by the secretary of labor. Upon a second positive test for
unlawful use of a controlled substance or controlled substance analog, an
applicant for or recipient of unemployment benefits shall be ordered to
complete again a substance abuse treatment program and job skills
program, and shall be terminated from unemployment benefits for a period
of 12 months, or until such applicant for or recipient of unemployment
benefits completes both substance abuse treatment and job skills programs,
whichever is later. Upon a third positive test for unlawful use of a
controlled substance or controlled substance analog, an applicant for or a
recipient of unemployment benefits shall be terminated from receiving
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unemployment benefits, subject to applicable federal law.
(2) Any individual who has been discharged or refused employment
for failing a preemployment drug screen required by an employer may
request that the drug screening specimen be sent to a different drug testing
facility for an additional drug screening. Any such individual who requests
an additional drug screening at a different drug testing facility shall be
required to pay the cost of drug screening.
(u) If the individual was found not to have a disqualifying
adjudication or conviction under K.S.A. 39-970 or 65-5117, and
amendments thereto, was hired and then was subsequently convicted of a
disqualifying felony under K.S.A. 39-970 or 65-5117, and amendments
thereto, and discharged pursuant to K.S.A. 39-970 or 65-5117, and
amendments thereto. The disqualification shall begin the day following the
separation and shall continue until after the individual becomes
reemployed and has had earnings from insured work of at least three times
the individual's determined weekly benefit amount.
(v) Notwithstanding the provisions of any subsection, an individual
shall not be disqualified for such week of part-time employment in a
substitute capacity for an educational institution if such individual's most
recent employment prior to the individual's benefit year begin date was for
a non-educational institution and such individual demonstrates application
for work in such individual's customary occupation or for work for which
the individual is reasonably fitted fit by training or experience.
Sec. 2. K.S.A. 48-3401 is hereby amended to read as follows: 48-
3401. As used in K.S.A. 48-3401 through 48-3405 of this act:
(a) "Military Active service" means service on active duty performed
by a licensee in who is a member of the army, navy, marine corps, air
force, space force, air or army national guard of any of the several states
and territories, Puerto Rico and the District of Columbia, coast guard or
any branch component of the military reserves of the United States.
(b) "License" means any permit, certificate, authority, privilege or
registration whether temporary or permanent issued, granted or made by
the state of Kansas or any officer, board, department or commission or
agency thereof authorizing a person to engage in or practice an occupation
or profession in this state.
(c) "Licensee" means a person who had, at the time of commencing a
period of military service, a valid, existing license to engage in or practice
an occupation or profession in this state. "Licensee" also means a person
who, while in military performing active service, obtains a valid license to
engage in or practice an occupation or profession in this state.
Sec. 3. K.S.A. 2023 Supp. 48-3407 is hereby amended to read as
follows: 48-3407. (a) For the purposes of As used in this section:
(1) "Applicant" means a person who entered into military active
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service and separated from such military active service with an honorable
discharge or a general discharge under honorable conditions;
(2) "licensing body" has the meaning ascribed thereto means the
same as defined in K.S.A. 74-146, and amendments thereto, except for
licensing boards under K.S.A. 65-1116 and 65-6129, and amendments
thereto; and
(3) "military active service" means service on active duty performed
by a member of the army, navy, marine corps, air force, space force, air or
army national guard of any state of the several states and territories,
Puerto Rico and the District of Columbia, coast guard or any branch
component of the military reserves of the United States.
(b) (1) Notwithstanding any other provision of law, upon presentation
of a completed application by an applicant with an honorable discharge for
certification or licensure, a licensing body shall accept education, training
or service completed in military active service by the applicant towards
any educational requirements for certification or licensure in this state if
the applicant demonstrates to the satisfaction of the licensing body that
such education, training or service obtained is substantially equivalent to
the existing educational requirements of such licensure or certification. No
education, training or service shall count towards any examination
requirements unless such licensing body has provided a waiver for such
requirement. The licensing body may require the applicant to provide
documentation of such education, training or service as deemed necessary
by the licensing body to determine substantial equivalency.
(2) A licensing board under this section may accept education,
training or service completed in military active service towards any
educational requirements for certification or licensure in this state if an
applicant was separated from military service the armed forces with a
general discharge under honorable conditions.
(c) Each licensing body may adopt rules and regulations necessary to
implement and carry out the provisions of this section.
(d) This section shall not apply to the practice of law or the regulation
of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
Sec. 4. K.S.A. 2023 Supp. 48-3408 is hereby amended to read as
follows: 48-3408. (a) For the purposes of As used in this section:
(1) "Accreditation" has the meaning ascribed thereto means the same
as defined in K.S.A. 74-32,163, and amendments thereto;
(2) "accredited educational institution" means an educational
institution that has achieved and maintained accreditation;
(3) "applicant" means a person who entered into military active
service and separated from such military service the armed forces under
conditions other than dishonorable;
(4) "community college" means any community college established
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under the laws of this state;
(5) "distance education course" means a course consisting solely or
primarily of instruction provided online or in other computer-assisted
formats, or by correspondence, audiotape, videotape or other media;
(6) "educational institution" means any postsecondary educational
institution, private postsecondary educational institution and out-of-state
postsecondary educational institution;
(7) "institute of technology" or "Washburn institute of technology"
means the institute of technology at Washburn university;
(8) "licensing body" has the meaning ascribed thereto means the
same as defined in K.S.A. 74-146, and amendments thereto;
(9) "militaryactive service" means service on active duty performed
by a member of the army, navy, marine corps, air force, space force, air or
army national guard of any state of the several states and territories,
Puerto Rico and the District of Columbia, coast guard or any branch
component of the military reserves of the United States;
(10) "municipal university" means Washburn university of Topeka or
any other municipal university established under the laws of this state;
(11) "out-of-state postsecondary educational institution" has the
meaning ascribed thereto means the same as defined in K.S.A. 74-32,163,
and amendments thereto;
(12) "postsecondary educational institution" means any state
educational institution, municipal university, community college, technical
college and institute of technology, and includes any entity resulting from
the consolidation or affiliation of any two or more of such postsecondary
educational institutions;
(13) "private postsecondary educational institution" has the meaning
ascribed thereto means the same as defined in K.S.A. 74-32,163, and
amendments thereto;
(14) "state educational institution" means any state educational
institution, the same as defined in K.S.A. 76-711, and amendments thereto;
and
(15) "technical college" means any technical college established
under the laws of this state.
(b) Notwithstanding any other provision of law, a licensing body may
authorize any educational requirements for certification or licensure in this
state to be waived if an applicant provides satisfactory evidence of
completion of a distance education course. To qualify for such a waiver,
the distance education course must be:
(1) Provided by an accredited educational institution; and
(2) substantially equivalent to the educational standards required for
certification or licensure in this state.
(c) Each licensing body may adopt rules and regulations necessary to
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implement and carry out the provisions of this section.
(d) This section shall not apply to the practice of law or the regulation
of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
Sec. 5. K.S.A. 2023 Supp. 48-3601 is hereby amended to read as
follows: 48-3601. (a) A current member of the armed forces of the United
States or the member's spouse or dependent child who is enrolled or has
been accepted for admission at a postsecondary educational institution as a
postsecondary student shall be deemed to be a resident of the state for the
purpose of tuition and fees for attendance at such postsecondary
educational institution.
(b) A person is entitled to pay tuition and fees at an institution of
higher education at the rates provided for Kansas residents without regard
to the length of time the person has resided in the state if the person:
(1) (A) Files a letter of intent to establish residence in the state with
the postsecondary educational institution at which the person intends to
register;
(B) lives in the state while attending the postsecondary educational
institution; and
(C) is eligible for benefits under the federal post-9/11 veterans
educational assistance act of 2008, 38 U.S.C. § 3301 et seq., or any other
federal law authorizing educational benefits for veterans;
(2) (A) is a veteran;
(B) was stationed in Kansas for at least 11 months during service in
the armed forces or had established residency in Kansas prior to service in
the armed forces; and
(C) lives in Kansas at the time of enrollment; or
(3) (A) is the spouse or dependent of a veteran who was stationed in
Kansas for at least 11 months during such veteran's service in the armed
forces or had established residency in Kansas prior to service in the armed
forces; and
(B) lives in Kansas at the time of enrollment.
(c) As used in this section:
(1) "Armed forces" means the army, navy, marine corps, air force,
space force, coast guard, Kansas army or air national guard or any branch
of the military reserves of the United States;
(2) "postsecondary educational institution" means the same as
provided defined in K.S.A. 74-3201b, and amendments thereto; and
(3) "veteran" means a person who has been separated from the armed
forces served in the active military, naval, air or space service and who
was honorably discharged or received a general discharge released
therefrom under honorable conditions other than dishonorable.
(d) This section shall be a part of and supplemental to chapter 48 of
the Kansas Statutes Annotated, and amendments thereto.
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Sec. 6. K.S.A. 65-1116 is hereby amended to read as follows: 65-
1116. (a) Qualification. An applicant for a license to practice as a licensed
practical nurse shall:
(1) Have graduated from an approved school of practical nursing or
professional nursing in the United States or its territories or from a school
of practical nursing or professional nursing in a foreign country which that
is approved by the board as defined in rules and regulations;
(2) have obtained other qualifications not in conflict with this act as
the board may prescribe by rule and regulation; and
(3) file with the board a written application for a license.
(b) If the board finds in evaluating any applicant that such applicant is
deficient in qualification or in the quality of such applicant's educational
experience, the board may require such applicant to fulfill such remedial
or other requirements as the board may prescribe.
(c) License. (1) The board shall issue a license to an applicant to
practice as a practical nurse who has:
(A) Met the qualifications set forth in subsections (a) and (b);
(B) passed a written examination as prescribed by the board; and
(C) no disqualifying factors under K.S.A. 65-1120, and amendments
thereto.
(2) The board may issue a license to practice nursing as a practical
nurse to an applicant who has been duly licensed as a practical nurse by
examination under the laws of another state or territory if, in the opinion of
the board, the applicant meets the qualifications required of a practical
nurse in this state. Verification of the applicant's licensure status shall be
required from the original state of licensure.
(3) The board may authorize the educational requirement under
subsection (a)(1) to be waived for an applicant who has attained a passing
score on the national council licensure examination for practical nurses
and provided evidence to the board of such applicant's practical nursing
experience with the military during a period of active service as a member
of the armed forces. To qualify for such a waiver, the applicant must shall
have been a member or is a current member of the army, navy, marine
corps, air force, space force, air or army national guard of any of the
several states and territories, Puerto Rico and the District of Columbia,
coast guard or any branch component of the military reserves of the United
States, and separated from such military period of active service with an
honorable discharge. Current members of the armed forces are presumed
to be serving honorably. If such applicant was separated from such
military period of active service with a general discharge under honorable
conditions and meets the requirements of this paragraph, the board may
authorize the educational requirements under subsection (a)(1) be waived.
(4) Refresher course. Notwithstanding the provisions of subsections
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(a) and (b), an applicant for a license to practice as a licensed practical
nurse who has not been licensed to practice practical nursing for five years
preceding application shall be required to successfully complete a
refresher course as defined by the board.
(5) Renewal license. A licensed practical nurse licensed under this act
shall be eligible for renewal licenses upon compliance with K.S.A. 65-
1117, and amendments thereto.
(6) Licensure examination within 24 months of graduation. (A)
Persons who do not take the licensure examination within 24 months after
graduation shall petition the board for permission prior to taking the
licensure examination. The board may require the applicant to submit and
complete a plan of study prior to taking the licensure examination.
(B) Persons who are unsuccessful in passing the licensure
examination within 24 months after graduation shall petition the board for
permission prior to subsequent attempts. The board may require the
applicant to submit and complete a plan of study prior to taking the
licensure examination a subsequent time. The study plan shall contain
subjects related to deficiencies identified on the failed examination
profiles.
(7) An application for initial licensure or endorsement will be held
awaiting completion of meeting qualifications for a time period specified
in rules and regulations.
(d) Title and abbreviation. Any person who holds a license to practice
as a licensed practical nurse in this state shall have the right to use the title,
"licensed practical nurse," and the abbreviation, "L.P.N." No other person
shall assume the title or use the abbreviation or any other words, letters,
signs or figures to indicate that the person is a licensed practical nurse.
(e) Temporary permit. The board may issue a temporary permit to
practice nursing as a licensed practical nurse for a period not to exceed 120
days. A temporary permit for 120 days may be issued to an applicant for
licensure as a licensed practical nurse who is a graduate of a practical
school of nursing in a foreign country after verification of licensure in that
foreign country and approval of educational credentials.
(f) Exempt license. The board may issue an exempt license to any
licensee as defined in rules and regulations who makes written application
for such license on a form provided by the board, who remits a fee as
established pursuant to K.S.A. 65-1118, and amendments thereto, and who
is not regularly engaged in the practice of practical nursing in Kansas but
volunteers practical nursing service or is a charitable health care provider
as defined by K.S.A. 75-6102, and amendments thereto. Each exempt
licensee shall be subject to all provisions of the nurse practice act, except
as otherwise provided in this subsection (f). Each exempt license may be
renewed biennially subject to the provisions of this section. The holder of
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the exempt license shall not be required to submit evidence of satisfactory
completion of a program of continuing nursing education for renewal. To
convert an exempt license to an active license, the exempt licensee shall
meet all the requirements of subsection (c) or K.S.A. 65-1117, and
amendments thereto. The board shall have authority to write rules and
regulations to carry out the provisions of this section.
Sec. 7. K.S.A. 2023 Supp. 65-6129 is hereby amended to read as
follows: 65-6129. (a) (1) Application for an emergency medical service
provider certificate shall be made to the board. The board shall not grant
an emergency medical service provider certificate unless the applicant
meets the following requirements:
(A) (i) Has successfully completed coursework required by the rules
and regulations adopted by the board;
(ii) has successfully completed coursework in another jurisdiction
that is substantially equivalent to that required by the rules and regulations
adopted by the board; or
(iii) has provided evidence that such applicant holds a current and
active certification with the national registry of emergency medical
technicians, completed emergency medical technician training as a
member of the army, navy, marine corps, air force, space force, air or army
national guard of any of the several states and territories, Puerto Rico and
the District of Columbia, coast guard or any branch component of the
military reserves of the United States that is substantially equivalent to that
required by the rules and regulations adopted by the board, and such
applicant separated from such military period of active service as a
member of the armed forces with an honorable discharge. Applicants
currently performing active service as a member of the armed forces are
presumed to be serving honorably;
(B) (i) has passed the examination required by the rules and
regulations adopted by the board; or
(ii) has passed the certification or licensing examination in another
jurisdiction that has been approved by the board; and
(C) has paid an application fee required by the rules and regulations
adopted by the board.
(2) The board may grant an emergency medical service provider
certificate to any applicant who meets the requirements under subsection
(a)(1)(A)(iii) but was separated from such military period of active service
as a member of the armed forces with a general discharge under honorable
conditions.
(b) (1) The emergency medical services board may require an original
applicant for certification as an emergency medical services provider to be
fingerprinted and submit to a state and national criminal history record
check. The fingerprints shall be used to identify the applicant and to
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determine whether the applicant has a record of criminal history in this
state or another jurisdiction. The emergency medical services board is
authorized to submit the fingerprints to the Kansas bureau of investigation
and the federal bureau of investigation for a state and national criminal
history record check. The emergency medical services board may use the
information obtained from fingerprinting and the applicant's criminal
history for purposes of verifying the identification of the applicant and
making the official determination of the qualifications and fitness of the
applicant to be issued or to maintain a certificate.
(2) Local and state law enforcement officers and agencies shall assist
the emergency medical services board in taking the fingerprints of
applicants for license, registration, permit or certificate. The Kansas
bureau of investigation shall release all records of adult convictions,
nonconvictions or adjudications in this state and any other state or country
to the emergency medical services board.
(3) The emergency medical services board may fix and collect a fee
as may be required by the board in an amount equal to the cost of
fingerprinting and the criminal history record check. The emergency
medical services board shall remit all moneys received from the fees
established by this section 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 emergency medical services criminal
history and fingerprinting fund.
(4) There is hereby created in the state treasury the emergency
medical services criminal history and fingerprinting fund. All moneys
credited to the fund shall be used to pay the Kansas bureau of investigation
for the processing of fingerprints and criminal history record checks for
the emergency medical services board. The fund shall be administered by
the emergency medical services board. All expenditures from the fund
shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the chairperson of the emergency medical services board or the
chairperson's designee.
(c) The board shall not grant an initial advanced emergency medical
technician certificate or paramedic certificate as a result of successful
course completion in the state of Kansas, unless except if the applicant for
such an initial certificate is certified as an emergency medical technician.
(d) An emergency medical service provider certificate shall expire on
the date prescribed by the board. An emergency medical service provider
certificate may be renewed for a period of two years upon payment of a
fee as prescribed by rule and regulation of the board and upon presentation
of satisfactory proof that the emergency medical service provider has
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successfully completed continuing education as prescribed by the board.
(e) All fees received pursuant to the provisions of this section shall be
remitted 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 emergency medical services operating fund established by
K.S.A. 65-6151, and amendments thereto.
(f) If a person who was previously certified as an emergency medical
service provider applies for an emergency medical service provider's
certificate after the certificate's expiration, the board may grant a
certificate without the person completing an initial course of instruction or
passing a certification examination if the person has completed education
requirements and has paid a fee as specified in rules and regulations
adopted by the board.
(g) The board shall adopt, through rules and regulations, a formal list
of graduated sanctions for violations of article 61 of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto, that shall specify the
number and severity of violations for the imposition of each level of
sanction.
Sec. 8. K.S.A. 44-706, 48-3401 and 65-1116 and K.S.A. 2023 Supp.
48-3407, 48-3408, 48-3601 and 65-6129 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
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