Kansas 2023-2024 Regular Session

Kansas Senate Bill SB558 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2024
2	2	SENATE BILL No. 558
3	3	By Committee on Federal and State Affairs
4	4	4-1
5	5	AN ACT concerning health and healthcare; relating to cannabis and
6	6	cannabidiol; creating the Kansas medical cannabis act; providing for
7	7	the licensure and regulation of the cultivation, processing,
8	8	manufacturing, distribution, sale and use of medical cannabis and
9	9	medical cannabis products; imposing a tax on the gross receipts of the
10	10	retail sale thereof; providing for distribution of the tax revenues derived
11	11	therefrom; establishing the medical cannabis registration fund, the
12	12	medical cannabis regulation fund, the medical cannabis revenues fund
13	13	and the medical cannabis refund fund; creating the Kansas cannabidiol
14	14	regulation act; providing for the licensure, testing and regulation of the
15	15	retail sale of cannabidiol products; making exceptions to the crimes of
16	16	unlawful manufacture and possession of controlled substances;
17	17	amending K.S.A. 2-3901, 8-1567, 21-5703, 21-5705, 21-5706, 21-
18	18	5707, 21-5709, 21-5710, 21-6109, 21-6607, 22-3717, 23-3201, 38-
19	19	2269, 44-501, 44-706, 44-1009, 44-1015, 79-5201 and 79-5210 and
20	20	K.S.A. 2023 Supp. 65-1120 and 65-28b08 and repealing the existing
21	21	sections.
22	22	Be it enacted by the Legislature of the State of Kansas:
23	23	New Section 1. (a) Sections 1 through 45, and amendments thereto,
24	24	shall be known as the Kansas medical cannabis act.
25	25	(b) The legislature hereby declares that the Kansas medical cannabis
26	26	act is enacted pursuant to the police power of the state to protect the health
27	27	of its citizens, which power is reserved to the state of Kansas and its
28	28	people under the 10
29	29	th
30	30	amendment to the constitution of the United States.
31	31	New Sec. 2. As used in the Kansas medical cannabis act:
32	32	(a) "Advertising" means the act of providing consideration for the
33	33	publication, dissemination, solicitation or circulation of visual, oral or
34	34	written communication to directly or indirectly induce any person to
35	35	patronize a particular licensed medical cannabis facility or purchase a
36	36	particular type of medical cannabis or medical cannabis product.
37	37	"Advertising" includes marketing, but does not include the packaging and
38	38	labeling of any medical cannabis or medical cannabis product.
39	39	(b) "Board of healing arts" means the state board of healing arts.
40	40	(c) "Cannabinoid" means any of the chemical compounds that are
41	41	active principles of cannabis.
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78	78	(d) (1) "Cannabis" means all parts of all varieties of the plant
79	79	Cannabis sativa whether growing or not, including, but not limited to, the
80	80	seeds thereof, the resin extracted from any part of the plant and every
81	81	compound, manufacture, salt, derivative, mixture or preparation of the
82	82	plant, its seeds or resin.
83	83	(2) "Cannabis" does not include:
84	84	(A) The mature stalks of the plant, fiber produced from the stalks, oil
85	85	or cake made from the seeds of the plant, any other compound,
86	86	manufacture, salt, derivative, mixture or preparation of the mature stalks,
87	87	except the resin extracted therefrom, fiber, oil or cake or the sterilized seed
88	88	of the plant that is incapable of germination;
89	89	(B) any substance listed in schedules II through V of the uniform
90	90	controlled substances act;
91	91	(C) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-
92	92	2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
93	93	(D) industrial hemp, as defined in K.S.A. 2-3901, and amendments
94	94	thereto, when cultivated, produced, possessed or used for activities
95	95	authorized by the commercial industrial hemp act.
96	96	(e) "Caregiver" means an individual who holds a caregiver
97	97	identification card issued pursuant to section 9, and amendments thereto.
98	98	(f) "Cultivate" means the same as defined in K.S.A. 65-4101, and
99	99	amendments thereto.
100	100	(g) "Cultivator" means a person licensed pursuant to section 17, and
101	101	amendments thereto, to cultivate, prepare and package medical cannabis
102	102	and to sell medical cannabis to patients, caregivers, processors and
103	103	retailers.
104	104	(h) "Department" means the department of health and environment.
105	105	(i) "Disposal facility" means a premises licensed pursuant to section
106	106	17, and amendments thereto, where medical cannabis waste is disposed of
107	107	by one or more processes that render such waste unusable and
108	108	unrecognizable through destruction or recycling.
109	109	(j) "Director" means the director of the division of alcoholic beverage
110	110	control.
111	111	(k) "Educational research facility" means a premises licensed
112	112	pursuant to section 18, and amendments thereto, where training and
113	113	education involving the cultivation, growing, harvesting, curing,
114	114	preparing, packaging or testing of medical cannabis and the production,
115	115	manufacture, extraction, processing, packaging or creation of medical
116	116	cannabis products is provided to individuals.
117	117	(l) "Laboratory" means a person licensed pursuant to section 17, and
118	118	amendments thereto, to conduct quality control testing on medical
119	119	cannabis and medical cannabis products.
120	120	(m) "Licensee" means any person holding a license issued pursuant to
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164	164	section 17, and amendments thereto, to operate as a cultivator, processor,
165	165	laboratory or retailer.
166	166	(n) "Licensed premises" means the premises specified in an
167	167	application for a cultivator, processor, laboratory or retailer license that is
168	168	owned or leased by the person holding such license.
169	169	(o) (1) "Major life activity" includes, but is not limited to, caring for
170	170	oneself, performing manual tasks, seeing, hearing, eating, sleeping,
171	171	walking, standing, lifting, bending, speaking, breathing, learning, reading,
172	172	concentrating, thinking, communicating and working.
173	173	(2) "Major life activity" also includes the operation of a major bodily
174	174	function, including but not limited to, functions of the immune system,
175	175	normal cell growth, digestive, bowel, bladder, neurological, brain,
176	176	respiratory, circulatory, endocrine and reproductive functions.
177	177	(p) "Manufacture" means the production, propagation, compounding
178	178	or processing of a medical cannabis product, excluding cannabis plants,
179	179	either directly or indirectly, by extraction from substances of natural or
180	180	synthetic origin, by means of chemical synthesis or by a combination of
181	181	extraction and chemical synthesis.
182	182	(q) "Medical cannabis" means cannabis that is cultivated, processed,
183	183	manufactured, tested, sold, possessed or used for a medical purposes.
184	184	(r) "Medical cannabis concentrate" means a medical cannabis
185	185	concentrate produced by extracting cannabinoids and other plant
186	186	compounds from cannabis through the use of heat, cold or pressure.
187	187	(s) (1) "Medical cannabis product" means a product that contains
188	188	cannabinoids that have been extracted from plant material or the resin of a
189	189	plant and is intended for administration to a patient, including, but is not
190	190	limited to: Suppositories; oils; tinctures; plant material; ingestibles; topical
191	191	forms; gels; creams; vapors; patches; liquids and any form administered by
192	192	an atomizer or nebulizer.
193	193	(2) "Medical cannabis product" does not include any form or method
194	194	of using medical cannabis that is considered attractive to children.
195	195	(t) "Medical cannabis waste" means any of the following:
196	196	(1) Medical cannabis, medical cannabis concentrate or medical
197	197	cannabis products that are:
198	198	(A) Unused, surplus, returned or expired;
199	199	(B) determined to have failed laboratory testing standards and cannot
200	200	be remediated or decontaminated; or
201	201	(C) part of the inventory of a licensee or educational research facility
202	202	and:
203	203	(i) Such licensee or facility has permanently closed;
204	204	(ii) such inventory was not acquired as authorized by the Kansas
205	205	medical cannabis act; or
206	206	(iii) such inventory cannot be lawfully transferred or sold to another
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250	250	licensee or educational research facility; or
251	251	(2) the debris of the plant Cannabis sativa, including any dead plants
252	252	or parts of the plant that are not used by a licensee, except "medical
253	253	cannabis waste" does not include the seeds, roots, stems, stalks or fan
254	254	leaves of such plants.
255	255	(u) "Medical provider" means a physician or physician assistant, as
256	256	such terms are defined in K.S.A. 65-28a02, and amendments thereto, or an
257	257	advanced practice registered nurse, as defined in K.S.A. 65-1113, and
258	258	amendments thereto.
259	259	(v) "Patient" means an individual who has been issued a valid
260	260	identification card pursuant to section 9, and amendments thereto.
261	261	(w) "Person" means an individual, partnership, limited partnership,
262	262	limited liability partnership, limited liability company, trust, estate,
263	263	association, corporation, cooperative or any other legal or commercial
264	264	organization.
265	265	(x) "Processor" means a person licensed pursuant to section 17, and
266	266	amendments thereto, to produce, manufacture, package or create medical
267	267	cannabis concentrate or medical cannabis products.
268	268	(y) "Qualifying medical condition" means a temporary disability or
269	269	illness due to injury or surgery or a permanent disability or illness that
270	270	includes:
271	271	(1) Alzheimers;
272	272	(2) amyotrophic lateral sclerosis;
273	273	(3) cancer;
274	274	(4) dementia;
275	275	(5) inflammatory bowel conditions and diseases;
276	276	(6) epilepsy or other seizure disorders;
277	277	(7) multiple sclerosis;
278	278	(8) Parkinsons disease;
279	279	(9) post-traumatic stress disorder;
280	280	(10) sickle cell anemia;
281	281	(11) spinal cord disease or injury; or
282	282	(12) severe or intractable pain that:
283	283	(A) Substantially limits the ability of the individual to conduct one or
284	284	more major life activities; or
285	285	(B) if not alleviated, may cause serious harm to the individual's safety
286	286	or physical or mental health.
287	287	(z) "Retailer" means a person licensed pursuant to section 17, and
288	288	amendments thereto, to sell medical cannabis and medical cannabis
289	289	products to patients and caregivers.
290	290	(aa) "Secretary" means the secretary of the department of health and
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336	336	transport, deliver, furnish or otherwise possess any form of cannabis,
337	337	except as specifically provided in the medical cannabis regulation act, the
338	338	Kansas cannabidiol regulation act, section 46 et seq., and amendments
339	339	thereto, or the commercial industrial hemp act, K.S.A. 2-3901 et seq., and
340	340	amendments thereto.
341	341	(b) Nothing in the Kansas medical cannabis act shall be construed to:
342	342	(1) Require a physician to recommend that a patient use medical
343	343	cannabis to treat a qualifying medical condition;
344	344	(2) permit the use, possession or administration of medical cannabis
345	345	other than as authorized by this act;
346	346	(3) permit the use, possession or administration of medical cannabis
347	347	on federal land located in this state;
348	348	(4) permit the use or administration of medical cannabis on any
349	349	property owned, operated or leased by any state agency or political
350	350	subdivision thereof or any city, county or other municipality;
351	351	(5) require any public place to accommodate a patient's use of
352	352	medical cannabis;
353	353	(6) prohibit any public place from accommodating a patient's use of
354	354	medical cannabis; or
355	355	(7) restrict research related to cannabis conducted at a postsecondary
356	356	educational institution, academic medical center or private research and
357	357	development organization as part of a research protocol approved by an
358	358	institutional review board or equivalent entity.
359	359	New Sec. 4. (a) The secretary shall administer the provisions of this
360	360	act and provide for the registration of patients and caregivers, including
361	361	the issuance of identification cards to such patients and caregivers in
362	362	accordance with the provisions of this act.
363	363	(b) The board of healing arts shall administer the provisions of this
364	364	act regarding the certification of physicians and physician assistants
365	365	authorizing such physicians and physician assistants to recommend
366	366	medical cannabis as a treatment for patients.
367	367	(c) The board of nursing shall administer the provisions of this act
368	368	regarding the certification of advance practice registered nurses
369	369	authorizing such advance practice registered nurses to recommend medical
370	370	cannabis as a treatment for patients.
371	371	(d) The director shall administer the provisions of this act and provide
372	372	for the licensure of cultivators, laboratories, processors, retailers, disposal
373	373	facilities and educational research facilities.
374	374	New Sec. 5. (a) Except as permitted under subsection (c), the
375	375	following individuals shall not solicit or accept, directly or indirectly, any
376	376	gift, gratuity, emolument or employment from any person who is an
377	377	applicant for any license or is a licensee under the provisions of this act or
378	378	any officer, agent or employee thereof, or solicit requests from or
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422	422	recommend, directly or indirectly, to any such person, the appointment of
423	423	any individual to any place or position:
424	424	(1) The secretary or any officer, employee or agent of the department
425	425	of health and environment;
426	426	(2) the secretary of revenue, the director or any officer, employee or
427	427	agent of the division of alcoholic beverage control;
428	428	(3) any member of the state board of healing arts; or
429	429	(4) any member of the board of nursing.
430	430	(b) Except as permitted under subsection (c), an applicant for a
431	431	license or a licensee under the provisions of this act shall not offer any gift,
432	432	gratuity, emolument or employment to any of the following:
433	433	(1) The secretary or any officer, employee or agent of the department;
434	434	(2) the secretary of revenue, the director or any officer, employee or
435	435	agent of the division of alcoholic beverage control;
436	436	(3) any member of the state board of healing arts; or
437	437	(4) any member of the board of nursing.
438	438	(c) The secretary, the secretary of revenue, the state board of healing
439	439	arts and the board of nursing may adopt rules and regulations for their
440	440	respective agencies allowing the acceptance of official hospitality by the
441	441	respective secretary, members of the state board of healing arts, the board
442	442	of nursing and employees of each such respective agency, subject to any
443	443	limits as prescribed by such rules and regulations.
444	444	(d) If the secretary, the secretary of revenue, any member of the state
445	445	board of healing arts, the board of nursing or any employee of each such
446	446	respective agency violates any provision of this section, such person shall
447	447	be removed from such person's office or employment.
448	448	(e) Violation of any provision of this section is a severity level 7,
449	449	nonperson felony.
450	450	(f) Nothing in this section shall be construed to prohibit the
451	451	prosecution and punishment of any person for any other crime in the
452	452	Kansas criminal code.
453	453	New Sec. 6. All actions taken by the secretary, the director, the state
454	454	board of healing arts or the board of nursing under the Kansas medical
455	455	cannabis act shall be in accordance with the Kansas administrative
456	456	procedure act and reviewable in accordance with the Kansas judicial
457	457	review act.
458	458	New Sec. 7. (a) There is hereby established within the department the
459	459	Kansas medical cannabis advisory board. The Kansas medical cannabis
460	460	advisory board shall consist of 24 members as follows:
461	461	(1) The secretary, or the secretary's designee;
462	462	(2) the secretary of agriculture, or the secretary's designee;
463	463	(3) the secretary for aging and disability services, or the secretary's
464	464	designee;
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508	508	(4) four members each appointed respectively by the speaker of the
509	509	house of representatives, the president of the senate, the majority leader of
510	510	the house of representatives and the minority leader of the senate;
511	511	(5) one member appointed by the silver haired legislature;
512	512	(6) the director, or the director's designee;
513	513	(7) the director of the Kansas bureau of investigation, or the director's
514	514	designee;
515	515	(8) the executive director of the league of Kansas municipalities, or
516	516	the executive director's designee;
517	517	(9) 13 members appointed by the governor as follows:
518	518	(A) Two members who support the use of cannabis for medical
519	519	purposes and who are or were patients who found relief from the use of
520	520	medical cannabis;
521	521	(B) one member designated by the Kansas association of addiction
522	522	professionals;
523	523	(C) two licensed physicians who have completed cannabis-specific
524	524	continuing medical education training;
525	525	(D) two licensed registered nurses who have completed medical
526	526	cannabis training;
527	527	(E) one licensed pharmacist;
528	528	(F) one member who has experience in the science of cannabis;
529	529	(G) one member who is an attorney knowledgeable about medical
530	530	cannabis laws in the United States;
531	531	(H) one member recommended by the secretary of agriculture who
532	532	has experience in horticulture; and
533	533	(I) two members who have experience in the medical cannabis
534	534	industry.
535	535	(b) Members of the Kansas medical cannabis advisory board shall
536	536	serve for a term of two years. Any vacancy in a position on the board shall
537	537	be filled in the same manner as the original appointment.
538	538	(c) On or before September 1, 2024, and each year thereafter, the
539	539	board shall meet to elect a chairperson and vice chairperson from the
540	540	members appointed pursuant to subsection (a)(9).
541	541	(d) The Kansas medical cannabis advisory board shall advise the
542	542	secretary, the board of healing arts and the board of nursing on the
543	543	adoption of rules and regulations pertaining to the following:
544	544	(1) Registration of patients and caregivers;
545	545	(2) issuance and renewal of identification cards and the fees therefor;
546	546	(3) certification of physicians, physician assistants and advance
547	547	practice registered nurses, including any continuing education
548	548	requirements;
549	549	(4) purchasing and transportation of medical cannabis by patients and
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594	594	of medical cannabis or medical cannabis products that can be purchased or
595	595	possessed; and
596	596	(5) education, research and treatment with medical cannabis.
597	597	(e) The Kansas medical cannabis advisory board shall advise the
598	598	secretary of revenue and the director on the adoption of rules and
599	599	regulations pertaining to the following:
600	600	(1) Applications for licensure;
601	601	(2) issuance and renewal of licenses, including the fees therefor;
602	602	(3) security of licensed premises;
603	603	(4) testing of medical cannabis, medical cannabis concentrate and
604	604	medical cannabis products;
605	605	(5) transportation of medical cannabis, medical cannabis concentrate
606	606	and medical cannabis products;
607	607	(6) education, research and advertising of medical cannabis;
608	608	(7) electronic monitoring of medical cannabis from seed source to
609	609	retail sale to a patient or caregiver as required under section 31, and
610	610	amendments thereto;
611	611	(8) policies and procedures related to the receipt, storage, packaging,
612	612	labeling, handling, manufacturing, tracking and retail sale of medical
613	613	cannabis, medical cannabis concentrate and medical cannabis products;
614	614	(9) a request for proposal process to identify a laboratory that has
615	615	operated within the legal cannabis sector for at least two years for assisting
616	616	in duties including, but not limited to, validation of test results and
617	617	calibration of equipment pursuant to section 27, and amendments thereto;
618	618	(10) purchasing and financial transactions pertaining to ordering
619	619	medical cannabis through the internet and delivery protocols;
620	620	(11) procedures for a social equity lottery and a general lottery for the
621	621	issuance of licenses as required under section 22, and amendments thereto;
622	622	and
623	623	(12) medical cannabis waste management.
624	624	(f) On or before January 15, 2025, and each January 15 thereafter, the
625	625	Kansas medical cannabis advisory board shall prepare and submit a report
626	626	to the legislature on the implementation of the Kansas medical cannabis
627	627	act during the previous calendar year and recommendations for statutory
628	628	changes to such act.
629	629	New Sec. 8. (a) The secretary shall begin accepting applications for
630	630	identification cards on or before January 1, 2025.
631	631	(b) The secretary shall develop and publish a website to provide
632	632	information about the Kansas medical cannabis act. A link to the website
633	633	shall be located in a prominent location on the primary website for the
634	634	Kansas medical cannabis advisory board. The department website may
635	635	include, but shall not be limited to, the following:
636	636	(1) The ability to search for any of the following:
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680	680	(A) Certified medical providers;
681	681	(B) licensed cultivators and processors or manufacturers; and
682	682	(C) licensed retailers;
683	683	(2) contact information for applying for an identification card,
684	684	including the phone number and email;
685	685	(3) information regarding the process for appealing a decision of the
686	686	secretary;
687	687	(4) application forms for identification cards; and
688	688	(5) crop damage report forms, including a portal to upload documents
689	689	and pictures.
690	690	New Sec. 9. (a) A patient seeking to use medical cannabis or a
691	691	caregiver seeking to assist a patient in the use or administration of medical
692	692	cannabis shall apply to the secretary for an identification card authorizing
693	693	the possession and use of medical cannabis and medical cannabis products
694	694	as authorized by this act. The application for an identification card shall be
695	695	submitted in such form and manner as prescribed by the secretary and
696	696	include the required fee and the written recommendation from the patient's
697	697	medical provider to treat such patient with medical cannabis because such
698	698	patient has a qualifying medical condition.
699	699	(b) (1) The fee for a patient identification card or the renewal thereof
700	700	shall be established by rules and regulations adopted by the secretary,
701	701	except that such fee shall be waived for any applicant that submits proof
702	702	that the applicant:
703	703	(A) Qualifies for services under the Kansas medical assistance
704	704	program; or
705	705	(B) is certified by the Kansas department for aging and disability
706	706	services or by the Kansas department for children and families as having a
707	707	physical or mental impairment that constitutes a substantial barrier to
708	708	employment.
709	709	(2) The fee for a caregiver identification card or the renewal thereof
710	710	shall be established by rules and regulations adopted by secretary.
711	711	(c) The secretary shall not issue an identification card to an applicant
712	712	who is under 18 years of age unless the applicant submits written
713	713	recommendations from two medical providers that such applicant has a
714	714	qualifying medical condition, and such applicant's custodial parent or legal
715	715	guardian with responsibility for healthcare decisions for such applicant
716	716	obtains a caregiver identification card and is designated as such applicant's
717	717	caregiver.
718	718	(d) (1) A patient may designate any individual who is 18 years of age
719	719	or older as such patient's caregiver, including the owner, operator or any
720	720	trained staff of a licensed clinic, healthcare facility, hospice or home health
721	721	agency, group home or halfway house, and any individual who has been
722	722	designated as a caregiver by another patient.
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766	766	(2) A caregiver may be less than 18 years of age if:
767	767	(A) The caregiver is the parent of the patient, and the patient is under
768	768	18 years of age;
769	769	(B) the caregiver is otherwise authorized by law to make healthcare
770	770	decisions for the patient; or
771	771	(C) it is demonstrated to the satisfaction of the director that the
772	772	patient needs a caregiver and there is no individual 18 years of age or older
773	773	who can adequately perform the duties of a caregiver for such patient.
774	774	(e) A patient or caregiver identification card shall be valid for the
775	775	period of time stated on such card and may be renewed by submitting a
776	776	renewal application in such form and manner as prescribed by the
777	777	secretary and paying the required fee.
778	778	(f) (1) Any information collected by the director pursuant to this
779	779	section is confidential and not a public record. The secretary may share
780	780	information identifying a specific patient or caregiver with a licensed
781	781	retailer for the purpose of confirming that such patient or caregiver has a
782	782	valid identification card. The provisions of this subsection shall expire on
783	783	July 1, 2029, unless the legislature reviews and reenacts such provisions in
784	784	accordance with K.S.A. 45-229, and amendments thereto, prior to July 1,
785	785	2029.
786	786	(2) It shall be a class B nonperson misdemeanor for any person to
787	787	release any confidential information collected by the secretary except as
788	788	authorized under this act.
789	789	New Sec. 10. (a) A written recommendation from a medical provider
790	790	shall include a statement that such medical provider has taken
791	791	responsibility for an aspect of the medical care, treatment, diagnosis,
792	792	counseling or referral of a patient, has conducted a medical examination of
793	793	such patient and has determined such patient suffers from a qualifying
794	794	medical condition.
795	795	(b) In the case of a patient who is under 18 years of age, the medical
796	796	provider may recommend treatment with medical cannabis only after
797	797	obtaining the consent of the patient's parent or legal guardian responsible
798	798	for making healthcare decisions for the patient.
799	799	(c) A medical provider who holds a certificate to recommend
800	800	treatment with medical cannabis shall be immune from civil liability, shall
801	801	not be subject to professional disciplinary action by the state board of
802	802	healing arts or the board of nursing and is immune from criminal
803	803	prosecution for any of the following actions:
804	804	(1) Advising a patient, patient representative or caregiver about the
805	805	benefits and risks of medical cannabis to treat a qualifying medical
806	806	condition;
807	807	(2) recommending that a patient use medical cannabis to treat or
808	808	alleviate a qualifying medical condition; and
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852	852	(3) monitoring a patient's treatment with medical cannabis.
853	853	New Sec. 11. (a) There is hereby established the medical cannabis
854	854	registration fund in the state treasury. The secretary shall administer the
855	855	medical cannabis registration fund and shall remit all moneys collected
856	856	from the payment of all fees and fines imposed by the secretary pursuant
857	857	to the Kansas medical cannabis act and any other moneys received by or
858	858	on behalf of the secretary pursuant to such act to the state treasurer in
859	859	accordance with the provisions of K.S.A. 75-4215, and amendments
860	860	thereto. Upon receipt of each such remittance, the state treasurer shall
861	861	deposit the entire amount in the state treasury to the credit of the medical
862	862	cannabis registration fund. Moneys credited to the medical cannabis
863	863	registration fund shall only be expended or transferred as provided in this
864	864	section. Expenditures from such fund shall be made in accordance with
865	865	appropriation acts upon warrants of the director of accounts and reports
866	866	issued pursuant to vouchers approved by the secretary or the secretary's
867	867	designee.
868	868	(b) Moneys in the medical cannabis registration fund shall be used for
869	869	the payment or reimbursement of costs related to the regulation and
870	870	enforcement of the possession and use of medical cannabis by the
871	871	secretary.
872	872	New Sec. 12. (a) In addition to or in lieu of any other civil or criminal
873	873	penalty as provided by law, the secretary may impose a civil penalty or
874	874	suspend or revoke a patient or caregiver identification card upon a finding
875	875	that the patient or caregiver committed a violation as provided in this
876	876	section.
877	877	(b) Nothing in this act shall be construed to require the secretary to
878	878	enforce minor violations if the secretary determines that the public interest
879	879	is adequately served by a notice or warning to the alleged offender.
880	880	(c) Upon a finding that a patient or caregiver has submitted fraudulent
881	881	information or otherwise falsified or misrepresented information required
882	882	to be submitted by such patient or caregiver, the secretary may impose a
883	883	civil fine in an amount not to exceed $500 for a first offense and may
884	884	suspend or revoke the individual's identification card for a second or
885	885	subsequent offense.
886	886	(d) If the secretary suspends, revokes or refuses to renew any
887	887	identification card issued pursuant to this act and determines that there is
888	888	clear and convincing evidence of a danger of immediate and serious harm
889	889	to any person, the secretary may place under seal all medical cannabis
890	890	owned by or in the possession, custody or control of the affected patient or
891	891	caregiver. Except as provided in this section, the secretary shall not
892	892	dispose of the sealed medical cannabis until a final order is issued
893	893	authorizing such disposition. During the pendency of an appeal from any
894	894	order issued by the secretary, a court may order the secretary to sell
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938	938	medical cannabis that is perishable, and the proceeds of any such sale shall
939	939	be deposited with the court.
940	940	New Sec. 13. A medical cannabis identification card, or its
941	941	equivalent, that is issued under the laws of another state, district, territory,
942	942	commonwealth or insular possession of the United States that is verifiable
943	943	by the jurisdiction of issuance and allows a nonresident patient to possess
944	944	medical cannabis for medical purposes shall have the same force and
945	945	effect as an identification card issued by the director pursuant to section 9,
946	946	and amendments thereto.
947	947	New Sec. 14. On or before January 1, 2025, and after consultation
948	948	with the Kansas medical cannabis advisory board, the secretary shall adopt
949	949	rules and regulations to implement the provisions of this act, including, but
950	950	not limited to:
951	951	(a) Applications for a patient or caregiver identification card;
952	952	(b) issuance and renewal of such identification cards and the fees
953	953	therefor;
954	954	(c) the period of time for which such cards are valid;
955	955	(d) purchasing and transportation of medical cannabis by patients and
956	956	caregivers, including, but not limited to, any limits on the form or amount
957	957	of medical cannabis or medical cannabis products that can be purchased or
958	958	possessed; and
959	959	(e) education, research and treatment with medical cannabis.
960	960	New Sec. 15. (a) Except as provided in subsection (c), a physician or
961	961	physician assistant who is seeking to recommend treatment with medical
962	962	cannabis shall apply to the board of healing arts for a certificate
963	963	authorizing such physician or physician assistant to recommend treatment
964	964	with medical cannabis. The application shall be submitted in such form
965	965	and manner as prescribed by the board and by paying the required fee. The
966	966	board of healing arts shall grant a certificate to recommend treatment with
967	967	medical cannabis if the following conditions are satisfied:
968	968	(1) The application is complete and meets the requirements
969	969	established in rules and regulations adopted by the board; and
970	970	(2) the applicant demonstrates that the applicant does not have an
971	971	ownership or investment interest in or compensation arrangement with an
972	972	entity licensed under section 17, and amendments thereto, or an applicant
973	973	for such licensure.
974	974	(b) A certificate to recommend treatment with medical cannabis may
975	975	be renewed by submitting a renewal application in such form and manner
976	976	as prescribed by the state board and paying the required fee.
977	977	(c) This section shall not apply to a physician who recommends
978	978	treatment with cannabis or a cannabis-derived drug under any of the
979	979	following that is approved by an institutional review board or equivalent
980	980	entity, the United States food and drug administration or the national
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1024	1024	institutes of health or one of its cooperative groups or centers under the
1025	1025	United States department of health and human services:
1026	1026	(1) A research protocol;
1027	1027	(2) a clinical trial;
1028	1028	(3) an investigational new drug application; or
1029	1029	(4) an expanded access submission.
1030	1030	(d) On or before January 1, 2025, and after consultation with the
1031	1031	Kansas medical cannabis advisory board, the board of healing arts shall
1032	1032	adopt rules and regulations to implement the provisions of this section,
1033	1033	including, but not limited to:
1034	1034	(1) Applications for a certificate to treat with medical cannabis;
1035	1035	(2) issuance and renewal of certificates including the fees therefor;
1036	1036	(3) the period of time for which such certificates are valid; and
1037	1037	(4) suspension or revocation of a certificate for violations of this act.
1038	1038	New Sec. 16. (a) An advance practice registered nurse who is seeking
1039	1039	to recommend treatment with medical cannabis shall apply to the board of
1040	1040	nursing for a certificate authorizing such advance practice registered nurse
1041	1041	to recommend treatment with medical cannabis. The application shall be
1042	1042	submitted in such form and manner as prescribed by the board and by
1043	1043	paying the required fee. The board shall grant a certificate to recommend
1044	1044	treatment with medical cannabis if the following conditions are satisfied:
1045	1045	(1) The application is complete and meets the requirements
1046	1046	established in rules and regulations adopted by the board; and
1047	1047	(2) the applicant demonstrates that the applicant does not have an
1048	1048	ownership or investment interest in or compensation arrangement with an
1049	1049	entity licensed under section 17, and amendments thereto, or an applicant
1050	1050	for such licensure.
1051	1051	(b) A certificate to recommend treatment with medical cannabis may
1052	1052	be renewed by submitting a renewal application in such form and manner
1053	1053	as prescribed by the board and paying the required fee.
1054	1054	(c) On or before January 1, 2025, and after consultation with the
1055	1055	Kansas medical cannabis advisory board, the board of nursing shall adopt
1056	1056	rules and regulations to implement the provisions of this section,
1057	1057	including, but not limited to:
1058	1058	(1) Applications for a certificate to treat with medical cannabis;
1059	1059	(2) issuance and renewal of certificates including the fees therefor;
1060	1060	(3) the period of time for which such certificates are valid; and
1061	1061	(4) suspension or revocation of a certificate for violations of this act.
1062	1062	New Sec. 17. (a) A person seeking to operate as a cultivator,
1063	1063	processor, laboratory or retailer or to operate a disposal facility shall apply
1064	1064	to the director for a license by submitting an application for such license in
1065	1065	such form and manner as prescribed by the director and paying the
1066	1066	required fee.
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1110	1110	(b) Except as otherwise provided, the director shall issue such license
1111	1111	if:
1112	1112	(1) The application is complete and meets the requirements
1113	1113	established in rules and regulations adopted by the secretary of revenue;
1114	1114	and
1115	1115	(2) the applicant is an individual and:
1116	1116	(A) Is not less than 21 years of age;
1117	1117	(B) (i) is a resident of this state; or
1118	1118	(ii) has been a resident of this state for two consecutive years prior to
1119	1119	the date the application is submitted and has not fewer than two years of
1120	1120	experience in the cannabis industry;
1121	1121	(C) has not previously held a license issued pursuant to this section
1122	1122	that has been revoked;
1123	1123	(D) is in good standing with any other licensing or regulatory body of
1124	1124	this state that has issued a license to such applicant; and
1125	1125	(E) has submitted a tax clearance certificate issued by the department
1126	1126	of revenue; or
1127	1127	(3) the applicant is a business entity and:
1128	1128	(A) The individual submitting the application on behalf of such
1129	1129	business entity would be qualified to hold a license as an individual;
1130	1130	(B) such individual is legally authorized to submit the application on
1131	1131	behalf of such business entity; and
1132	1132	(C) at least
1133	1133	2
1134	1134	/3 of the individuals who have an ownership interest in
1135	1135	such business entity are residents of this state.
1136	1136	(c) No cultivator license shall be issued to an applicant that:
1137	1137	(1) Has an ownership interest in another licensed cultivator; or
1138	1138	(2) has fewer than two years of experience in the cannabis industry.
1139	1139	(d) No laboratory license shall be issued to an applicant that has an
1140	1140	ownership interest in a licensed cultivator, processor, retailer or disposal
1141	1141	facility.
1142	1142	(e) (1) No license shall be issued pursuant to subsection (b) to an
1143	1143	applicant if any individual with an ownership interest in such applicant or
1144	1144	any officer, director, manager or employee of such applicant has been
1145	1145	convicted of a disqualifying felony offense.
1146	1146	(2) For purposes of this subsection, "disqualifying felony offense"
1147	1147	means any felony offense under the laws of this state, any other state or the
1148	1148	United States, except:
1149	1149	(A) Any offense where the unlawful conduct was the medical use of
1150	1150	cannabis or assisting in the medical use of cannabis by another;
1151	1151	(B) any offense that is not a person felony, for which the defendant
1152	1152	was not incarcerated and for which the conviction occurred at least five
1153	1153	years prior to the date the application for a license is submitted; or
1154	1154	(C) any offense for which the defendant was released from parole,
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1198	1198	postrelease supervision or probation at least five years prior to the date the
1199	1199	application for a license is submitted and such defendant has not been
1200	1200	convicted of any offense since such release.
1201	1201	(3) The director may consult with the attorney general, the secretary
1202	1202	of the department of corrections or any district or county attorney as
1203	1203	necessary to determine the application of this subsection.
1204	1204	(f) A license issued pursuant to this section shall be valid for two
1205	1205	years from the date specified on such license. Such license may be
1206	1206	renewed by submitting a renewal application in such form and manner as
1207	1207	prescribed by the director and paying the required fee.
1208	1208	New Sec. 18. (a) A person seeking to operate an educational research
1209	1209	facility shall apply to the director for a license for such facility by
1210	1210	submitting an application for such license in such form and manner as
1211	1211	prescribed by the director and paying the required fee.
1212	1212	(b) The director shall issue a license for such facility if:
1213	1213	(1) The application is complete and meets the requirements
1214	1214	established in rules and regulations adopted by the secretary; and
1215	1215	(2) the applicant submits proof that such applicant has or will have an
1216	1216	employment policy that will not prohibit the employment of individuals
1217	1217	who have been convicted or pleaded guilty to any offense under article 36a
1218	1218	of chapter 21 of the Kansas Statutes Annotated, prior to its transfer, article
1219	1219	57 of chapter 21 of the Kansas Statutes Annotated, and amendments
1220	1220	thereto, or K.S.A. 65-4160 or 65-4162, prior to their repeal, but whose
1221	1221	conduct that resulted in such offense would have been lawful if such
1222	1222	individual had possessed a valid patient or caregiver identification card at
1223	1223	the time of such offense.
1224	1224	(c) A license issued pursuant to this section shall be valid for two
1225	1225	years from the date specified on such license. Such license may be
1226	1226	renewed by submitting a renewal application in such form and manner as
1227	1227	prescribed by the director and paying the required fee.
1228	1228	New Sec. 19. All applicants for a license to be issued pursuant to
1229	1229	section 17, and amendments thereto, shall require any owner, director,
1230	1230	officer or agent of such applicant to be fingerprinted and to submit to a
1231	1231	state and national criminal history record check. The director is authorized
1232	1232	to submit the fingerprints to the Kansas bureau of investigation and the
1233	1233	federal bureau of investigation for a state and national criminal history
1234	1234	record check. The director shall use the information obtained from
1235	1235	fingerprinting and the state and national criminal history record check for
1236	1236	purposes of verifying the identification of the applicant and for making a
1237	1237	determination of the qualifications of the applicant for licensure. The
1238	1238	Kansas bureau of investigation may charge a reasonable fee to the
1239	1239	applicant for fingerprinting and conducting a criminal history record
1240	1240	check, except such fee shall not exceed the actual cost incurred for such
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1284	1284	criminal history record check.
1285	1285	New Sec. 20. (a) The director may refuse to issue or renew a license
1286	1286	pursuant to section 17, and amendments thereto, or may revoke or suspend
1287	1287	such license for any of the following reasons:
1288	1288	(1) The licensee has failed to comply with any provision of the
1289	1289	Kansas medical cannabis act or any rules and regulations adopted by the
1290	1290	secretary;
1291	1291	(2) the applicant or licensee has falsified or misrepresented any
1292	1292	information submitted to the director in order to obtain a license;
1293	1293	(3) the applicant or licensee has failed to adhere to any
1294	1294	acknowledgment, verification or other representation made to the director
1295	1295	when applying for a license; or
1296	1296	(4) the applicant or licensee has failed to submit or disclose
1297	1297	information requested by the director.
1298	1298	(b) (1) Except as provided in paragraph (2), the director shall inspect
1299	1299	the licensed premises of a licensee not more than twice each calendar year
1300	1300	and provide notice of such inspection to the licensee at least 24 hours prior
1301	1301	to the inspection.
1302	1302	(2) The director may conduct additional inspections of a licensed
1303	1303	premises when necessary due to a prior violation of this act. Such
1304	1304	inspection may be conducted without prior notice to the licensee if the
1305	1305	director reasonably believes that such notice will result in the destruction
1306	1306	of evidence in further violation of this act.
1307	1307	(c) During any investigation by the director, the director may require
1308	1308	and conduct interviews with the licensee under investigation and any
1309	1309	owners, officers, employees and agents thereof. Prior to conducting any
1310	1310	such interviews upon the request of the licensee, the director shall provide
1311	1311	the licensee and any other individuals being interviewed sufficient time to
1312	1312	secure legal representation during such interviews.
1313	1313	New Sec. 21. (a) The director shall issue:
1314	1314	(1) Not fewer than two cultivator licenses for each congressional
1315	1315	district and not more than a total of 10 such licenses;
1316	1316	(2) not fewer than one processor license for each congressional
1317	1317	district and not more than a total of four such licenses; and
1318	1318	(3) not fewer than two retailer licenses for each congressional district
1319	1319	and not more than a total of 16 such licenses.
1320	1320	(b) There shall be no limit on the number of educational research
1321	1321	facility licenses or disposal facility licenses.
1322	1322	(c) A cultivator, processor or retailer may also be issued a disposal
1323	1323	facility license.
1324	1324	(d) The fee for any license issued pursuant to section 17, and
1325	1325	amendments thereto, shall not be less than $2,500 nor more than $15,000.
1326	1326	The secretary of revenue may adopt rules and regulations that fix different
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1370	1370	fee amounts for different types of licenses.
1371	1371	New Sec. 22. (a) The director shall establish a general lottery system
1372	1372	for the issuance of licenses pursuant to section 17, and amendments
1373	1373	thereto. Such system shall require all applications for licensure to be
1374	1374	submitted on or before October 1, 2024. The general lottery system shall
1375	1375	ensure that at least 20% of each type of license be issued to an applicant
1376	1376	that is selected pursuant to the social equity lottery established pursuant to
1377	1377	subsection (b).
1378	1378	(b) The director shall establish a social equity lottery system for the
1379	1379	issuance of licenses pursuant to section 17, and amendments thereto. Such
1380	1380	system shall only be open to those applicants that satisfy the socio-
1381	1381	economic demographic criteria adopted by the secretary of revenue.
1382	1382	(c) No lottery system shall be used unless the number of qualified
1383	1383	applicants for licensure exceeds the number of licenses the director may
1384	1384	issue.
1385	1385	New Sec. 23. (a) A cultivator may:
1386	1386	(1) Cultivate medical cannabis in accordance with the provisions of
1387	1387	this act;
1388	1388	(2) transport, deliver and sell medical cannabis to one or more
1389	1389	licensed cultivators, processors or retailers;
1390	1390	(3) purchase and receive medical cannabis from one or more licensed
1391	1391	cultivators; and
1392	1392	(4) transport and deliver medical cannabis waste to one or more
1393	1393	disposal facilities.
1394	1394	(b) (1) Unless authorized by this act, a cultivator shall not transfer or
1395	1395	sell medical cannabis unless samples from each harvest batch or
1396	1396	production batch from which such medical cannabis was derived has been
1397	1397	tested by a licensed laboratory for contaminants and has passed all
1398	1398	contaminant tests required by this act.
1399	1399	(2) A cultivator may transfer medical cannabis that has failed
1400	1400	laboratory testing to a licensed processor only for the purposes of
1401	1401	decontamination or remediation and only in accordance with the
1402	1402	provisions of this act.
1403	1403	(c) A cultivator facility shall not cultivate medical cannabis for
1404	1404	personal, family or household use or on any public land.
1405	1405	(d) The licensed premises of a cultivator shall only be located on land
1406	1406	that has been zoned for commercial or industrial use.
1407	1407	New Sec. 24. (a) A processor may:
1408	1408	(1) Purchase and receive medical cannabis from one or more licensed
1409	1409	cultivators or processors;
1410	1410	(2) subject to subsection (b), process medical cannabis obtained from
1411	1411	a licensed cultivator into medical cannabis concentrate or medical
1412	1412	cannabis products;
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1456	1456	(3) transport, deliver and sell processed medical cannabis, medical
1457	1457	cannabis concentrate and medical cannabis products to one or more
1458	1458	licensed processors or retailer; and
1459	1459	(4) transport and deliver medical cannabis waste to one or more
1460	1460	disposal facilities.
1461	1461	(b) A processor shall not transfer, sell or process into a concentrate or
1462	1462	medical cannabis product any medical cannabis, medical cannabis
1463	1463	concentrate or medical cannabis product unless samples from each harvest
1464	1464	batch or production batch from which such medical cannabis, medical
1465	1465	cannabis concentrate or medical cannabis product was derived has been
1466	1466	tested by a licensed laboratory for contaminants and has passed all
1467	1467	contaminant tests required by this act.
1468	1468	(c) When packaging medical cannabis, medical cannabis concentrate
1469	1469	and medical cannabis products, a processor shall comply with any
1470	1470	packaging and labeling requirements established by rules and regulations
1471	1471	adopted by the secretary of revenue.
1472	1472	(d) The licensed premises of a processor shall only be located on land
1473	1473	that has been zoned for commercial or industrial use.
1474	1474	New Sec. 25. (a) A retailer may:
1475	1475	(1) Purchase and receive medical cannabis and medical cannabis
1476	1476	products from one or more licensed cultivators or processors;
1477	1477	(2) sell medical cannabis and medical cannabis products to patients
1478	1478	and caregivers in accordance with subsection (b); and
1479	1479	(3) transport and deliver medical cannabis waste to one or more
1480	1480	disposal facilities.
1481	1481	(b) When selling medical cannabis and medical cannabis products, a
1482	1482	retailer shall:
1483	1483	(1) Sell medical cannabis and medical cannabis products only to a
1484	1484	person who provides a current, valid patient or caregiver identification
1485	1485	card and only in accordance with a written recommendation issued by a
1486	1486	medical provider; and
1487	1487	(2) comply with any packaging and labeling requirements established
1488	1488	by rules and regulations adopted by the secretary of revenue.
1489	1489	(c) A retailer shall not make public any information received or
1490	1490	collected by such licensee that identifies or would tend to identify any
1491	1491	specific patient.
1492	1492	New Sec. 26. (a) A disposal facility may:
1493	1493	(1) Transport and receive medical cannabis waste to or from a
1494	1494	cultivator, processor, retailer, laboratory or another disposal facility; and
1495	1495	(2) dispose of medical cannabis waste received from a cultivator,
1496	1496	processor, retailer, laboratory or another disposal facility and medical
1497	1497	cannabis waste produced by the licensee if the licensee also holds a
1498	1498	cultivator, processor, retailer or laboratory license.
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1542	1542	(b) All medical cannabis waste disposed of pursuant to this act shall
1543	1543	be subject to any rules and regulations adopted by the secretary relating to
1544	1544	the proper disposal of such materials in order to preserve the health and
1545	1545	safety of the public.
1546	1546	(c) All medical cannabis waste shall be documented and tracked
1547	1547	through the electronic inventory tracking system established under section
1548	1548	31, and amendments thereto. Such documentation shall include:
1549	1549	(1) Unique identification numbers for inventory lots;
1550	1550	(2) the total weight of the medical cannabis waste disposed of;
1551	1551	(3) the name of the licensee providing the medical cannabis waste;
1552	1552	and
1553	1553	(4) photographs of the disposed medical cannabis waste.
1554	1554	(d) The seeds, roots, stems, stalks and fan leaves of cannabis plants
1555	1555	may be disposed of by a licensee without a disposal facility license. Such
1556	1556	disposal may be conducted on the licensed premises by open burning,
1557	1557	incineration, burying, mulching, composting or any other method
1558	1558	approved by the secretary.
1559	1559	New Sec. 27. (a) On or before January 1, 2025, the director shall
1560	1560	contract with a private laboratory for the purpose of conducting
1561	1561	compliance and quality assurance testing of licensed laboratories to
1562	1562	provide public safety and ensure that quality medical cannabis and medical
1563	1563	cannabis products are available to patients and caregivers.
1564	1564	(b) Any private laboratory contracting with the director shall:
1565	1565	(1) Be prohibited from conducting any other commercial medical
1566	1566	cannabis or medical cannabis product testing in this state;
1567	1567	(2) have held a license, permit or other certification to test medical
1568	1568	cannabis issued by another state for at least one year prior to contracting
1569	1569	with the director and have entered into a contract with another state for
1570	1570	compliance and quality assurance testing;
1571	1571	(3) not employ, or be owned by any individual:
1572	1572	(A) That has a direct or indirect financial interest in any licensee;
1573	1573	(B) whose spouse, parent, child, spouse of a child, sibling or spouse
1574	1574	of a sibling has an active application for a license; or
1575	1575	(C) that is a member of the board of directors of any licensee; and
1576	1576	(4) be accessible for any medical cannabis testing needs of any state
1577	1577	agency, including, but not limited to, the department, the Kansas bureau of
1578	1578	investigation and the state fire marshal.
1579	1579	New Sec. 28. (a) The director shall recommend to the secretary of
1580	1580	revenue rules and regulations as necessary to develop acceptable testing
1581	1581	and research practices in consultation with the private laboratory
1582	1582	contracting with the director under section 27, and amendments thereto.
1583	1583	Such rules and regulations shall, include, but are not limited to, testing,
1584	1584	standards, quality control analysis, equipment certification and calibration
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1628	1628	and identification of chemicals and other substances used in bona fide
1629	1629	research methods.
1630	1630	(b) The director shall also recommend to the secretary of revenue
1631	1631	rules and regulations for laboratory testing performed under this act
1632	1632	concerning:
1633	1633	(1) The cleanliness and orderliness of the premises of a licensed
1634	1634	laboratory and the security of such facilities;
1635	1635	(2) the inspection, cleaning and maintenance of equipment or utensils
1636	1636	used for the analysis of test samples;
1637	1637	(3) testing procedures and standards for cannabinoid and terpenoid
1638	1638	potency and safe levels of contaminants and appropriate remediation and
1639	1639	validation procedures;
1640	1640	(4) controlled access areas for the storage of medical cannabis,
1641	1641	medical cannabis concentrate and medical cannabis product test samples,
1642	1642	medical cannabis waste and reference standards;
1643	1643	(5) records to be retained and computer systems to be utilized by the
1644	1644	laboratory;
1645	1645	(6) the possession, storage and use by the laboratory of reagents,
1646	1646	solutions and reference standards;
1647	1647	(7) a certificate of analysis for each lot of reference standard;
1648	1648	(8) the transport and disposal of medical cannabis waste;
1649	1649	(9) the use of the electronic inventory tracking system established
1650	1650	under section 31, and amendments thereto, to ensure all test harvest and
1651	1651	production batches or samples containing medical cannabis, medical
1652	1652	cannabis concentrate or medical cannabis products are identified and
1653	1653	tracked from the point such batches or samples are transferred from a
1654	1654	licensee or a patient or caregiver through the point of transfer, destruction
1655	1655	or disposal. Such inventory tracking system shall include the results of any
1656	1656	tests that are conducted;
1657	1657	(10) the employment of laboratory personnel;
1658	1658	(11) a written standard operating procedure manual to be maintained
1659	1659	and updated by the laboratory;
1660	1660	(12) the successful participation in a proficiency testing program
1661	1661	approved by the director for conducting testing in order to obtain and
1662	1662	maintain certification;
1663	1663	(13) the establishment of and adherence to a quality assurance and
1664	1664	quality control program to ensure sufficient monitoring of laboratory
1665	1665	processes and the quality of results reported;
1666	1666	(14) the immediate recall of medical cannabis, medical cannabis
1667	1667	concentrate or medical cannabis products that test above allowable
1668	1668	thresholds or are otherwise determined to be unsafe;
1669	1669	(15) the establishment of a system to document the complete chain of
1670	1670	custody for batches or samples from receipt through disposal;
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1714	1714	(16) the establishment of a system to retain and maintain all required
1715	1715	records, including business records, and processes to ensure results are
1716	1716	reported in a timely and accurate manner; and
1717	1717	(17) any other aspect of laboratory testing of medical cannabis,
1718	1718	medical cannabis concentrate or medical cannabis product deemed
1719	1719	necessary by the director.
1720	1720	New Sec. 29. (a) A laboratory shall:
1721	1721	(1) Comply with all applicable local ordinances, including, but not
1722	1722	limited to, any zoning, occupancy, licensing and building codes;
1723	1723	(2) establish policies to prevent the existence or appearance of undue
1724	1724	commercial, financial or other influences that diminish, or have the effect
1725	1725	of diminishing the public confidence in, the competency, impartiality and
1726	1726	integrity of the testing processes or results of such laboratory. Such
1727	1727	policies shall prohibit employees, owners or agents of a laboratory who
1728	1728	participate in any aspect of the analysis and results of a sample from
1729	1729	improperly influencing the testing process, manipulating data or benefiting
1730	1730	from any ongoing financial, employment, personal or business relationship
1731	1731	with the licensee that submitted the sample for testing;
1732	1732	(3) not test samples for any licensee in which an owner, employee or
1733	1733	agent of the laboratory has any form of ownership or financial interest in
1734	1734	such licensee that submitted the sample for testing;
1735	1735	(4) promptly provide the director access to:
1736	1736	(A) A report of a test and any underlying data that is conducted on a
1737	1737	sample; and
1738	1738	(B) laboratory premises and to any material or information requested
1739	1739	by the director to determine compliance with the requirements of this
1740	1740	section;
1741	1741	(5) retain all results of laboratory tests conducted on medical
1742	1742	cannabis, medical cannabis concentrate or medical cannabis products for a
1743	1743	period of at least two years and make such results available to the director
1744	1744	upon request;
1745	1745	(6) establish standards, policies and procedures for laboratory testing
1746	1746	procedures;
1747	1747	(7) (A) test samples from each harvest batch or product batch, as
1748	1748	appropriate, of medical cannabis, medical cannabis concentrate and
1749	1749	medical cannabis product for each of the following categories of testing,
1750	1750	consistent with standards developed by the director:
1751	1751	(i) Microbials;
1752	1752	(ii) mycotoxins;
1753	1753	(iii) residual solvents;
1754	1754	(iv) pesticides;
1755	1755	(v) tetrahydrocannabinol and other cannabinoid potency;
1756	1756	(vi) terpenoid potency type and concentration;
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1800	1800	(vii) moisture content;
1801	1801	(viii) homogeneity; and
1802	1802	(ix) heavy metals; and
1803	1803	(B) only accept a test batch of usable medical cannabis, medical
1804	1804	cannabis concentrate or medical cannabis product for testing purposes
1805	1805	from a:
1806	1806	(i) Cultivator that has separated each harvest lot of usable cannabis
1807	1807	into harvest batches containing not more than 10 pounds, except harvest
1808	1808	batches of fresh, uncured medical cannabis or fresh or frozen medical
1809	1809	cannabis to be sold to a processor in order to make a concentrate may be
1810	1810	separated into batches containing not more than 20 pounds; and
1811	1811	(ii) processor that has separated each medical cannabis production lot
1812	1812	into production batches containing not more than 10 pounds.
1813	1813	(b) A laboratory may:
1814	1814	(1) Accept samples of medical cannabis, medical cannabis
1815	1815	concentrate or medical cannabis product from:
1816	1816	(A) A licensee or any entity authorized to possess such samples only
1817	1817	for testing and research purposes, including the provision of testing
1818	1818	services for samples submitted by a licensee for product development. A
1819	1819	laboratory shall not be prohibited from obtaining a license under this act
1820	1820	due to such facility performing other testing and research on medical
1821	1821	cannabis and medical cannabis products; or
1822	1822	(B) an individual person for testing if such person is a:
1823	1823	(i) Patient or caregiver and such person provides the laboratory with
1824	1824	the individual's valid identification card and a valid photo identification; or
1825	1825	(ii) participant in an approved clinical or observational study
1826	1826	conducted by a research facility as described in section 15(c), and
1827	1827	amendments thereto; and
1828	1828	(2) transfer samples of medical cannabis, medical cannabis
1829	1829	concentrate and medical cannabis product to or from another laboratory or
1830	1830	any licensee. All laboratory reports shall identify the laboratory that
1831	1831	performed the testing of the sample.
1832	1832	(c) (1) A laboratory shall be inspected prior to initial licensure and
1833	1833	further inspected up to six times annually by an inspector approved by the
1834	1834	director. The director may enter the licensed premises of a laboratory to
1835	1835	conduct investigations and additional inspections when the director
1836	1836	believes an investigation or additional inspection is necessary due to a
1837	1837	possible violation of this act.
1838	1838	(2) After January 1, 2025, accreditation by the national environmental
1839	1839	laboratory accreditation program, ANSI/ASQ national accreditation board
1840	1840	or another accrediting body approved by the director shall be required for
1841	1841	licensure of a laboratory and the renewal thereof.
1842	1842	New Sec. 30. (a) The director shall recommend such rules and
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1886	1886	regulations as necessary to implement the provisions of this act. After a
1887	1887	public hearing on a proposed rule and regulation has been held as required
1888	1888	by law, the director shall submit such proposed rule and regulation to the
1889	1889	secretary of revenue, who shall adopt the rule and regulation upon
1890	1890	approval by the secretary. Such rules and regulations shall include, but are
1891	1891	not limited to:
1892	1892	(1) Establishing internal control policies and procedures for the
1893	1893	review of license applications and the issuance and renewal of licenses;
1894	1894	(2) establishing fees for licenses;
1895	1895	(3) verifying the sources of financing for license applicants;
1896	1896	(4) establishing policies and procedures for the reporting and tracking
1897	1897	of:
1898	1898	(A) Adverse events;
1899	1899	(B) product recalls; and
1900	1900	(C) complaints; and
1901	1901	(5) any other policies and procedures recommended by the Kansas
1902	1902	medical cannabis advisory board.
1903	1903	(b) It is intended by this act that the director shall have broad
1904	1904	discretionary powers to govern the traffic in medical cannabis in this state
1905	1905	and to strictly enforce all the provisions of this act in the interest of
1906	1906	sanitation, purity of products, truthful representation and honest dealings
1907	1907	in such manner as generally will promote the public health and welfare.
1908	1908	All valid rules and regulations adopted under the provisions of this act
1909	1909	shall be absolutely binding upon all licensees and enforceable by the
1910	1910	director through the power of suspension or revocation of licenses.
1911	1911	New Sec. 31. The director shall establish and maintain an electronic
1912	1912	database to monitor medical cannabis from its seed source through its
1913	1913	cultivation, testing, processing, distribution and dispensing. The director
1914	1914	may contract with a separate entity to establish and maintain all or any
1915	1915	portion of the electronic database on behalf of the agency.
1916	1916	New Sec. 32. (a) There is hereby established the medical cannabis
1917	1917	regulation fund in the state treasury. The director of the Kansas medical
1918	1918	cannabis agency shall administer the medical cannabis regulation fund and
1919	1919	remit all moneys collected from the payment of all fees and fines imposed
1920	1920	by the director pursuant to the Kansas medical cannabis act and any other
1921	1921	moneys received by or on behalf of the director pursuant to this act to the
1922	1922	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
1923	1923	amendments thereto. Upon receipt of each such remittance, the state
1924	1924	treasurer shall deposit the entire amount in the state treasury to the credit
1925	1925	of the medical cannabis regulation fund. Moneys credited to the medical
1926	1926	cannabis regulation fund shall only be expended or transferred as provided
1927	1927	in this section. Expenditures from such fund shall be made in accordance
1928	1928	with appropriation acts upon warrants of the director of accounts and
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1972	1972	reports issued pursuant to vouchers approved by the director, or the
1973	1973	director's designee.
1974	1974	(b) Moneys in the medical cannabis regulation fund shall be used for
1975	1975	costs related to the regulation and enforcement of the cultivation,
1976	1976	possession, processing and sale of medical cannabis by the Kansas medical
1977	1977	cannabis agency.
1978	1978	New Sec. 33. (a) In addition to or in lieu of any other civil or criminal
1979	1979	penalty as provided by law, the director may impose a civil penalty or
1980	1980	suspend or revoke a license upon a finding that the licensee committed a
1981	1981	violation as provided in this section.
1982	1982	(b) (1) Upon a finding that a licensee has sold, transferred or
1983	1983	otherwise distributed medical cannabis in violation of this act, the director
1984	1984	may impose a civil fine not to exceed $1,000 for a first offense and not to
1985	1985	exceed $5,000 for a second or subsequent offense.
1986	1986	(2) Upon a showing that a licensee acted willfully or with gross
1987	1987	negligence in selling, transferring or otherwise distributing medical
1988	1988	cannabis in violation of this act, the director may suspend or revoke such
1989	1989	licensee's license.
1990	1990	(c) (1) Upon a finding that a patient or caregiver intentionally
1991	1991	diverted medical cannabis or medical cannabis products to an unauthorized
1992	1992	person in violation of this act, the director may impose a civil fine not to
1993	1993	exceed $2,000 for a first offense and not to exceed $5,000 for a second or
1994	1994	subsequent offense.
1995	1995	(2) Upon a showing that a patient or caregiver acted willfully or with
1996	1996	gross negligence in intentionally diverting medical cannabis or medical
1997	1997	cannabis products to an unauthorized person in violation of this act, the
1998	1998	director may suspend or revoke such patient's or caregiver's identification
1999	1999	card.
2000	2000	(d) Upon a showing that a patient or caregiver violated any reporting
2001	2001	requirements with respect to medical cannabis cultivated by such patient
2002	2002	or caregiver, the director may impose a civil fine not to exceed $250.
2003	2003	New Sec. 34. (a) A tax is hereby imposed upon the privilege of
2004	2004	selling medical cannabis and medical cannabis products in this state by
2005	2005	any retailer at the rate of 4% on the gross receipts received from the sale of
2006	2006	medical cannabis to patients and caregivers holding an identification card
2007	2007	issued pursuant to section 9, and amendments thereto. The tax imposed by
2008	2008	this section shall be paid by the patient or caregiver at the time of
2009	2009	purchase.
2010	2010	(b) On or before the 20
2011	2011	th
2012	2012	day of each calendar month, every retailer
2013	2013	shall file a return with the director of taxation showing the quantity of
2014	2014	medical cannabis and medical cannabis products sold to patients and
2015	2015	caregivers within this state during the preceding calendar month. Each
2016	2016	return shall be accompanied by a remittance for the full tax liability
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2060	2060	shown.
2061	2061	(c) All moneys received by the director of taxation, or the director's
2062	2062	designee, from taxes imposed by this section shall be remitted to the state
2063	2063	treasurer in accordance with the provisions of K.S.A. 75-4215, and
2064	2064	amendments thereto. Upon receipt of each such remittance, the state
2065	2065	treasurer shall deposit the entire amount in the state treasury to the credit
2066	2066	of the medical cannabis revenues fund, established by section 37, and
2067	2067	amendments thereto.
2068	2068	New Sec. 35. The director of taxation shall have the power to:
2069	2069	(a) Require any retailer to furnish additional information deemed
2070	2070	necessary for the purpose of computing the amount of the taxes due
2071	2071	pursuant to section 34, and amendments thereto;
2072	2072	(b) examine all books, records and files of such persons or entities;
2073	2073	and
2074	2074	(c) issue subpoenas and examine witnesses under oath, and if any
2075	2075	witness fails or refuses to appear at the request of the director, or refuses
2076	2076	access to books, records and files, the district court of the proper county, or
2077	2077	the judge thereof, on application of the director, shall compel obedience by
2078	2078	proceedings for contempt, as in the case of disobedience of the
2079	2079	requirements of a subpoena issued from such court or a refusal to testify
2080	2080	therein.
2081	2081	New Sec. 36. The provisions of K.S.A. 75-5133, 79-3610, 79-3611,
2082	2082	79-3612, 79-3613, 79-3615 and 79-3617, and amendments thereto,
2083	2083	relating to the assessment, collection, appeal and administration of the
2084	2084	retailers' sales tax, insofar as practical, shall have full force and effect with
2085	2085	respect to taxes, penalties and fines imposed by section 34, and
2086	2086	amendments thereto.
2087	2087	New Sec. 37. (a) There is hereby established the medical cannabis
2088	2088	revenues fund in the state treasury. All expenditures and transfers from
2089	2089	such fund shall be made in accordance with appropriation acts. All moneys
2090	2090	credited to such Kfund shall be expended or transferred only for the
2091	2091	purposes of medical cannabis research, public health programs, mental
2092	2092	health programs, telemedicine programs, drug and alcohol abuse and
2093	2093	prevention programs, elementary and secondary school health programs,
2094	2094	broadband or high-speed internet connectivity initiatives, expenditures
2095	2095	from the state water plan fund and property tax relief for individuals who
2096	2096	are 60 years of age or older.
2097	2097	(b) (1) On July 1, 2024, and each July 1 thereafter, or as soon
2098	2098	thereafter such date as moneys are available, the first $4,000,000 credited
2099	2099	to the medical cannabis revenues fund shall be transferred by the director
2100	2100	of accounts and reports from the medical cannabis revenues fund to the
2101	2101	operating grant, including official hospitality, account of the department of
2102	2102	commerce in the state general fund to be expended for the expansion of
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2146	2146	broadband internet connectivity.
2147	2147	(2) On July 1, 2024, and each July 1 thereafter, or as soon thereafter
2148	2148	such date as moneys are available, after the transfer has been made under
2149	2149	paragraph (1), the next $4,000,000 credited to the medical cannabis
2150	2150	revenues fund shall be transferred by the director of accounts and reports
2151	2151	from the medical cannabis revenues fund to the community crisis
2152	2152	stabilization centers fund of the Kansas department for aging and disability
2153	2153	services.
2154	2154	(3) On July 1, 2024, and each July 1 thereafter, or as soon thereafter
2155	2155	such date as moneys are available, after the transfers have been made
2156	2156	under paragraphs (1) and (2), the next $4,000,000 credited to the medical
2157	2157	cannabis revenues fund shall be transferred by the director of accounts and
2158	2158	reports from the medical cannabis revenues fund to the state water plan
2159	2159	fund established by K.S.A. 82a-951, and amendments thereto.
2160	2160	(c) There is hereby established in the state treasury the medical
2161	2161	cannabis refund fund. The medical cannabis refund fund shall be held by
2162	2162	the state treasurer for prompt refunding of all overpayments of the tax
2163	2163	levied and collected pursuant to section 34, and amendments thereto. The
2164	2164	medical cannabis refund fund shall be maintained in an amount
2165	2165	determined by the secretary of revenue as necessary to meet current
2166	2166	refunding requirements, but such amount shall not exceed $10,000.
2167	2167	New Sec. 38. No state or municipal law enforcement agency, or any
2168	2168	officer or employee thereof, shall provide any identifying information
2169	2169	concerning a patient or caregiver who has been issued an identification
2170	2170	card pursuant to section 9, and amendments thereto, to any federal law
2171	2171	enforcement agency or law enforcement agency of another jurisdiction for
2172	2172	the purpose of any investigation of a crime involving possession of
2173	2173	cannabis, unless such law enforcement agency recognizes the lawful
2174	2174	purchase, possession and consumption of medical cannabis under the
2175	2175	Kansas medical cannabis act.
2176	2176	New Sec. 39. Nothing in this act shall prohibit a commercial real
2177	2177	property owner or a business owner from prohibiting the consumption of
2178	2178	medical cannabis or medical cannabis products on such owner's premises
2179	2179	or within 10 feet of any entryway to such premises.
2180	2180	New Sec. 40. (a) No rental agreement for subsidized housing shall
2181	2181	contain a provision or impose a rule that prohibits a patient or caregiver
2182	2182	who has been issued an identification card pursuant to section 9, and
2183	2183	amendments thereto, to agree, as a condition of tenancy, to a prohibition or
2184	2184	restriction on the possession or use of medical cannabis in such person's
2185	2185	residence. A landlord may impose reasonable restrictions related to the use
2186	2186	of medical cannabis by any person in public areas of the premises and such
2187	2187	possession and use shall be in accordance with this act.
2188	2188	(b) As used in this section:
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2232	2232	(1) "Rental agreement" means an agreement, written or oral, and
2233	2233	valid rules and regulations embodying the terms and conditions concerning
2234	2234	the use and occupancy of a dwelling unit; and
2235	2235	(2) (A) "Subsidized housing" means a rental unit for which the
2236	2236	landlord receives rental assistance payments under a rental assistance
2237	2237	agreement administered by the United States department of agriculture
2238	2238	under the multi-family housing rental assistance program under title V of
2239	2239	the federal housing act of 1949 or receives housing assistance payments
2240	2240	under a housing assistance payment contract administered by the United
2241	2241	States department of housing and urban development under the housing
2242	2242	choice voucher program, the new construction program, the substantial
2243	2243	rehabilitation program or the moderate rehabilitation program under
2244	2244	section 8 of the United States housing act of 1937.
2245	2245	(B) "Subsidized housing" does not include owner-occupied housing
2246	2246	accommodations of four units or fewer.
2247	2247	New Sec. 41. No patient or caregiver who has been issued an
2248	2248	identification card pursuant to section 9, and amendments thereto, shall be
2249	2249	denied the ability to purchase or possess a firearm, ammunition or firearm
2250	2250	accessories solely on the basis that such individual purchases, possesses or
2251	2251	consumes medical cannabis in accordance with the provisions of this act.
2252	2252	New Sec. 42. (a) A patient or caregiver who has been issued an
2253	2253	identification card pursuant to section 9, and amendments thereto, shall not
2254	2254	be denied eligibility in any public assistance or social welfare programs,
2255	2255	including, but not limited to, the state medical assistance program, the
2256	2256	supplemental nutrition assistance program, the women, infants and
2257	2257	children nutrition program and the temporary assistance for needy families
2258	2258	program solely on the basis that such individual purchases, possesses or
2259	2259	consumes medical cannabis in accordance with this act.
2260	2260	(b) Nothing in this section shall be construed to require the state
2261	2261	medical assistance program or any other public assistance program to
2262	2262	reimburse an individual for the costs associated with the purchase,
2263	2263	possession or consumption of medical cannabis, unless otherwise required
2264	2264	by federal law.
2265	2265	(c) Nothing in this section shall be construed to prohibit a person
2266	2266	from taking any action necessary to procure or retain any monetary benefit
2267	2267	provided under federal law, or any rules and regulations adopted
2268	2268	thereunder, or to obtain or maintain any license, certificate, registration or
2269	2269	other legal status issued or bestowed under federal law, or any rules and
2270	2270	regulations adopted thereunder.
2271	2271	New Sec. 43. (a) The board of education of a school district may
2272	2272	prohibit the consumption of medical cannabis on the premises of any
2273	2273	school operated by such school district except by patients who have been
2274	2274	issued an identification card pursuant to section 9, and amendments
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2318	2318	thereto, and who consume medical cannabis through any means other than
2319	2319	smoking in accordance with the provisions of this act.
2320	2320	(b) No student shall be denied participation in any curricular or
2321	2321	extracurricular activities solely on the basis that such student possesses or
2322	2322	consumes medical cannabis in accordance with the provisions of this act.
2323	2323	New Sec. 44. (a) The governing body or the chief administrative
2324	2324	officer, if no governing body exists, of a postsecondary educational
2325	2325	institution, as defined in K.S.A. 74-3201b, and amendments thereto, shall
2326	2326	permit any student enrolled in such postsecondary educational institution
2327	2327	who is a patient that has been issued an identification card pursuant to
2328	2328	section 9, and amendments thereto, to possess and consume medical
2329	2329	cannabis in accordance with the provisions of this act.
2330	2330	(b) No student shall be denied participation in any curricular or
2331	2331	extracurricular activities solely on the basis that such student possesses or
2332	2332	consumes medical cannabis in accordance with the provisions of this act.
2333	2333	New Sec. 45. The provisions of the Kansas medical cannabis act are
2334	2334	hereby declared to be severable. If any part or provision of the Kansas
2335	2335	medical cannabis act is held to be void, invalid or unconstitutional, such
2336	2336	part or provision shall not affect or impair any of the remaining parts or
2337	2337	provisions of the Kansas medical cannabis act and any such remaining
2338	2338	parts or provisions shall continue in full force and effect.
2339	2339	New Sec. 46. The provisions of sections 46 through 67, and
2340	2340	amendments thereto, shall be known and may be cited as the Kansas
2341	2341	cannabidiol regulation act.
2342	2342	New Sec. 47. As used in the Kansas cannabidiol regulation act:
2343	2343	(a) "Cannabidiol" means the compound (other trade name: 2-[(3-
2344	2344	methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-
2345	2345	benzenediol)) derived from any part of the cannabis sativa plant that
2346	2346	contains not more than 0.3% tetrahydrocannabinol.
2347	2347	(b) (1) "Cannabidiol products" means any product that contains
2348	2348	cannabidiol that is intended for consumption or topical application,
2349	2349	including, but not limited to, oils, lotions, tinctures, edibles and capsules.
2350	2350	(2) "Cannabidiol products" does not include medical cannabis,
2351	2351	medical cannabis concentrate or medical cannabis products, as such terms
2352	2352	are defined in section 2, and amendments thereto, or hemp products, as
2353	2353	defined in K.S.A. 2-3901, and amendments thereto.
2354	2354	(c) "Director" means the director of the division of alcoholic beverage
2355	2355	control.
2356	2356	(d) "Person" means any natural person, corporation, partnership, trust,
2357	2357	association or other form of business organization.
2358	2358	(e) "Retailer" means a person licensed pursuant to this act that
2359	2359	engages in the retail sale of cannabidiol products.
2360	2360	(f) "Sale" means any transfer, exchange or barter in any manner or by
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2404	2404	any means whatsoever for a consideration and includes all sales made by
2405	2405	any person, whether principal, proprietor, agent, servant or employee of a
2406	2406	retailer.
2407	2407	(g) "Secretary" means the secretary of revenue.
2408	2408	New Sec. 48. (a) No person shall engage in the retail sale of
2409	2409	cannabidiol products in this state except as specifically authorized in this
2410	2410	act.
2411	2411	(b) Nothing in this act shall prohibit:
2412	2412	(1) The possession and transportation of cannabidiol products for the
2413	2413	personal use of the possessor, the possessor's family and guests;
2414	2414	(2) any licensed practicing physician or dentist from possessing or
2415	2415	using cannabidiol products in the strict practice of the medical or dental
2416	2416	profession, including any cannabidiol treatment preparations, as defined in
2417	2417	K.S.A. 2023 Supp. 65-6235, and amendments thereto;
2418	2418	(3) any hospital or other institution caring for sick and diseased
2419	2419	persons, from possessing and using cannabidiol products for the treatment
2420	2420	of bona fide patients of such hospital or institution, including any
2421	2421	cannabidiol treatment preparations, as defined in K.S.A. 2023 Supp. 65-
2422	2422	6235, and amendments thereto; or
2423	2423	(4) any pharmacy employing a licensed pharmacist from possessing
2424	2424	and using cannabidiol products in the compounding of prescriptions,
2425	2425	including any cannabidiol treatment preparations, as defined in K.S.A.
2426	2426	2023 Supp. 65-6235, and amendments thereto.
2427	2427	(c) For purposes of this section, "guest" means a natural person who
2428	2428	is known to the host and receives a personal invitation to an event
2429	2429	conducted by the host. "Guest" does not mean a natural person who
2430	2430	receives an invitation to an event conducted by the host when such
2431	2431	invitation has been made available to the general public.
2432	2432	New Sec. 49. (a) A license shall allow a retailer to engage in the retail
2433	2433	sale of cannabidiol products. A license shall permit the retail sale of
2434	2434	cannabidiol products only on the licensed premises and shall not permit
2435	2435	the sale of such products for resale in any form.
2436	2436	(b) A licensee may:
2437	2437	(1) Charge a delivery fee for delivery of cannabidiol products;
2438	2438	(2) distribute to the public, without charge, consumer advertising
2439	2439	specialties bearing advertising matter, subject to rules and regulations of
2440	2440	the secretary limiting the form and distribution of such specialties so that
2441	2441	they are not conditioned on or an inducement to the purchase of
2442	2442	cannabidiol products; and
2443	2443	(3) sell any other good or service on the licensed premises.
2444	2444	New Sec. 50. (a) No license shall be issued to a person who:
2445	2445	(1) Is not a citizen of the United States;
2446	2446	(2) has been convicted of a felony under the laws of this state, any
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2490	2490	other state or the United States, except for any cannabis-related offenses or
2491	2491	any conviction that has been expunged;
2492	2492	(3) has had a license revoked for cause under the provisions of this
2493	2493	act;
2494	2494	(4) is not at least 21 years of age;
2495	2495	(5) intends to carry on the business authorized by the license as agent
2496	2496	of another;
2497	2497	(6) at the time of application for renewal of any license issued under
2498	2498	this act would not be eligible for the license upon a first application;
2499	2499	(7) does not own the premises for which a license is sought, or does
2500	2500	not, at the time of application, have a written lease thereon;
2501	2501	(8) does not provide any data or information required by section 51,
2502	2502	and amendments thereto;
2503	2503	(9) is a copartnership, unless all of the copartners are qualified to
2504	2504	obtain a license;
2505	2505	(10) is a corporation or limited liability company, except as provided
2506	2506	in subsection (b) or (c); or
2507	2507	(11) is a trust, if any grantor, beneficiary or trustee would be
2508	2508	ineligible to receive a license under this act for any reason, except that the
2509	2509	provisions of paragraph (4) shall not apply in determining whether a
2510	2510	beneficiary would be eligible for a license.
2511	2511	(b) Any limited liability company applying for a license shall be
2512	2512	required to meet the qualifications for licensure of a corporation. Such
2513	2513	applicant shall submit a copy of its articles of organization and operating
2514	2514	agreement to the director in such form and manner as prescribed by the
2515	2515	director.
2516	2516	(c) (1) No corporation, either organized under the laws of this state,
2517	2517	any other state or a foreign country, shall be issued a license unless the
2518	2518	corporation has first procured a certificate of authority from the secretary
2519	2519	of state to do business in this state as provided by law, appointed a citizen
2520	2520	of the United States who is a resident of Kansas as its agent and filed with
2521	2521	the director a duly authenticated copy of a duly executed power of
2522	2522	attorney, authorizing the agent to accept service of process from the
2523	2523	director and the courts of this state and to exercise full authority of the
2524	2524	corporation and full authority, control and responsibility for the conduct of
2525	2525	all business and transactions of the corporation within the state relative to
2526	2526	the business licensed and the retail sale of cannabidiol products. The agent
2527	2527	shall be satisfactory to and approved by the director with respect to the
2528	2528	agent's character. The agent shall at all times be maintained by the
2529	2529	corporation.
2530	2530	(2) As a condition precedent to the issuance of a license to a
2531	2531	corporation, such corporation shall file with the secretary of state of the
2532	2532	state of Kansas, a duly authorized and executed power of attorney,
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2576	2576	authorizing the secretary of state to accept service of process from the
2577	2577	director and the courts of this state and to accept service of any notice or
2578	2578	order provided for in this act. Such acts by the secretary of state shall be
2579	2579	fully binding upon the corporation.
2580	2580	New Sec. 51. (a) If an applicant for licensure is not a resident of the
2581	2581	state of Kansas on the date of submission of such application, the director
2582	2582	may require the individual applicant, or if the applicant is a corporation,
2583	2583	partnership or trust, each individual officer, director, stockholder, copartner
2584	2584	or trustee to:
2585	2585	(1) Submit to a national criminal history record check and provide the
2586	2586	director with a legible set of fingerprints;
2587	2587	(2) disclose to the director any substantial financial interest the
2588	2588	applicant owns in any entity that receives proceeds from the sale of
2589	2589	cannabidiol products; and
2590	2590	(3) submit a release allowing the director to have access to and
2591	2591	review of the applicant's financial records to verify ownership and to
2592	2592	ensure that the applicant is not an agent of another person. Such release
2593	2593	shall remain in effect after the license has been issued until the license is
2594	2594	canceled or revoked.
2595	2595	(b) The director shall submit the fingerprints provided under
2596	2596	subsection (a) to the Kansas bureau of investigation and to the federal
2597	2597	bureau of investigation and receive a reply to enable the director to verify
2598	2598	the identity of such applicant or such individuals specified in subsection
2599	2599	(a) and whether such applicant or such individuals have been convicted of
2600	2600	any crimes that would disqualify the applicant or such individuals from
2601	2601	holding a license under this act. The director is authorized to use the
2602	2602	information obtained from the national criminal history record check to
2603	2603	determine such applicant's or individual's eligibility to hold such license.
2604	2604	(c) All costs incurred pursuant to this section to ensure that the
2605	2605	applicant is qualified for licensure shall be paid by the applicant.
2606	2606	(d) If the applicant is not a Kansas resident, no license shall be issued
2607	2607	until the applicant has appointed a citizen of the United States who is a
2608	2608	resident of Kansas as the applicant's agent and filed with the director a
2609	2609	duly authenticated copy of a duly executed power of attorney, authorizing
2610	2610	the agent to accept service of process from the director and the courts of
2611	2611	this state and to exercise full authority, control and responsibility for the
2612	2612	conduct of all business and transactions within the state relative to the
2613	2613	business licensed and the retail sale of cannabidiol products. The agent
2614	2614	shall be satisfactory to and approved by the director, except that the
2615	2615	director shall not approve as an agent any person who:
2616	2616	(1) Has been convicted of a felony under the laws of this state, any
2617	2617	other state or the United States, except for any cannabis-related offenses or
2618	2618	any conviction that has been expunged;
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2662	2662	(2) has had a license issued under this act revoked for cause; or
2663	2663	(3) is less than 21 years of age.
2664	2664	(e) As a condition precedent to the issuance of a license to a
2665	2665	nonresident applicant, such applicant shall file with the secretary of state a
2666	2666	written irrevocable consent that any action or garnishment proceeding may
2667	2667	be commenced against such applicant in the proper court of any county in
2668	2668	this state in which the cause of action arises or in which the plaintiff
2669	2669	resides by the service of process on the resident agent specified in
2670	2670	subsection (d), and stipulating and agreeing that such service shall be
2671	2671	taken and held in all courts to be as valid and binding as if due service had
2672	2672	been made upon the applicant. The written consent shall state that the
2673	2673	courts of this state have jurisdiction over the person of such applicant and
2674	2674	are the proper and convenient forum for such action and shall waive the
2675	2675	right to request a change of jurisdiction or venue to a court outside this
2676	2676	state and that all actions arising under this act and commenced by the
2677	2677	applicant shall be brought in this state's courts as the proper and
2678	2678	convenient forum. Such consent shall be executed by the applicant and if a
2679	2679	corporation, by the president and secretary of the corporate applicant, and
2680	2680	shall be accompanied by a duly certified copy of the order or resolution of
2681	2681	the board of directors, trustees or managers authorizing the president and
2682	2682	secretary to execute such consent.
2683	2683	New Sec. 52. (a) Applications for a license shall be completed and
2684	2684	submitted to the director in such form and manner as prescribed by the
2685	2685	director. Each applicant shall submit an application fee of $25 for each
2686	2686	application or renewal application to defray the cost of processing the
2687	2687	application. Any license fee paid by an applicant shall be returned to the
2688	2688	applicant if the application is denied.
2689	2689	(b) Payment of all fees required to be paid pursuant to this section
2690	2690	may be made by personal, certified or cashier's check, United States post
2691	2691	office money order, debit or credit card or cash, or by electronic payment
2692	2692	authorized by the applicant in a manner prescribed by the director.
2693	2693	(c) All fees received by the director pursuant to this section shall be
2694	2694	remitted by the director to the state treasurer in accordance with the
2695	2695	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
2696	2696	each such remittance, the state treasurer shall deposit the entire amount in
2697	2697	the state treasury to the credit of the state general fund.
2698	2698	(d) The license fee shall be $50.
2699	2699	New Sec. 53. (a) Except as provided by subsection (b), within 30
2700	2700	days after an application is filed for a license, the director shall enter an
2701	2701	order either denying or granting such license. If the director does not enter
2702	2702	an order within the time prescribed, the license applied for shall be deemed
2703	2703	to have been denied. The director, with the written consent of the
2704	2704	applicant, may delay entering an order on an application for an additional
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2748	2748	period of not to exceed 30 days. A license shall be issued and renewed by
2749	2749	the director to qualified applicants upon written application, receipt of
2750	2750	bond properly executed and payment in advance of the application fee and
2751	2751	the required portion of the license fee.
2752	2752	(b) In order to complete any national criminal history record check of
2753	2753	an applicant, and if the applicant is not a resident of the state of Kansas on
2754	2754	the date of submission of such application or has not been a resident for at
2755	2755	least one year immediately preceding the date of submission of such
2756	2756	application, the director shall enter an order either denying or granting the
2757	2757	license within 90 days after such application is filed. If the director does
2758	2758	not enter an order within the time prescribed, the license applied for shall
2759	2759	be deemed to have been denied. The director, with the written consent of
2760	2760	the applicant, may delay entering an order on an application for an
2761	2761	additional period of not to exceed 30 days.
2762	2762	New Sec. 54. (a) A license shall apply only to the premises described
2763	2763	in the application and in the license issued. Only one location shall be
2764	2764	described in each license. After such license has been granted for such
2765	2765	premises, the director may endorse such license with the permission to
2766	2766	abandon such premises. To obtain such permission the licensee shall file a
2767	2767	written request for such permission with the director that includes a
2768	2768	statement under oath that the new premises to be specified on the license is
2769	2769	in compliance with the requirements of this act. No such change in
2770	2770	premises shall be made by any licensee until such license has been
2771	2771	endorsed to that effect in writing by the director.
2772	2772	(b) Each licensee shall cause such license to be framed and displayed
2773	2773	in plain view in a conspicuous location on the licensed premises.
2774	2774	New Sec. 55. (a) The license term for a license shall commence on
2775	2775	the effective date as specified on the license and shall end two years after
2776	2776	that date unless sooner suspended, involuntarily canceled or revoked. The
2777	2777	director may, at the director's sole discretion and after examination of the
2778	2778	circumstances, extend the license term of any license for not more than 30
2779	2779	days beyond the date such license would expire pursuant to this section.
2780	2780	(b) A license shall be purely a personal privilege and shall not: (1)
2781	2781	Constitute property; (2) be subject to attachment, garnishment or
2782	2782	execution; (3) be alienable or transferable, voluntarily or involuntarily; or
2783	2783	(4) be subject to being encumbered or hypothecated. A license shall not
2784	2784	descend by the laws of testate or intestate devolution but shall cease and
2785	2785	expire upon the death of the licensee, except that executors, administrators
2786	2786	or representatives of the estate of any deceased licensee and the trustee of
2787	2787	any insolvent or bankrupt licensee, when such estate consists in part of
2788	2788	cannabidiol products, may continue the business of the sale of cannabidiol
2789	2789	products under order of the appropriate court and may exercise the
2790	2790	privilege of the deceased, insolvent or bankrupt licensee after the death of
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2834	2834	such decedent, or after such insolvency or bankruptcy, until the expiration
2835	2835	of such license but not longer than one year after the death, bankruptcy or
2836	2836	insolvency of such licensee.
2837	2837	(c) When the licensee pays the full amount of the license fee upon
2838	2838	application and is prevented from operating under such license in
2839	2839	accordance with the provisions of this act for the entire second year of the
2840	2840	license term, a refund shall be made of
2841	2841	1
2842	2842	/2 of the license fee paid by such
2843	2843	licensee. The secretary of revenue may adopt rules and regulations that
2844	2844	provide for the authorization of refunds of
2845	2845	1
2846	2846	/2 of the license fee paid when
2847	2847	the licensee does not use such license for the entire second year of the
2848	2848	license term as a result of the cancellation of the license upon the request
2849	2849	of the licensee for voluntary reasons.
2850	2850	(d) Any licensee may renew such license at the expiration thereof if
2851	2851	such licensee is qualified to receive a license and the premises for which
2852	2852	such renewal license is sought are suitable for such purpose.
2853	2853	New Sec. 56. (a) The director shall propose rules and regulations as
2854	2854	necessary to develop acceptable testing and research practices in
2855	2855	consultation with the laboratory the director has contracted with under
2856	2856	section 27, and amendments thereto, including, but not limited to, testing,
2857	2857	standards, quality control analysis, equipment certification and calibration
2858	2858	and chemical identification and substances used in bona fide research
2859	2859	methods.
2860	2860	(b) The director shall recommend rules and regulations for laboratory
2861	2861	testing performed under this act concerning:
2862	2862	(1) The cleanliness and orderliness of the premises of a laboratory
2863	2863	facility and the establishing of such facilities in secure locations;
2864	2864	(2) the inspection, cleaning and maintenance of any equipment or
2865	2865	utensils used for the analysis of test samples;
2866	2866	(3) testing procedures and standards for cannabinoid and terpenoid
2867	2867	potency and safe levels of contaminants and appropriate remediation and
2868	2868	validation procedures;
2869	2869	(4) controlled access areas for storage of cannabidiol product test
2870	2870	samples, cannabidiol waste and reference standards;
2871	2871	(5) records to be retained and computer systems to be utilized by the
2872	2872	laboratory facility;
2873	2873	(6) the possession, storage and use by the laboratory facility of
2874	2874	reagents, solutions and reference standards;
2875	2875	(7) a certificate of analysis for each lot of reference standard;
2876	2876	(8) the transport and disposal of unused cannabidiol products and
2877	2877	waste;
2878	2878	(9) the mandatory use by a laboratory facility of an inventory tracking
2879	2879	system to ensure all test harvest and production batches or samples
2880	2880	containing cannabidiol products are identified and tracked from the point
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2924	2924	where such batches or samples are transferred from a retailer through the
2925	2925	point of transfer, destruction or disposal. The inventory tracking system
2926	2926	reporting shall include the results of any tests that are conducted;
2927	2927	(10) the employment of laboratory personnel;
2928	2928	(11) a written standard operating procedure manual to be maintained
2929	2929	and updated by the laboratory facility;
2930	2930	(12) the successful participation in a proficiency testing program
2931	2931	approved by the director for conducting testing in order to obtain and
2932	2932	maintain certification;
2933	2933	(13) the establishment of and adherence to a quality assurance and
2934	2934	quality control program to ensure sufficient monitoring of laboratory
2935	2935	processes and the quality of results reported;
2936	2936	(14) the immediate recall of cannabidiol products that test above
2937	2937	allowable thresholds or are otherwise determined to be unsafe;
2938	2938	(15) the establishment by the laboratory of a system to document the
2939	2939	complete chain of custody for samples from receipt through disposal;
2940	2940	(16) the establishment by the laboratory facility of a system to retain
2941	2941	and maintain all required records, including business records, and
2942	2942	processes to ensure results are reported in a timely and accurate manner;
2943	2943	and
2944	2944	(17) any other aspect of laboratory testing of cannabidiol products
2945	2945	deemed necessary by the director.
2946	2946	New Sec. 57. (a) The director shall approve one or more laboratory
2947	2947	facilities for the testing of cannabidiol products in accordance with this
2948	2948	act.
2949	2949	(b) A laboratory facility shall:
2950	2950	(1) Not be owned by a person who is a direct or indirect beneficial
2951	2951	owner of a retailer;
2952	2952	(2) comply with all applicable local ordinances, including, but not
2953	2953	limited to, any zoning, occupancy, licensing and building codes;
2954	2954	(3) establish policies to prevent the existence or appearance of undue
2955	2955	commercial, financial or other influences that diminish, or have the effect
2956	2956	of diminishing the public confidence in, the competency, impartiality and
2957	2957	integrity of the testing processes or results of such laboratory. Such
2958	2958	policies shall prohibit employees, owners or agents of a laboratory who
2959	2959	participate in any aspect of the analysis and results of a sample from
2960	2960	improperly influencing the testing process, manipulating data or benefiting
2961	2961	from any ongoing financial, employment, personal or business relationship
2962	2962	with the licensee that submitted the sample for testing;
2963	2963	(4) not test samples for any retailer in which an owner, employee or
2964	2964	agent of the laboratory facility has any form of ownership or financial
2965	2965	interest in such retailer that submitted the sample for testing;
2966	2966	(5) promptly provide the director access to:
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3010	3010	(A) A report of a test and any underlying data that is conducted on a
3011	3011	sample; and
3012	3012	(B) laboratory premises and to any material or information requested
3013	3013	by the director to determine compliance with the requirements of this
3014	3014	section;
3015	3015	(6) retain all results of laboratory tests conducted on cannabidiol
3016	3016	products for a period of at least two years and make such results available
3017	3017	to the director upon request;
3018	3018	(7) establish standards, policies and procedures for laboratory testing
3019	3019	procedures;
3020	3020	(8) (A) test samples from each harvest batch or product batch, as
3021	3021	appropriate, of cannabidiol product for each of the following categories of
3022	3022	testing, consistent with standards developed by the director:
3023	3023	(i) Microbials;
3024	3024	(ii) mycotoxins;
3025	3025	(iii) residual solvents;
3026	3026	(iv) pesticides;
3027	3027	(v) tetrahydrocannabinol and other cannabinoid potency;
3028	3028	(vi) terpenoid potency type and concentration;
3029	3029	(vii) moisture content;
3030	3030	(viii) homogeneity; and
3031	3031	(ix) heavy metals; and
3032	3032	(B) only accept a test batch of usable cannabidiol product for testing
3033	3033	purposes from a retailer that has separated each cannabidiol production lot
3034	3034	into production batches containing not more than 10 pounds.
3035	3035	(c) A laboratory facility may:
3036	3036	(1) Transfer samples to another laboratory facility for testing. All
3037	3037	laboratory reports provided to a retailer shall identify the laboratory
3038	3038	facility that performed the testing of the sample; and
3039	3039	(2) transport samples of cannabidiol product for testing between the
3040	3040	retailer requesting testing services and the laboratory facility performing
3041	3041	testing services.
3042	3042	(d) (1) A laboratory facility shall be inspected prior to initial approval
3043	3043	and up to six times annually by an inspector approved by the director. The
3044	3044	director may enter the laboratory facility to conduct investigations and
3045	3045	additional inspections when the director believes an investigation or
3046	3046	additional inspection is necessary due to a possible violation of this act.
3047	3047	(2) After January 1, 2025, accreditation by the national environmental
3048	3048	laboratory accreditation program, ANSI/ASQ national accreditation board
3049	3049	or another accrediting body approved by the director shall be required for
3050	3050	approval of a laboratory facility.
3051	3051	New Sec. 58. (a) All cannabidiol products sold at retail in this state
3052	3052	shall be from a batch of such product that has been tested in accordance
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3096	3096	with this act and any rules and regulations adopted pursuant thereto.
3097	3097	(b) A sample of each batch shall be submitted to an approved
3098	3098	laboratory facility for testing by either the manufacturer of such
3099	3099	cannabidiol product or the retailer. The laboratory facility shall certify
3100	3100	each batch that satisfies the definition of cannabidiol product under section
3101	3101	47, and amendments thereto, and any requirements of the director
3102	3102	regarding purity of the product. Any batch that is not certified shall be
3103	3103	destroyed or returned to the manufacturer.
3104	3104	New Sec. 59. (a) Cannabidiol products shall not be sold, conveyed or
3105	3105	otherwise transferred by a retailer to any individual who is less than 18
3106	3106	years of age.
3107	3107	(b) All cannabidiol products shall be sold in sealed, child-proof
3108	3108	packaging that is properly labeled in accordance with rules and regulations
3109	3109	adopted by the secretary. Such packaging shall not contain any words,
3110	3110	images, symbols or other markings that would make the cannabidiol
3111	3111	product appealing to minors.
3112	3112	(c) All cannabidiol products shall be tracked through an electronic
3113	3113	product tracking system approved by the director with each product label
3114	3114	containing a unique quick-response code or other unique identifier for easy
3115	3115	identification in the tracking system.
3116	3116	New Sec. 60. (a) Any citation issued by an agent of the division of
3117	3117	alcoholic beverage control for a violation of this act shall be delivered to
3118	3118	the licensee or a person in charge of the licensed premises at the time of
3119	3119	the alleged violation. A copy of such citation also shall be delivered by
3120	3120	United States mail to the licensee within 30 days of the alleged violation.
3121	3121	(b) Any duly authorized law enforcement officer who observes a
3122	3122	violation of this act may, after serving notice to the licensee or a person in
3123	3123	charge of the licensed premises, submit a report of such violation to the
3124	3124	division of alcoholic beverage control for review. Upon receipt of such
3125	3125	report, the director shall review the report and determine if administrative
3126	3126	action will be taken against the licensee. If the director determines that
3127	3127	administrative action will be taken, an administrative citation and notice of
3128	3128	administrative action shall be delivered by United States mail to the
3129	3129	licensee within 30 days of the date of the alleged violation.
3130	3130	(c) The notice required to be served to the licensee or a person in
3131	3131	charge of the licensed premises at the time of the alleged violation
3132	3132	pursuant to subsection (b) shall be in writing and shall contain the
3133	3133	following:
3134	3134	(1) The name of the licensee;
3135	3135	(2) the date and time of the alleged violation;
3136	3136	(3) a description of the alleged violation; and
3137	3137	(4) a statement that a report of the alleged violation will be submitted
3138	3138	to the division of alcoholic beverage control for review.
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3182	3182	(d) Any citations not issued in accordance with the provisions of this
3183	3183	section shall be void and unenforceable.
3184	3184	(e) For purposes of this section, "person in charge" means any
3185	3185	individual or employee present on the licensed premises at the time of the
3186	3186	alleged violation who is responsible for the operation of the licensed
3187	3187	premises. If no designated individual or employee is a person in charge,
3188	3188	then any employee present is the person in charge.
3189	3189	New Sec. 61. Any licensee who has been the subject of an operation
3190	3190	conducted by the division of alcoholic beverage control or any local law
3191	3191	enforcement agency to determine compliance with the provisions of laws
3192	3192	relating to the retail sale of cannabidiol products shall be issued a written
3193	3193	notice of compliance with such laws within 30 days of the date of such
3194	3194	operation.
3195	3195	New Sec. 62. (a) In addition to or in lieu of any other civil or criminal
3196	3196	penalty provided by law, the director, upon a finding that a licensee has
3197	3197	violated any provision of this act, may impose on such licensee a civil fine
3198	3198	not to exceed $1,000 for each violation.
3199	3199	(b) No fine shall be imposed pursuant to this section except upon the
3200	3200	written order of the director to the licensee who committed the violation.
3201	3201	Such order shall state the violation, the fine to be imposed and the right of
3202	3202	the licensee to appeal the order. Such order shall be subject to appeal and
3203	3203	review in accordance with the provisions of the Kansas administrative
3204	3204	procedure act and K.S.A. 41-321, and amendments thereto.
3205	3205	(c) Any fine imposed pursuant to this section shall be remitted to the
3206	3206	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
3207	3207	amendments thereto. Upon receipt of each such remittance, the state
3208	3208	treasurer shall deposit the entire amount in the state treasury to the credit
3209	3209	of the state general fund.
3210	3210	New Sec. 63. (a) The director may suspend, involuntarily cancel or
3211	3211	revoke any license issued pursuant to this act if the director determines
3212	3212	that:
3213	3213	(1) The licensee has:
3214	3214	(A) Fraudulently obtained the license by providing false information
3215	3215	on the application therefor, or at any hearing thereon;
3216	3216	(B) violated any of the provisions of the Kansas cannabidiol
3217	3217	regulation act, any rules or regulations adopted pursuant to such act or any
3218	3218	lawful order issued by the director; or
3219	3219	(C) become ineligible to obtain a license or permit under section 50,
3220	3220	and amendments thereto.
3221	3221	(2) the licensee or the licensee's spouse has been convicted of a
3222	3222	violation of the laws of any state or the laws of the United States relating
3223	3223	to controlled substances or has forfeited a bond to appear in court to
3224	3224	answer charges for any such violation within the 10 years immediately
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3268	3268	preceding the date of application for renewal of such license or the date of
3269	3269	revocation of such licensee.
3270	3270	(b) Except as provided in subsection (c), no license shall be
3271	3271	suspended, involuntarily canceled or revoked unless there is an
3272	3272	opportunity for a hearing before the director.
3273	3273	(c) When proceedings for the suspension, involuntary cancellation or
3274	3274	revocation of a license are filed and the licensee has been issued more than
3275	3275	one license for premises in this state, any order of the director suspending
3276	3276	or revoking the license at any one place of business shall suspend or
3277	3277	revoke all licenses issued to the distributor. When one person is the holder
3278	3278	of stock or an ownership interest in two or more corporations licensed
3279	3279	under the provisions of this act, any order of the director suspending or
3280	3280	revoking the license of any such corporation shall operate as a suspension
3281	3281	or revocation of the license of all corporation licensees of which the
3282	3282	person is a stockholder.
3283	3283	(d) Whenever the director denies an application for any license or
3284	3284	suspends, involuntarily cancels or revokes any license, the director shall
3285	3285	prepare an order so providing that shall be signed by the director, or the
3286	3286	director's designee, and the seal of the director shall be affixed thereto. The
3287	3287	order shall state the reason or reasons for the denial, suspension,
3288	3288	involuntary cancellation or revocation. The order shall be served in
3289	3289	accordance with the provisions of K.S.A. 77-531, and amendments
3290	3290	thereto.
3291	3291	(e) Notwithstanding any provision of the law to the contrary, the
3292	3292	secretary may designate the director to be the presiding officer in any
3293	3293	proceeding conducted pursuant to this section.
3294	3294	New Sec. 64. Notwithstanding the provisions of the Kansas
3295	3295	administrative procedure act governing the issuance of any written
3296	3296	administrative notice or order concerning the imposition of any proposed
3297	3297	civil fine or other penalty to be imposed for a violation of any of the
3298	3298	provisions of the Kansas cannabidiol regulation act, such notice or order
3299	3299	shall be issued not later than 90 days after the date that a citation for such
3300	3300	violation was issued.
3301	3301	New Sec. 65. (a) Any applicant or licensee aggrieved by any order of
3302	3302	the director may appeal from such order to the secretary by filing a notice
3303	3303	of appeal with the secretary. Such notice of appeal shall be either mailed to
3304	3304	the secretary by certified mail or filed with the secretary within 15 days
3305	3305	after service of the order being appealed or, if such appeal is taken because
3306	3306	the director has failed to enter the order on an application for a license,
3307	3307	within 15 days after the date that an application for a license is considered
3308	3308	to have been denied as provided in section 53, and amendments thereto.
3309	3309	The notice of appeal shall be filed in such form and manner as prescribed
3310	3310	by the secretary. Whenever any such notice of appeal is filed, the secretary
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3354	3354	shall notify, in writing, the director of such appeal.
3355	3355	(b) For the purpose of hearing or conducting any appeal authorized to
3356	3356	be heard by the secretary, the secretary shall have the power to:
3357	3357	(1) Examine or cause to be examined, under oath, any licensee, the
3358	3358	director or other person and to examine or cause to be examined books and
3359	3359	records of any such licensee;
3360	3360	(2) hear testimony and take proof material for such testimony's
3361	3361	information in hearing such appeal;
3362	3362	(3) administer or cause to be administered oaths; and
3363	3363	(4) issue subpoenas to require the attendance of witnesses and the
3364	3364	production of books that shall be effective in any part of this state.
3365	3365	(c) Any district court may, by order duly entered, require the
3366	3366	attendance of witnesses and the production of relevant books subpoenaed
3367	3367	by the secretary. The district court may compel obedience to the order by
3368	3368	proceedings for contempt.
3369	3369	(d) The provisions of the Kansas administrative procedure act shall
3370	3370	apply to all proceedings involving the following:
3371	3371	(1) Denial of an application for any license to be issued pursuant to
3372	3372	this act;
3373	3373	(2) suspension, involuntary cancellation or revocation of any such
3374	3374	license; and
3375	3375	(3) assessment of any civil fine pursuant to section 15, and
3376	3376	amendments thereto.
3377	3377	New Sec. 66. (a) The director shall propose such rules and
3378	3378	regulations as necessary to carry out the intent and purposes of this act.
3379	3379	After the hearing on a proposed rule and regulation has been held as
3380	3380	required by law, the director shall submit the proposed rule and regulation
3381	3381	to the secretary of revenue who, if the secretary approves it, shall adopt the
3382	3382	rule and regulation.
3383	3383	(b) It is intended by this act that the director of alcoholic beverage
3384	3384	control shall have broad discretionary powers to govern the retail sale of
3385	3385	cannabidiol products and to strictly enforce all the provisions of this act in
3386	3386	the interest of sanitation, purity of products, truthful representation and
3387	3387	honest dealings in such manner as generally will promote the public health
3388	3388	and welfare. All valid rules and regulations adopted under the provisions
3389	3389	of this act shall be absolutely binding upon all licensees and enforceable
3390	3390	by the director of alcoholic beverage control through the power of
3391	3391	suspension, involuntary cancellation or revocation of licenses.
3392	3392	(c) The rules and regulations adopted by the secretary of revenue
3393	3393	shall include:
3394	3394	(1) Prescribing the nature, form and capacity of all cannabidiol
3395	3395	products for sale at retail;
3396	3396	(2) prescribing the nature of and the representations to be shown on
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3440	3440	the labels attached to any cannabidiol products and requiring that such
3441	3441	labels shall set forth in plain and legible print in the English language the
3442	3442	concentration of tetrahydocannabinol in such cannabidiol product;
3443	3443	(3) prescribing administrative procedures for the issuance of licenses
3444	3444	and the investigation of license applications;
3445	3445	(4) prescribing conditions for the issuance of duplicate licenses in lieu
3446	3446	of those lost or destroyed;
3447	3447	(5) prescribing those violations of the rules and regulations for which
3448	3448	licenses shall be suspended, involuntarily canceled or revoked;
3449	3449	(6) establishing standards of purity, sanitation and honest advertising
3450	3450	and representations;
3451	3451	(7) establishing standards for testing cannabidiol products for
3452	3452	tetrahydrocannabinol concentration and any impurities in such products;
3453	3453	and
3454	3454	(8) providing for such other details as are necessary or convenient to
3455	3455	the administration and enforcement of this act.
3456	3456	New Sec. 67. If any provision of the Kansas cannabidiol regulation
3457	3457	act, or its application to any person or circumstance, is determined by a
3458	3458	court to be invalid or unconstitutional, the remaining provisions shall be
3459	3459	construed in accordance with the intent of the legislature to further limit
3460	3460	rather than to expand commerce in cannabidiol products and to enhance
3461	3461	strict regulatory control over the retail sale of cannabidiol products
3462	3462	through the licensure regulatory system imposed by the Kansas
3463	3463	cannabidiol regulation act upon all cannabidiol products.
3464	3464	New Sec. 68. (a) A covered entity, solely on the basis that an
3465	3465	individual consumes medical cannabis in accordance with the provisions
3466	3466	of the Kansas medical cannabis act, section 1 et seq., and amendments
3467	3467	thereto, shall not:
3468	3468	(1) Consider such individual ineligible to receive an anatomical gift
3469	3469	or organ transplant;
3470	3470	(2) deny medical and other services related to organ transplantation,
3471	3471	including evaluation, surgery, counseling and post-transplantation
3472	3472	treatment and services;
3473	3473	(3) refuse to refer the individual to a transplant center or a related
3474	3474	specialist for the purpose of evaluation or receipt of an organ transplant;
3475	3475	(4) refuse to place such individual on an organ transplant waiting list;
3476	3476	or
3477	3477	(5) place such individual at a lower-priority position on an organ
3478	3478	transplant waiting list than the position at which such individual would
3479	3479	have been placed if not for such individual's consumption of medical
3480	3480	cannabis.
3481	3481	(b) A covered entity may take into account an individual's
3482	3482	consumption of medical cannabis when making treatment or coverage
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3526	3526	recommendations or decisions, solely to the extent that such consumption
3527	3527	has been found by a physician, following an individualized evaluation of
3528	3528	the individual, to be medically significant to the provision of the
3529	3529	anatomical gift.
3530	3530	(c) Nothing in this section shall be construed to require a covered
3531	3531	entity to make a referral or recommendation for or perform a medically
3532	3532	inappropriate organ transplant.
3533	3533	(d) As used in this section:
3534	3534	(1) The terms "anatomical gift," "covered entity" and "organ
3535	3535	transplant" mean the same as such terms are defined in K.S.A. 65-3276,
3536	3536	and amendments thereto; and
3537	3537	(2) the term "medical cannabis" means the same as defined in section
3538	3538	2, and amendments thereto.
3539	3539	New Sec. 69. (a) No order shall be issued pursuant to K.S.A. 38-
3540	3540	2242, 38-2243 or 38-2244, and amendments thereto, if the sole basis for
3541	3541	the threat to the child's safety or welfare is that the child resides with an
3542	3542	individual who consumes medical cannabis in accordance with the
3543	3543	provisions of the Kansas medical cannabis act, section 1 et seq., and
3544	3544	amendments thereto, or the child consumes medical cannabis in
3545	3545	accordance with such act.
3546	3546	(b) This section shall be a part of and supplemental to the revised
3547	3547	Kansas code for care of children.
3548	3548	New Sec. 70. (a) Notwithstanding any other provision of law, any
3549	3549	person, board, commission or similar body that determines the
3550	3550	qualifications of individuals for licensure, certification or registration shall
3551	3551	not disqualify an individual from licensure, certification or registration
3552	3552	solely because such individual consumes medical cannabis in accordance
3553	3553	with the Kansas medical cannabis act, section 1 et seq., and amendments
3554	3554	thereto.
3555	3555	(b) The provisions of this section shall not apply to the:
3556	3556	(1) Kansas commission on peace officers' standards and training;
3557	3557	(2) Kansas highway patrol;
3558	3558	(3) office of the attorney general;
3559	3559	(4) department of health and environment; or
3560	3560	(5) division of alcoholic beverage control.
3561	3561	New Sec. 71. (a) Subject to the provisions of K.S.A. 44-1018, and
3562	3562	amendments thereto, it shall be unlawful for any person:
3563	3563	(1) To refuse to sell or rent after the making of a bona fide offer, to
3564	3564	fail to transmit a bona fide offer or refuse to negotiate in good faith for the
3565	3565	sale or rental of, or otherwise make unavailable or deny, real property to
3566	3566	any person because such person consumes medical cannabis in accordance
3567	3567	with the provisions of the Kansas medical cannabis act, section 1 et seq.,
3568	3568	and amendments thereto;
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3612	3612	(2) to discriminate against any person in the terms, conditions or
3613	3613	privileges of sale or rental of real property, or in the provision of services
3614	3614	or facilities in connection therewith, because such person consumes
3615	3615	medical cannabis in accordance with the provisions of the Kansas medical
3616	3616	cannabis act, section 1 et seq., and amendments thereto; and
3617	3617	(3) to discriminate against any person in such person's use or
3618	3618	occupancy of real property because such person associates with another
3619	3619	person who consumes medical cannabis in accordance with the provisions
3620	3620	of the Kansas medical cannabis act, section 1 et seq., and amendments
3621	3621	thereto.
3622	3622	(b) (1) It shall be unlawful for any person or other entity whose
3623	3623	business includes engaging in real estate-related transactions to
3624	3624	discriminate against any person in making available such a transaction, or
3625	3625	in the terms or conditions of such a transaction, because such person or
3626	3626	any person associated with such person in connection with any real estate
3627	3627	related transaction consumes medical cannabis in accordance with the
3628	3628	provisions of the Kansas medical cannabis act, section 1 et seq., and
3629	3629	amendments thereto.
3630	3630	(2) Nothing in this subsection prohibits a person engaged in the
3631	3631	business of furnishing appraisals of real property to take into consideration
3632	3632	factors other than an individual's consumption of medical cannabis in
3633	3633	accordance with the provisions of the Kansas medical cannabis act, section
3634	3634	1 et seq., and amendments thereto.
3635	3635	(3) As used in this subsection, "real estate related transaction" means
3636	3636	the same as that term is defined in K.S.A. 44-1017, and amendments
3637	3637	thereto.
3638	3638	(c) It shall be unlawful to coerce, intimidate, threaten or interfere with
3639	3639	any person in the exercise or enjoyment of, or on account of such person's
3640	3640	having exercised or enjoyed, or on account of such person's having aided
3641	3641	or encouraged any other person in the exercise or enjoyment of, any right
3642	3642	granted or protected by subsection (a) or (b).
3643	3643	(d) Nothing in this section shall be construed to prohibit a person
3644	3644	from taking any action necessary to procure or retain any monetary benefit
3645	3645	provided under federal law, or any rules and regulations adopted
3646	3646	thereunder, or to obtain or maintain any license, certificate, registration or
3647	3647	other legal status issued or bestowed under federal law, or any rules and
3648	3648	regulations adopted thereunder.
3649	3649	(e) The provisions of this section shall be a part of and supplemental
3650	3650	to the Kansas act against discrimination.
3651	3651	New Sec. 72. (a) Any individual or group health insurance policy,
3652	3652	medical service plan, contract, hospital service corporation contract,
3653	3653	hospital and medical service corporation contract, fraternal benefit society
3654	3654	or health maintenance organization, municipal group-funded pool and the
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3698	3698	state employee healthcare benefits plan shall not exclude coverage for an
3699	3699	insured individual solely on the basis that such insured individual
3700	3700	purchases, possesses or consumes medical cannabis in accordance with the
3701	3701	provisions of the Kansas medical cannabis act, section 1 et seq., and
3702	3702	amendments thereto.
3703	3703	(b) No health insurance exchange established within this state or any
3704	3704	health insurance exchange administered by the federal government or its
3705	3705	agencies within this state shall exclude from coverage an insured
3706	3706	individual solely on the basis that such insured individual purchases,
3707	3707	possesses or consumes medical cannabis in accordance with the provisions
3708	3708	of the Kansas medical cannabis act, section 1 et seq., and amendments
3709	3709	thereto.
3710	3710	(c) Nothing in this section shall be construed to prohibit a person
3711	3711	from taking any action necessary to procure or retain any monetary benefit
3712	3712	provided under federal law, or any rules and regulations adopted
3713	3713	thereunder, or to obtain or maintain any license, certificate, registration or
3714	3714	other legal status issued or bestowed under federal law, or any rules and
3715	3715	regulations adopted thereunder.
3716	3716	Sec. 73. K.S.A. 2-3901 is hereby amended to read as follows: 2-3901.
3717	3717	(a) K.S.A. 2-3901 et seq., and amendments thereto, shall be known and
3718	3718	may be cited as the commercial industrial hemp act.
3719	3719	(b) As used in the commercial industrial hemp act:
3720	3720	(1) "Commercial" means the cultivation or production of industrial
3721	3721	hemp for any purpose authorized under K.S.A 2-3906, and amendments
3722	3722	thereto.
3723	3723	(2) "Delta-9 tetrahydrocannabinol concentration" means the
3724	3724	combined total percentage of delta-9 tetrahydrocannabinol and its optical
3725	3725	isomers, their salts and acids, and salts of their acids, reported as free
3726	3726	THC:
3727	3727	(A) On a dry weight basis, of any part of the plant cannabis sativa L.;
3728	3728	or
3729	3729	(B) on a percentage by weight basis in hemp products, waste or
3730	3730	substances resulting from the production or processing of industrial hemp.
3731	3731	(3) "Effective disposal" includes, but is not limited to:
3732	3732	(A) Destruction; or
3733	3733	(B) any other method of disposing of industrial hemp or hemp
3734	3734	products found to be in violation of this act that is permitted under the
3735	3735	provisions of 7 U.S.C. § 1621 et seq. and any rules and regulations
3736	3736	adopted thereunder.
3737	3737	(4) "Hemp products" means all products made from industrial hemp,
3738	3738	including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper,
3739	3739	particleboard, plastics, seed, seed meal and seed oil for consumption and
3740	3740	any extract from industrial hemp intended for further processing. Final
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3784	3784	"hemp products" may contain a tetrahydrocannabinol concentration of not
3785	3785	more than 0.3%. As used in this paragraph, "tetrahydrocannabinol
3786	3786	concentration" means the same as in K.S.A. 65-6235(b)(3), and
3787	3787	amendments thereto.
3788	3788	(5) "Hemp producer" means any individual, licensed or otherwise,
3789	3789	engaging in the cultivation or production of industrial hemp for
3790	3790	commercial purposes pursuant to K.S.A. 2-3906, and amendments thereto.
3791	3791	(6) "Hemp processor" means a person registered under K.S.A. 2-
3792	3792	3907, and amendments thereto, to process and manufacture industrial
3793	3793	hemp and hemp products.
3794	3794	(7) "Industrial hemp" means all parts and varieties of the plant
3795	3795	cannabis sativa L., whether growing or not, that contain a delta-9
3796	3796	tetrahydrocannabinol concentration of not more than 0.3% on a dry weight
3797	3797	basis.
3798	3798	(8) "Person" means an individual, corporation, partnership,
3799	3799	association, joint stock company, trust, unincorporated organization or any
3800	3800	similar entity or any combination of the foregoing acting in concert.
3801	3801	(9) "State educational institution" means the university of Kansas,
3802	3802	Kansas state university, Wichita state university, Emporia state university,
3803	3803	Pittsburg state university, Fort Hays state university, or any other
3804	3804	accredited college, university, technical college or community college
3805	3805	within Kansas.
3806	3806	(10) "Authorized seed or clone plants" means a source of industrial
3807	3807	hemp seeds or clone plants that:
3808	3808	(A) Has been certified by a certifying agency, as defined by K.S.A. 2-
3809	3809	1415, and amendments thereto;
3810	3810	(B) has been produced from plants that were tested during the active
3811	3811	growing season and were found to produce industrial hemp having a
3812	3812	tetrahydrocannabinol concentration that does not exceed 0.3% on a dry
3813	3813	weight basis and has been certified in writing by the grower or distributor
3814	3814	of such seeds or clone plants to possess such qualities; or
3815	3815	(C) meets any other authorized standards approved by the Kansas
3816	3816	department of agriculture through rules and regulations, except that no
3817	3817	seed or clone plants shall be considered authorized seed or clone plants if
3818	3818	they do not meet any standard adopted by the United States department of
3819	3819	agriculture pursuant to 7 U.S.C. § 1621 et seq., and amendments thereto.
3820	3820	Sec. 74. K.S.A. 8-1567 is hereby amended to read as follows: 8-1567.
3821	3821	(a) Driving under the influence is operating or attempting to operate any
3822	3822	vehicle within this state while:
3823	3823	(1) The alcohol concentration in the person's blood or breath as
3824	3824	shown by any competent evidence, including other competent evidence, as
3825	3825	defined in K.S.A. 8-1013(f)(1), and amendments thereto, is 0.08 or more;
3826	3826	(2) the alcohol concentration in the person's blood or breath, as
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3870	3870	measured within three hours of the time of operating or attempting to
3871	3871	operate a vehicle, is 0.08 or more;
3872	3872	(3) under the influence of alcohol to a degree that renders the person
3873	3873	incapable of safely driving a vehicle;
3874	3874	(4) under the influence of any drug or combination of drugs to a
3875	3875	degree that renders the person incapable of safely driving a vehicle; or
3876	3876	(5) under the influence of a combination of alcohol and any drug or
3877	3877	drugs to a degree that renders the person incapable of safely driving a
3878	3878	vehicle.
3879	3879	(b) (1) Driving under the influence is:
3880	3880	(A) On a first conviction, a class B, nonperson misdemeanor. The
3881	3881	person convicted shall be sentenced to not less than 48 consecutive hours
3882	3882	nor more than six months' imprisonment, or in the court's discretion 100
3883	3883	hours of public service, and fined not less than $750 nor more than $1,000;
3884	3884	(B) on a second conviction, a class A, nonperson misdemeanor. The
3885	3885	person convicted shall be sentenced to not less than 90 days nor more than
3886	3886	one year's imprisonment and fined not less than $1,250 nor more than
3887	3887	$1,750. The following conditions shall apply to such sentence:
3888	3888	(i) As a condition of any probation granted under this subsection, the
3889	3889	person shall serve at least 120 hours of confinement. The hours of
3890	3890	confinement shall include at least 48 hours of imprisonment and otherwise
3891	3891	may be served by a combination of: Imprisonment; a work release
3892	3892	program, if such work release program requires such person to return to
3893	3893	the confinement at the end of each day in the work release program; or a
3894	3894	house arrest program pursuant to K.S.A. 21-6609, and amendments
3895	3895	thereto;
3896	3896	(ii) (a) if the person is placed into a work release program or placed
3897	3897	under a house arrest program for any portion of the minimum of 120 hours
3898	3898	of confinement mandated by this subsection, the person shall receive hour-
3899	3899	for-hour credit for time served in such program until the minimum
3900	3900	sentence is met. If the person is placed into a work release program or
3901	3901	placed under a house arrest program for more than the minimum of 120
3902	3902	hours of confinement mandated by this subsection, the person shall receive
3903	3903	hour-for-hour credit for time served in such program until the minimum of
3904	3904	120 hours of confinement is completed, and thereafter, the person shall
3905	3905	receive day-for-day credit for time served in such program unless
3906	3906	otherwise ordered by the court; and
3907	3907	(b) when in a work release program, the person shall only be given
3908	3908	credit for the time served in confinement at the end of and continuing to
3909	3909	the beginning of the person's work day. When under a house arrest
3910	3910	program, the person shall be monitored by an electronic monitoring device
3911	3911	that verifies the person's location and shall only be given credit for the
3912	3912	time served within the boundaries of the person's residence;
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3956	3956	(C) on a third conviction, a class A, nonperson misdemeanor, except
3957	3957	as provided in subsection (b)(1)(D). The person convicted shall be
3958	3958	sentenced to not less than 90 days nor more than one year's imprisonment
3959	3959	and fined not less than $1,750 nor more than $2,500. The following
3960	3960	conditions shall apply to such sentence:
3961	3961	(i) As a condition of any probation granted under this subsection, the
3962	3962	person shall serve at least 30 days of confinement. After at least 48
3963	3963	consecutive hours of imprisonment, the remainder of the period of
3964	3964	confinement may be served by a combination of: Imprisonment; a work
3965	3965	release program, if such work release program requires such person to
3966	3966	return to the confinement at the end of each day in the work release
3967	3967	program; or a house arrest program pursuant to K.S.A. 21-6609, and
3968	3968	amendments thereto; and
3969	3969	(ii) (a) if the person is placed into a work release program or placed
3970	3970	under a house arrest program for any portion of the minimum of 30 days
3971	3971	of confinement mandated by this subsection, the person shall receive hour-
3972	3972	for-hour credit for time served in such program for the first 240 hours of
3973	3973	confinement, and thereafter, the person shall receive day-for-day credit for
3974	3974	time served in such program unless otherwise ordered by the court; and
3975	3975	(b) when in a work release program, the person shall only be given
3976	3976	credit for the time served in confinement at the end of and continuing to
3977	3977	the beginning of the person's work day. When under a house arrest
3978	3978	program, the person shall be monitored by an electronic monitoring device
3979	3979	that verifies the person's location and shall only be given credit for the
3980	3980	time served within the boundaries of the person's residence;
3981	3981	(D) on a third conviction, a severity level 6, nonperson felony if the
3982	3982	person has a prior conviction which occurred within the preceding 10
3983	3983	years, not including any period of incarceration. The following conditions
3984	3984	shall apply to such sentence:
3985	3985	(i) As a condition of any probation granted under this subsection, the
3986	3986	person shall serve at least 30 days of confinement. After at least 48
3987	3987	consecutive hours of imprisonment, the remainder of the period of
3988	3988	confinement may be served by a combination of: Imprisonment; a work
3989	3989	release program, if such work release program requires such person to
3990	3990	return to the confinement at the end of each day in the work release
3991	3991	program; or a house arrest program pursuant to K.S.A. 21-6609, and
3992	3992	amendments thereto; and
3993	3993	(ii) (a) if the person is placed into a work release program or placed
3994	3994	under a house arrest program for any portion of the minimum of 30 days
3995	3995	of confinement mandated by this subsection, the person shall receive hour-
3996	3996	for-hour credit for time served in such program for the first 240 hours of
3997	3997	confinement, and thereafter, the person shall receive day-for-day credit for
3998	3998	time served in such program unless otherwise ordered by the court; and
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4041	4041	43 SB 558 48
4042	4042	(b) when in a work release program, the person shall only be given
4043	4043	credit for the time served in confinement at the end of and continuing to
4044	4044	the beginning of the person's work day. When under a house arrest
4045	4045	program, the person shall be monitored by an electronic monitoring device
4046	4046	that verifies the person's location and shall only be given credit for the
4047	4047	time served within the boundaries of the person's residence; and
4048	4048	(E) on a fourth or subsequent conviction, a severity level 6,
4049	4049	nonperson felony. The following conditions shall apply to such sentence:
4050	4050	(i) As a condition of any probation granted under this subsection, the
4051	4051	person shall serve at least 30 days of confinement. After at least 48
4052	4052	consecutive hours of imprisonment, the remainder of the period of
4053	4053	confinement may be served by a combination of: Imprisonment; a work
4054	4054	release program, if such work release program requires such person to
4055	4055	return to the confinement at the end of each day in the work release
4056	4056	program; or a house arrest program pursuant to K.S.A. 21-6609, and
4057	4057	amendments thereto; and
4058	4058	(ii) (a) if the person is placed into a work release program or placed
4059	4059	under a house arrest program for any portion of the minimum of 30 days
4060	4060	of confinement mandated by this subsection, the person shall receive hour-
4061	4061	for-hour credit for time served in such program for the first 240 hours of
4062	4062	confinement, and thereafter, the person shall receive day-for-day credit for
4063	4063	time served in such program unless otherwise ordered by the court; and
4064	4064	(b) when in a work release program, the person shall only be given
4065	4065	credit for the time served in confinement at the end of and continuing to
4066	4066	the beginning of the person's work day. When under a house arrest
4067	4067	program, the person shall be monitored by an electronic monitoring device
4068	4068	that verifies the person's location and shall only be given credit for the
4069	4069	time served within the boundaries of the person's residence.
4070	4070	(2) The court may order that the term of imprisonment imposed
4071	4071	pursuant to subsection (b)(1)(D) or (b)(1)(E) be served in a state facility in
4072	4072	the custody of the secretary of corrections in a facility designated by the
4073	4073	secretary for the provision of substance abuse treatment pursuant to the
4074	4074	provisions of K.S.A. 21-6804, and amendments thereto. The secretary of
4075	4075	corrections may refuse to admit the person to the designated facility and
4076	4076	place the person in a different state facility, or admit the person and
4077	4077	subsequently transfer the person to a different state facility, if the secretary
4078	4078	determines: (A) That substance abuse treatment resources or the capacity
4079	4079	of the facility designated by the secretary for the incarceration and
4080	4080	treatment of the person is not available; (B) the person has failed to
4081	4081	meaningfully participate in the treatment program of the designated
4082	4082	facility; (C) the person is disruptive to the security or operation of the
4083	4083	designated facility; or (D) the medical or mental health condition of the
4084	4084	person renders the person unsuitable for confinement at the designated
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4126	4126	42
4127	4127	43 SB 558 49
4128	4128	facility. The determination by the secretary that the person either is not to
4129	4129	be admitted into the designated facility or is to be transferred from the
4130	4130	designated facility is not subject to review.
4131	4131	(3) In addition, for any conviction pursuant to subsection (b)(1)(C), at
4132	4132	the time of the filing of the judgment form or journal entry as required by
4133	4133	K.S.A. 22-3426 or K.S.A. 21-6711, and amendments thereto, the court
4134	4134	shall cause a certified copy to be sent to the officer having the offender in
4135	4135	charge. The court shall determine whether the offender, upon release from
4136	4136	imprisonment, shall be supervised by community correctional services or
4137	4137	court services based upon the risk and needs of the offender. The risk and
4138	4138	needs of the offender shall be determined by use of a risk assessment tool
4139	4139	specified by the Kansas sentencing commission. The law enforcement
4140	4140	agency maintaining custody and control of a defendant for imprisonment
4141	4141	shall cause a certified copy of the judgment form or journal entry to be
4142	4142	sent to the supervision office designated by the court and upon expiration
4143	4143	of the term of imprisonment shall deliver the defendant to a location
4144	4144	designated by the supervision office designated by the court. After the term
4145	4145	of imprisonment imposed by the court, the person shall be placed on
4146	4146	supervision to community correctional services or court services, as
4147	4147	determined by the court, for a mandatory one-year period of supervision,
4148	4148	which such period of supervision shall not be reduced. During such
4149	4149	supervision, the person shall be required to participate in a
4150	4150	multidisciplinary model of services for substance use disorders facilitated
4151	4151	by a Kansas department for aging and disability services designated care
4152	4152	coordination agency to include assessment and, if appropriate, referral to a
4153	4153	community based substance use disorder treatment including recovery
4154	4154	management and mental health counseling as needed. The
4155	4155	multidisciplinary team shall include the designated care coordination
4156	4156	agency, the supervision officer, the Kansas department for aging and
4157	4157	disability services designated treatment provider and the offender. An
4158	4158	offender for whom a warrant has been issued by the court alleging a
4159	4159	violation of this supervision shall be considered a fugitive from justice if it
4160	4160	is found that the warrant cannot be served. If it is found the offender has
4161	4161	violated the provisions of this supervision, the court shall determine
4162	4162	whether the time from the issuing of the warrant to the date of the court's
4163	4163	determination of an alleged violation, or any part of it, shall be counted as
4164	4164	time served on supervision. Any violation of the conditions of such
4165	4165	supervision may subject such person to revocation of supervision and
4166	4166	imprisonment in jail for the remainder of the period of imprisonment, the
4167	4167	remainder of the supervision period, or any combination or portion
4168	4168	thereof. The term of supervision may be extended at the court's discretion
4169	4169	beyond one year, and any violation of the conditions of such extended term
4170	4170	of supervision may subject such person to the revocation of supervision
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4213	4213	43 SB 558 50
4214	4214	and imprisonment in jail of up to the remainder of the original sentence,
4215	4215	not the term of the extended supervision.
4216	4216	(4) In addition, prior to sentencing for any conviction pursuant to
4217	4217	subsection (b)(1)(A) or (b)(1)(B), the court shall order the person to
4218	4218	participate in an alcohol and drug evaluation conducted by a provider in
4219	4219	accordance with K.S.A. 8-1008, and amendments thereto. The person shall
4220	4220	be required to follow any recommendation made by the provider after such
4221	4221	evaluation, unless otherwise ordered by the court.
4222	4222	(c) Any person 18 years of age or older convicted of violating this
4223	4223	section or an ordinance which prohibits the acts that this section prohibits
4224	4224	who had one or more children under the age of 18 years in the vehicle at
4225	4225	the time of the offense shall have such person's punishment enhanced by
4226	4226	one month of imprisonment. This imprisonment must be served
4227	4227	consecutively to any other minimum mandatory penalty imposed for a
4228	4228	violation of this section or an ordinance which prohibits the acts that this
4229	4229	section prohibits. Any enhanced penalty imposed shall not exceed the
4230	4230	maximum sentence allowable by law. During the service of the enhanced
4231	4231	penalty, the judge may order the person on house arrest, work release or
4232	4232	other conditional release.
4233	4233	(d) (1) If a person is charged with a violation of subsection (a)(4) or
4234	4234	(a)(5), the fact that the person is or has been entitled to use the drug under
4235	4235	the laws of this state shall not constitute a defense against the charge.
4236	4236	(2) The fact that a person tests positive for the presence of cannabis
4237	4237	metabolites shall not constitute a violation of subsection (a)(4) or (a)(5).
4238	4238	(e) The court may establish the terms and time for payment of any
4239	4239	fines, fees, assessments and costs imposed pursuant to this section. Any
4240	4240	assessment and costs shall be required to be paid not later than 90 days
4241	4241	after imposed, and any remainder of the fine shall be paid prior to the final
4242	4242	release of the defendant by the court.
4243	4243	(f) (1) In lieu of payment of a fine imposed pursuant to this section,
4244	4244	the court may order that the person perform community service specified
4245	4245	by the court. The person shall receive a credit on the fine imposed in an
4246	4246	amount equal to $5 for each full hour spent by the person in the specified
4247	4247	community service. The community service ordered by the court shall be
4248	4248	required to be performed not later than one year after the fine is imposed
4249	4249	or by an earlier date specified by the court. If by the required date the
4250	4250	person performs an insufficient amount of community service to reduce to
4251	4251	zero the portion of the fine required to be paid by the person, the
4252	4252	remaining balance of the fine shall become due on that date.
4253	4253	(2) The court may, in its discretion, waive any portion of a fine
4254	4254	imposed pursuant to this section, except the $250 required to be remitted
4255	4255	to the state treasurer pursuant to subsection (q)(2), upon a showing that the
4256	4256	person successfully completed court-ordered education or treatment.
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4299	4299	43 SB 558 51
4300	4300	(g) Prior to filing a complaint alleging a violation of this section, a
4301	4301	prosecutor shall request and shall receive from the:
4302	4302	(1) Division a record of all prior convictions obtained against such
4303	4303	person for any violations of any of the motor vehicle laws of this state; and
4304	4304	(2) Kansas bureau of investigation central repository all criminal
4305	4305	history record information concerning such person.
4306	4306	(h) The court shall electronically report every conviction of a
4307	4307	violation of this section and every diversion agreement entered into in lieu
4308	4308	of further criminal proceedings on a complaint alleging a violation of this
4309	4309	section to the division including any finding regarding the alcohol
4310	4310	concentration in the offender's blood or breath. Prior to sentencing under
4311	4311	the provisions of this section, the court shall request and shall receive from
4312	4312	the division a record of all prior convictions obtained against such person
4313	4313	for any violations of any of the motor vehicle laws of this state.
4314	4314	(i) For the purpose of determining whether a conviction is a first,
4315	4315	second, third, fourth or subsequent conviction in sentencing under this
4316	4316	section:
4317	4317	(1) Convictions for a violation of this section, or a violation of an
4318	4318	ordinance of any city or resolution of any county that prohibits the acts
4319	4319	that this section prohibits, or entering into a diversion agreement in lieu of
4320	4320	further criminal proceedings on a complaint alleging any such violations,
4321	4321	shall be taken into account, but only convictions or diversions occurring
4322	4322	on or after July 1, 2001. Nothing in this provision shall be construed as
4323	4323	preventing any court from considering any convictions or diversions
4324	4324	occurring during the person's lifetime in determining the sentence to be
4325	4325	imposed within the limits provided for a first, second, third, fourth or
4326	4326	subsequent offense;
4327	4327	(2) any convictions for a violation of the following sections occurring
4328	4328	during a person's lifetime shall be taken into account:
4329	4329	(A) Driving a commercial motor vehicle under the influence, K.S.A.
4330	4330	8-2,144, and amendments thereto;
4331	4331	(B) operating a vessel under the influence of alcohol or drugs, K.S.A.
4332	4332	32-1131, and amendments thereto;
4333	4333	(C) involuntary manslaughter while driving under the influence of
4334	4334	alcohol or drugs, K.S.A. 21-3442, prior to its repeal, or K.S.A. 21-5405(a)
4335	4335	(3) or (a)(5), and amendments thereto;
4336	4336	(D) aggravated battery as described in K.S.A. 21-5413(b)(3) or (b)
4337	4337	(4), and amendments thereto; and
4338	4338	(E) aggravated vehicular homicide, K.S.A. 21-3405a, prior to its
4339	4339	repeal, or vehicular battery, K.S.A. 21-3405b, prior to its repeal, if the
4340	4340	crime was committed while committing a violation of K.S.A. 8-1567, and
4341	4341	amendments thereto;
4342	4342	(3) "conviction" includes:
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4385	4385	43 SB 558 52
4386	4386	(A) Entering into a diversion agreement in lieu of further criminal
4387	4387	proceedings on a complaint alleging an offense described in subsection (i)
4388	4388	(2); and
4389	4389	(B) conviction of a violation of an ordinance of a city in this state, a
4390	4390	resolution of a county in this state or any law of another jurisdiction that
4391	4391	would constitute an offense that is comparable to the offense described in
4392	4392	subsection (i)(1) or (i)(2);
4393	4393	(4) multiple convictions of any crime described in subsection (i)(1) or
4394	4394	(i)(2) arising from the same arrest shall only be counted as one conviction;
4395	4395	(5) it is irrelevant whether an offense occurred before or after
4396	4396	conviction for a previous offense; and
4397	4397	(6) a person may enter into a diversion agreement in lieu of further
4398	4398	criminal proceedings for a violation of this section, and amendments
4399	4399	thereto, or an ordinance which prohibits the acts of this section, and
4400	4400	amendments thereto, only once during the person's lifetime.
4401	4401	(j) For the purposes of determining whether an offense is comparable,
4402	4402	the following shall be considered:
4403	4403	(1) The name of the out-of-jurisdiction offense;
4404	4404	(2) the elements of the out-of-jurisdiction offense; and
4405	4405	(3) whether the out-of-jurisdiction offense prohibits similar conduct
4406	4406	to the conduct prohibited by the closest approximate Kansas offense.
4407	4407	(k) Upon conviction of a person of a violation of this section or a
4408	4408	violation of a city ordinance or county resolution prohibiting the acts
4409	4409	prohibited by this section, the division, upon receiving a report of
4410	4410	conviction, shall suspend, restrict or suspend and restrict the person's
4411	4411	driving privileges as provided by K.S.A. 8-1014, and amendments thereto.
4412	4412	(l) (1) Nothing contained in this section shall be construed as
4413	4413	preventing any city from enacting ordinances, or any county from adopting
4414	4414	resolutions, declaring acts prohibited or made unlawful by this act as
4415	4415	unlawful or prohibited in such city or county and prescribing penalties for
4416	4416	violation thereof.
4417	4417	(2) The minimum penalty prescribed by any such ordinance or
4418	4418	resolution shall not be less than the minimum penalty prescribed by this
4419	4419	section for the same violation, and the maximum penalty in any such
4420	4420	ordinance or resolution shall not exceed the maximum penalty prescribed
4421	4421	for the same violation.
4422	4422	(3) On and after July 1, 2007, and retroactive for ordinance violations
4423	4423	committed on or after July 1, 2006, an ordinance may grant to a municipal
4424	4424	court jurisdiction over a violation of such ordinance which is concurrent
4425	4425	with the jurisdiction of the district court over a violation of this section,
4426	4426	notwithstanding that the elements of such ordinance violation are the same
4427	4427	as the elements of a violation of this section that would constitute, and be
4428	4428	punished as, a felony.
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4471	4471	43 SB 558 53
4472	4472	(4) Any such ordinance or resolution shall authorize the court to order
4473	4473	that the convicted person pay restitution to any victim who suffered loss
4474	4474	due to the violation for which the person was convicted.
4475	4475	(m) (1) Upon the filing of a complaint, citation or notice to appear
4476	4476	alleging a person has violated a city ordinance prohibiting the acts
4477	4477	prohibited by this section, and prior to conviction thereof, a city attorney
4478	4478	shall request and shall receive from the:
4479	4479	(A) Division a record of all prior convictions obtained against such
4480	4480	person for any violations of any of the motor vehicle laws of this state; and
4481	4481	(B) Kansas bureau of investigation central repository all criminal
4482	4482	history record information concerning such person.
4483	4483	(2) If the elements of such ordinance violation are the same as the
4484	4484	elements of a violation of this section that would constitute, and be
4485	4485	punished as, a felony, the city attorney shall refer the violation to the
4486	4486	appropriate county or district attorney for prosecution.
4487	4487	(n) No plea bargaining agreement shall be entered into nor shall any
4488	4488	judge approve a plea bargaining agreement entered into for the purpose of
4489	4489	permitting a person charged with a violation of this section, or a violation
4490	4490	of any ordinance of a city or resolution of any county in this state which
4491	4491	prohibits the acts prohibited by this section, to avoid the mandatory
4492	4492	penalties established by this section or by the ordinance. For the purpose
4493	4493	of this subsection, entering into a diversion agreement pursuant to K.S.A.
4494	4494	12-4413 et seq. or 22-2906 et seq., and amendments thereto, shall not
4495	4495	constitute plea bargaining. This subsection shall not be construed to
4496	4496	prohibit an amendment or dismissal of any charge where the admissible
4497	4497	evidence is not sufficient to support a conviction beyond a reasonable
4498	4498	doubt on such charge.
4499	4499	(o) The alternatives set out in subsection (a) may be pleaded in the
4500	4500	alternative, and the state, city or county may, but shall not be required to,
4501	4501	elect one or more of such alternatives prior to submission of the case to the
4502	4502	fact finder.
4503	4503	(p) As used in this section:
4504	4504	(1) "Alcohol concentration" means the number of grams of alcohol
4505	4505	per 100 milliliters of blood or per 210 liters of breath;
4506	4506	(2) "imprisonment" includes any restrained environment in which the
4507	4507	court and law enforcement agency intend to retain custody and control of a
4508	4508	defendant and such environment has been approved by the board of county
4509	4509	commissioners or the governing body of a city; and
4510	4510	(3) "drug" includes toxic vapors as such term is defined in K.S.A. 21-
4511	4511	5712, and amendments thereto.
4512	4512	(q) (1) The amount of the increase in fines as specified in this section
4513	4513	shall be remitted by the clerk of the district court to the state treasurer in
4514	4514	accordance with the provisions of K.S.A. 75-4215, and amendments
4515	4515	1
4516	4516	2
4517	4517	3
4518	4518	4
4519	4519	5
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4553	4553	39
4554	4554	40
4555	4555	41
4556	4556	42
4557	4557	43 SB 558 54
4558	4558	thereto. Upon receipt of remittance of the increase provided in this act, the
4559	4559	state treasurer shall deposit the entire amount in the state treasury and the
4560	4560	state treasurer shall credit 50% to the community alcoholism and
4561	4561	intoxication programs fund and 50% to the department of corrections
4562	4562	alcohol and drug abuse treatment fund, which is hereby created in the state
4563	4563	treasury.
4564	4564	(2) On and after July 1, 2011, the amount of $250 from each fine
4565	4565	imposed pursuant to this section shall be remitted by the clerk of the
4566	4566	district court to the state treasurer in accordance with the provisions of
4567	4567	K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
4568	4568	remittance, the state treasurer shall credit the entire amount to the
4569	4569	community corrections supervision fund established by K.S.A. 75-52,113,
4570	4570	and amendments thereto.
4571	4571	Sec. 75. K.S.A. 21-5703 is hereby amended to read as follows: 21-
4572	4572	5703. (a) It shall be unlawful for any person to manufacture any controlled
4573	4573	substance or controlled substance analog.
4574	4574	(b) Violation or attempted violation of subsection (a) is a:
4575	4575	(1) Drug severity level 2 felony, except as provided in subsections (b)
4576	4576	(2) and (b)(3);
4577	4577	(2) drug severity level 1 felony if:
4578	4578	(A) The controlled substance is not methamphetamine, as defined by
4579	4579	K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
4580	4580	thereof;
4581	4581	(B) the controlled substance is not a fentanyl-related controlled
4582	4582	substance; and
4583	4583	(C) the offender has a prior conviction for unlawful manufacturing of
4584	4584	a controlled substance under this section, K.S.A. 65-4159, prior to its
4585	4585	repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially
4586	4586	similar offense from another jurisdiction and the substance was not
4587	4587	methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
4588	4588	amendments thereto, or an analog thereof, in any such prior conviction;
4589	4589	and
4590	4590	(3) drug severity level 1 felony if the controlled substance is
4591	4591	methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
4592	4592	amendments thereto, or an analog thereof, or is a fentanyl-related
4593	4593	controlled substance.
4594	4594	(c) The provisions of K.S.A. 21-5301(d), and amendments thereto,
4595	4595	shall not apply to a violation of attempting to unlawfully manufacture any
4596	4596	controlled substance or controlled substance analog pursuant to this
4597	4597	section.
4598	4598	(d) For persons arrested and charged under this section, bail shall be
4599	4599	at least $50,000 cash or surety, and such person shall not be released upon
4600	4600	the person's own recognizance pursuant to K.S.A. 22-2802, and
4601	4601	1
4602	4602	2
4603	4603	3
4604	4604	4
4605	4605	5
4606	4606	6
4607	4607	7
4608	4608	8
4609	4609	9
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4639	4639	39
4640	4640	40
4641	4641	41
4642	4642	42
4643	4643	43 SB 558 55
4644	4644	amendments thereto, unless the court determines, on the record, that the
4645	4645	defendant is not likely to re-offend, the court imposes pretrial supervision,
4646	4646	or the defendant agrees to participate in a licensed or certified drug
4647	4647	treatment program.
4648	4648	(e) The sentence of a person who violates this section shall not be
4649	4649	subject to statutory provisions for suspended sentence, community service
4650	4650	work or probation.
4651	4651	(f) The sentence of a person who violates this section, K.S.A. 65-
4652	4652	4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its
4653	4653	transfer, shall not be reduced because these sections prohibit conduct
4654	4654	identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their
4655	4655	repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-
4656	4656	5705, and amendments thereto.
4657	4657	(g) The provisions of this section shall not apply to a licensee, as
4658	4658	such term is defined in section 2, and amendments thereto, that is
4659	4659	producing medical cannabis or medical cannabis products, as such terms
4660	4660	are defined in section 2, and amendments thereto, when used for acts
4661	4661	authorized by the Kansas medical cannabis act, section 1 et seq., and
4662	4662	amendments thereto.
4663	4663	Sec. 76. K.S.A. 21-5705 is hereby amended to read as follows: 21-
4664	4664	5705. (a) It shall be unlawful for any person to distribute or possess with
4665	4665	the intent to distribute any of the following controlled substances or
4666	4666	controlled substance analogs thereof:
4667	4667	(1) Opiates, opium or narcotic drugs, or any stimulant designated in
4668	4668	subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107(d)(1), (d)(3) or (f)(1),
4669	4669	and amendments thereto;
4670	4670	(2) any depressant designated in subsection (e) of K.S.A. 65-4105(e),
4671	4671	subsection (e) of K.S.A. 65-4107(e), subsection (b) or (c) of K.S.A. 65-
4672	4672	4109(b) or (c) or subsection (b) of K.S.A. 65-4111(b), and amendments
4673	4673	thereto;
4674	4674	(3) any stimulant designated in subsection (f) of K.S.A. 65-4105(f),
4675	4675	subsection (d)(2), (d)(4), (d)(5) or (f)(2) of K.S.A. 65-4107(d)(2), (d)(4),
4676	4676	(d)(5) or (f)(2) or subsection (e) of K.S.A. 65-4109(e), and amendments
4677	4677	thereto;
4678	4678	(4) any hallucinogenic drug designated in subsection (d) of K.S.A.
4679	4679	65-4105(d), subsection (g) of K.S.A. 65-4107(g) or subsection (g) of
4680	4680	K.S.A. 65-4109(g), and amendments thereto;
4681	4681	(5) any substance designated in subsection (g) of K.S.A. 65-4105(g)
4682	4682	and subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111(c), (d), (e), (f) or
4683	4683	(g), and amendments thereto;
4684	4684	(6) any anabolic steroids as defined in subsection (f) of K.S.A. 65-
4685	4685	4109(f), and amendments thereto; or
4686	4686	(7) any substance designated in subsection (h) of K.S.A. 65-4105(h),
4687	4687	1
4688	4688	2
4689	4689	3
4690	4690	4
4691	4691	5
4692	4692	6
4693	4693	7
4694	4694	8
4695	4695	9
4696	4696	10
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4725	4725	39
4726	4726	40
4727	4727	41
4728	4728	42
4729	4729	43 SB 558 56
4730	4730	and amendments thereto.
4731	4731	(b) It shall be unlawful for any person to distribute or possess with
4732	4732	the intent to distribute a controlled substance or a controlled substance
4733	4733	analog designated in K.S.A. 65-4113, and amendments thereto.
4734	4734	(c) It shall be unlawful for any person to cultivate any controlled
4735	4735	substance or controlled substance analog listed in subsection (a).
4736	4736	(d) (1) Except as provided further, violation of subsection (a) is a:
4737	4737	(A) Drug severity level 4 felony if the quantity of the material was
4738	4738	less than 3.5 grams;
4739	4739	(B) drug severity level 3 felony if the quantity of the material was at
4740	4740	least 3.5 grams but less than 100 grams;
4741	4741	(C) drug severity level 2 felony if the quantity of the material was at
4742	4742	least 100 grams but less than 1 kilogram; and
4743	4743	(D) drug severity level 1 felony if the quantity of the material was 1
4744	4744	kilogram or more.
4745	4745	(2) Violation of subsection (a) with respect to material containing any
4746	4746	quantity of marijuana, or an analog thereof, is a:
4747	4747	(A) Drug severity level 4 felony if the quantity of the material was
4748	4748	less than 25 grams;
4749	4749	(B) drug severity level 3 felony if the quantity of the material was at
4750	4750	least 25 grams but less than 450 grams;
4751	4751	(C) drug severity level 2 felony if the quantity of the material was at
4752	4752	least 450 grams but less than 30 kilograms; and
4753	4753	(D) drug severity level 1 felony if the quantity of the material was 30
4754	4754	kilograms or more.
4755	4755	(3) Violation of subsection (a) with respect to material containing any
4756	4756	quantity of heroin, as defined by subsection (c)(1) of K.S.A. 65-4105(c)
4757	4757	(1), and amendments thereto, or methamphetamine, as defined by
4758	4758	subsection (d)(3) or (f)(1) of K.S.A. 65-4107(d)(3) or (f)(1), and
4759	4759	amendments thereto, or an analog thereof, is a:
4760	4760	(A) Drug severity level 4 felony if the quantity of the material was
4761	4761	less than 1 gram;
4762	4762	(B) drug severity level 3 felony if the quantity of the material was at
4763	4763	least 1 gram but less than 3.5 grams;
4764	4764	(C) drug severity level 2 felony if the quantity of the material was at
4765	4765	least 3.5 grams but less than 100 grams; and
4766	4766	(D) drug severity level 1 felony if the quantity of the material was
4767	4767	100 grams or more.
4768	4768	(4) Violation of subsection (a) with respect to material containing any
4769	4769	quantity of a controlled substance designated in K.S.A. 65-4105, 65-4107,
4770	4770	65-4109 or 65-4111, and amendments thereto, or an analog thereof,
4771	4771	distributed by dosage unit, is a:
4772	4772	(A) Drug severity level 4 felony if the number of dosage units was
4773	4773	1
4774	4774	2
4775	4775	3
4776	4776	4
4777	4777	5
4778	4778	6
4779	4779	7
4780	4780	8
4781	4781	9
4782	4782	10
4783	4783	11
4784	4784	12
4785	4785	13
4786	4786	14
4787	4787	15
4788	4788	16
4789	4789	17
4790	4790	18
4791	4791	19
4792	4792	20
4793	4793	21
4794	4794	22
4795	4795	23
4796	4796	24
4797	4797	25
4798	4798	26
4799	4799	27
4800	4800	28
4801	4801	29
4802	4802	30
4803	4803	31
4804	4804	32
4805	4805	33
4806	4806	34
4807	4807	35
4808	4808	36
4809	4809	37
4810	4810	38
4811	4811	39
4812	4812	40
4813	4813	41
4814	4814	42
4815	4815	43 SB 558 57
4816	4816	fewer than 10;
4817	4817	(B) drug severity level 3 felony if the number of dosage units was at
4818	4818	least 10 but less than 100;
4819	4819	(C) drug severity level 2 felony if the number of dosage units was at
4820	4820	least 100 but less than 1,000; and
4821	4821	(D) drug severity level 1 felony if the number of dosage units was
4822	4822	1,000 or more.
4823	4823	(5) For any violation of subsection (a), the severity level of the
4824	4824	offense shall be increased one level if the controlled substance or
4825	4825	controlled substance analog was distributed or possessed with the intent to
4826	4826	distribute on or within 1,000 feet of any school property.
4827	4827	(6) Violation of subsection (b) is a:
4828	4828	(A) Class A person misdemeanor, except as provided in subsection
4829	4829	(d)(6)(B) subparagraph (B); and
4830	4830	(B) nondrug severity level 7, person felony if the substance was
4831	4831	distributed to or possessed with the intent to distribute to a minor.
4832	4832	(7) Violation of subsection (c) is a:
4833	4833	(A) Drug severity level 3 felony if the number of plants cultivated
4834	4834	was more than 4 but fewer than 50;
4835	4835	(B) drug severity level 2 felony if the number of plants cultivated was
4836	4836	at least 50 but fewer than 100; and
4837	4837	(C) drug severity level 1 felony if the number of plants cultivated was
4838	4838	100 or more.
4839	4839	(e) In any prosecution under this section, there shall be a rebuttable
4840	4840	presumption of an intent to distribute if any person possesses the following
4841	4841	quantities of controlled substances or analogs thereof:
4842	4842	(1) 450 grams or more of marijuana;
4843	4843	(2) 3.5 grams or more of heroin or methamphetamine;
4844	4844	(3) 100 dosage units or more containing a controlled substance; or
4845	4845	(4) 100 grams or more of any other controlled substance.
4846	4846	(f) It shall not be a defense to charges arising under this section that
4847	4847	the defendant:
4848	4848	(1) Was acting in an agency relationship on behalf of any other party
4849	4849	in a transaction involving a controlled substance or controlled substance
4850	4850	analog;
4851	4851	(2) did not know the quantity of the controlled substance or
4852	4852	controlled substance analog; or
4853	4853	(3) did not know the specific controlled substance or controlled
4854	4854	substance analog contained in the material that was distributed or
4855	4855	possessed with the intent to distribute.
4856	4856	(g) The provisions of (a)(4) and (a)(5) shall not apply to a licensee,
4857	4857	as such term is defined in section 2, and amendments thereto, or any
4858	4858	employee or agent thereof that is growing, testing, processing, distributing
4859	4859	1
4860	4860	2
4861	4861	3
4862	4862	4
4863	4863	5
4864	4864	6
4865	4865	7
4866	4866	8
4867	4867	9
4868	4868	10
4869	4869	11
4870	4870	12
4871	4871	13
4872	4872	14
4873	4873	15
4874	4874	16
4875	4875	17
4876	4876	18
4877	4877	19
4878	4878	20
4879	4879	21
4880	4880	22
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4882	4882	24
4883	4883	25
4884	4884	26
4885	4885	27
4886	4886	28
4887	4887	29
4888	4888	30
4889	4889	31
4890	4890	32
4891	4891	33
4892	4892	34
4893	4893	35
4894	4894	36
4895	4895	37
4896	4896	38
4897	4897	39
4898	4898	40
4899	4899	41
4900	4900	42
4901	4901	43 SB 558 58
4902	4902	or selling medical cannabis or medical cannabis products, as such terms
4903	4903	are defined in section 2, and amendments thereto, in accordance with the
4904	4904	Kansas medical cannabis act, section 1 et seq., and amendments thereto.
4905	4905	(h) As used in this section:
4906	4906	(1) "Material" means the total amount of any substance, including a
4907	4907	compound or a mixture, which that contains any quantity of a controlled
4908	4908	substance or controlled substance analog.
4909	4909	(2) "Dosage unit" means a controlled substance or controlled
4910	4910	substance analog distributed or possessed with the intent to distribute as a
4911	4911	discrete unit, including but not limited to, one pill, one capsule or one
4912	4912	microdot, and not distributed by weight.
4913	4913	(A) For steroids, or controlled substances in liquid solution legally
4914	4914	manufactured for prescription use, or an analog thereof, "dosage unit"
4915	4915	means the smallest medically approved dosage unit, as determined by the
4916	4916	label, materials provided by the manufacturer, a prescribing authority,
4917	4917	licensed health care professional or other qualified health authority.
4918	4918	(B) For illegally manufactured controlled substances in liquid
4919	4919	solution, or controlled substances in liquid products not intended for
4920	4920	ingestion by human beings, or an analog thereof, "dosage unit" means 10
4921	4921	milligrams, including the liquid carrier medium, except as provided in
4922	4922	subsection (g)(2)(C) subparagraph (C).
4923	4923	(C) For lysergic acid diethylamide (LSD) in liquid form, or an analog
4924	4924	thereof, a dosage unit is defined as 0.4 milligrams, including the liquid
4925	4925	medium.
4926	4926	Sec. 77. K.S.A. 21-5706 is hereby amended to read as follows: 21-
4927	4927	5706. (a) It shall be unlawful for any person to possess any opiates, opium
4928	4928	or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)
4929	4929	(3) or (f)(1), and amendments thereto, or a controlled substance analog
4930	4930	thereof.
4931	4931	(b) It shall be unlawful for any person to possess any of the following
4932	4932	controlled substances or controlled substance analogs thereof:
4933	4933	(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-
4934	4934	4109(b) or (c) or 65-4111(b), and amendments thereto;
4935	4935	(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)
4936	4936	(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
4937	4937	(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
4938	4938	4107(g) or 65-4109(g), and amendments thereto;
4939	4939	(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c),
4940	4940	(d), (e), (f) or (g), and amendments thereto;
4941	4941	(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and
4942	4942	amendments thereto;
4943	4943	(6) any substance designated in K.S.A. 65-4113, and amendments
4944	4944	thereto; or
4945	4945	1
4946	4946	2
4947	4947	3
4948	4948	4
4949	4949	5
4950	4950	6
4951	4951	7
4952	4952	8
4953	4953	9
4954	4954	10
4955	4955	11
4956	4956	12
4957	4957	13
4958	4958	14
4959	4959	15
4960	4960	16
4961	4961	17
4962	4962	18
4963	4963	19
4964	4964	20
4965	4965	21
4966	4966	22
4967	4967	23
4968	4968	24
4969	4969	25
4970	4970	26
4971	4971	27
4972	4972	28
4973	4973	29
4974	4974	30
4975	4975	31
4976	4976	32
4977	4977	33
4978	4978	34
4979	4979	35
4980	4980	36
4981	4981	37
4982	4982	38
4983	4983	39
4984	4984	40
4985	4985	41
4986	4986	42
4987	4987	43 SB 558 59
4988	4988	(7) any substance designated in K.S.A. 65-4105(h), and amendments
4989	4989	thereto.
4990	4990	(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
4991	4991	(2) Except as provided in subsection (c)(3):
4992	4992	(A) Violation of subsection (b) is a class A nonperson misdemeanor,
4993	4993	except as provided in subparagraph (B); and
4994	4994	(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug
4995	4995	severity level 5 felony if that person has a prior conviction under such
4996	4996	subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially
4997	4997	similar offense from another jurisdiction, or under any city ordinance or
4998	4998	county resolution for a substantially similar offense if the substance
4999	4999	involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana
5000	5000	as designated in K.S.A. 65-4105(d), and amendments thereto, or any
5001	5001	substance designated in K.S.A. 65-4105(h), and amendments thereto, or an
5002	5002	analog thereof.
5003	5003	(3) If the substance involved is marijuana, as designated in K.S.A.
5004	5004	65-4105(d), and amendments thereto, or tetrahydrocannabinols, as
5005	5005	designated in K.S.A. 65-4105(h), and amendments thereto, violation of
5006	5006	subsection (b) is a:
5007	5007	(A) Class B nonperson misdemeanor, except as provided in
5008	5008	subparagraphs (B) and (C);
5009	5009	(B) class A nonperson misdemeanor if that person has a prior
5010	5010	conviction under such subsection, under K.S.A. 65-4162, prior to its
5011	5011	repeal, under a substantially similar offense from another jurisdiction, or
5012	5012	under any city ordinance or county resolution for a substantially similar
5013	5013	offense; and
5014	5014	(C) drug severity level 5 felony if that person has two or more prior
5015	5015	convictions under such subsection, under K.S.A. 65-4162, prior to its
5016	5016	repeal, under a substantially similar offense from another jurisdiction, or
5017	5017	under any city ordinance or county resolution for a substantially similar
5018	5018	offense.
5019	5019	(d) It shall be an affirmative defense to prosecution under this section
5020	5020	arising out of a person's possession of any cannabidiol treatment
5021	5021	preparation if the person:
5022	5022	(1) Has a debilitating medical condition, as defined in K.S.A. 2023
5023	5023	Supp. 65-6235, and amendments thereto, or is the parent or guardian of a
5024	5024	minor child who has such debilitating medical condition;
5025	5025	(2) is possessing a cannabidiol treatment preparation, as defined in
5026	5026	K.S.A. 2023 Supp. 65-6235, and amendments thereto, that is being used to
5027	5027	treat such debilitating medical condition; and
5028	5028	(3) has possession of a letter, at all times while the person has
5029	5029	possession of the cannabidiol treatment preparation, that:
5030	5030	(A) Shall be shown to a law enforcement officer on such officer's
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5074	5074	request;
5075	5075	(B) is dated within the preceding 15 months and signed by the
5076	5076	physician licensed to practice medicine and surgery in Kansas who
5077	5077	diagnosed the debilitating medical condition;
5078	5078	(C) is on such physician's letterhead; and
5079	5079	(D) identifies the person or the person's minor child as such
5080	5080	physician's patient and identifies the patient's debilitating medical
5081	5081	condition If the substance involved is medical cannabis or a medical
5082	5082	cannabis product, as such terms are defined in section 2, and amendments
5083	5083	thereto, the provisions of subsections (b) and (c) shall not apply to any
5084	5084	person who has been issued a valid identification card pursuant to section
5085	5085	9, and amendments thereto, and whose possession is authorized by the
5086	5086	Kansas medical cannabis act, section 1 et seq., and amendments thereto.
5087	5087	(e) It shall not be a defense to charges arising under this section that
5088	5088	the defendant was acting in an agency relationship on behalf of any other
5089	5089	party in a transaction involving a controlled substance or controlled
5090	5090	substance analog.
5091	5091	Sec. 78. K.S.A. 21-5707 is hereby amended to read as follows: 21-
5092	5092	5707. (a) It shall be unlawful for any person to knowingly or intentionally
5093	5093	use any communication facility:
5094	5094	(1) In committing, causing, or facilitating the commission of any
5095	5095	felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments
5096	5096	thereto; or
5097	5097	(2) in any attempt to commit, any conspiracy to commit, or any
5098	5098	criminal solicitation of any felony under K.S.A. 21-5703, 21-5705 or 21-
5099	5099	5706, and amendments thereto. Each separate use of a communication
5100	5100	facility may be charged as a separate offense under this subsection.
5101	5101	(b) Violation of subsection (a) is a nondrug severity level 8,
5102	5102	nonperson felony.
5103	5103	(c) The provisions of this section shall not apply to any person using
5104	5104	communication facilities for activities authorized by the Kansas medical
5105	5105	cannabis act, section 1 et seq., and amendments thereto.
5106	5106	(d) As used in this section, "communication facility" means any and
5107	5107	all public and private instrumentalities used or useful in the transmission
5108	5108	of writing, signs, signals, pictures or sounds of all kinds and includes
5109	5109	telephone, wire, radio, computer, computer networks, beepers, pagers and
5110	5110	all other means of communication.
5111	5111	Sec. 79. K.S.A. 21-5709 is hereby amended to read as follows: 21-
5112	5112	5709. (a) It shall be unlawful for any person to possess ephedrine,
5113	5113	pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
5114	5114	anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
5115	5115	their salts, isomers or salts of isomers with an intent to use the product to
5116	5116	manufacture a controlled substance.
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5160	5160	(b) It shall be unlawful for any person to use or possess with intent to
5161	5161	use any drug paraphernalia to:
5162	5162	(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
5163	5163	distribute a controlled substance; or
5164	5164	(2) store, contain, conceal, inject, ingest, inhale or otherwise
5165	5165	introduce a controlled substance into the human body.
5166	5166	(c) It shall be unlawful for any person to use or possess with intent to
5167	5167	use anhydrous ammonia or pressurized ammonia in a container not
5168	5168	approved for that chemical by the Kansas department of agriculture.
5169	5169	(d) It shall be unlawful for any person to purchase, receive or
5170	5170	otherwise acquire at retail any compound, mixture or preparation
5171	5171	containing more than 3.6 grams of pseudoephedrine base or ephedrine
5172	5172	base in any single transaction or any compound, mixture or preparation
5173	5173	containing more than nine grams of pseudoephedrine base or ephedrine
5174	5174	base within any 30-day period.
5175	5175	(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
5176	5176	(2) violation of subsection (b)(1) is a:
5177	5177	(A) Drug severity level 5 felony, except as provided in subsection (e)
5178	5178	(2)(B); and
5179	5179	(B) class B nonperson misdemeanor if the drug paraphernalia was
5180	5180	used to cultivate fewer than five marijuana plants;
5181	5181	(3) violation of subsection (b)(2) is a class B nonperson
5182	5182	misdemeanor;
5183	5183	(4) violation of subsection (c) is a drug severity level 5 felony; and
5184	5184	(5) violation of subsection (d) is a class A nonperson misdemeanor.
5185	5185	(f) For persons arrested and charged under subsection (a) or (c), bail
5186	5186	shall be at least $50,000 cash or surety, and such person shall not be
5187	5187	released upon the person's own recognizance pursuant to K.S.A. 22-2802,
5188	5188	and amendments thereto, unless the court determines, on the record, that
5189	5189	the defendant is not likely to reoffend, the court imposes pretrial
5190	5190	supervision or the defendant agrees to participate in a licensed or certified
5191	5191	drug treatment program.
5192	5192	(g) The provisions of subsection (b) shall not apply to any person
5193	5193	who has been issued a valid identification card pursuant to section 9, and
5194	5194	amendments thereto, and whose possession of such equipment or material
5195	5195	is used solely to produce or for the administration of medical cannabis or
5196	5196	medical cannabis products, as such terms are defined in section 2, and
5197	5197	amendments thereto, in a manner authorized by the Kansas medical
5198	5198	cannabis act, section 1 et seq., and amendments thereto.
5199	5199	Sec. 80. K.S.A. 21-5710 is hereby amended to read as follows: 21-
5200	5200	5710. (a) It shall be unlawful for any person to advertise, market, label,
5201	5201	distribute or possess with the intent to distribute:
5202	5202	(1) Any product containing ephedrine, pseudoephedrine, red
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5246	5246	phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia,
5247	5247	pressurized ammonia or phenylpropanolamine or their salts, isomers or
5248	5248	salts of isomers if the person knows or reasonably should know that the
5249	5249	purchaser will use the product to manufacture a controlled substance or
5250	5250	controlled substance analog; or
5251	5251	(2) any product containing ephedrine, pseudoephedrine or
5252	5252	phenylpropanolamine, or their salts, isomers or salts of isomers for
5253	5253	indication of stimulation, mental alertness, weight loss, appetite control,
5254	5254	energy or other indications not approved pursuant to the pertinent federal
5255	5255	over-the-counter drug final monograph or tentative final monograph or
5256	5256	approved new drug application.
5257	5257	(b) It shall be unlawful for any person to distribute, possess with the
5258	5258	intent to distribute or manufacture with intent to distribute any drug
5259	5259	paraphernalia, knowing or under circumstances where one reasonably
5260	5260	should know that it will be used to manufacture or distribute a controlled
5261	5261	substance or controlled substance analog in violation of K.S.A. 21-5701
5262	5262	through 21-5717, and amendments thereto.
5263	5263	(c) It shall be unlawful for any person to distribute, possess with
5264	5264	intent to distribute or manufacture with intent to distribute any drug
5265	5265	paraphernalia, knowing or under circumstances where one reasonably
5266	5266	should know, that it will be used as such in violation of K.S.A. 21-5701
5267	5267	through 21-5717, and amendments thereto, except subsection (b) of K.S.A.
5268	5268	21-5706(b), and amendments thereto.
5269	5269	(d) It shall be unlawful for any person to distribute, possess with
5270	5270	intent to distribute or manufacture with intent to distribute any drug
5271	5271	paraphernalia, knowing, or under circumstances where one reasonably
5272	5272	should know, that it will be used as such in violation of subsection (b) of
5273	5273	K.S.A. 21-5706(b), and amendments thereto.
5274	5274	(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
5275	5275	(2) violation of subsection (b) is a:
5276	5276	(A) Drug severity level 5 felony, except as provided in subsection (e)
5277	5277	(2)(B) subparagraph (B); and
5278	5278	(B) drug severity level 4 felony if the trier of fact makes a finding that
5279	5279	the offender distributed or caused drug paraphernalia to be distributed to a
5280	5280	minor or on or within 1,000 feet of any school property;
5281	5281	(3) violation of subsection (c) is a:
5282	5282	(A) Nondrug severity level 9, nonperson felony, except as provided in
5283	5283	subsection (e)(3)(B) subparagraph (B); and
5284	5284	(B) drug severity level 5 felony if the trier of fact makes a finding that
5285	5285	the offender distributed or caused drug paraphernalia to be distributed to a
5286	5286	minor or on or within 1,000 feet of any school property; and
5287	5287	(4) violation of subsection (d) is a:
5288	5288	(A) Class A nonperson misdemeanor, except as provided in
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5332	5332	subsection (e)(4)(B) subparagraph (B); and
5333	5333	(B) nondrug severity level 9, nonperson felony if the trier of fact
5334	5334	makes a finding that the offender distributed or caused drug paraphernalia
5335	5335	to be distributed to a minor or on or within 1,000 feet of any school
5336	5336	property.
5337	5337	(f) For persons arrested and charged under subsection (a), bail shall
5338	5338	be at least $50,000 cash or surety, and such person shall not be released
5339	5339	upon the person's own recognizance pursuant to K.S.A. 22-2802, and
5340	5340	amendments thereto, unless the court determines, on the record, that the
5341	5341	defendant is not likely to re-offend, the court imposes pretrial supervision
5342	5342	or the defendant agrees to participate in a licensed or certified drug
5343	5343	treatment program.
5344	5344	(g) The provisions of subsection (c) shall not apply to any licensee, as
5345	5345	such term is defined in section 2, and amendments thereto, whose
5346	5346	distribution or manufacture is used solely to distribute or produce medical
5347	5347	cannabis or medical cannabis products, as such terms are defined in
5348	5348	section 2, and amendments thereto, in a manner authorized by the Kansas
5349	5349	medical cannabis act, section 1 et seq., and amendments thereto.
5350	5350	(h) As used in this section, "or under circumstances where one
5351	5351	reasonably should know" that an item will be used in violation of this
5352	5352	section, shall include, but not be limited to, the following:
5353	5353	(1) Actual knowledge from prior experience or statements by
5354	5354	customers;
5355	5355	(2) inappropriate or impractical design for alleged legitimate use;
5356	5356	(3) receipt of packaging material, advertising information or other
5357	5357	manufacturer supplied information regarding the item's use as drug
5358	5358	paraphernalia; or
5359	5359	(4) receipt of a written warning from a law enforcement or
5360	5360	prosecutorial agency having jurisdiction that the item has been previously
5361	5361	determined to have been designed specifically for use as drug
5362	5362	paraphernalia.
5363	5363	Sec. 81. K.S.A. 21-6109 is hereby amended to read as follows: 21-
5364	5364	6109. As used in K.S.A. 21-6109 through 21-6116, and amendments
5365	5365	thereto:
5366	5366	(a) "Access point" means the area within a ten foot radius outside of
5367	5367	any doorway, open window or air intake leading into a building or facility
5368	5368	that is not exempted pursuant to K.S.A. 21-6110(d), and amendments
5369	5369	thereto.
5370	5370	(b) "Bar" means any indoor area that is operated and licensed for the
5371	5371	sale and service of alcoholic beverages, including alcoholic liquor as
5372	5372	defined in K.S.A. 41-102, and amendments thereto, or cereal malt
5373	5373	beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-
5374	5374	premises consumption.
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5418	5418	(c) "Cannabis" means the same as defined in section 2, and
5419	5419	amendments thereto.
5420	5420	(d) "Electronic cigarette" means the same as defined in K.S.A. 79-
5421	5421	3301, and amendments thereto.
5422	5422	(e) "Employee" means any person who is employed by an employer
5423	5423	in consideration for direct or indirect monetary wages or profit and any
5424	5424	person who volunteers their services for a nonprofit entity.
5425	5425	(d)(f) "Employer" means any person, partnership, corporation,
5426	5426	association or organization, including municipal or nonprofit entities, that
5427	5427	employs one or more individual persons.
5428	5428	(e)(g) "Enclosed area" means all space between a floor and ceiling
5429	5429	that is enclosed on all sides by solid walls, windows or doorways that
5430	5430	extend from the floor to the ceiling, including all space therein screened by
5431	5431	partitions that do not extend to the ceiling or are not solid or similar
5432	5432	structures. For purposes of this section, the following shall not be
5433	5433	considered an "enclosed area": (1) Rooms or areas, enclosed by walls,
5434	5434	windows or doorways, having neither a ceiling nor a roof and that are
5435	5435	completely open to the elements and weather at all times; and (2) rooms or
5436	5436	areas, enclosed by walls, fences, windows or doorways and a roof or
5437	5437	ceiling, having openings that are permanently open to the elements and
5438	5438	weather and that comprise an area that is at least 30% of the total
5439	5439	perimeter wall area of such room or area.
5440	5440	(f)(h) "Food service establishment" means any place in which food is
5441	5441	served or is prepared for sale or service on the premises. Such term shall
5442	5442	include, but not be limited to, fixed or mobile restaurants, coffee shops,
5443	5443	cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich
5444	5444	shops, soda fountains, taverns, private clubs, roadside kitchens,
5445	5445	commissaries and any other private, public or nonprofit organization or
5446	5446	institution routinely serving food and any other eating or drinking
5447	5447	establishment or operation where food is served or provided for the public
5448	5448	with or without charge.
5449	5449	(g)(i) "Gaming floor" means the area of a lottery gaming facility or
5450	5450	racetrack gaming facility, as those terms are defined in K.S.A. 74-8702,
5451	5451	and amendments thereto, where patrons engage in Class III gaming. The
5452	5452	gaming floor shall not include any areas used for accounting, maintenance,
5453	5453	surveillance, security, administrative offices, storage, cash or cash
5454	5454	counting, records, food service, lodging or entertainment, except that the
5455	5455	gaming floor may include a bar where alcoholic beverages are served so
5456	5456	long as the bar is located entirely within the area where Class III gaming is
5457	5457	conducted.
5458	5458	(h)(j) "Medical care facility" means a physician's office, general
5459	5459	hospital, special hospital, ambulatory surgery center or recuperation center,
5460	5460	as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric
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5504	5504	hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto.
5505	5505	(i)(k) "Outdoor recreational facility" means a hunting, fishing,
5506	5506	shooting or golf club, business or enterprise operated primarily for the
5507	5507	benefit of its owners, members and their guests and not normally open to
5508	5508	the general public.
5509	5509	(j)(l) "Place of employment" means any enclosed area under the
5510	5510	control of a public or private employer, including, but not limited to, work
5511	5511	areas, auditoriums, elevators, private offices, employee lounges and
5512	5512	restrooms, conference and meeting rooms, classrooms, employee
5513	5513	cafeterias, stairwells and hallways, that is used by employees during the
5514	5514	course of employment. For purposes of this section, a private residence
5515	5515	shall not be considered a "place of employment" unless such residence is
5516	5516	used as a day care home, as defined in K.S.A. 65-530, and amendments
5517	5517	thereto.
5518	5518	(k)(m) "Private club" means an outdoor recreational facility operated
5519	5519	primarily for the use of its owners, members and their guests that in its
5520	5520	ordinary course of business is not open to the general public for which use
5521	5521	of its facilities has substantial dues or membership fee requirements for its
5522	5522	members.
5523	5523	(l)(n) "Public building" means any building owned or operated by: (1)
5524	5524	The state, including any branch, department, agency, bureau, commission,
5525	5525	authority or other instrumentality thereof; (2) any county, city, township,
5526	5526	other political subdivision, including any commission, authority, agency or
5527	5527	instrumentality thereof; or (3) any other separate corporate instrumentality
5528	5528	or unit of the state or any municipality.
5529	5529	(m)(o) "Public meeting" means any meeting open to the public
5530	5530	pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other
5531	5531	law of this state.
5532	5532	(n)(p) "Public place" means any enclosed areas open to the public or
5533	5533	used by the general public including, but not limited to: Banks, bars, food
5534	5534	service establishments, retail service establishments, retail stores, public
5535	5535	means of mass transportation, passenger elevators, health care institutions
5536	5536	or any other place where health care services are provided to the public,
5537	5537	medical care facilities, educational facilities, libraries, courtrooms, public
5538	5538	buildings, restrooms, grocery stores, school buses, museums, theaters,
5539	5539	auditoriums, arenas and recreational facilities. For purposes of this section,
5540	5540	a private residence shall not be considered a "public place" unless such
5541	5541	residence is used as a day care home, as defined in K.S.A. 65-530, and
5542	5542	amendments thereto.
5543	5543	(o)(q) "Smoking" means possession of a lighted cigarette, cigar, pipe
5544	5544	or the use of an electronic cigarette, or burning tobacco or cannabis in any
5545	5545	other form or device designed for the use of tobacco or cannabis,
5546	5546	including for the consumption of a medical cannabis product, as defined
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5589	5589	43 SB 558 66
5590	5590	in section 2, and amendments thereto.
5591	5591	(p)(r) "Tobacco shop" means any indoor area operated primarily for
5592	5592	the retail sale of tobacco, tobacco products or smoking devices or
5593	5593	accessories, and that derives not less than 65% of its gross receipts from
5594	5594	the sale of tobacco.
5595	5595	(q)(s) "Substantial dues or membership fee requirements" means
5596	5596	initiation costs, dues or fees proportional to the cost of membership in
5597	5597	similarly-situated outdoor recreational facilities that are not considered
5598	5598	nominal and implemented to otherwise avoid or evade restrictions of a
5599	5599	statewide ban on smoking.
5600	5600	Sec. 82. K.S.A. 21-6607 is hereby amended to read as follows: 21-
5601	5601	6607. (a) Except as required by subsection (c), nothing in this section shall
5602	5602	be construed to limit the authority of the court to impose or modify any
5603	5603	general or specific conditions of probation, suspension of sentence or
5604	5604	assignment to a community correctional services program. The court
5605	5605	services officer or community correctional services officer may
5606	5606	recommend, and the court may order, the imposition of any conditions of
5607	5607	probation, suspension of sentence or assignment to a community
5608	5608	correctional services program. For crimes committed on or after July 1,
5609	5609	1993, in presumptive nonprison cases, the court services officer or
5610	5610	community correctional services officer may recommend, and the court
5611	5611	may order, the imposition of any conditions of probation or assignment to
5612	5612	a community correctional services program. The court may at any time
5613	5613	order the modification of such conditions, after notice to the court services
5614	5614	officer or community correctional services officer and an opportunity for
5615	5615	such officer to be heard thereon. The court shall cause a copy of any such
5616	5616	order to be delivered to the court services officer and the probationer or to
5617	5617	the community correctional services officer and the community corrections
5618	5618	participant, as the case may be. The provisions of K.S.A. 75-5291, and
5619	5619	amendments thereto, shall be applicable to any assignment to a community
5620	5620	correctional services program pursuant to this section.
5621	5621	(b) Except as provided in subsection (d), the court may impose any
5622	5622	conditions of probation, suspension of sentence or assignment to a
5623	5623	community correctional services program that the court deems proper,
5624	5624	including, but not limited to, requiring that the defendant:
5625	5625	(1) Avoid such injurious or vicious habits, as directed by the court,
5626	5626	court services officer or community correctional services officer;
5627	5627	(2) avoid such persons or places of disreputable or harmful character,
5628	5628	as directed by the court, court services officer or community correctional
5629	5629	services officer;
5630	5630	(3) report to the court services officer or community correctional
5631	5631	services officer as directed;
5632	5632	(4) permit the court services officer or community correctional
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5675	5675	43 SB 558 67
5676	5676	services officer to visit the defendant at home or elsewhere;
5677	5677	(5) work faithfully at suitable employment insofar as possible;
5678	5678	(6) remain within the state unless the court grants permission to
5679	5679	leave;
5680	5680	(7) pay a fine or costs, applicable to the offense, in one or several
5681	5681	sums and in the manner as directed by the court;
5682	5682	(8) support the defendant's dependents;
5683	5683	(9) reside in a residential facility located in the community and
5684	5684	participate in educational, counseling, work and other correctional or
5685	5685	rehabilitative programs;
5686	5686	(10) perform community or public service work for local
5687	5687	governmental agencies, private corporations organized not for profit, or
5688	5688	charitable or social service organizations performing services for the
5689	5689	community;
5690	5690	(11) perform services under a system of day fines whereby the
5691	5691	defendant is required to satisfy fines, costs or reparation or restitution
5692	5692	obligations by performing services for a period of days, determined by the
5693	5693	court on the basis of ability to pay, standard of living, support obligations
5694	5694	and other factors;
5695	5695	(12) participate in a house arrest program pursuant to K.S.A. 21-
5696	5696	6609, and amendments thereto;
5697	5697	(13) order the defendant to pay the administrative fee authorized by
5698	5698	K.S.A. 22-4529, and amendments thereto, unless waived by the court; or
5699	5699	(14) in felony cases, except for violations of K.S.A. 8-1567, and
5700	5700	amendments thereto, be confined in a county jail not to exceed 60 days,
5701	5701	which need not be served consecutively.
5702	5702	(c) Except as provided in subsection (d), in addition to any other
5703	5703	conditions of probation, suspension of sentence or assignment to a
5704	5704	community correctional services program, the court shall order the
5705	5705	defendant to comply with each of the following conditions:
5706	5706	(1) The defendant shall obey all laws of the United States, the state of
5707	5707	Kansas and any other jurisdiction to the laws of which the defendant may
5708	5708	be subject;
5709	5709	(2) make reparation or restitution to the aggrieved party for the
5710	5710	damage or loss caused by the defendant's crime in accordance with K.S.A.
5711	5711	21-6604(b), and amendments thereto;
5712	5712	(3) (A) pay a correctional supervision fee of $60 if the person was
5713	5713	convicted of a misdemeanor or a fee of $120 if the person was convicted
5714	5714	of a felony. In any case the amount of the correctional supervision fee
5715	5715	specified by this paragraph may be reduced or waived by the judge if the
5716	5716	person is unable to pay that amount;
5717	5717	(B) the correctional supervision fee imposed by this paragraph shall
5718	5718	be charged and collected by the district court. The clerk of the district
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5761	5761	43 SB 558 68
5762	5762	court shall remit all revenues received under this paragraph from
5763	5763	correctional supervision fees to the state treasurer in accordance with the
5764	5764	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
5765	5765	each such remittance, the state treasurer shall deposit the entire amount in
5766	5766	the state treasury to the credit of the state general fund, a sum equal to
5767	5767	41.67% of such remittance, and to the correctional supervision fund, a sum
5768	5768	equal to 58.33% of such remittance;
5769	5769	(C) this paragraph shall apply to persons placed on felony or
5770	5770	misdemeanor probation or released on misdemeanor parole to reside in
5771	5771	Kansas and supervised by Kansas court services officers under the
5772	5772	interstate compact for offender supervision; and
5773	5773	(D) this paragraph shall not apply to persons placed on probation or
5774	5774	released on parole to reside in Kansas under the uniform act for out-of-
5775	5775	state parolee supervision;
5776	5776	(4) reimburse the state general fund for all or a part of the
5777	5777	expenditures by the state board of indigents' defense services to provide
5778	5778	counsel and other defense services to the defendant. In determining the
5779	5779	amount and method of payment of such sum, the court shall take account
5780	5780	of the financial resources of the defendant and the nature of the burden that
5781	5781	payment of such sum will impose. A defendant who has been required to
5782	5782	pay such sum and who is not willfully in default in the payment thereof
5783	5783	may at any time petition the court which sentenced the defendant to waive
5784	5784	payment of such sum or of any unpaid portion thereof. If it appears to the
5785	5785	satisfaction of the court that payment of the amount due will impose
5786	5786	manifest hardship on the defendant or the defendant's immediate family,
5787	5787	the court may waive payment of all or part of the amount due or modify
5788	5788	the method of payment. The amount of attorney fees to be included in the
5789	5789	court order for reimbursement shall be the amount claimed by appointed
5790	5790	counsel on the payment voucher for indigents' defense services or the
5791	5791	amount prescribed by the board of indigents' defense services
5792	5792	reimbursement tables as provided in K.S.A. 22-4522, and amendments
5793	5793	thereto, whichever is less;
5794	5794	(5) be subject to searches of the defendant's person, effects, vehicle,
5795	5795	residence and property by a court services officer, a community
5796	5796	correctional services officer and any other law enforcement officer based
5797	5797	on reasonable suspicion of the defendant violating conditions of probation
5798	5798	or criminal activity; and
5799	5799	(6) be subject to random, but reasonable, tests for drug and alcohol
5800	5800	consumption as ordered by a court services officer or community
5801	5801	correctional services officer.
5802	5802	(d) For any defendant who has been issued a valid identification card
5803	5803	pursuant to section 9, and amendments thereto, the court shall not order
5804	5804	any condition that prohibits such defendant from purchasing, possessing
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5847	5847	43 SB 558 69
5848	5848	or consuming medical cannabis or medical cannabis products, as such
5849	5849	terms are defined in section 2, and amendments thereto, in accordance
5850	5850	with the Kansas medical cannabis act, section 1 et seq., and amendments
5851	5851	thereto.
5852	5852	(e) Any law enforcement officer conducting a search pursuant to
5853	5853	subsection (c)(5) shall submit a written report to the appropriate court
5854	5854	services officer or community correctional services officer no later than
5855	5855	the close of the next business day after such search. The written report
5856	5856	shall include the facts leading to such search, the scope of such search and
5857	5857	any findings resulting from such search.
5858	5858	(e)(f) There is hereby established in the state treasury the correctional
5859	5859	supervision fund. All moneys credited to the correctional supervision fund
5860	5860	shall be used for: (1) The implementation of and training for use of a
5861	5861	statewide, mandatory, standardized risk assessment tool or instrument as
5862	5862	specified by the Kansas sentencing commission, pursuant to K.S.A. 75-
5863	5863	5291, and amendments thereto; (2) the implementation of and training for
5864	5864	use of a statewide, mandatory, standardized risk assessment tool or
5865	5865	instrument for juveniles adjudicated to be juvenile offenders; and (3)
5866	5866	evidence-based adult and juvenile offender supervision programs by
5867	5867	judicial branch personnel. If all expenditures for the program have been
5868	5868	paid and moneys remain in the correctional supervision fund for a fiscal
5869	5869	year, remaining moneys may be expended from the correctional
5870	5870	supervision fund to support adult and juvenile offender supervision by
5871	5871	court services officers. All expenditures from the correctional supervision
5872	5872	fund shall be made in accordance with appropriation acts upon warrants of
5873	5873	the director of accounts and reports issued pursuant to vouchers approved
5874	5874	by the chief justice of the Kansas supreme court or by a person or persons
5875	5875	designated by the chief justice.
5876	5876	Sec. 83. K.S.A. 22-3717 is hereby amended to read as follows: 22-
5877	5877	3717. (a) Except as otherwise provided by this section; K.S.A. 1993 Supp.
5878	5878	21-4628, prior to its repeal; K.S.A. 21-4624, 21-4635 through 21-4638 and
5879	5879	21-4642, prior to their repeal; K.S.A. 21-6617, 21-6620, 21-6623, 21-
5880	5880	6624, 21-6625 and 21-6626, and amendments thereto; and K.S.A. 8-1567,
5881	5881	and amendments thereto; an inmate, including an inmate sentenced
5882	5882	pursuant to K.S.A. 21-4618, prior to its repeal, or K.S.A. 21-6707, and
5883	5883	amendments thereto, shall be eligible for parole after serving the entire
5884	5884	minimum sentence imposed by the court, less good time credits.
5885	5885	(b) (1) An inmate sentenced to imprisonment for life without the
5886	5886	possibility of parole pursuant to K.S.A. 21-6617, and amendments thereto,
5887	5887	shall not be eligible for parole.
5888	5888	(2) Except as provided by K.S.A. 21-4635 through 21-4638, prior to
5889	5889	their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and
5890	5890	amendments thereto, an inmate sentenced to imprisonment for the crime
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5933	5933	43 SB 558 70
5934	5934	of: (A) Capital murder committed on or after July 1, 1994, shall be eligible
5935	5935	for parole after serving 25 years of confinement, without deduction of any
5936	5936	good time credits; (B) murder in the first degree based upon a finding of
5937	5937	premeditated murder committed on or after July 1, 1994, but prior to July
5938	5938	1, 2014, shall be eligible for parole after serving 25 years of confinement,
5939	5939	without deduction of any good time credits; and (C) murder in the first
5940	5940	degree as described in K.S.A. 21-5402(a)(2), and amendments thereto,
5941	5941	committed on or after July 1, 2014, shall be eligible for parole after
5942	5942	serving 25 years of confinement, without deduction of any good time
5943	5943	credits.
5944	5944	(3) Except as provided by subsections (b)(1), (b)(2) and (b)(5),
5945	5945	K.S.A. 1993 Supp. 21-4628, prior to its repeal, K.S.A. 21-4635 through
5946	5946	21-4638, prior to their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and
5947	5947	21-6625, and amendments thereto, an inmate sentenced to imprisonment
5948	5948	for an off-grid offense committed on or after July 1, 1993, but prior to July
5949	5949	1, 1999, shall be eligible for parole after serving 15 years of confinement,
5950	5950	without deduction of any good time credits and an inmate sentenced to
5951	5951	imprisonment for an off-grid offense committed on or after July 1, 1999,
5952	5952	shall be eligible for parole after serving 20 years of confinement without
5953	5953	deduction of any good time credits.
5954	5954	(4) Except as provided by K.S.A. 1993 Supp. 21-4628, prior to its
5955	5955	repeal, an inmate sentenced for a class A felony committed before July 1,
5956	5956	1993, including an inmate sentenced pursuant to K.S.A. 21-4618, prior to
5957	5957	its repeal, or K.S.A. 21-6707, and amendments thereto, shall be eligible for
5958	5958	parole after serving 15 years of confinement, without deduction of any
5959	5959	good time credits.
5960	5960	(5) An inmate sentenced to imprisonment for a violation of K.S.A.
5961	5961	21-3402(a), prior to its repeal, committed on or after July 1, 1996, but
5962	5962	prior to July 1, 1999, shall be eligible for parole after serving 10 years of
5963	5963	confinement without deduction of any good time credits.
5964	5964	(6) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
5965	5965	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto,
5966	5966	committed on or after July 1, 2006, shall be eligible for parole after
5967	5967	serving the mandatory term of imprisonment without deduction of any
5968	5968	good time credits.
5969	5969	(c) (1) Except as provided in subsection (e), if an inmate is sentenced
5970	5970	to imprisonment for more than one crime and the sentences run
5971	5971	consecutively, the inmate shall be eligible for parole after serving the total
5972	5972	of:
5973	5973	(A) The aggregate minimum sentences, as determined pursuant to
5974	5974	K.S.A. 21-4608, prior to its repeal, or K.S.A. 21-6606, and amendments
5975	5975	thereto, less good time credits for those crimes which are not class A
5976	5976	felonies; and
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6019	6019	43 SB 558 71
6020	6020	(B) an additional 15 years, without deduction of good time credits,
6021	6021	for each crime which is a class A felony.
6022	6022	(2) If an inmate is sentenced to imprisonment pursuant to K.S.A. 21-
6023	6023	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
6024	6024	crimes committed on or after July 1, 2006, the inmate shall be eligible for
6025	6025	parole after serving the mandatory term of imprisonment.
6026	6026	(d) (1) Persons sentenced for crimes, other than off-grid crimes,
6027	6027	committed on or after July 1, 1993, or persons subject to subparagraph
6028	6028	(G), will not be eligible for parole, but will be released to a mandatory
6029	6029	period of postrelease supervision upon completion of the prison portion of
6030	6030	their sentence as follows:
6031	6031	(A) Except as provided in subparagraphs (D) and (E), persons
6032	6032	sentenced for nondrug severity levels 1 through 4 crimes, drug severity
6033	6033	levels 1 and 2 crimes committed on or after July 1, 1993, but prior to July
6034	6034	1, 2012, and drug severity levels 1, 2 and 3 crimes committed on or after
6035	6035	July 1, 2012, must serve 36 months on postrelease supervision.
6036	6036	(B) Except as provided in subparagraphs (D) and (E), persons
6037	6037	sentenced for nondrug severity levels 5 and 6 crimes, drug severity level 3
6038	6038	crimes committed on or after July 1, 1993, but prior to July 1, 2012, and
6039	6039	drug severity level 4 crimes committed on or after July 1, 2012, must serve
6040	6040	24 months on postrelease supervision.
6041	6041	(C) Except as provided in subparagraphs (D) and (E), persons
6042	6042	sentenced for nondrug severity levels 7 through 10 crimes, drug severity
6043	6043	level 4 crimes committed on or after July 1, 1993, but prior to July 1,
6044	6044	2012, and drug severity level 5 crimes committed on or after July 1, 2012,
6045	6045	must serve 12 months on postrelease supervision.
6046	6046	(D) Persons sentenced to a term of imprisonment that includes a
6047	6047	sentence for a sexually violent crime as defined in K.S.A. 22-3717, and
6048	6048	amendments thereto, committed on or after July 1, 1993, but prior to July
6049	6049	1, 2006, a sexually motivated crime in which the offender has been
6050	6050	ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and
6051	6051	amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its
6052	6052	repeal, or K.S.A. 21-5509, and amendments thereto, or unlawful sexual
6053	6053	relations, K.S.A. 21-3520, prior to its repeal, or K.S.A. 21-5512, and
6054	6054	amendments thereto, shall serve the period of postrelease supervision as
6055	6055	provided in subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C), plus the amount
6056	6056	of good time and program credit earned and retained pursuant to K.S.A.
6057	6057	21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments thereto,
6058	6058	on postrelease supervision.
6059	6059	(i) If the sentencing judge finds substantial and compelling reasons to
6060	6060	impose a departure based upon a finding that the current crime of
6061	6061	conviction was sexually motivated, departure may be imposed to extend
6062	6062	the postrelease supervision to a period of up to 60 months.
6063	6063	1
6064	6064	2
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6101	6101	39
6102	6102	40
6103	6103	41
6104	6104	42
6105	6105	43 SB 558 72
6106	6106	(ii) If the sentencing judge departs from the presumptive postrelease
6107	6107	supervision period, the judge shall state on the record at the time of
6108	6108	sentencing the substantial and compelling reasons for the departure.
6109	6109	Departures in this section are subject to appeal pursuant to K.S.A. 21-
6110	6110	4721, prior to its repeal, or K.S.A. 21-6820, and amendments thereto.
6111	6111	(iii) In determining whether substantial and compelling reasons exist,
6112	6112	the court shall consider:
6113	6113	(a) Written briefs or oral arguments submitted by either the defendant
6114	6114	or the state;
6115	6115	(b) any evidence received during the proceeding;
6116	6116	(c) the presentence report, the victim's impact statement and any
6117	6117	psychological evaluation as ordered by the court pursuant to K.S.A. 21-
6118	6118	4714(e), prior to its repeal, or K.S.A. 21-6813(e), and amendments thereto;
6119	6119	and
6120	6120	(d) any other evidence the court finds trustworthy and reliable.
6121	6121	(iv) The sentencing judge may order that a psychological evaluation
6122	6122	be prepared and the recommended programming be completed by the
6123	6123	offender. The department of corrections or the prisoner review board shall
6124	6124	ensure that court ordered sex offender treatment be carried out.
6125	6125	(v) In carrying out the provisions of subsection (d)(1)(D), the court
6126	6126	shall refer to K.S.A. 21-4718, prior to its repeal, or K.S.A. 21-6817, and
6127	6127	amendments thereto.
6128	6128	(vi) Upon petition and payment of any restitution ordered pursuant to
6129	6129	K.S.A. 21-6604, and amendments thereto, the prisoner review board may
6130	6130	provide for early discharge from the postrelease supervision period
6131	6131	imposed pursuant to subsection (d)(1)(D)(i) upon completion of court
6132	6132	ordered programs and completion of the presumptive postrelease
6133	6133	supervision period, as determined by the crime of conviction, pursuant to
6134	6134	subsection (d)(1)(A), (d)(1)(B) or (d)(1)(C). Early discharge from
6135	6135	postrelease supervision is at the discretion of the board.
6136	6136	(vii) Persons convicted of crimes deemed sexually violent or sexually
6137	6137	motivated shall be registered according to the offender registration act,
6138	6138	K.S.A. 22-4901 through 22-4910, and amendments thereto.
6139	6139	(viii) Persons convicted of K.S.A. 21-3510 or 21-3511, prior to their
6140	6140	repeal, or K.S.A. 21-5508, and amendments thereto, shall be required to
6141	6141	participate in a treatment program for sex offenders during the postrelease
6142	6142	supervision period.
6143	6143	(E) The period of postrelease supervision provided in subparagraphs
6144	6144	(A) and (B) may be reduced by up to 12 months and the period of
6145	6145	postrelease supervision provided in subparagraph (C) may be reduced by
6146	6146	up to six months based on the offender's compliance with conditions of
6147	6147	supervision and overall performance while on postrelease supervision. The
6148	6148	reduction in the supervision period shall be on an earned basis pursuant to
6149	6149	1
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6188	6188	40
6189	6189	41
6190	6190	42
6191	6191	43 SB 558 73
6192	6192	rules and regulations adopted by the secretary of corrections.
6193	6193	(F) In cases where sentences for crimes from more than one severity
6194	6194	level have been imposed, the offender shall serve the longest period of
6195	6195	postrelease supervision as provided by this section available for any crime
6196	6196	upon which sentence was imposed irrespective of the severity level of the
6197	6197	crime. Supervision periods will not aggregate.
6198	6198	(G) (i) Except as provided in subsection (u), persons sentenced to
6199	6199	imprisonment for a sexually violent crime committed on or after July 1,
6200	6200	2006, when the offender was 18 years of age or older, and who are
6201	6201	released from prison, shall be released to a mandatory period of
6202	6202	postrelease supervision for the duration of the person's natural life.
6203	6203	(ii) Persons sentenced to imprisonment for a sexually violent crime
6204	6204	committed on or after the effective date of this act, when the offender was
6205	6205	under 18 years of age, and who are released from prison, shall be released
6206	6206	to a mandatory period of postrelease supervision for 60 months, plus the
6207	6207	amount of good time and program credit earned and retained pursuant to
6208	6208	K.S.A. 21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments
6209	6209	thereto.
6210	6210	(2) Persons serving a period of postrelease supervision pursuant to
6211	6211	subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C) may petition the prisoner
6212	6212	review board for early discharge. Upon payment of restitution, the prisoner
6213	6213	review board may provide for early discharge.
6214	6214	(3) Persons serving a period of incarceration for a supervision
6215	6215	violation shall not have the period of postrelease supervision modified
6216	6216	until such person is released and returned to postrelease supervision.
6217	6217	(4) Offenders whose crime of conviction was committed on or after
6218	6218	July 1, 2013, and whose probation, assignment to a community
6219	6219	correctional services program, suspension of sentence or nonprison
6220	6220	sanction is revoked pursuant to K.S.A. 22-3716(c), and amendments
6221	6221	thereto, or whose underlying prison term expires while serving a sanction
6222	6222	pursuant to K.S.A. 22-3716(c), and amendments thereto, shall serve a
6223	6223	period of postrelease supervision upon the completion of the underlying
6224	6224	prison term.
6225	6225	(5) As used in this subsection, "sexually violent crime" means:
6226	6226	(A) Rape, K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
6227	6227	amendments thereto;
6228	6228	(B) indecent liberties with a child, K.S.A. 21-3503, prior to its repeal,
6229	6229	or K.S.A. 21-5506(a), and amendments thereto;
6230	6230	(C) aggravated indecent liberties with a child, K.S.A. 21-3504, prior
6231	6231	to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
6232	6232	(D) criminal sodomy, K.S.A. 21-3505(a)(2) and (a)(3), prior to its
6233	6233	repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
6234	6234	(E) aggravated criminal sodomy, K.S.A. 21-3506, prior to its repeal,
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6274	6274	40
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6276	6276	42
6277	6277	43 SB 558 74
6278	6278	or K.S.A. 21-5504(b), and amendments thereto;
6279	6279	(F) indecent solicitation of a child, K.S.A. 21-3510, prior to its repeal,
6280	6280	or K.S.A. 21-5508(a), and amendments thereto;
6281	6281	(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, prior
6282	6282	to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
6283	6283	(H) sexual exploitation of a child, K.S.A. 21-3516, prior to its repeal,
6284	6284	or K.S.A. 21-5510, and amendments thereto;
6285	6285	(I) aggravated sexual battery, K.S.A. 21-3518, prior to its repeal, or
6286	6286	K.S.A. 21-5505(b), and amendments thereto;
6287	6287	(J) aggravated incest, K.S.A. 21-3603, prior to its repeal, or K.S.A.
6288	6288	21-5604(b), and amendments thereto;
6289	6289	(K) aggravated human trafficking, as defined in K.S.A. 21-3447,
6290	6290	prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
6291	6291	committed in whole or in part for the purpose of the sexual gratification of
6292	6292	the defendant or another;
6293	6293	(L) internet trading in child pornography, as defined in K.S.A. 21-
6294	6294	5514(a), and amendments thereto;
6295	6295	(M) aggravated internet trading in child pornography, as defined in
6296	6296	K.S.A. 21-5514(b), and amendments thereto;
6297	6297	(N) commercial sexual exploitation of a child, as defined in K.S.A.
6298	6298	21-6422, and amendments thereto; or
6299	6299	(O) an attempt, conspiracy or criminal solicitation, as defined in
6300	6300	K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
6301	6301	5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent
6302	6302	crime as defined in this section.
6303	6303	(6) As used in this subsection, "sexually motivated" means that one of
6304	6304	the purposes for which the defendant committed the crime was for the
6305	6305	purpose of the defendant's sexual gratification.
6306	6306	(e) If an inmate is sentenced to imprisonment for a crime committed
6307	6307	while on parole or conditional release, the inmate shall be eligible for
6308	6308	parole as provided by subsection (c), except that the prisoner review board
6309	6309	may postpone the inmate's parole eligibility date by assessing a penalty not
6310	6310	exceeding the period of time which could have been assessed if the
6311	6311	inmate's parole or conditional release had been violated for reasons other
6312	6312	than conviction of a crime.
6313	6313	(f) If a person is sentenced to prison for a crime committed on or after
6314	6314	July 1, 1993, while on probation, parole, conditional release or in a
6315	6315	community corrections program, for a crime committed prior to July 1,
6316	6316	1993, and the person is not eligible for retroactive application of the
6317	6317	sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
6318	6318	4724, prior to its repeal, the new sentence shall not be aggregated with the
6319	6319	old sentence, but shall begin when the person is paroled or reaches the
6320	6320	conditional release date on the old sentence. If the offender was past the
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6362	6362	42
6363	6363	43 SB 558 75
6364	6364	offender's conditional release date at the time the new offense was
6365	6365	committed, the new sentence shall not be aggregated with the old sentence
6366	6366	but shall begin when the person is ordered released by the prisoner review
6367	6367	board or reaches the maximum sentence expiration date on the old
6368	6368	sentence, whichever is earlier. The new sentence shall then be served as
6369	6369	otherwise provided by law. The period of postrelease supervision shall be
6370	6370	based on the new sentence, except that those offenders whose old sentence
6371	6371	is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp.
6372	6372	21-4628, prior to its repeal, or an indeterminate sentence with a maximum
6373	6373	term of life imprisonment, for which there is no conditional release or
6374	6374	maximum sentence expiration date, shall remain on postrelease
6375	6375	supervision for life or until discharged from supervision by the prisoner
6376	6376	review board.
6377	6377	(g) Subject to the provisions of this section, the prisoner review board
6378	6378	may release on parole those persons confined in institutions who are
6379	6379	eligible for parole when: (1) The board believes that the inmate should be
6380	6380	released for hospitalization, deportation or to answer the warrant or other
6381	6381	process of a court and is of the opinion that there is reasonable probability
6382	6382	that the inmate can be released without detriment to the community or to
6383	6383	the inmate; or (2) the secretary of corrections has reported to the board in
6384	6384	writing that the inmate has satisfactorily completed the programs required
6385	6385	by any agreement entered under K.S.A. 75-5210a, and amendments
6386	6386	thereto, or any revision of such agreement, and the board believes that the
6387	6387	inmate is able and willing to fulfill the obligations of a law abiding citizen
6388	6388	and is of the opinion that there is reasonable probability that the inmate
6389	6389	can be released without detriment to the community or to the inmate.
6390	6390	Parole shall not be granted as an award of clemency and shall not be
6391	6391	considered a reduction of sentence or a pardon.
6392	6392	(h) The prisoner review board shall hold a parole hearing at least the
6393	6393	month prior to the month an inmate will be eligible for parole under
6394	6394	subsections (a), (b) and (c). At least one month preceding the parole
6395	6395	hearing, the county or district attorney of the county where the inmate was
6396	6396	convicted shall give written notice of the time and place of the public
6397	6397	comment sessions for the inmate to any victim of the inmate's crime who
6398	6398	is alive and whose address is known to the county or district attorney or, if
6399	6399	the victim is deceased, to the victim's family if the family's address is
6400	6400	known to the county or district attorney. Except as otherwise provided,
6401	6401	failure to notify pursuant to this section shall not be a reason to postpone a
6402	6402	parole hearing. In the case of any inmate convicted of an off-grid felony or
6403	6403	a class A felony, the secretary of corrections shall give written notice of the
6404	6404	time and place of the public comment session for such inmate at least one
6405	6405	month preceding the public comment session to any victim of such
6406	6406	inmate's crime or the victim's family pursuant to K.S.A. 74-7338, and
6407	6407	1
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6409	6409	3
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6449	6449	43 SB 558 76
6450	6450	amendments thereto. If notification is not given to such victim or such
6451	6451	victim's family in the case of any inmate convicted of an off-grid felony or
6452	6452	a class A felony, the board shall postpone a decision on parole of the
6453	6453	inmate to a time at least 30 days after notification is given as provided in
6454	6454	this section. Nothing in this section shall create a cause of action against
6455	6455	the state or an employee of the state acting within the scope of the
6456	6456	employee's employment as a result of the failure to notify pursuant to this
6457	6457	section. If granted parole, the inmate may be released on parole on the date
6458	6458	specified by the board, but not earlier than the date the inmate is eligible
6459	6459	for parole under subsections (a), (b) and (c). At each parole hearing and, if
6460	6460	parole is not granted, at such intervals thereafter as it determines
6461	6461	appropriate, the board shall consider: (1) Whether the inmate has
6462	6462	satisfactorily completed the programs required by any agreement entered
6463	6463	under K.S.A. 75-5210a, and amendments thereto, or any revision of such
6464	6464	agreement; and (2) all pertinent information regarding such inmate,
6465	6465	including, but not limited to, the circumstances of the offense of the
6466	6466	inmate; the presentence report; the previous social history and criminal
6467	6467	record of the inmate; the conduct, employment, and attitude of the inmate
6468	6468	in prison; the reports of such physical and mental examinations as have
6469	6469	been made, including, but not limited to, risk factors revealed by any risk
6470	6470	assessment of the inmate; comments of the victim and the victim's family
6471	6471	including in person comments, contemporaneous comments and
6472	6472	prerecorded comments made by any technological means; comments of
6473	6473	the public; official comments; any recommendation by the staff of the
6474	6474	facility where the inmate is incarcerated; proportionality of the time the
6475	6475	inmate has served to the sentence a person would receive under the Kansas
6476	6476	sentencing guidelines for the conduct that resulted in the inmate's
6477	6477	incarceration; and capacity of state correctional institutions.
6478	6478	(i) In those cases involving inmates sentenced for a crime committed
6479	6479	after July 1, 1993, the prisoner review board will review the inmate's
6480	6480	proposed release plan. The board may schedule a hearing if they desire.
6481	6481	The board may impose any condition they deem necessary to insure public
6482	6482	safety, aid in the reintegration of the inmate into the community, or items
6483	6483	not completed under the agreement entered into under K.S.A. 75-5210a,
6484	6484	and amendments thereto. The board may not advance or delay an inmate's
6485	6485	release date. Every inmate while on postrelease supervision shall remain in
6486	6486	the legal custody of the secretary of corrections and is subject to the orders
6487	6487	of the secretary.
6488	6488	(j) (1) Before ordering the parole of any inmate, the prisoner review
6489	6489	board shall have the inmate appear either in person or via a video
6490	6490	conferencing format and shall interview the inmate unless impractical
6491	6491	because of the inmate's physical or mental condition or absence from the
6492	6492	institution. Every inmate while on parole shall remain in the legal custody
6493	6493	1
6494	6494	2
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6534	6534	42
6535	6535	43 SB 558 77
6536	6536	of the secretary of corrections and is subject to the orders of the secretary.
6537	6537	Whenever the board formally considers placing an inmate on parole and
6538	6538	no agreement has been entered into with the inmate under K.S.A. 75-
6539	6539	5210a, and amendments thereto, the board shall notify the inmate in
6540	6540	writing of the reasons for not granting parole. If an agreement has been
6541	6541	entered under K.S.A. 75-5210a, and amendments thereto, and the inmate
6542	6542	has not satisfactorily completed the programs specified in the agreement,
6543	6543	or any revision of such agreement, the board shall notify the inmate in
6544	6544	writing of the specific programs the inmate must satisfactorily complete
6545	6545	before parole will be granted. If parole is not granted only because of a
6546	6546	failure to satisfactorily complete such programs, the board shall grant
6547	6547	parole upon the secretary's certification that the inmate has successfully
6548	6548	completed such programs. If an agreement has been entered under K.S.A.
6549	6549	75-5210a, and amendments thereto, and the secretary of corrections has
6550	6550	reported to the board in writing that the inmate has satisfactorily
6551	6551	completed the programs required by such agreement, or any revision
6552	6552	thereof, the board shall not require further program participation.
6553	6553	However, if the board determines that other pertinent information
6554	6554	regarding the inmate warrants the inmate's not being released on parole,
6555	6555	the board shall state in writing the reasons for not granting the parole. If
6556	6556	parole is denied for an inmate sentenced for a crime other than a class A or
6557	6557	class B felony or an off-grid felony, the board shall hold another parole
6558	6558	hearing for the inmate not later than one year after the denial unless the
6559	6559	board finds that it is not reasonable to expect that parole would be granted
6560	6560	at a hearing if held in the next three years or during the interim period of a
6561	6561	deferral. In such case, the board may defer subsequent parole hearings for
6562	6562	up to three years but any such deferral by the board shall require the board
6563	6563	to state the basis for its findings. If parole is denied for an inmate
6564	6564	sentenced for a class A or class B felony or an off-grid felony, the board
6565	6565	shall hold another parole hearing for the inmate not later than three years
6566	6566	after the denial unless the board finds that it is not reasonable to expect
6567	6567	that parole would be granted at a hearing if held in the next 10 years or
6568	6568	during the interim period of a deferral. In such case, the board may defer
6569	6569	subsequent parole hearings for up to 10 years, but any such deferral shall
6570	6570	require the board to state the basis for its findings.
6571	6571	(2) Inmates sentenced for a class A or class B felony who have not
6572	6572	had a board hearing in the five years prior to July 1, 2010, shall have such
6573	6573	inmates' cases reviewed by the board on or before July 1, 2012. Such
6574	6574	review shall begin with the inmates with the oldest deferral date and
6575	6575	progress to the most recent. Such review shall be done utilizing existing
6576	6576	resources unless the board determines that such resources are insufficient.
6577	6577	If the board determines that such resources are insufficient, then the
6578	6578	provisions of this paragraph are subject to appropriations therefor.
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6622	6622	(k) (1) Parolees and persons on postrelease supervision shall be
6623	6623	assigned, upon release, to the appropriate level of supervision pursuant to
6624	6624	the criteria established by the secretary of corrections.
6625	6625	(2) Parolees and persons on postrelease supervision are, and shall
6626	6626	agree in writing to be, subject to searches of the person and the person's
6627	6627	effects, vehicle, residence and property by a parole officer or a department
6628	6628	of corrections enforcement, apprehension and investigation officer, at any
6629	6629	time of the day or night, with or without a search warrant and with or
6630	6630	without cause. Nothing in this subsection shall be construed to authorize
6631	6631	such officers to conduct arbitrary or capricious searches or searches for the
6632	6632	sole purpose of harassment.
6633	6633	(3) Parolees and persons on postrelease supervision are, and shall
6634	6634	agree in writing to be, subject to searches of the person and the person's
6635	6635	effects, vehicle, residence and property by any law enforcement officer
6636	6636	based on reasonable suspicion of the person violating conditions of parole
6637	6637	or postrelease supervision or reasonable suspicion of criminal activity. Any
6638	6638	law enforcement officer who conducts such a search shall submit a written
6639	6639	report to the appropriate parole officer no later than the close of the next
6640	6640	business day after such search. The written report shall include the facts
6641	6641	leading to such search, the scope of such search and any findings resulting
6642	6642	from such search.
6643	6643	(l) The prisoner review board shall promulgate rules and regulations
6644	6644	in accordance with K.S.A. 77-415 et seq., and amendments thereto, not
6645	6645	inconsistent with the law and as it may deem proper or necessary, with
6646	6646	respect to the conduct of parole hearings, postrelease supervision reviews,
6647	6647	revocation hearings, orders of restitution, reimbursement of expenditures
6648	6648	by the state board of indigents' defense services and other conditions to be
6649	6649	imposed upon parolees or releasees. Whenever an order for parole or
6650	6650	postrelease supervision is issued it shall recite the conditions thereof.
6651	6651	(m) Whenever the prisoner review board orders the parole of an
6652	6652	inmate or establishes conditions for an inmate placed on postrelease
6653	6653	supervision, the board:
6654	6654	(1) Unless it finds compelling circumstances that would render a plan
6655	6655	of payment unworkable, shall order as a condition of parole or postrelease
6656	6656	supervision that the parolee or the person on postrelease supervision pay
6657	6657	any transportation expenses resulting from returning the parolee or the
6658	6658	person on postrelease supervision to this state to answer criminal charges
6659	6659	or a warrant for a violation of a condition of probation, assignment to a
6660	6660	community correctional services program, parole, conditional release or
6661	6661	postrelease supervision;
6662	6662	(2) to the extent practicable, shall order as a condition of parole or
6663	6663	postrelease supervision that the parolee or the person on postrelease
6664	6664	supervision make progress towards or successfully complete the
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6707	6707	43 SB 558 79
6708	6708	equivalent of a secondary education if the inmate has not previously
6709	6709	completed such educational equivalent and is capable of doing so;
6710	6710	(3) may order that the parolee or person on postrelease supervision
6711	6711	perform community or public service work for local governmental
6712	6712	agencies, private corporations organized not-for-profit or charitable or
6713	6713	social service organizations performing services for the community;
6714	6714	(4) may order the parolee or person on postrelease supervision to pay
6715	6715	the administrative fee imposed pursuant to K.S.A. 22-4529, and
6716	6716	amendments thereto, unless the board finds compelling circumstances that
6717	6717	would render payment unworkable;
6718	6718	(5) unless it finds compelling circumstances that would render a plan
6719	6719	of payment unworkable, shall order that the parolee or person on
6720	6720	postrelease supervision reimburse the state for all or part of the
6721	6721	expenditures by the state board of indigents' defense services to provide
6722	6722	counsel and other defense services to the person. In determining the
6723	6723	amount and method of payment of such sum, the prisoner review board
6724	6724	shall take account of the financial resources of the person and the nature of
6725	6725	the burden that the payment of such sum will impose. Such amount shall
6726	6726	not exceed the amount claimed by appointed counsel on the payment
6727	6727	voucher for indigents' defense services or the amount prescribed by the
6728	6728	board of indigents' defense services reimbursement tables as provided in
6729	6729	K.S.A. 22-4522, and amendments thereto, whichever is less, minus any
6730	6730	previous payments for such services;
6731	6731	(6) shall order that the parolee or person on postrelease supervision
6732	6732	agree in writing to be subject to searches of the person and the person's
6733	6733	effects, vehicle, residence and property by a parole officer or a department
6734	6734	of corrections enforcement, apprehension and investigation officer, at any
6735	6735	time of the day or night, with or without a search warrant and with or
6736	6736	without cause. Nothing in this subsection shall be construed to authorize
6737	6737	such officers to conduct arbitrary or capricious searches or searches for the
6738	6738	sole purpose of harassment; and
6739	6739	(7) shall order that the parolee or person on postrelease supervision
6740	6740	agree in writing to be subject to searches of the person and the person's
6741	6741	effects, vehicle, residence and property by any law enforcement officer
6742	6742	based on reasonable suspicion of the person violating conditions of parole
6743	6743	or postrelease supervision or reasonable suspicion of criminal activity.
6744	6744	(n) If the court that sentenced an inmate specified at the time of
6745	6745	sentencing the amount and the recipient of any restitution ordered as a
6746	6746	condition of parole or postrelease supervision, the prisoner review board
6747	6747	shall order as a condition of parole or postrelease supervision that the
6748	6748	inmate pay restitution in the amount and manner provided in the journal
6749	6749	entry unless the board finds compelling circumstances that would render a
6750	6750	plan of restitution unworkable.
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6794	6794	(o) Whenever the prisoner review board grants the parole of an
6795	6795	inmate, the board, within 14 days of the date of the decision to grant
6796	6796	parole, shall give written notice of the decision to the county or district
6797	6797	attorney of the county where the inmate was sentenced.
6798	6798	(p) When an inmate is to be released on postrelease supervision, the
6799	6799	secretary, within 30 days prior to release, shall provide the county or
6800	6800	district attorney of the county where the inmate was sentenced written
6801	6801	notice of the release date.
6802	6802	(q) Inmates shall be released on postrelease supervision upon the
6803	6803	termination of the prison portion of their sentence. Time served while on
6804	6804	postrelease supervision will vest.
6805	6805	(r) An inmate who is allocated regular good time credits as provided
6806	6806	in K.S.A. 22-3725, and amendments thereto, may receive meritorious
6807	6807	good time credits in increments of not more than 90 days per meritorious
6808	6808	act. These credits may be awarded by the secretary of corrections when an
6809	6809	inmate has acted in a heroic or outstanding manner in coming to the
6810	6810	assistance of another person in a life-threatening situation, preventing
6811	6811	injury or death to a person, preventing the destruction of property or taking
6812	6812	actions that result in a financial savings to the state.
6813	6813	(s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and
6814	6814	(d)(1)(E) shall be applied retroactively as provided in subsection (t).
6815	6815	(t) For offenders sentenced prior to July 1, 2014, who are eligible for
6816	6816	modification of their postrelease supervision obligation, the department of
6817	6817	corrections shall modify the period of postrelease supervision as provided
6818	6818	for by this section:
6819	6819	(1) On or before September 1, 2013, for offenders convicted of:
6820	6820	(A) Severity levels 9 and 10 crimes on the sentencing guidelines grid
6821	6821	for nondrug crimes;
6822	6822	(B) severity level 4 crimes on the sentencing guidelines grid for drug
6823	6823	crimes committed prior to July 1, 2012; and
6824	6824	(C) severity level 5 crimes on the sentencing guidelines grid for drug
6825	6825	crimes committed on and after July 1, 2012;
6826	6826	(2) on or before November 1, 2013, for offenders convicted of:
6827	6827	(A) Severity levels 6, 7 and 8 crimes on the sentencing guidelines
6828	6828	grid for nondrug crimes;
6829	6829	(B) level 3 crimes on the sentencing guidelines grid for drug crimes
6830	6830	committed prior to July 1, 2012; and
6831	6831	(C) level 4 crimes on the sentencing guidelines grid for drug crimes
6832	6832	committed on or after July 1, 2012; and
6833	6833	(3) on or before January 1, 2014, for offenders convicted of:
6834	6834	(A) Severity levels 1, 2, 3, 4 and 5 crimes on the sentencing
6835	6835	guidelines grid for nondrug crimes;
6836	6836	(B) severity levels 1 and 2 crimes on the sentencing guidelines grid
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6880	6880	for drug crimes committed at any time; and
6881	6881	(C) severity level 3 crimes on the sentencing guidelines grid for drug
6882	6882	crimes committed on or after July 1, 2012.
6883	6883	(u) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
6884	6884	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
6885	6885	crimes committed on or after July 1, 2006, shall be placed on parole for
6886	6886	life and shall not be discharged from supervision by the prisoner review
6887	6887	board. When the board orders the parole of an inmate pursuant to this
6888	6888	subsection, the board shall order as a condition of parole that the inmate be
6889	6889	electronically monitored for the duration of the inmate's natural life.
6890	6890	(v) Whenever the prisoner review board orders a person to be
6891	6891	electronically monitored pursuant to this section, or the court orders a
6892	6892	person to be electronically monitored pursuant to K.S.A. 21-6604(r), and
6893	6893	amendments thereto, the board shall order the person to reimburse the state
6894	6894	for all or part of the cost of such monitoring. In determining the amount
6895	6895	and method of payment of such sum, the board shall take account of the
6896	6896	financial resources of the person and the nature of the burden that the
6897	6897	payment of such sum will impose.
6898	6898	(w) (1) On and after July 1, 2012, for any inmate who is a sex
6899	6899	offender, as defined in K.S.A. 22-4902, and amendments thereto,
6900	6900	whenever the prisoner review board orders the parole of such inmate or
6901	6901	establishes conditions for such inmate placed on postrelease supervision,
6902	6902	such inmate shall agree in writing to not possess pornographic materials.
6903	6903	(A) As used in this subsection, "pornographic materials" means any
6904	6904	obscene material or performance depicting sexual conduct, sexual contact
6905	6905	or a sexual performance; and any visual depiction of sexually explicit
6906	6906	conduct.
6907	6907	(B) As used in this subsection, all other terms have the meanings
6908	6908	provided by K.S.A. 21-5510, and amendments thereto.
6909	6909	(2) The provisions of this subsection shall be applied retroactively to
6910	6910	every sex offender, as defined in K.S.A. 22-4902, and amendments
6911	6911	thereto, who is on parole or postrelease supervision on July 1, 2012. The
6912	6912	prisoner review board shall obtain the written agreement required by this
6913	6913	subsection from such offenders as soon as practicable.
6914	6914	(x) For any parolee or person on postrelease supervision who has
6915	6915	been issued a valid identification card pursuant to section 9, and
6916	6916	amendments thereto, the prisoner review board shall not order any
6917	6917	condition that prohibits such parolee or person on postrelease supervision
6918	6918	from purchasing, possessing or consuming medical cannabis or medical
6919	6919	cannabis products, as such terms are defined in section 2, and
6920	6920	amendments thereto, in accordance with the Kansas medical cannabis act,
6921	6921	section 1 et seq., and amendments thereto.
6922	6922	Sec. 84. K.S.A. 23-3201 is hereby amended to read as follows: 23-
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6965	6965	43 SB 558 82
6966	6966	3201. (a) The court shall determine legal custody, residency and parenting
6967	6967	time of a child in accordance with the best interests of the child.
6968	6968	(b) The court shall not consider the fact that a parent consumes
6969	6969	medical cannabis or medical cannabis products, as defined in section 2,
6970	6970	and amendments thereto, in accordance with the Kansas medical cannabis
6971	6971	act, section 1 et seq., and amendments thereto, when determining the legal
6972	6972	custody, residency or parenting time of a child.
6973	6973	Sec. 85. K.S.A. 38-2269 is hereby amended to read as follows: 38-
6974	6974	2269. (a) When the child has been adjudicated to be a child in need of
6975	6975	care, the court may terminate parental rights or appoint a permanent
6976	6976	custodian when the court finds by clear and convincing evidence that the
6977	6977	parent is unfit by reason of conduct or condition which renders the parent
6978	6978	unable to care properly for a child and the conduct or condition is unlikely
6979	6979	to change in the foreseeable future.
6980	6980	(b) In making a determination of unfitness the court shall consider,
6981	6981	but is not limited to, the following, if applicable:
6982	6982	(1) Emotional illness, mental illness, mental deficiency or physical
6983	6983	disability of the parent, of such duration or nature as to render the parent
6984	6984	unable to care for the ongoing physical, mental and emotional needs of the
6985	6985	child;
6986	6986	(2) conduct toward a child of a physically, emotionally or sexually
6987	6987	cruel or abusive nature;
6988	6988	(3) the use of intoxicating liquors or narcotic or dangerous drugs of
6989	6989	such duration or nature as to render the parent unable to care for the
6990	6990	ongoing physical, mental or emotional needs of the child, except that the
6991	6991	use of medical cannabis or medical cannabis products, as defined in
6992	6992	section 2, and amendments thereto, in accordance with the Kansas
6993	6993	medical cannabis act, section 1 et seq., and amendments thereto, shall not
6994	6994	be considered to render the parent unable to care for the ongoing physical,
6995	6995	mental or emotional needs of the child;
6996	6996	(4) physical, mental or emotional abuse or neglect or sexual abuse of
6997	6997	a child;
6998	6998	(5) conviction of a felony and imprisonment;
6999	6999	(6) unexplained injury or death of another child or stepchild of the
7000	7000	parent or any child in the care of the parent at the time of injury or death;
7001	7001	(7) failure of reasonable efforts made by appropriate public or private
7002	7002	agencies to rehabilitate the family;
7003	7003	(8) lack of effort on the part of the parent to adjust the parent's
7004	7004	circumstances, conduct or conditions to meet the needs of the child; and
7005	7005	(9) whether, as a result of the actions or inactions attributable to the
7006	7006	parent and one or more of the factors listed in subsection (c) apply, the
7007	7007	child has been in the custody of the secretary and placed with neither
7008	7008	parent for 15 of the most recent 22 months beginning 60 days after the
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7051	7051	43 SB 558 83
7052	7052	date on which a child in the secretary's custody was removed from the
7053	7053	child's home.
7054	7054	(c) In addition to the foregoing, when a child is not in the physical
7055	7055	custody of a parent, the court, shall consider, but is not limited to, the
7056	7056	following:
7057	7057	(1) Failure to assure care of the child in the parental home when able
7058	7058	to do so;
7059	7059	(2) failure to maintain regular visitation, contact or communication
7060	7060	with the child or with the custodian of the child;
7061	7061	(3) failure to carry out a reasonable plan approved by the court
7062	7062	directed toward the integration of the child into a parental home; and
7063	7063	(4) failure to pay a reasonable portion of the cost of substitute
7064	7064	physical care and maintenance based on ability to pay.
7065	7065	In making the above determination, the court may disregard incidental
7066	7066	visitations, contacts, communications or contributions.
7067	7067	(d) A finding of unfitness may be made as provided in this section if
7068	7068	the court finds that the parents have abandoned the child, the custody of
7069	7069	the child was surrendered pursuant to K.S.A. 38-2282, and amendments
7070	7070	thereto, or the child was left under such circumstances that the identity of
7071	7071	the parents is unknown and cannot be ascertained, despite diligent
7072	7072	searching, and the parents have not come forward to claim the child within
7073	7073	three months after the child is found.
7074	7074	(e) If a person is convicted of a felony in which sexual intercourse
7075	7075	occurred, or if a juvenile is adjudicated a juvenile offender because of an
7076	7076	act which, if committed by an adult, would be a felony in which sexual
7077	7077	intercourse occurred, and as a result of the sexual intercourse, a child is
7078	7078	conceived, a finding of unfitness may be made.
7079	7079	(f) The existence of any one of the above factors standing alone may,
7080	7080	but does not necessarily, establish grounds for termination of parental
7081	7081	rights.
7082	7082	(g) (1) If the court makes a finding of unfitness, the court shall
7083	7083	consider whether termination of parental rights as requested in the petition
7084	7084	or motion is in the best interests of the child. In making the determination,
7085	7085	the court shall give primary consideration to the physical, mental and
7086	7086	emotional health of the child. If the physical, mental or emotional needs of
7087	7087	the child would best be served by termination of parental rights, the court
7088	7088	shall so order. A termination of parental rights under the code shall not
7089	7089	terminate the right of a child to inherit from or through a parent. Upon
7090	7090	such termination all rights of the parent to such child, including, such
7091	7091	parent's right to inherit from or through such child, shall cease.
7092	7092	(2) If the court terminates parental rights, the court may authorize
7093	7093	adoption pursuant to K.S.A. 38-2270, and amendments thereto,
7094	7094	appointment of a permanent custodian pursuant to K.S.A. 38-2272, and
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7137	7137	43 SB 558 84
7138	7138	amendments thereto, or continued permanency planning.
7139	7139	(3) If the court does not terminate parental rights, the court may
7140	7140	authorize appointment of a permanent custodian pursuant to K.S.A. 38-
7141	7141	2272, and amendments thereto, or continued permanency planning.
7142	7142	(h) If a parent is convicted of an offense as provided in K.S.A. 38-
7143	7143	2271(a)(7), and amendments thereto, or is adjudicated a juvenile offender
7144	7144	because of an act which if committed by an adult would be an offense as
7145	7145	provided in K.S.A. 38-2271(a)(7), and amendments thereto, and if the
7146	7146	victim was the other parent of a child, the court may disregard such
7147	7147	convicted or adjudicated parent's opinions or wishes in regard to the
7148	7148	placement of such child.
7149	7149	(i) A record shall be made of the proceedings.
7150	7150	(j) When adoption, proceedings to appoint a permanent custodian or
7151	7151	continued permanency planning has been authorized, the person or agency
7152	7152	awarded custody of the child shall within 30 days submit a written plan for
7153	7153	permanent placement which shall include measurable objectives and time
7154	7154	schedules.
7155	7155	Sec. 86. K.S.A. 44-501 is hereby amended to read as follows: 44-501.
7156	7156	(a) (1) Compensation for an injury shall be disallowed if such injury to the
7157	7157	employee results from:
7158	7158	(A) The employee's deliberate intention to cause such injury;
7159	7159	(B) the employee's willful failure to use a guard or protection against
7160	7160	accident or injury which is required pursuant to any statute and provided
7161	7161	for the employee;
7162	7162	(C) the employee's willful failure to use a reasonable and proper
7163	7163	guard and protection voluntarily furnished the employee by the employer;
7164	7164	(D) the employee's reckless violation of their employer's workplace
7165	7165	safety rules or regulations; or
7166	7166	(E) the employee's voluntary participation in fighting or horseplay
7167	7167	with a co-employee for any reason, work related or otherwise.
7168	7168	(2) Subparagraphs (B) and (C) of paragraph (1) of subsection
7169	7169	(a)Subsections (a)(1)(B) and (a)(1)(C) shall not apply when it was
7170	7170	reasonable under the totality of the circumstances to not use such
7171	7171	equipment, or if the employer approved the work engaged in at the time of
7172	7172	an accident or injury to be performed without such equipment.
7173	7173	(b) (1) (A) The employer shall not be liable under the workers
7174	7174	compensation act where the injury, disability or death was contributed to
7175	7175	by the employee's use or consumption of alcohol or any drugs, chemicals
7176	7176	or any other compounds or substances, including, but not limited to, any
7177	7177	drugs or medications which that are available to the public without a
7178	7178	prescription from a health care provider, prescription drugs or medications,
7179	7179	any form or type of narcotic drugs, marijuana, stimulants, depressants or
7180	7180	hallucinogens.
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7223	7223	43 SB 558 85
7224	7224	(B) (i) In the case of drugs or medications which are available to the
7225	7225	public without a prescription from a health care provider and prescription
7226	7226	drugs or medications, compensation shall not be denied if the employee
7227	7227	can show that such drugs or medications were being taken or used in
7228	7228	therapeutic doses and there have been no prior incidences of the
7229	7229	employee's impairment on the job as the result of the use of such drugs or
7230	7230	medications within the previous 24 months.
7231	7231	(ii) In the case of cannabis, including any cannabis derivatives,
7232	7232	compensation shall not be denied if the employee has been issued a valid
7233	7233	identification card pursuant to the Kansas medical cannabis act, section 1
7234	7234	et seq., and amendments thereto, such cannabis or cannabis derivative
7235	7235	was used in accordance with such act, and there has been no prior
7236	7236	incidence of the employee's impairment on the job as a result of the use of
7237	7237	such cannabis or cannabis derivative within the immediately preceding 24
7238	7238	months.
7239	7239	(C) It shall be conclusively presumed that the employee was impaired
7240	7240	due to alcohol or drugs if it is shown that, at the time of the injury, the
7241	7241	employee had an alcohol concentration of .04 or more, or a GCMS
7242	7242	confirmatory test by quantitative analysis showing a concentration at or
7243	7243	above the levels shown on the following chart for the drugs of abuse listed:
7244	7244	Confirmatory
7245	7245	test cutoff
7246	7246	levels (ng/ml)
7247	7247	Marijuana metabolite
7248	7248	1
7249	7249	..............................................................15
7250	7250	Cocaine metabolite
7251	7251	2
7252	7252	..................................................................150
7253	7253	Opiates:
7254	7254	Morphine .............................................................................2000
7255	7255	Codeine ...............................................................................2000
7256	7256	6-Acetylmorphine
7257	7257	4 3
7258	7258	..................................................................10 ng/ml
7259	7259	Phencyclidine ...........................................................................25
7260	7260	Amphetamines:
7261	7261	Amphetamine ......................................................................500
7262	7262	Methamphetamine
7263	7263	34
7264	7264	.............................................................500
7265	7265	1
7266	7266	Delta-9-tetrahydrocannabinol-9-carboxylic acid.
7267	7267	2
7268	7268	Benzoylecgonine.
7269	7269	3
7270	7270	Specimen must also contain amphetamine at a concentration greater
7271	7271	than or equal to 200 ng/mlTest for 6-AM when morphine concentration
7272	7272	exceeds 2,000 ng/ml.
7273	7273	4
7274	7274	Test for 6-AM when morphine concentration exceeds 2,000
7275	7275	ng/mlSpecimen must also contain amphetamine at a concentration
7276	7276	greater than or equal to 200 ng/ml.
7277	7277	(D) If it is shown that the employee was impaired pursuant to
7278	7278	subsection (b)(1)(C) at the time of the injury, there shall be a rebuttable
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7320	7320	42
7321	7321	43 SB 558 86
7322	7322	presumption that the accident, injury, disability or death was contributed to
7323	7323	by such impairment. The employee may overcome the presumption of
7324	7324	contribution by clear and convincing evidence.
7325	7325	(E) An employee's refusal to submit to a chemical test at the request
7326	7326	of the employer shall result in the forfeiture of benefits under the workers
7327	7327	compensation act if the employer had sufficient cause to suspect the use of
7328	7328	alcohol or drugs by the claimant or if the employer's policy clearly
7329	7329	authorizes post-injury testing.
7330	7330	(2) The results of a chemical test shall be admissible evidence to
7331	7331	prove impairment if the employer establishes that the testing was done
7332	7332	under any of the following circumstances:
7333	7333	(A) As a result of an employer mandated drug testing policy, in place
7334	7334	in writing prior to the date of accident or injury, requiring any worker to
7335	7335	submit to testing for drugs or alcohol;
7336	7336	(B) during an autopsy or in the normal course of medical treatment
7337	7337	for reasons related to the health and welfare of the injured worker and not
7338	7338	at the direction of the employer;
7339	7339	(C) the worker, prior to the date and time of the accident or injury,
7340	7340	gave written consent to the employer that the worker would voluntarily
7341	7341	submit to a chemical test for drugs or alcohol following any accident or
7342	7342	injury;
7343	7343	(D) the worker voluntarily agrees to submit to a chemical test for
7344	7344	drugs or alcohol following any accident or injury; or
7345	7345	(E) as a result of federal or state law or a federal or state rule or
7346	7346	regulation having the force and effect of law requiring a post-injury testing
7347	7347	program and such required program was properly implemented at the time
7348	7348	of testing.
7349	7349	(3) Notwithstanding subsection (b)(2), the results of a chemical test
7350	7350	performed on a sample collected by an employer shall not be admissible
7351	7351	evidence to prove impairment unless the following conditions are met:
7352	7352	(A) The test sample was collected within a reasonable time following
7353	7353	the accident or injury;
7354	7354	(B) the collecting and labeling of the test sample was performed by or
7355	7355	under the supervision of a licensed health care professional;
7356	7356	(C) the test was performed by a laboratory approved by the United
7357	7357	States department of health and human services or licensed by the
7358	7358	department of health and environment, except that a blood sample may be
7359	7359	tested for alcohol content by a laboratory commonly used for that purpose
7360	7360	by state law enforcement agencies;
7361	7361	(D) the test was confirmed by gas chromatography-mass
7362	7362	spectroscopy or other comparably reliable analytical method, except that
7363	7363	no such confirmation is required for a blood alcohol sample;
7364	7364	(E) the foundation evidence must establish, beyond a reasonable
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7407	7407	43 SB 558 87
7408	7408	doubt, that the test results were from the sample taken from the employee;
7409	7409	and
7410	7410	(F) a split sample sufficient for testing shall be retained and made
7411	7411	available to the employee within 48 hours of a positive test.
7412	7412	(c) (1) Except as provided in paragraph (2), compensation shall not
7413	7413	be paid in case of coronary or coronary artery disease or cerebrovascular
7414	7414	injury unless it is shown that the exertion of the work necessary to
7415	7415	precipitate the disability was more than the employee's usual work in the
7416	7416	course of the employee's regular employment.
7417	7417	(2) For events occurring on or after July 1, 2014, in the case of a
7418	7418	firefighter as defined by K.S.A. 40-1709(b)(1), and amendments thereto,
7419	7419	or a law enforcement officer as defined by K.S.A. 74-5602, and
7420	7420	amendments thereto, coronary or coronary artery disease or
7421	7421	cerebrovascular injury shall be compensable if:
7422	7422	(A) The injury can be identified as caused by a specific event
7423	7423	occurring in the course and scope of employment;
7424	7424	(B) the coronary or cerebrovascular injury occurred within 24 hours
7425	7425	of the specific event; and
7426	7426	(C) the specific event was the prevailing factor in causing the
7427	7427	coronary or coronary artery disease or cerebrovascular injury.
7428	7428	(d) Except as provided in the workers compensation act, no
7429	7429	construction design professional who is retained to perform professional
7430	7430	services on a construction project or any employee of a construction
7431	7431	design professional who is assisting or representing the construction
7432	7432	design professional in the performance of professional services on the site
7433	7433	of the construction project, shall be liable for any injury resulting from the
7434	7434	employer's failure to comply with safety standards on the construction
7435	7435	project for which compensation is recoverable under the workers
7436	7436	compensation act, unless responsibility for safety practices is specifically
7437	7437	assumed by contract. The immunity provided by this subsection to any
7438	7438	construction design professional shall not apply to the negligent
7439	7439	preparation of design plans or specifications.
7440	7440	(e) An award of compensation for permanent partial impairment,
7441	7441	work disability, or permanent total disability shall be reduced by the
7442	7442	amount of functional impairment determined to be preexisting. Any such
7443	7443	reduction shall not apply to temporary total disability, nor shall it apply to
7444	7444	compensation for medical treatment.
7445	7445	(1) Where workers compensation benefits have previously been
7446	7446	awarded through settlement or judicial or administrative determination in
7447	7447	Kansas, the percentage basis of the prior settlement or award shall
7448	7448	conclusively establish the amount of functional impairment determined to
7449	7449	be preexisting. Where workers compensation benefits have not previously
7450	7450	been awarded through settlement or judicial or administrative
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7492	7492	42
7493	7493	43 SB 558 88
7494	7494	determination in Kansas, the amount of preexisting functional impairment
7495	7495	shall be established by competent evidence.
7496	7496	(2) In all cases, the applicable reduction shall be calculated as
7497	7497	follows:
7498	7498	(A) If the preexisting impairment is the result of injury sustained
7499	7499	while working for the employer against whom workers compensation
7500	7500	benefits are currently being sought, any award of compensation shall be
7501	7501	reduced by the current dollar value attributable under the workers
7502	7502	compensation act to the percentage of functional impairment determined to
7503	7503	be preexisting. The "current dollar value" shall be calculated by
7504	7504	multiplying the percentage of preexisting impairment by the compensation
7505	7505	rate in effect on the date of the accident or injury against which the
7506	7506	reduction will be applied.
7507	7507	(B) In all other cases, the employer against whom benefits are
7508	7508	currently being sought shall be entitled to a credit for the percentage of
7509	7509	preexisting impairment.
7510	7510	(f) If the employee receives, whether periodically or by lump sum,
7511	7511	retirement benefits under the federal social security act or retirement
7512	7512	benefits from any other retirement system, program, policy or plan which
7513	7513	is provided by the employer against which the claim is being made, any
7514	7514	compensation benefit payments which the employee is eligible to receive
7515	7515	under the workers compensation act for such claim shall be reduced by the
7516	7516	weekly equivalent amount of the total amount of all such retirement
7517	7517	benefits, less any portion of any such retirement benefit, other than
7518	7518	retirement benefits under the federal social security act, that is attributable
7519	7519	to payments or contributions made by the employee, but in no event shall
7520	7520	the workers compensation benefit be less than the workers compensation
7521	7521	benefit payable for the employee's percentage of functional impairment.
7522	7522	Where the employee elects to take retirement benefits in a lump sum, the
7523	7523	lump sum payment shall be amortized at the rate of 4% per year over the
7524	7524	employee's life expectancy to determine the weekly equivalent value of the
7525	7525	benefits.
7526	7526	Sec. 87. K.S.A. 44-706 is hereby amended to read as follows: 44-706.
7527	7527	The secretary shall examine whether an individual has separated from
7528	7528	employment for each week claimed. The secretary shall apply the
7529	7529	provisions of this section to the individual's most recent employment prior
7530	7530	to the week claimed. An individual shall be disqualified for benefits:
7531	7531	(a) If the individual left work voluntarily without good cause
7532	7532	attributable to the work or the employer, subject to the other provisions of
7533	7533	this subsection. For purposes of this subsection, "good cause" is cause of
7534	7534	such gravity that would impel a reasonable, not supersensitive, individual
7535	7535	exercising ordinary common sense to leave employment. Good cause
7536	7536	requires a showing of good faith of the individual leaving work, including
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7579	7579	43 SB 558 89
7580	7580	the presence of a genuine desire to work. Failure to return to work after
7581	7581	expiration of approved personal or medical leave, or both, shall be
7582	7582	considered a voluntary resignation. After a temporary job assignment,
7583	7583	failure of an individual to affirmatively request an additional assignment
7584	7584	on the next succeeding workday, if required by the employment
7585	7585	agreement, after completion of a given work assignment, shall constitute
7586	7586	leaving work voluntarily. The disqualification shall begin the day
7587	7587	following the separation and shall continue until after the individual has
7588	7588	become reemployed and has had earnings from insured work of at least
7589	7589	three times the individual's weekly benefit amount. An individual shall not
7590	7590	be disqualified under this subsection if:
7591	7591	(1) The individual was forced to leave work because of illness or
7592	7592	injury upon the advice of a licensed and practicing health care provider
7593	7593	and, upon learning of the necessity for absence, immediately notified the
7594	7594	employer thereof, or the employer consented to the absence, and after
7595	7595	recovery from the illness or injury, when recovery was certified by a
7596	7596	practicing health care provider, the individual returned to the employer and
7597	7597	offered to perform services and the individual's regular work or
7598	7598	comparable and suitable work was not available. As used in this paragraph
7599	7599	"health care provider" means any person licensed by the proper licensing
7600	7600	authority of any state to engage in the practice of medicine and surgery,
7601	7601	osteopathy, chiropractic, dentistry, optometry, podiatry or psychology;
7602	7602	(2) the individual left temporary work to return to the regular
7603	7603	employer;
7604	7604	(3) the individual left work to enlist in the armed forces of the United
7605	7605	States, but was rejected or delayed from entry;
7606	7606	(4) the spouse of an individual who is a member of the armed forces
7607	7607	of the United States who left work because of the voluntary or involuntary
7608	7608	transfer of the individual's spouse from one job to another job, which is for
7609	7609	the same employer or for a different employer, at a geographic location
7610	7610	which makes it unreasonable for the individual to continue work at the
7611	7611	individual's job. For the purposes of this provision the term "armed forces"
7612	7612	means active duty in the army, navy, marine corps, air force, coast guard or
7613	7613	any branch of the military reserves of the United States;
7614	7614	(5) the individual left work because of hazardous working conditions;
7615	7615	in determining whether or not working conditions are hazardous for an
7616	7616	individual, the degree of risk involved to the individual's health, safety and
7617	7617	morals, the individual's physical fitness and prior training and the working
7618	7618	conditions of workers engaged in the same or similar work for the same
7619	7619	and other employers in the locality shall be considered; as used in this
7620	7620	paragraph, "hazardous working conditions" means working conditions that
7621	7621	could result in a danger to the physical or mental well-being of the
7622	7622	individual; each determination as to whether hazardous working
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7664	7664	42
7665	7665	43 SB 558 90
7666	7666	conditions exist shall include, but shall not be limited to, a consideration
7667	7667	of: (A) The safety measures used or the lack thereof; and (B) the condition
7668	7668	of equipment or lack of proper equipment; no work shall be considered
7669	7669	hazardous if the working conditions surrounding the individual's work are
7670	7670	the same or substantially the same as the working conditions generally
7671	7671	prevailing among individuals performing the same or similar work for
7672	7672	other employers engaged in the same or similar type of activity;
7673	7673	(6) the individual left work to enter training approved under section
7674	7674	236(a)(1) of the federal trade act of 1974, provided the work left is not of a
7675	7675	substantially equal or higher skill level than the individual's past adversely
7676	7676	affected employment, as defined for purposes of the federal trade act of
7677	7677	1974, and wages for such work are not less than 80% of the individual's
7678	7678	average weekly wage as determined for the purposes of the federal trade
7679	7679	act of 1974;
7680	7680	(7) the individual left work because of unwelcome harassment of the
7681	7681	individual by the employer or another employee of which the employing
7682	7682	unit had knowledge and that would impel the average worker to give up
7683	7683	such worker's employment;
7684	7684	(8) the individual left work to accept better work; each determination
7685	7685	as to whether or not the work accepted is better work shall include, but
7686	7686	shall not be limited to, consideration of: (A) The rate of pay, the hours of
7687	7687	work and the probable permanency of the work left as compared to the
7688	7688	work accepted; (B) the cost to the individual of getting to the work left in
7689	7689	comparison to the cost of getting to the work accepted; and (C) the
7690	7690	distance from the individual's place of residence to the work accepted in
7691	7691	comparison to the distance from the individual's residence to the work left;
7692	7692	(9) the individual left work as a result of being instructed or requested
7693	7693	by the employer, a supervisor or a fellow employee to perform a service or
7694	7694	commit an act in the scope of official job duties which is in violation of an
7695	7695	ordinance or statute;
7696	7696	(10) the individual left work because of a substantial violation of the
7697	7697	work agreement by the employing unit and, before the individual left, the
7698	7698	individual had exhausted all remedies provided in such agreement for the
7699	7699	settlement of disputes before terminating. For the purposes of this
7700	7700	paragraph, a demotion based on performance does not constitute a
7701	7701	violation of the work agreement;
7702	7702	(11) after making reasonable efforts to preserve the work, the
7703	7703	individual left work due to a personal emergency of such nature and
7704	7704	compelling urgency that it would be contrary to good conscience to
7705	7705	impose a disqualification; or
7706	7706	(12) (A) the individual left work due to circumstances resulting from
7707	7707	domestic violence, including:
7708	7708	(i) The individual's reasonable fear of future domestic violence at or
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7751	7751	43 SB 558 91
7752	7752	en route to or from the individual's place of employment;
7753	7753	(ii) the individual's need to relocate to another geographic area in
7754	7754	order to avoid future domestic violence;
7755	7755	(iii) the individual's need to address the physical, psychological and
7756	7756	legal impacts of domestic violence;
7757	7757	(iv) the individual's need to leave employment as a condition of
7758	7758	receiving services or shelter from an agency which provides support
7759	7759	services or shelter to victims of domestic violence; or
7760	7760	(v) the individual's reasonable belief that termination of employment
7761	7761	is necessary to avoid other situations which may cause domestic violence
7762	7762	and to provide for the future safety of the individual or the individual's
7763	7763	family.
7764	7764	(B) An individual may prove the existence of domestic violence by
7765	7765	providing one of the following:
7766	7766	(i) A restraining order or other documentation of equitable relief by a
7767	7767	court of competent jurisdiction;
7768	7768	(ii) a police record documenting the abuse;
7769	7769	(iii) documentation that the abuser has been convicted of one or more
7770	7770	of the offenses enumerated in articles 34 and 35 of chapter 21 of the
7771	7771	Kansas Statutes Annotated, prior to their repeal, or articles 54 or 55 of
7772	7772	chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325,
7773	7773	21-6326 or 21-6418 through 21-6422, and amendments thereto, where the
7774	7774	victim was a family or household member;
7775	7775	(iv) medical documentation of the abuse;
7776	7776	(v) a statement provided by a counselor, social worker, health care
7777	7777	provider, clergy, shelter worker, legal advocate, domestic violence or
7778	7778	sexual assault advocate or other professional who has assisted the
7779	7779	individual in dealing with the effects of abuse on the individual or the
7780	7780	individual's family; or
7781	7781	(vi) a sworn statement from the individual attesting to the abuse.
7782	7782	(C) No evidence of domestic violence experienced by an individual,
7783	7783	including the individual's statement and corroborating evidence, shall be
7784	7784	disclosed by the department of labor unless consent for disclosure is given
7785	7785	by the individual.
7786	7786	(b) If the individual has been discharged or suspended for misconduct
7787	7787	connected with the individual's work. The disqualification shall begin the
7788	7788	day following the separation and shall continue until after the individual
7789	7789	becomes reemployed and in cases where the disqualification is due to
7790	7790	discharge for misconduct has had earnings from insured work of at least
7791	7791	three times the individual's determined weekly benefit amount, except that
7792	7792	if an individual is discharged for gross misconduct connected with the
7793	7793	individual's work, such individual shall be disqualified for benefits until
7794	7794	such individual again becomes employed and has had earnings from
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7837	7837	43 SB 558 92
7838	7838	insured work of at least eight times such individual's determined weekly
7839	7839	benefit amount. In addition, all wage credits attributable to the
7840	7840	employment from which the individual was discharged for gross
7841	7841	misconduct connected with the individual's work shall be canceled. No
7842	7842	such cancellation of wage credits shall affect prior payments made as a
7843	7843	result of a prior separation.
7844	7844	(1) (A) For the purposes of this subsection, "misconduct" is defined as
7845	7845	a violation of a duty or obligation reasonably owed the employer as a
7846	7846	condition of employment including, but not limited to, a violation of a
7847	7847	company rule, including a safety rule, if: (A)(i) The individual knew or
7848	7848	should have known about the rule; (B)(ii) the rule was lawful and
7849	7849	reasonably related to the job; and (C)(iii) the rule was fairly and
7850	7850	consistently enforced.
7851	7851	(B) "Misconduct" does not include any violation of a duty, obligation
7852	7852	or company rule, if: (i) The individual is a patient who has been issued a
7853	7853	valid identification card pursuant to section 9, and amendments thereto;
7854	7854	and (ii) the basis for the violation is the possession of such identification
7855	7855	card or the possession or use of medical cannabis or a medical cannabis
7856	7856	product, as such terms are defined in section 2, and amendments thereto,
7857	7857	in accordance with the Kansas medical cannabis act, section 1 et seq., and
7858	7858	amendments thereto.
7859	7859	(2) (A) Failure of the employee to notify the employer of an absence
7860	7860	and an individual's leaving work prior to the end of such individual's
7861	7861	assigned work period without permission shall be considered prima facie
7862	7862	evidence of a violation of a duty or obligation reasonably owed the
7863	7863	employer as a condition of employment.
7864	7864	(B) For the purposes of this subsection, misconduct shall include, but
7865	7865	not be limited to, violation of the employer's reasonable attendance
7866	7866	expectations if the facts show:
7867	7867	(i) The individual was absent or tardy without good cause;
7868	7868	(ii) the individual had knowledge of the employer's attendance
7869	7869	expectation; and
7870	7870	(iii) the employer gave notice to the individual that future absence or
7871	7871	tardiness may or will result in discharge.
7872	7872	(C) For the purposes of this subsection, if an employee disputes being
7873	7873	absent or tardy without good cause, the employee shall present evidence
7874	7874	that a majority of the employee's absences or tardiness were for good
7875	7875	cause. If the employee alleges that the employee's repeated absences or
7876	7876	tardiness were the result of health related issues, such evidence shall
7877	7877	include documentation from a licensed and practicing health care provider
7878	7878	as defined in subsection (a)(1).
7879	7879	(3) (A) (i) The term "gross misconduct" as used in this subsection
7880	7880	shall be construed to mean conduct evincing extreme, willful or wanton
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7923	7923	43 SB 558 93
7924	7924	misconduct as defined by this subsection. Gross misconduct shall include,
7925	7925	but not be limited to: (i)(a) Theft; (ii)(b) fraud; (iii)(c) intentional damage
7926	7926	to property; (iv)(d) intentional infliction of personal injury; or (v)(e) any
7927	7927	conduct that constitutes a felony.
7928	7928	(ii) "Gross misconduct" does not include any conduct of an
7929	7929	individual, if: (i) The individual is a patient who has been issued a valid
7930	7930	identification card pursuant to section 9, and amendments thereto; and (ii)
7931	7931	the basis for the violation is the possession of such identification card or
7932	7932	the possession or use of medical cannabis or a medical cannabis product
7933	7933	as such terms are defined in section 2, and amendments thereto, in
7934	7934	accordance with the Kansas medical cannabis act, section 1 et seq., and
7935	7935	amendments thereto.
7936	7936	(B) For the purposes of this subsection, the following shall be
7937	7937	conclusive evidence of gross misconduct:
7938	7938	(i) The use of alcoholic liquor, cereal malt beverage or a
7939	7939	nonprescribed controlled substance by an individual while working;
7940	7940	(ii) the impairment caused by alcoholic liquor, cereal malt beverage
7941	7941	or a nonprescribed controlled substance by an individual while working;
7942	7942	(iii) a positive breath alcohol test or a positive chemical test,
7943	7943	provided:
7944	7944	(a) The test was either:
7945	7945	(1) Required by law and was administered pursuant to the drug free
7946	7946	workplace act, 41 U.S.C. § 701 et seq.;
7947	7947	(2) administered as part of an employee assistance program or other
7948	7948	drug or alcohol treatment program in which the employee was
7949	7949	participating voluntarily or as a condition of further employment;
7950	7950	(3) requested pursuant to a written policy of the employer of which
7951	7951	the employee had knowledge and was a required condition of
7952	7952	employment;
7953	7953	(4) required by law and the test constituted a required condition of
7954	7954	employment for the individual's job; or
7955	7955	(5) there was reasonable suspicion to believe that the individual used,
7956	7956	had possession of, or was impaired by alcoholic liquor, cereal malt
7957	7957	beverage or a nonprescribed controlled substance while working;
7958	7958	(b) the test sample was collected either:
7959	7959	(1) As prescribed by the drug free workplace act, 41 U.S.C. § 701 et
7960	7960	seq.;
7961	7961	(2) as prescribed by an employee assistance program or other drug or
7962	7962	alcohol treatment program in which the employee was participating
7963	7963	voluntarily or as a condition of further employment;
7964	7964	(3) as prescribed by the written policy of the employer of which the
7965	7965	employee had knowledge and which constituted a required condition of
7966	7966	employment;
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8009	8009	43 SB 558 94
8010	8010	(4) as prescribed by a test which was required by law and which
8011	8011	constituted a required condition of employment for the individual's job; or
8012	8012	(5) at a time contemporaneous with the events establishing probable
8013	8013	cause;
8014	8014	(c) the collecting and labeling of a chemical test sample was
8015	8015	performed by a licensed health care professional or any other individual
8016	8016	certified pursuant to paragraph (b)(3)(A)(iii)(f) subsection (b)(3)(B)(iii)(f)
8017	8017	or authorized to collect or label test samples by federal or state law, or a
8018	8018	federal or state rule or regulation having the force or effect of law,
8019	8019	including law enforcement personnel;
8020	8020	(d) the chemical test was performed by a laboratory approved by the
8021	8021	United States department of health and human services or licensed by the
8022	8022	department of health and environment, except that a blood sample may be
8023	8023	tested for alcohol content by a laboratory commonly used for that purpose
8024	8024	by state law enforcement agencies;
8025	8025	(e) the chemical test was confirmed by gas chromatography, gas
8026	8026	chromatography-mass spectroscopy or other comparably reliable
8027	8027	analytical method, except that no such confirmation is required for a blood
8028	8028	alcohol sample or a breath alcohol test;
8029	8029	(f) the breath alcohol test was administered by an individual trained
8030	8030	to perform breath tests, the breath testing instrument used was certified
8031	8031	and operated strictly according to a description provided by the
8032	8032	manufacturers and the reliability of the instrument performance was
8033	8033	assured by testing with alcohol standards; and
8034	8034	(g) the foundation evidence establishes, beyond a reasonable doubt,
8035	8035	that the test results were from the sample taken from the individual;
8036	8036	(iv) an individual's refusal to submit to a chemical test or breath
8037	8037	alcohol test, provided if:
8038	8038	(a) The test meets the standards of the drug free workplace act, 41
8039	8039	U.S.C. § 701 et seq.;
8040	8040	(b) the test was administered as part of an employee assistance
8041	8041	program or other drug or alcohol treatment program in which the
8042	8042	employee was participating voluntarily or as a condition of further
8043	8043	employment;
8044	8044	(c) the test was otherwise required by law and the test constituted a
8045	8045	required condition of employment for the individual's job;
8046	8046	(d) the test was requested pursuant to a written policy of the employer
8047	8047	of which the employee had knowledge and was a required condition of
8048	8048	employment; or
8049	8049	(e) there was reasonable suspicion to believe that the individual used,
8050	8050	possessed or was impaired by alcoholic liquor, cereal malt beverage or a
8051	8051	nonprescribed controlled substance while working;
8052	8052	(v) an individual's dilution or other tampering of a chemical test.
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8095	8095	43 SB 558 95
8096	8096	(C) For purposes of this subsection:
8097	8097	(i) "Alcohol concentration" means the number of grams of alcohol
8098	8098	per 210 liters of breath;
8099	8099	(ii) "alcoholic liquor" means the same as provided in K.S.A. 41-102,
8100	8100	and amendments thereto;
8101	8101	(iii) "cereal malt beverage" means the same as provided in K.S.A. 41-
8102	8102	2701, and amendments thereto;
8103	8103	(iv) "chemical test" includes, but is not limited to, tests of urine,
8104	8104	blood or saliva;
8105	8105	(v) "controlled substance" means the same as provided in K.S.A. 21-
8106	8106	5701, and amendments thereto;
8107	8107	(vi) "required by law" means required by a federal or state law, a
8108	8108	federal or state rule or regulation having the force and effect of law, a
8109	8109	county resolution or municipal ordinance, or a policy relating to public
8110	8110	safety adopted in an open meeting by the governing body of any special
8111	8111	district or other local governmental entity;
8112	8112	(vii) "positive breath test" means a test result showing an alcohol
8113	8113	concentration of 0.04 or greater, or the levels listed in 49 C.F.R. part 40, if
8114	8114	applicable, unless the test was administered as part of an employee
8115	8115	assistance program or other drug or alcohol treatment program in which
8116	8116	the employee was participating voluntarily or as a condition of further
8117	8117	employment, in which case "positive chemical test" shall mean a test result
8118	8118	showing an alcohol concentration at or above the levels provided for in the
8119	8119	assistance or treatment program;
8120	8120	(viii) "positive chemical test" means a chemical result showing a
8121	8121	concentration at or above the levels listed in K.S.A. 44-501, and
8122	8122	amendments thereto, or 49 C.F.R. part 40, as applicable, for the drugs or
8123	8123	abuse listed therein, unless the test was administered as part of an
8124	8124	employee assistance program or other drug or alcohol treatment program
8125	8125	in which the employee was participating voluntarily or as a condition of
8126	8126	further employment, in which case "positive chemical test" means a
8127	8127	chemical result showing a concentration at or above the levels provided for
8128	8128	in the assistance or treatment program.
8129	8129	(4) An individual shall not be disqualified under this subsection if the
8130	8130	individual is discharged under the following circumstances:
8131	8131	(A) The employer discharged the individual after learning the
8132	8132	individual was seeking other work or when the individual gave notice of
8133	8133	future intent to quit, except that the individual shall be disqualified after
8134	8134	the time at which such individual intended to quit and any individual who
8135	8135	commits misconduct after such individual gives notice to such individual's
8136	8136	intent to quit shall be disqualified;
8137	8137	(B) the individual was making a good-faith good faith effort to do the
8138	8138	assigned work but was discharged due to:
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8181	8181	43 SB 558 96
8182	8182	(i) Inefficiency;
8183	8183	(ii) unsatisfactory performance due to inability, incapacity or lack of
8184	8184	training or experience;
8185	8185	(iii) isolated instances of ordinary negligence or inadvertence;
8186	8186	(iv) good-faithgood faith errors in judgment or discretion; or
8187	8187	(v) unsatisfactory work or conduct due to circumstances beyond the
8188	8188	individual's control; or
8189	8189	(C) the individual's refusal to perform work in excess of the contract
8190	8190	of hire.
8191	8191	(c) If the individual has failed, without good cause, to either apply for
8192	8192	suitable work when so directed by the employment office of the secretary
8193	8193	of labor, or to accept suitable work when offered to the individual by the
8194	8194	employment office, the secretary of labor, or an employer, such
8195	8195	disqualification shall begin with the week in which such failure occurred
8196	8196	and shall continue until the individual becomes reemployed and has had
8197	8197	earnings from insured work of at least three times such individual's
8198	8198	determined weekly benefit amount. In determining whether or not any
8199	8199	work is suitable for an individual, the secretary of labor, or a person or
8200	8200	persons designated by the secretary, shall consider the degree of risk
8201	8201	involved to health, safety and morals, physical fitness and prior training,
8202	8202	experience and prior earnings, length of unemployment and prospects for
8203	8203	securing local work in the individual's customary occupation or work for
8204	8204	which the individual is reasonably fitted by training or experience, and the
8205	8205	distance of the available work from the individual's residence.
8206	8206	Notwithstanding any other provisions of this act, an otherwise eligible
8207	8207	individual shall not be disqualified for refusing an offer of suitable
8208	8208	employment, or failing to apply for suitable employment when notified by
8209	8209	an employment office, or for leaving the individual's most recent work
8210	8210	accepted during approved training, including training approved under
8211	8211	section 236(a)(1) of the trade act of 1974, if the acceptance of or applying
8212	8212	for suitable employment or continuing such work would require the
8213	8213	individual to terminate approved training and no work shall be deemed
8214	8214	suitable and benefits shall not be denied under this act to any otherwise
8215	8215	eligible individual for refusing to accept new work under any of the
8216	8216	following conditions: (1) If the position offered is vacant due directly to a
8217	8217	strike, lockout or other labor dispute; (2) if the remuneration, hours or
8218	8218	other conditions of the work offered are substantially less favorable to the
8219	8219	individual than those prevailing for similar work in the locality; (3) if as a
8220	8220	condition of being employed, the individual would be required to join or to
8221	8221	resign from or refrain from joining any labor organization; and (4) if the
8222	8222	individual left employment as a result of domestic violence, and the
8223	8223	position offered does not reasonably accommodate the individual's
8224	8224	physical, psychological, safety, or legal needs relating to such domestic
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8266	8266	42
8267	8267	43 SB 558 97
8268	8268	violence.
8269	8269	(d) For any week with respect to which the secretary of labor, or a
8270	8270	person or persons designated by the secretary, finds that the individual's
8271	8271	unemployment is due to a stoppage of work which exists because of a
8272	8272	labor dispute or there would have been a work stoppage had normal
8273	8273	operations not been maintained with other personnel previously and
8274	8274	currently employed by the same employer at the factory, establishment or
8275	8275	other premises at which the individual is or was last employed, except that
8276	8276	this subsection (d) shall not apply if it is shown to the satisfaction of the
8277	8277	secretary of labor, or a person or persons designated by the secretary, that:
8278	8278	(1) The individual is not participating in or financing or directly interested
8279	8279	in the labor dispute which caused the stoppage of work; and (2) the
8280	8280	individual does not belong to a grade or class of workers of which,
8281	8281	immediately before the commencement of the stoppage, there were
8282	8282	members employed at the premises at which the stoppage occurs any of
8283	8283	whom are participating in or financing or directly interested in the dispute.
8284	8284	If in any case separate branches of work which are commonly conducted
8285	8285	as separate businesses in separate premises are conducted in separate
8286	8286	departments of the same premises, each such department shall, for the
8287	8287	purpose of this subsection be deemed to be a separate factory,
8288	8288	establishment or other premises. For the purposes of this subsection,
8289	8289	failure or refusal to cross a picket line or refusal for any reason during the
8290	8290	continuance of such labor dispute to accept the individual's available and
8291	8291	customary work at the factory, establishment or other premises where the
8292	8292	individual is or was last employed shall be considered as participation and
8293	8293	interest in the labor dispute.
8294	8294	(e) For any week with respect to which or a part of which the
8295	8295	individual has received or is seeking unemployment benefits under the
8296	8296	unemployment compensation law of any other state or of the United
8297	8297	States, except that if the appropriate agency of such other state or the
8298	8298	United States finally determines that the individual is not entitled to such
8299	8299	unemployment benefits, this disqualification shall not apply.
8300	8300	(f) For any week with respect to which the individual is entitled to
8301	8301	receive any unemployment allowance or compensation granted by the
8302	8302	United States under an act of congress to ex-service men and women in
8303	8303	recognition of former service with the military or naval services of the
8304	8304	United States.
8305	8305	(g) If the individual, or another in such individual's behalf with the
8306	8306	knowledge of the individual, has knowingly made a false statement or
8307	8307	representation, or has knowingly failed to disclose a material fact to obtain
8308	8308	or increase benefits under this act or any other unemployment
8309	8309	compensation law administered by the secretary of labor, unless the
8310	8310	individual has repaid the full amount of the overpayment as determined by
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8353	8353	43 SB 558 98
8354	8354	the secretary or the secretary's designee, including, but not limited to, the
8355	8355	total amount of money erroneously paid as benefits or unlawfully
8356	8356	obtained, interest, penalties and any other costs or fees provided by law. If
8357	8357	the individual has made such repayment, the individual shall be
8358	8358	disqualified for a period of one year for the first occurrence or five years
8359	8359	for any subsequent occurrence, beginning with the first day following the
8360	8360	date the department of labor confirmed the individual has successfully
8361	8361	repaid the full amount of the overpayment. In addition to the penalties set
8362	8362	forth in K.S.A. 44-719, and amendments thereto, an individual who has
8363	8363	knowingly made a false statement or representation or who has knowingly
8364	8364	failed to disclose a material fact to obtain or increase benefits under this
8365	8365	act or any other unemployment compensation law administered by the
8366	8366	secretary of labor shall be liable for a penalty in the amount equal to 25%
8367	8367	of the amount of benefits unlawfully received. Notwithstanding any other
8368	8368	provision of law, such penalty shall be deposited into the employment
8369	8369	security trust fund. No person who is a victim of identify theft shall be
8370	8370	subject to the provisions of this subsection. The secretary shall investigate
8371	8371	all cases of an alleged false statement or representation or failure to
8372	8372	disclose a material fact to ensure no victim of identity theft is disqualified,
8373	8373	required to repay or subject to any penalty as provided by this subsection
8374	8374	as a result of identity theft.
8375	8375	(h) For any week with respect to which the individual is receiving
8376	8376	compensation for temporary total disability or permanent total disability
8377	8377	under the workmen's compensation law of any state or under a similar law
8378	8378	of the United States.
8379	8379	(i) For any week of unemployment on the basis of service in an
8380	8380	instructional, research or principal administrative capacity for an
8381	8381	educational institution as defined in K.S.A. 44-703(v), and amendments
8382	8382	thereto, if such week begins during the period between two successive
8383	8383	academic years or terms or, when an agreement provides instead for a
8384	8384	similar period between two regular but not successive terms during such
8385	8385	period or during a period of paid sabbatical leave provided for in the
8386	8386	individual's contract, if the individual performs such services in the first of
8387	8387	such academic years or terms and there is a contract or a reasonable
8388	8388	assurance that such individual will perform services in any such capacity
8389	8389	for any educational institution in the second of such academic years or
8390	8390	terms.
8391	8391	(j) For any week of unemployment on the basis of service in any
8392	8392	capacity other than service in an instructional, research, or administrative
8393	8393	capacity in an educational institution, as defined in K.S.A. 44-703(v), and
8394	8394	amendments thereto, if such week begins during the period between two
8395	8395	successive academic years or terms if the individual performs such
8396	8396	services in the first of such academic years or terms and there is a
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8438	8438	42
8439	8439	43 SB 558 99
8440	8440	reasonable assurance that the individual will perform such services in the
8441	8441	second of such academic years or terms, except that if benefits are denied
8442	8442	to the individual under this subsection and the individual was not offered
8443	8443	an opportunity to perform such services for the educational institution for
8444	8444	the second of such academic years or terms, such individual shall be
8445	8445	entitled to a retroactive payment of benefits for each week for which the
8446	8446	individual filed a timely claim for benefits and for which benefits were
8447	8447	denied solely by reason of this subsection.
8448	8448	(k) For any week of unemployment on the basis of service in any
8449	8449	capacity for an educational institution as defined in K.S.A. 44-703(v), and
8450	8450	amendments thereto, if such week begins during an established and
8451	8451	customary vacation period or holiday recess, if the individual performs
8452	8452	services in the period immediately before such vacation period or holiday
8453	8453	recess and there is a reasonable assurance that such individual will perform
8454	8454	such services in the period immediately following such vacation period or
8455	8455	holiday recess.
8456	8456	(l) For any week of unemployment on the basis of any services,
8457	8457	substantially all of which consist of participating in sports or athletic
8458	8458	events or training or preparing to so participate, if such week begins during
8459	8459	the period between two successive sport seasons or similar period if such
8460	8460	individual performed services in the first of such seasons or similar periods
8461	8461	and there is a reasonable assurance that such individual will perform such
8462	8462	services in the later of such seasons or similar periods.
8463	8463	(m) For any week on the basis of services performed by an alien
8464	8464	unless such alien is an individual who was lawfully admitted for
8465	8465	permanent residence at the time such services were performed, was
8466	8466	lawfully present for purposes of performing such services, or was
8467	8467	permanently residing in the United States under color of law at the time
8468	8468	such services were performed, including an alien who was lawfully present
8469	8469	in the United States as a result of the application of the provisions of
8470	8470	section 212(d)(5) of the federal immigration and nationality act. Any data
8471	8471	or information required of individuals applying for benefits to determine
8472	8472	whether benefits are not payable to them because of their alien status shall
8473	8473	be uniformly required from all applicants for benefits. In the case of an
8474	8474	individual whose application for benefits would otherwise be approved, no
8475	8475	determination that benefits to such individual are not payable because of
8476	8476	such individual's alien status shall be made except upon a preponderance
8477	8477	of the evidence.
8478	8478	(n) For any week in which an individual is receiving a governmental
8479	8479	or other pension, retirement or retired pay, annuity or other similar
8480	8480	periodic payment under a plan maintained by a base period employer and
8481	8481	to which the entire contributions were provided by such employer, except
8482	8482	that: (1) If the entire contributions to such plan were provided by the base
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8525	8525	43 SB 558 100
8526	8526	period employer but such individual's weekly benefit amount exceeds such
8527	8527	governmental or other pension, retirement or retired pay, annuity or other
8528	8528	similar periodic payment attributable to such week, the weekly benefit
8529	8529	amount payable to the individual shall be reduced, but not below zero, by
8530	8530	an amount equal to the amount of such pension, retirement or retired pay,
8531	8531	annuity or other similar periodic payment which is attributable to such
8532	8532	week; or (2) if only a portion of contributions to such plan were provided
8533	8533	by the base period employer, the weekly benefit amount payable to such
8534	8534	individual for such week shall be reduced, but not below zero, by the
8535	8535	prorated weekly amount of the pension, retirement or retired pay, annuity
8536	8536	or other similar periodic payment after deduction of that portion of the
8537	8537	pension, retirement or retired pay, annuity or other similar periodic
8538	8538	payment that is directly attributable to the percentage of the contributions
8539	8539	made to the plan by such individual; or (3) if the entire contributions to the
8540	8540	plan were provided by such individual, or by the individual and an
8541	8541	employer, or any person or organization, who is not a base period
8542	8542	employer, no reduction in the weekly benefit amount payable to the
8543	8543	individual for such week shall be made under this subsection; or (4)
8544	8544	whatever portion of contributions to such plan were provided by the base
8545	8545	period employer, if the services performed for the employer by such
8546	8546	individual during the base period, or remuneration received for the
8547	8547	services, did not affect the individual's eligibility for, or increased the
8548	8548	amount of, such pension, retirement or retired pay, annuity or other similar
8549	8549	periodic payment, no reduction in the weekly benefit amount payable to
8550	8550	the individual for such week shall be made under this subsection. No
8551	8551	reduction shall be made for payments made under the social security act or
8552	8552	railroad retirement act of 1974.
8553	8553	(o) For any week of unemployment on the basis of services
8554	8554	performed in any capacity and under any of the circumstances described in
8555	8555	subsection (i), (j) or (k) that an individual performed in an educational
8556	8556	institution while in the employ of an educational service agency. For the
8557	8557	purposes of this subsection, the term "educational service agency" means a
8558	8558	governmental agency or entity which is established and operated
8559	8559	exclusively for the purpose of providing such services to one or more
8560	8560	educational institutions.
8561	8561	(p) For any week of unemployment on the basis of service as a school
8562	8562	bus or other motor vehicle driver employed by a private contractor to
8563	8563	transport pupils, students and school personnel to or from school-related
8564	8564	functions or activities for an educational institution, as defined in K.S.A.
8565	8565	44-703(v), and amendments thereto, if such week begins during the period
8566	8566	between two successive academic years or during a similar period between
8567	8567	two regular terms, whether or not successive, if the individual has a
8568	8568	contract or contracts, or a reasonable assurance thereof, to perform
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8610	8610	42
8611	8611	43 SB 558 101
8612	8612	services in any such capacity with a private contractor for any educational
8613	8613	institution for both such academic years or both such terms. An individual
8614	8614	shall not be disqualified for benefits as provided in this subsection for any
8615	8615	week of unemployment on the basis of service as a bus or other motor
8616	8616	vehicle driver employed by a private contractor to transport persons to or
8617	8617	from nonschool-related functions or activities.
8618	8618	(q) For any week of unemployment on the basis of services
8619	8619	performed by the individual in any capacity and under any of the
8620	8620	circumstances described in subsection (i), (j), (k) or (o) which are provided
8621	8621	to or on behalf of an educational institution, as defined in K.S.A. 44-
8622	8622	703(v), and amendments thereto, while the individual is in the employ of
8623	8623	an employer which is a governmental entity, Indian tribe or any employer
8624	8624	described in section 501(c)(3) of the federal internal revenue code of 1986
8625	8625	which is exempt from income under section 501(a) of the code.
8626	8626	(r) For any week in which an individual is registered at and attending
8627	8627	an established school, training facility or other educational institution, or is
8628	8628	on vacation during or between two successive academic years or terms. An
8629	8629	individual shall not be disqualified for benefits as provided in this
8630	8630	subsection provided if:
8631	8631	(1) The individual was engaged in full-time employment concurrent
8632	8632	with the individual's school attendance;
8633	8633	(2) the individual is attending approved training as defined in K.S.A.
8634	8634	44-703(s), and amendments thereto; or
8635	8635	(3) the individual is attending evening, weekend or limited day time
8636	8636	classes, which would not affect availability for work, and is otherwise
8637	8637	eligible under K.S.A. 44-705(c), and amendments thereto.
8638	8638	(s) For any week with respect to which an individual is receiving or
8639	8639	has received remuneration in the form of a back pay award or settlement.
8640	8640	The remuneration shall be allocated to the week or weeks in the manner as
8641	8641	specified in the award or agreement, or in the absence of such specificity
8642	8642	in the award or agreement, such remuneration shall be allocated to the
8643	8643	week or weeks in which such remuneration, in the judgment of the
8644	8644	secretary, would have been paid.
8645	8645	(1) For any such weeks that an individual receives remuneration in
8646	8646	the form of a back pay award or settlement, an overpayment will be
8647	8647	established in the amount of unemployment benefits paid and shall be
8648	8648	collected from the claimant.
8649	8649	(2) If an employer chooses to withhold from a back pay award or
8650	8650	settlement, amounts paid to a claimant while they claimed unemployment
8651	8651	benefits, such employer shall pay the department the amount withheld.
8652	8652	With respect to such amount, the secretary shall have available all of the
8653	8653	collection remedies authorized or provided in K.S.A. 44-717, and
8654	8654	amendments thereto.
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8697	8697	43 SB 558 102
8698	8698	(t) (1) Any applicant for or recipient of unemployment benefits who
8699	8699	tests positive for unlawful use of a controlled substance or controlled
8700	8700	substance analog shall be required to complete a substance abuse treatment
8701	8701	program approved by the secretary of labor, secretary of commerce or
8702	8702	secretary for children and families, and a job skills program approved by
8703	8703	the secretary of labor, secretary of commerce or the secretary for children
8704	8704	and families. Subject to applicable federal laws, any applicant for or
8705	8705	recipient of unemployment benefits who fails to complete or refuses to
8706	8706	participate in the substance abuse treatment program or job skills program
8707	8707	as required under this subsection shall be ineligible to receive
8708	8708	unemployment benefits until completion of such substance abuse
8709	8709	treatment and job skills programs. Upon completion of both substance
8710	8710	abuse treatment and job skills programs, such applicant for or recipient of
8711	8711	unemployment benefits may be subject to periodic drug screening, as
8712	8712	determined by the secretary of labor. Upon a second positive test for
8713	8713	unlawful use of a controlled substance or controlled substance analog, an
8714	8714	applicant for or recipient of unemployment benefits shall be ordered to
8715	8715	complete again a substance abuse treatment program and job skills
8716	8716	program, and shall be terminated from unemployment benefits for a period
8717	8717	of 12 months, or until such applicant for or recipient of unemployment
8718	8718	benefits completes both substance abuse treatment and job skills programs,
8719	8719	whichever is later. Upon a third positive test for unlawful use of a
8720	8720	controlled substance or controlled substance analog, an applicant for or a
8721	8721	recipient of unemployment benefits shall be terminated from receiving
8722	8722	unemployment benefits, subject to applicable federal law.
8723	8723	(2) Any individual who has been discharged or refused employment
8724	8724	for failing a preemployment drug screen required by an employer may
8725	8725	request that the drug screening specimen be sent to a different drug testing
8726	8726	facility for an additional drug screening. Any such individual who requests
8727	8727	an additional drug screening at a different drug testing facility shall be
8728	8728	required to pay the cost of drug screening.
8729	8729	(3) The provisions of this subsection shall not apply to any individual
8730	8730	who is a patient who has been issued a valid identification card pursuant
8731	8731	to section 10, and amendments thereto.
8732	8732	(u) If the individual was found not to have a disqualifying
8733	8733	adjudication or conviction under K.S.A. 39-970 or 65-5117, and
8734	8734	amendments thereto, was hired and then was subsequently convicted of a
8735	8735	disqualifying felony under K.S.A. 39-970 or 65-5117, and amendments
8736	8736	thereto, and discharged pursuant to K.S.A. 39-970 or 65-5117, and
8737	8737	amendments thereto. The disqualification shall begin the day following the
8738	8738	separation and shall continue until after the individual becomes
8739	8739	reemployed and has had earnings from insured work of at least three times
8740	8740	the individual's determined weekly benefit amount.
8741	8741	1
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8783	8783	43 SB 558 103
8784	8784	(v) Notwithstanding the provisions of any subsection, an individual
8785	8785	shall not be disqualified for such week of part-time employment in a
8786	8786	substitute capacity for an educational institution if such individual's most
8787	8787	recent employment prior to the individual's benefit year begin date was for
8788	8788	a non-educational institution and such individual demonstrates application
8789	8789	for work in such individual's customary occupation or for work for which
8790	8790	the individual is reasonably fitted by training or experience.
8791	8791	Sec. 88. K.S.A. 44-1009 is hereby amended to read as follows: 44-
8792	8792	1009. (a) It shall be an unlawful employment practice:
8793	8793	(1) For an employer, because of the race, religion, color, sex,
8794	8794	disability, national origin or ancestry of any person to refuse to hire or
8795	8795	employ such person to bar or discharge such person from employment or
8796	8796	to otherwise discriminate against such person in compensation or in terms,
8797	8797	conditions or privileges of employment; to limit, segregate, separate,
8798	8798	classify or make any distinction in regards to employees; or to follow any
8799	8799	employment procedure or practice which, in fact, results in discrimination,
8800	8800	segregation or separation without a valid business necessity.
8801	8801	(2) For a labor organization, because of the race, religion, color, sex,
8802	8802	disability, national origin or ancestry of any person, to exclude or to expel
8803	8803	from its membership such person or to discriminate in any way against any
8804	8804	of its members or against any employer or any person employed by an
8805	8805	employer.
8806	8806	(3) For any employer, employment agency or labor organization to
8807	8807	print or circulate or cause to be printed or circulated any statement,
8808	8808	advertisement or publication, or to use any form of application for
8809	8809	employment or membership or to make any inquiry in connection with
8810	8810	prospective employment or membership, which expresses, directly or
8811	8811	indirectly, any limitation, specification or discrimination as to race,
8812	8812	religion, color, sex, disability, national origin or ancestry, or any intent to
8813	8813	make any such limitation, specification or discrimination, unless based on
8814	8814	a bona fide occupational qualification.
8815	8815	(4) For any employer, employment agency or labor organization to
8816	8816	discharge, expel or otherwise discriminate against any person because such
8817	8817	person has opposed any practices or acts forbidden under this act or
8818	8818	because such person has filed a complaint, testified or assisted in any
8819	8819	proceeding under this act.
8820	8820	(5) For an employment agency to refuse to list and properly classify
8821	8821	for employment or to refuse to refer any person for employment or
8822	8822	otherwise discriminate against any person because of such person's race,
8823	8823	religion, color, sex, disability, national origin or ancestry; or to comply
8824	8824	with a request from an employer for a referral of applicants for
8825	8825	employment if the request expresses, either directly or indirectly, any
8826	8826	limitation, specification or discrimination as to race, religion, color, sex,
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8869	8869	43 SB 558 104
8870	8870	disability, national origin or ancestry.
8871	8871	(6) For an employer, labor organization, employment agency, or
8872	8872	school which provides, coordinates or controls apprenticeship, on-the-job,
8873	8873	or other training or retraining program, to maintain a practice of
8874	8874	discrimination, segregation or separation because of race, religion, color,
8875	8875	sex, disability, national origin or ancestry, in admission, hiring,
8876	8876	assignments, upgrading, transfers, promotion, layoff, dismissal,
8877	8877	apprenticeship or other training or retraining program, or in any other
8878	8878	terms, conditions or privileges of employment, membership,
8879	8879	apprenticeship or training; or to follow any policy or procedure which, in
8880	8880	fact, results in such practices without a valid business motive.
8881	8881	(7) For any person, whether an employer or an employee or not, to
8882	8882	aid, abet, incite, compel or coerce the doing of any of the acts forbidden
8883	8883	under this act, or attempt to do so.
8884	8884	(8) For an employer, labor organization, employment agency or joint
8885	8885	labor-management committee to: (A) Limit, segregate or classify a job
8886	8886	applicant or employee in a way that adversely affects the opportunities or
8887	8887	status of such applicant or employee because of the disability of such
8888	8888	applicant or employee; (B) participate in a contractual or other
8889	8889	arrangement or relationship, including a relationship with an employment
8890	8890	or referral agency, labor union, an organization providing fringe benefits to
8891	8891	an employee or an organization providing training and apprenticeship
8892	8892	programs that has the effect of subjecting a qualified applicant or
8893	8893	employee with a disability to the discrimination prohibited by this act; (C)
8894	8894	utilize standards criteria, or methods of administration that have the effect
8895	8895	of discrimination on the basis of disability or that perpetuate the
8896	8896	discrimination of others who are subject to common administrative
8897	8897	control; (D) exclude or otherwise deny equal jobs or benefits to a qualified
8898	8898	individual because of the known disability of an individual with whom the
8899	8899	qualified individual is known to have a relationship or association; (E) not
8900	8900	make reasonable accommodations to the known physical or mental
8901	8901	limitations of an otherwise qualified individual with a disability who is an
8902	8902	applicant or employee, unless such employer, labor organization,
8903	8903	employment agency or joint labor-management committee can
8904	8904	demonstrate that the accommodation would impose an undue hardship on
8905	8905	the operation of the business thereof; (F) deny employment opportunities
8906	8906	to a job applicant or employee who is an otherwise qualified individual
8907	8907	with a disability, if such denial is based on the need to make reasonable
8908	8908	accommodation to the physical or mental impairments of the employee or
8909	8909	applicant; (G) use qualification standards, employment tests or other
8910	8910	selection criteria that screen out or tend to screen out an individual with a
8911	8911	disability or a class of individuals with disabilities unless the standard, test
8912	8912	or other selection criteria, as used, is shown to be job-related for the
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8954	8954	42
8955	8955	43 SB 558 105
8956	8956	position in question and is consistent with business necessity; or (H) fail to
8957	8957	select and administer tests concerning employment in the most effective
8958	8958	manner to ensure that, when such test is administered to a job applicant or
8959	8959	employee who has a disability that impairs sensory, manual or speaking
8960	8960	skills, the test results accurately reflect the skills, aptitude or whatever
8961	8961	other factor of such applicant or employee that such test purports to
8962	8962	measure, rather than reflecting the impaired sensory, manual or speaking
8963	8963	skills of such employee or applicant (, except where such skills are the
8964	8964	factors that the test purports to measure).
8965	8965	(9) For any employer to:
8966	8966	(A) Seek to obtain, to obtain or to use genetic screening or testing
8967	8967	information of an employee or a prospective employee to distinguish
8968	8968	between or discriminate against or restrict any right or benefit otherwise
8969	8969	due or available to an employee or a prospective employee; or
8970	8970	(B) subject, directly or indirectly, any employee or prospective
8971	8971	employee to any genetic screening or test.
8972	8972	(10) (A) For an employer, because a person is a patient or caregiver
8973	8973	who has been issued a valid identification card pursuant to section 9, and
8974	8974	amendments thereto, or possesses or uses medical cannabis in accordance
8975	8975	with the Kansas medical cannabis act, section 1 et seq., and amendments
8976	8976	thereto, to:
8977	8977	(i) Refuse to hire or employ a person;
8978	8978	(ii) bar or discharge such person from employment; or
8979	8979	(iii) otherwise discriminate against such person in compensation or
8980	8980	in terms, conditions or privileges of employment without a valid business
8981	8981	necessity.
8982	8982	(B) For a labor organization, because a person is a patient or
8983	8983	caregiver who has been issued a valid identification card pursuant to
8984	8984	section 9, and amendments thereto, or possesses or uses medical cannabis
8985	8985	in accordance with the Kansas medical cannabis act, section 1 et seq., and
8986	8986	amendments thereto, to exclude or expel such person from such labor
8987	8987	organization's membership.
8988	8988	(C) Nothing in this paragraph shall be construed to prohibit a person
8989	8989	from taking any action necessary to procure or retain any monetary
8990	8990	benefit provided under federal law, or any rules and regulations adopted
8991	8991	thereunder, or to obtain or maintain any license, certificate, registration
8992	8992	or other legal status issued or bestowed under federal law, or any rules
8993	8993	and regulations adopted thereunder.
8994	8994	(b) It shall not be an unlawful employment practice to fill vacancies
8995	8995	in such way as to eliminate or reduce imbalance with respect to race,
8996	8996	religion, color, sex, disability, national origin or ancestry.
8997	8997	(c) It shall be an unlawful discriminatory practice:
8998	8998	(1) For any person, as defined herein being the owner, operator,
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9039	9039	41
9040	9040	42
9041	9041	43 SB 558 106
9042	9042	lessee, manager, agent or employee of any place of public accommodation
9043	9043	to refuse, deny or make a distinction, directly or indirectly, in offering its
9044	9044	goods, services, facilities, and accommodations to any person as covered
9045	9045	by this act because of race, religion, color, sex, disability, national origin or
9046	9046	ancestry, except where a distinction because of sex is necessary because of
9047	9047	the intrinsic nature of such accommodation.
9048	9048	(2) For any person, whether or not specifically enjoined from
9049	9049	discriminating under any provisions of this act, to aid, abet, incite, compel
9050	9050	or coerce the doing of any of the acts forbidden under this act, or to
9051	9051	attempt to do so.
9052	9052	(3) For any person, to refuse, deny, make a distinction, directly or
9053	9053	indirectly, or discriminate in any way against persons because of the race,
9054	9054	religion, color, sex, disability, national origin or ancestry of such persons
9055	9055	in the full and equal use and enjoyment of the services, facilities,
9056	9056	privileges and advantages of any institution, department or agency of the
9057	9057	state of Kansas or any political subdivision or municipality thereof.
9058	9058	Sec. 89. K.S.A. 44-1015 is hereby amended to read as follows: 44-
9059	9059	1015. As used in this act, unless the context otherwise requires:
9060	9060	(a) "Commission" means the Kansas human rights commission.
9061	9061	(b) "Real property" means and includes:
9062	9062	(1) All vacant or unimproved land; and
9063	9063	(2) any building or structure which is occupied or designed or
9064	9064	intended for occupancy, or any building or structure having a portion
9065	9065	thereof which is occupied or designed or intended for occupancy.
9066	9066	(c) "Family" includes a single individual.
9067	9067	(d) "Person" means an individual, corporation, partnership,
9068	9068	association, labor organization, legal representative, mutual company,
9069	9069	joint-stock company, trust, unincorporated organization, trustee, trustee in
9070	9070	bankruptcy, receiver and fiduciary.
9071	9071	(e) "To rent" means to lease, to sublease, to let and otherwise to grant
9072	9072	for a consideration the right to occupy premises not owned by the
9073	9073	occupant.
9074	9074	(f) "Discriminatory housing practice" means any act that is unlawful
9075	9075	under K.S.A. 44-1016, 44-1017 or 44-1026, and amendments thereto, or
9076	9076	section 71, and amendments thereto.
9077	9077	(g) "Person aggrieved" means any person who claims to have been
9078	9078	injured by a discriminatory housing practice or believes that such person
9079	9079	will be injured by a discriminatory housing practice that is about to occur.
9080	9080	(h) "Disability" has the meaning provided by means the same as
9081	9081	defined in K.S.A. 44-1002, and amendments thereto.
9082	9082	(i) "Familial status" means having one or more individuals less than
9083	9083	18 years of age domiciled with:
9084	9084	(1) A parent or another person having legal custody of such
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9127	9127	43 SB 558 107
9128	9128	individual or individuals; or
9129	9129	(2) the designee of such parent or other person having such custody,
9130	9130	with the written permission of such parent or other person.
9131	9131	Sec. 90. K.S.A. 2023 Supp. 65-1120 is hereby amended to read as
9132	9132	follows: 65-1120. (a) Grounds for disciplinary actions. The board may
9133	9133	deny, revoke, limit or suspend any license or authorization to practice
9134	9134	nursing as a registered professional nurse, as a licensed practical nurse, as
9135	9135	an advanced practice registered nurse or as a registered nurse anesthetist
9136	9136	that is issued by the board or applied for under this act, or may require the
9137	9137	licensee to attend a specific number of hours of continuing education in
9138	9138	addition to any hours the licensee may already be required to attend or
9139	9139	may publicly or privately censure a licensee or holder of a temporary
9140	9140	permit or authorization, if the applicant, licensee or holder of a temporary
9141	9141	permit or authorization is found after hearing:
9142	9142	(1) To be guilty of fraud or deceit in practicing nursing or in
9143	9143	procuring or attempting to procure a license to practice nursing;
9144	9144	(2) to have been guilty of a felony or to have been guilty of a
9145	9145	misdemeanor involving an illegal drug offense unless the applicant or
9146	9146	licensee establishes sufficient rehabilitation to warrant the public trust,
9147	9147	except that notwithstanding K.S.A. 74-120, and amendments thereto, no
9148	9148	license or authorization to practice nursing as a licensed professional
9149	9149	nurse, as a licensed practical nurse, as an advanced practice registered
9150	9150	nurse or registered nurse anesthetist shall be granted to a person with a
9151	9151	felony conviction for a crime against persons as specified in article 34 of
9152	9152	chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article
9153	9153	54 of chapter 21 of the Kansas Statutes Annotated, and amendments
9154	9154	thereto, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418, and
9155	9155	amendments thereto;
9156	9156	(3) has been convicted or found guilty or has entered into an agreed
9157	9157	disposition of a misdemeanor offense related to the practice of nursing as
9158	9158	determined on a case-by-case basis;
9159	9159	(4) to have committed an act of professional incompetency as defined
9160	9160	in subsection (e);
9161	9161	(5) to be unable to practice with skill and safety due to current abuse
9162	9162	of drugs or alcohol;
9163	9163	(6) to be a person who has been adjudged in need of a guardian or
9164	9164	conservator, or both, under the act for obtaining a guardian or conservator,
9165	9165	or both, and who has not been restored to capacity under that act;
9166	9166	(7) to be guilty of unprofessional conduct as defined by rules and
9167	9167	regulations of the board;
9168	9168	(8) to have willfully or repeatedly violated the provisions of the
9169	9169	Kansas nurse practice act or any rules and regulations adopted pursuant to
9170	9170	that act, including K.S.A. 65-1114 and 65-1122, and amendments thereto;
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9214	9214	(9) to have a license to practice nursing as a registered nurse or as a
9215	9215	practical nurse denied, revoked, limited or suspended, or to be publicly or
9216	9216	privately censured, by a licensing authority of another state, agency of the
9217	9217	United States government, territory of the United States or country or to
9218	9218	have other disciplinary action taken against the applicant or licensee by a
9219	9219	licensing authority of another state, agency of the United States
9220	9220	government, territory of the United States or country. A certified copy of
9221	9221	the record or order of public or private censure, denial, suspension,
9222	9222	limitation, revocation or other disciplinary action of the licensing authority
9223	9223	of another state, agency of the United States government, territory of the
9224	9224	United States or country shall constitute prima facie evidence of such a
9225	9225	fact for purposes of this paragraph (9); or
9226	9226	(10) to have assisted suicide in violation of K.S.A. 21-3406, prior to
9227	9227	its repeal, or K.S.A. 21-5407, and amendments thereto, as established by
9228	9228	any of the following:
9229	9229	(A) A copy of the record of criminal conviction or plea of guilty for a
9230	9230	felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-
9231	9231	5407, and amendments thereto.;
9232	9232	(B) a copy of the record of a judgment of contempt of court for
9233	9233	violating an injunction issued under K.S.A. 60-4404, and amendments
9234	9234	thereto.; or
9235	9235	(C) a copy of the record of a judgment assessing damages under
9236	9236	K.S.A. 60-4405, and amendments thereto.
9237	9237	(b) Proceedings. Upon filing of a sworn complaint with the board
9238	9238	charging a person with having been guilty of any of the unlawful practices
9239	9239	specified in subsection (a), two or more members of the board shall
9240	9240	investigate the charges, or the board may designate and authorize an
9241	9241	employee or employees of the board to conduct an investigation. After
9242	9242	investigation, the board may institute charges. If an investigation, in the
9243	9243	opinion of the board, reveals reasonable grounds for believing the
9244	9244	applicant or licensee is guilty of the charges, the board shall fix a time and
9245	9245	place for proceedings, which shall be conducted in accordance with the
9246	9246	provisions of the Kansas administrative procedure act.
9247	9247	(c) Witnesses. No person shall be excused from testifying in any
9248	9248	proceedings before the board under this act or in any civil proceedings
9249	9249	under this act before a court of competent jurisdiction on the ground that
9250	9250	such testimony may incriminate the person testifying, but such testimony
9251	9251	shall not be used against the person for the prosecution of any crime under
9252	9252	the laws of this state except the crime of perjury as defined in K.S.A. 21-
9253	9253	5903, and amendments thereto.
9254	9254	(d) Costs. If final agency action of the board in a proceeding under
9255	9255	this section is adverse to the applicant or licensee, the costs of the board's
9256	9256	proceedings shall be charged to the applicant or licensee as in ordinary
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9300	9300	civil actions in the district court, but if the board is the unsuccessful party,
9301	9301	the costs shall be paid by the board. Witness fees and costs may be taxed
9302	9302	by the board according to the statutes relating to procedure in the district
9303	9303	court. All costs accrued by the board, when it is the successful party, and
9304	9304	which that the attorney general certifies cannot be collected from the
9305	9305	applicant or licensee shall be paid from the board of nursing fee fund. All
9306	9306	moneys collected following board proceedings shall be credited in full to
9307	9307	the board of nursing fee fund.
9308	9308	(e) Professional incompetency defined. As used in this section,
9309	9309	"professional incompetency" means:
9310	9310	(1) One or more instances involving failure to adhere to the
9311	9311	applicable standard of care to a degree which that constitutes gross
9312	9312	negligence, as determined by the board;
9313	9313	(2) repeated instances involving failure to adhere to the applicable
9314	9314	standard of care to a degree which that constitutes ordinary negligence, as
9315	9315	determined by the board; or
9316	9316	(3) a pattern of practice or other behavior which that demonstrates a
9317	9317	manifest incapacity or incompetence to practice nursing.
9318	9318	(f) Criminal justice information. The board upon request shall receive
9319	9319	from the Kansas bureau of investigation such criminal history record
9320	9320	information relating to arrests and criminal convictions as necessary for
9321	9321	the purpose of determining initial and continuing qualifications of
9322	9322	licensees of and applicants for licensure by the board.
9323	9323	(g) Medical cannabis exemption. The board shall not deny, revoke,
9324	9324	limit or suspend the license of any licensee or publicly or privately
9325	9325	censure any licensee for:
9326	9326	(1) Advising a patient about the possible benefits and risks of using
9327	9327	medical cannabis or that using medical cannabis may mitigate the
9328	9328	patient's symptoms; or
9329	9329	(2) any actions as a patient or caregiver who has been issued a valid
9330	9330	identification card pursuant to the Kansas medical cannabis act, section 1
9331	9331	et seq., and amendments thereto, including whether the licensee possesses
9332	9332	or has possessed or uses or has used medical cannabis in accordance with
9333	9333	such act.
9334	9334	Sec. 91. K.S.A. 2023 Supp. 65-28b08 is hereby amended to read as
9335	9335	follows: 65-28b08. (a) The board may deny, revoke, limit or suspend any
9336	9336	license or authorization issued to a certified nurse-midwife to engage in
9337	9337	the independent practice of midwifery that is issued by the board or
9338	9338	applied for under this act, or may publicly censure a licensee or holder of a
9339	9339	temporary permit or authorization, if the applicant or licensee is found
9340	9340	after a hearing:
9341	9341	(1) To be guilty of fraud or deceit while engaging in the independent
9342	9342	practice of midwifery or in procuring or attempting to procure a license to
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9386	9386	engage in the independent practice of midwifery;
9387	9387	(2) to have been found guilty of a felony or to have been found guilty
9388	9388	of a misdemeanor involving an illegal drug offense unless the applicant or
9389	9389	licensee establishes sufficient rehabilitation to warrant the public trust,
9390	9390	except that notwithstanding K.S.A. 74-120, and amendments thereto, no
9391	9391	license or authorization to practice and engage in the independent practice
9392	9392	of midwifery shall be granted to a person with a felony conviction for a
9393	9393	crime against persons as specified in article 34 of chapter 21 of the Kansas
9394	9394	Statutes Annotated, prior to its repeal, or article 54 of chapter 21 of the
9395	9395	Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6104,
9396	9396	21-6325, 21-6326 or 21-6418, and amendments thereto;
9397	9397	(3) to have committed an act of professional incompetence as defined
9398	9398	in subsection (c);
9399	9399	(4) to be unable to practice the healing arts with reasonable skill and
9400	9400	safety by reason of impairment due to physical or mental illness or
9401	9401	condition or use of alcohol, drugs or controlled substances. All
9402	9402	information, reports, findings and other records relating to impairment
9403	9403	shall be confidential and not subject to discovery or release to any person
9404	9404	or entity outside of a board proceeding;
9405	9405	(5) to be a person who has been adjudged in need of a guardian or
9406	9406	conservator, or both, under the act for obtaining a guardian or conservator,
9407	9407	or both, and who has not been restored to capacity under that act;
9408	9408	(6) to be guilty of unprofessional conduct as defined by rules and
9409	9409	regulations of the board;
9410	9410	(7) to have willfully or repeatedly violated the provisions of the
9411	9411	Kansas nurse practice act or any rules and regulations adopted pursuant to
9412	9412	such act;
9413	9413	(8) to have a license to practice nursing as a registered nurse or as a
9414	9414	practical nurse denied, revoked, limited or suspended, or to have been
9415	9415	publicly or privately censured, by a licensing authority of another state,
9416	9416	agency of the United States government, territory of the United States or
9417	9417	country or to have other disciplinary action taken against the applicant or
9418	9418	licensee by a licensing authority of another state, agency of the United
9419	9419	States government, territory of the United States or country. A certified
9420	9420	copy of the record or order of public or private censure, denial, suspension,
9421	9421	limitation, revocation or other disciplinary action of the licensing authority
9422	9422	of another state, agency of the United States government, territory of the
9423	9423	United States or country shall constitute prima facie evidence of such a
9424	9424	fact for purposes of this paragraph; or
9425	9425	(9) to have assisted suicide in violation of K.S.A. 21-3406, prior to its
9426	9426	repeal, or K.S.A. 21-5407, and amendments thereto, as established by any
9427	9427	of the following:
9428	9428	(A) A copy of the record of criminal conviction or plea of guilty to a
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9472	9472	felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-
9473	9473	5407, and amendments thereto;
9474	9474	(B) a copy of the record of a judgment of contempt of court for
9475	9475	violating an injunction issued under K.S.A. 60-4404, and amendments
9476	9476	thereto; or
9477	9477	(C) a copy of the record of a judgment assessing damages under
9478	9478	K.S.A. 60-4405, and amendments thereto.
9479	9479	(b) No person shall be excused from testifying in any proceedings
9480	9480	before the board under this act or in any civil proceedings under this act
9481	9481	before a court of competent jurisdiction on the ground that such testimony
9482	9482	may incriminate the person testifying, but such testimony shall not be used
9483	9483	against the person for the prosecution of any crime under the laws of this
9484	9484	state, except the crime of perjury as defined in K.S.A. 21-5903, and
9485	9485	amendments thereto.
9486	9486	(c) The board shall not deny, revoke, limit or suspend the license or
9487	9487	authorization issued to a certified nurse-midwife or publicly or privately
9488	9488	censure a certified nurse-midwife for:
9489	9489	(1) Advising a patient about the possible benefits and risks of using
9490	9490	medical cannabis or that using medical cannabis may mitigate the
9491	9491	patient's symptoms; or
9492	9492	(2) any actions as a patient or caregiver who has been issued a valid
9493	9493	identification card pursuant to the Kansas medical cannabis act, section 1
9494	9494	et seq., and amendments thereto, including whether the licensee possesses
9495	9495	or has possessed or uses or has used medical cannabis in accordance with
9496	9496	such act.
9497	9497	(d) As used in this section, "professional incompetency" means:
9498	9498	(1) One or more instances involving failure to adhere to the
9499	9499	applicable standard of care to a degree which that constitutes gross
9500	9500	negligence, as determined by the board;
9501	9501	(2) repeated instances involving failure to adhere to the applicable
9502	9502	standard of care to a degree which that constitutes ordinary negligence, as
9503	9503	determined by the board; or
9504	9504	(3) a pattern of practice or other behavior which that demonstrates a
9505	9505	manifest incapacity or incompetence to engage in the independent practice
9506	9506	of midwifery.
9507	9507	(d)(e) The board, upon request, shall receive from the Kansas bureau
9508	9508	of investigation such criminal history record information relating to arrests
9509	9509	and criminal convictions, as necessary, for the purpose of determining
9510	9510	initial and continuing qualifications of licensees and applicants for
9511	9511	licensure by the board.
9512	9512	Sec. 92. K.S.A. 79-5201 is hereby amended to read as follows: 79-
9513	9513	5201. As used in this act article 52 of chapter 79 of the Kansas Statutes
9514	9514	Annotated, and amendments thereto:
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9558	9558	(a) "Marijuana" means any marijuana, whether real or counterfeit, as
9559	9559	defined by K.S.A. 21-5701, and amendments thereto, which is held,
9560	9560	possessed, transported, transferred, sold or offered to be sold in violation
9561	9561	of the laws of Kansas;
9562	9562	(b) "Controlled substance" means any drug or substance, whether real
9563	9563	or counterfeit, as defined by K.S.A. 21-5701, and amendments thereto,
9564	9564	which is held, possessed, transported, transferred, sold or offered to be
9565	9565	sold in violation of the laws of Kansas. Such term shall not include
9566	9566	marijuana;
9567	9567	(c)(b) "dealer" means any person who, in violation of Kansas law,
9568	9568	manufactures, produces, ships, transports or imports into Kansas or in any
9569	9569	manner acquires or possesses more than 28 grams of marijuana, or more
9570	9570	than one gram of any controlled substance, or 10 or more dosage units of
9571	9571	any controlled substance which that is not sold by weight;
9572	9572	(d)(c) "domestic marijuana plant" means any cannabis plant at any
9573	9573	level of growth which that is harvested or tended, manicured, irrigated,
9574	9574	fertilized or where there is other evidence that it has been treated in any
9575	9575	other way in an effort to enhance growth.
9576	9576	(d) "marijuana" means any marijuana, whether real or counterfeit,
9577	9577	as defined in K.S.A. 21-5701, and amendments thereto, that is held,
9578	9578	possessed, transported, transferred, sold or offered for sale in violation of
9579	9579	the laws of Kansas; and
9580	9580	(e) "medical cannabis" means the same as defined in section 2, and
9581	9581	amendments thereto.
9582	9582	Sec. 93. K.S.A. 79-5210 is hereby amended to read as follows: 79-
9583	9583	5210. Nothing in this act requires persons registered under article 16 of
9584	9584	chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or
9585	9585	otherwise lawfully in possession of marijuana, medical cannabis or a
9586	9586	controlled substance to pay the tax required under this act.
9587	9587	Sec. 94. K.S.A. 2-3901, 8-1567, 21-5703, 21-5705, 21-5706, 21-
9588	9588	5707, 21-5709, 21-5710, 21-6109, 21-6607, 22-3717, 23-3201, 38-2269,
9589	9589	44-501, 44-706, 44-1009, 44-1015, 79-5201 and 79-5210 and K.S.A. 2023
9590	9590	Supp. 65-1120 and 65-28b08 are hereby repealed.
9591	9591	Sec. 95. This act shall take effect and be in force from and after its
9592	9592	publication in the statute book.
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