Kansas 2025-2026 Regular Session

Kansas Senate Bill SB294 Compare Versions

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

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 294
3	3	By Committee on Federal and State Affairs
4	4	3-6
5	5	AN ACT concerning health and healthcare; relating to medical cannabis;
6	6	enacting the Kansas medical cannabis act; providing for the licensure
7	7	and regulation of the cultivation, processing, manufacturing,
8	8	distribution, sale and use of medical cannabis and medical cannabis
9	9	products; establishing the medical cannabis registration fund and the
10	10	medical cannabis regulation fund; making exceptions to the crimes of
11	11	unlawful manufacture and possession of controlled substances;
12	12	amending K.S.A. 21-5703, 21-5706, 21-5707, 21-5709, 21-5710, 21-
13	13	6109, 23-3201, 38-2269, 44-1009, 44-1015, 79-5201 and 79-5210 and
14	14	K.S.A. 2024 Supp. 8-1567, 21-5705, 21-6607, 22-3717, 22-4714, 44-
15	15	501, 44-706, 65-1120 and 65-28b08 and repealing the existing sections.
16	16	Be it enacted by the Legislature of the State of Kansas:
17	17	New Section 1. (a) Sections 1 through 41, and amendments thereto,
18	18	shall be known as the Kansas medical cannabis act.
19	19	(b) The legislature hereby declares that the Kansas medical cannabis
20	20	act is enacted pursuant to the police power of the state to protect the health
21	21	of its citizens, which power is reserved to the state of Kansas and its
22	22	people under the 10
23	23	th
24	24	amendment to the constitution of the United States.
25	25	New Sec. 2. As used in the Kansas medical cannabis act:
26	26	(a) "Advertising" means the act of providing consideration for the
27	27	publication, dissemination, solicitation or circulation of visual, oral or
28	28	written communication to directly or indirectly induce any person to
29	29	patronize a particular licensed medical cannabis facility or purchase a
30	30	particular type of medical cannabis or medical cannabis product.
31	31	"Advertising" includes marketing, but does not include the packaging and
32	32	labeling of any medical cannabis or medical cannabis product.
33	33	(b) "Board of healing arts" means the state board of healing arts.
34	34	(c) "Cannabinoid" means any of the chemical compounds that are
35	35	active principles of cannabis.
36	36	(d) (1) "Cannabis" means all parts of all varieties of the plant
37	37	Cannabis sativa whether growing or not, including, but not limited to, the
38	38	seeds thereof, the resin extracted from any part of the plant and every
39	39	compound, manufacture, salt, derivative, mixture or preparation of the
40	40	plant, its seeds or resin.
41	41	(2) "Cannabis" does not include:
42	42	1
43	43	2
44	44	3
45	45	4
46	46	5
47	47	6
48	48	7
49	49	8
50	50	9
51	51	10
52	52	11
53	53	12
54	54	13
55	55	14
56	56	15
57	57	16
58	58	17
59	59	18
60	60	19
61	61	20
62	62	21
63	63	22
64	64	23
65	65	24
66	66	25
67	67	26
68	68	27
69	69	28
70	70	29
71	71	30
72	72	31
73	73	32
74	74	33
75	75	34
76	76	35
77	77	36 SB 294 2
78	78	(A) The mature stalks of the plant, fiber produced from the stalks, oil
79	79	or cake made from the seeds of the plant, any other compound,
80	80	manufacture, salt, derivative, mixture or preparation of the mature stalks,
81	81	except the resin extracted therefrom, fiber, oil or cake or the sterilized seed
82	82	of the plant that is incapable of germination;
83	83	(B) any substance listed in schedules II through V of the uniform
84	84	controlled substances act;
85	85	(C) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-
86	86	2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
87	87	(D) industrial hemp, as defined in K.S.A. 2-3901, and amendments
88	88	thereto, when cultivated, produced, possessed or used for activities
89	89	authorized by the commercial industrial hemp act.
90	90	(e) "Caregiver" means an individual who holds a caregiver
91	91	identification card issued pursuant to section 9, and amendments thereto.
92	92	(f) "Cultivate" means the same as defined in K.S.A. 65-4101, and
93	93	amendments thereto.
94	94	(g) "Cultivator" means a person licensed pursuant to section 17, and
95	95	amendments thereto, to cultivate, prepare and package medical cannabis
96	96	and to sell medical cannabis to patients, caregivers, processors and
97	97	medical cannabis pharmacies.
98	98	(h) "Department" means the department of health and environment.
99	99	(i) "Disposal facility" means a premises licensed pursuant to section
100	100	17, and amendments thereto, where medical cannabis waste is disposed of
101	101	by one or more processes that render such waste unusable and
102	102	unrecognizable through destruction or recycling.
103	103	(j) "Director" means the director of the division of alcoholic beverage
104	104	control.
105	105	(k) "Educational research facility" means a premises licensed
106	106	pursuant to section 18, and amendments thereto, where training and
107	107	education involving the cultivation, growing, harvesting, curing,
108	108	preparing, packaging or testing of medical cannabis and the production,
109	109	manufacture, extraction, processing, packaging or creation of medical
110	110	cannabis products is provided to individuals.
111	111	(l) "Laboratory" means a person licensed pursuant to section 17, and
112	112	amendments thereto, to conduct quality control testing on medical
113	113	cannabis and medical cannabis products.
114	114	(m) "Licensee" means any person holding a license issued pursuant to
115	115	section 17, and amendments thereto, to operate as a cultivator, processor,
116	116	laboratory or medical cannabis pharmacy.
117	117	(n) "Licensed premises" means the premises specified in an
118	118	application for a cultivator, processor, laboratory or medical cannabis
119	119	pharmacy license that is owned or leased by the person holding such
120	120	license.
121	121	1
122	122	2
123	123	3
124	124	4
125	125	5
126	126	6
127	127	7
128	128	8
129	129	9
130	130	10
131	131	11
132	132	12
133	133	13
134	134	14
135	135	15
136	136	16
137	137	17
138	138	18
139	139	19
140	140	20
141	141	21
142	142	22
143	143	23
144	144	24
145	145	25
146	146	26
147	147	27
148	148	28
149	149	29
150	150	30
151	151	31
152	152	32
153	153	33
154	154	34
155	155	35
156	156	36
157	157	37
158	158	38
159	159	39
160	160	40
161	161	41
162	162	42
163	163	43 SB 294 3
164	164	(o) "Limited medical provider" means a physician or physician's
165	165	assistant who satisfies the qualifications under section 15, and
166	166	amendments thereto, but who has not more than 15 patients who hold a
167	167	valid medical cannabis identification card, or an advance practice
168	168	registered nurse who satisfies the qualifications under section 16, and
169	169	amendments thereto, but who has not more than 15 patients who hold a
170	170	valid medical cannabis identification card.
171	171	(p) (1) "Major life activity" includes, but is not limited to, caring for
172	172	oneself, performing manual tasks, seeing, hearing, eating, sleeping,
173	173	walking, standing, lifting, bending, speaking, breathing, learning, reading,
174	174	concentrating, thinking, communicating and working.
175	175	(2) "Major life activity" also includes the operation of a major bodily
176	176	function, including but not limited to, functions of the immune system,
177	177	normal cell growth, digestive, bowel, bladder, neurological, brain,
178	178	respiratory, circulatory, endocrine and reproductive functions.
179	179	(q) "Manufacture" means the production, propagation, compounding
180	180	or processing of a medical cannabis product, excluding cannabis plants,
181	181	either directly or indirectly, by extraction from substances of natural or
182	182	synthetic origin, by means of chemical synthesis or by a combination of
183	183	extraction and chemical synthesis.
184	184	(r) "Medical cannabis" means cannabis that is cultivated, processed,
185	185	manufactured, tested, sold, possessed or used for a medical purposes.
186	186	(s) "Medical cannabis concentrate" means a medical cannabis
187	187	concentrate produced by extracting cannabinoids and other plant
188	188	compounds from cannabis through the use of heat, cold or pressure.
189	189	(t) "Medical cannabis pharmacy" means a person licensed pursuant to
190	190	section 17, and amendments thereto, to sell medical cannabis and medical
191	191	cannabis products to patients and caregivers.
192	192	(u) (1) "Medical cannabis product" means a product that contains
193	193	cannabinoids that have been extracted from plant material or the resin of a
194	194	plant and is intended for administration to a patient, including, but is not
195	195	limited to: Suppositories; oils; tinctures; plant material; ingestibles; topical
196	196	forms; gels; creams; vapors; patches; liquids and any form administered by
197	197	an atomizer or nebulizer.
198	198	(2) "Medical cannabis product" does not include any form or method
199	199	of using medical cannabis that is considered attractive to children.
200	200	(v) "Medical cannabis waste" means any of the following:
201	201	(1) Medical cannabis, medical cannabis concentrate or medical
202	202	cannabis products that are:
203	203	(A) Unused, surplus, returned or expired;
204	204	(B) determined to have failed laboratory testing standards and cannot
205	205	be remediated or decontaminated; or
206	206	(C) part of the inventory of a licensee or educational research facility
207	207	1
208	208	2
209	209	3
210	210	4
211	211	5
212	212	6
213	213	7
214	214	8
215	215	9
216	216	10
217	217	11
218	218	12
219	219	13
220	220	14
221	221	15
222	222	16
223	223	17
224	224	18
225	225	19
226	226	20
227	227	21
228	228	22
229	229	23
230	230	24
231	231	25
232	232	26
233	233	27
234	234	28
235	235	29
236	236	30
237	237	31
238	238	32
239	239	33
240	240	34
241	241	35
242	242	36
243	243	37
244	244	38
245	245	39
246	246	40
247	247	41
248	248	42
249	249	43 SB 294 4
250	250	and:
251	251	(i) Such licensee or facility has permanently closed;
252	252	(ii) such inventory was not acquired as authorized by the Kansas
253	253	medical cannabis act; or
254	254	(iii) such inventory cannot be lawfully transferred or sold to another
255	255	licensee or educational research facility; or
256	256	(2) the debris of the plant Cannabis sativa, including any dead plants
257	257	or parts of the plant that are not used by a licensee, except "medical
258	258	cannabis waste" does not include the seeds, roots, stems, stalks or fan
259	259	leaves of such plants.
260	260	(w) "Medical provider" means a qualified medical provider or a
261	261	limited medical provider.
262	262	(x) "Patient" means an individual who has been issued a valid
263	263	identification card pursuant to section 9, and amendments thereto.
264	264	(y) "Person" means an individual, partnership, limited partnership,
265	265	limited liability partnership, limited liability company, trust, estate,
266	266	association, corporation, cooperative or any other legal or commercial
267	267	organization.
268	268	(z) "Processor" means a person licensed pursuant to section 17, and
269	269	amendments thereto, to produce, manufacture, package or create medical
270	270	cannabis concentrate or medical cannabis products.
271	271	(aa) "Qualified medical provider" means a physician or physician's
272	272	assistant who is certified pursuant to section 15, and amendments thereto,
273	273	to recommend treatment with medical cannabis or an advance practice
274	274	registered nurse who is certified pursuant to section 16, and amendments
275	275	thereto, to recommend treatment with medical cannabis.
276	276	(bb) "Qualifying medical condition" means a temporary disability or
277	277	illness due to injury or surgery or a permanent disability or illness that
278	278	includes:
279	279	(1) Alzheimers;
280	280	(2) amyotrophic lateral sclerosis;
281	281	(3) cancer;
282	282	(4) dementia;
283	283	(5) inflammatory bowel conditions and diseases;
284	284	(6) epilepsy or other seizure disorders;
285	285	(7) multiple sclerosis;
286	286	(8) Parkinsons disease;
287	287	(9) post-traumatic stress disorder that:
288	288	(A) Has been diagnosed by a healthcare provider or mental health
289	289	provider employed or contracted by the United States veterans
290	290	administration, evidenced by copies of medical records from the United
291	291	States veterans administration that are included as part of the patient's
292	292	medical record documentation; or
293	293	1
294	294	2
295	295	3
296	296	4
297	297	5
298	298	6
299	299	7
300	300	8
301	301	9
302	302	10
303	303	11
304	304	12
305	305	13
306	306	14
307	307	15
308	308	16
309	309	17
310	310	18
311	311	19
312	312	20
313	313	21
314	314	22
315	315	23
316	316	24
317	317	25
318	318	26
319	319	27
320	320	28
321	321	29
322	322	30
323	323	31
324	324	32
325	325	33
326	326	34
327	327	35
328	328	36
329	329	37
330	330	38
331	331	39
332	332	40
333	333	41
334	334	42
335	335	43 SB 294 5
336	336	(B) has been diagnosed or confirmed through face-to-face or
337	337	telehealth evaluation of the patient by a healthcare provider who is a:
338	338	(i) Licensed psychiatrist, masters level psychologist or masters level
339	339	clinical social worker;
340	340	(ii) licensed advanced practice registered nurse who is qualified to
341	341	practice within the psychiatric mental health nursing specialty; or
342	342	(iii) licensed physician assistant who is qualified to specialize in
343	343	mental health care;
344	344	(10) sickle cell anemia;
345	345	(11) HIV or acquired immune deficiency syndrome;
346	346	(12) cachexia;
347	347	(13) Crohn's disease or ulcerative colitis;
348	348	(14) austism;
349	349	(15) persistent nausea that is not significantly responsive to
350	350	traditional treatment, except for nausea related to:
351	351	(A) pregnancy;
352	352	(B) cannabis-induced cyclical vomiting syndrome; or
353	353	(C) cannabinoid hyperemesis syndrome;
354	354	(16) a terminal illness when the patient's remaining life expectancy is
355	355	less than six months;
356	356	(17) a condition resulting in the individual receiving hospice care;
357	357	(18) a rare condition or disease that:
358	358	(A) Affects less than 200,000 individuals in the United States; and
359	359	(B) is not adequately managed despite treatment attempts using:
360	360	(i) Conventional medications other than opioids or opiates; or
361	361	(ii) physical interventions;
362	362	(19) spinal cord disease or injury;
363	363	(20) severe or intractable pain:
364	364	(A) Lasting longer than two weeks that, in the opinion of the patient's
365	365	physician, is not adequately managed despite treatment attempts using:
366	366	(i) Conventional medications other than opioids or opiates; or
367	367	(ii) physical interventions; or
368	368	(B) that is expected to last for two weeks or longer for an acute
369	369	condition, including a surgical procedure, for which a medical professional
370	370	may generally prescribe opioids for a limited duration; or
371	371	(21) any other disease or condition adopted by the secretary of health
372	372	and environment upon petition recommended for approval by the medical
373	373	cannabis advisory committee.
374	374	(cc) "Secretary" means the secretary of the department of health and
375	375	environment.
376	376	New Sec. 3. (a) No person shall grow, harvest, process, sell, barter,
377	377	transport, deliver, furnish or otherwise possess any form of cannabis,
378	378	except as specifically provided in the medical cannabis regulation act, the
379	379	1
380	380	2
381	381	3
382	382	4
383	383	5
384	384	6
385	385	7
386	386	8
387	387	9
388	388	10
389	389	11
390	390	12
391	391	13
392	392	14
393	393	15
394	394	16
395	395	17
396	396	18
397	397	19
398	398	20
399	399	21
400	400	22
401	401	23
402	402	24
403	403	25
404	404	26
405	405	27
406	406	28
407	407	29
408	408	30
409	409	31
410	410	32
411	411	33
412	412	34
413	413	35
414	414	36
415	415	37
416	416	38
417	417	39
418	418	40
419	419	41
420	420	42
421	421	43 SB 294 6
422	422	Kansas cannabidiol regulation act, section 46 et seq., and amendments
423	423	thereto, or the commercial industrial hemp act, K.S.A. 2-3901 et seq., and
424	424	amendments thereto.
425	425	(b) Nothing in the Kansas medical cannabis act shall be construed to:
426	426	(1) Require a physician to recommend that a patient use medical
427	427	cannabis to treat a qualifying medical condition;
428	428	(2) permit the use, possession or administration of medical cannabis
429	429	other than as authorized by this act;
430	430	(3) permit the use, possession or administration of medical cannabis
431	431	on federal land located in this state;
432	432	(4) permit the use or administration of medical cannabis on any
433	433	property owned, operated or leased by any state agency or political
434	434	subdivision thereof or any city, county or other municipality;
435	435	(5) require any public place to accommodate a patient's use of
436	436	medical cannabis;
437	437	(6) prohibit any public place from accommodating a patient's use of
438	438	medical cannabis; or
439	439	(7) restrict research related to cannabis conducted at a postsecondary
440	440	educational institution, academic medical center or private research and
441	441	development organization as part of a research protocol approved by an
442	442	institutional review board or equivalent entity.
443	443	New Sec. 4. (a) The secretary shall administer the provisions of this
444	444	act and provide for the registration of patients and caregivers, including
445	445	the issuance of identification cards to such patients and caregivers in
446	446	accordance with the provisions of this act.
447	447	(b) The board of healing arts shall administer the provisions of this
448	448	act regarding the certification of physicians and physician assistants
449	449	authorizing such physicians and physician assistants to recommend
450	450	medical cannabis as a treatment for patients.
451	451	(c) The board of nursing shall administer the provisions of this act
452	452	regarding the certification of advance practice registered nurses
453	453	authorizing such advance practice registered nurses to recommend medical
454	454	cannabis as a treatment for patients.
455	455	(d) The director shall administer the provisions of this act and provide
456	456	for the licensure of cultivators, laboratories, processors, medical cannabis
457	457	pharmacies, disposal facilities and educational research facilities.
458	458	New Sec. 5. (a) Except as permitted under subsection (c), the
459	459	following individuals shall not solicit or accept, directly or indirectly, any
460	460	gift, gratuity, emolument or employment from any person who is an
461	461	applicant for any license or is a licensee under the provisions of this act or
462	462	any officer, agent or employee thereof, or solicit requests from or
463	463	recommend, directly or indirectly, to any such person, the appointment of
464	464	any individual to any place or position:
465	465	1
466	466	2
467	467	3
468	468	4
469	469	5
470	470	6
471	471	7
472	472	8
473	473	9
474	474	10
475	475	11
476	476	12
477	477	13
478	478	14
479	479	15
480	480	16
481	481	17
482	482	18
483	483	19
484	484	20
485	485	21
486	486	22
487	487	23
488	488	24
489	489	25
490	490	26
491	491	27
492	492	28
493	493	29
494	494	30
495	495	31
496	496	32
497	497	33
498	498	34
499	499	35
500	500	36
501	501	37
502	502	38
503	503	39
504	504	40
505	505	41
506	506	42
507	507	43 SB 294 7
508	508	(1) The secretary or any officer, employee or agent of the department
509	509	of health and environment;
510	510	(2) the secretary of revenue, the director or any officer, employee or
511	511	agent of the division of alcoholic beverage control;
512	512	(3) any member of the state board of healing arts; or
513	513	(4) any member of the board of nursing.
514	514	(b) Except as permitted under subsection (c), an applicant for a
515	515	license or a licensee under the provisions of this act shall not offer any gift,
516	516	gratuity, emolument or employment to any of the following:
517	517	(1) The secretary or any officer, employee or agent of the department;
518	518	(2) the secretary of revenue, the director or any officer, employee or
519	519	agent of the division of alcoholic beverage control;
520	520	(3) any member of the state board of healing arts; or
521	521	(4) any member of the board of nursing.
522	522	(c) The secretary, the secretary of revenue, the state board of healing
523	523	arts and the board of nursing may adopt rules and regulations for their
524	524	respective agencies allowing the acceptance of official hospitality by the
525	525	respective secretary, members of the state board of healing arts, the board
526	526	of nursing and employees of each such respective agency, subject to any
527	527	limits as prescribed by such rules and regulations.
528	528	(d) If the secretary, the secretary of revenue, any member of the state
529	529	board of healing arts, the board of nursing or any employee of each such
530	530	respective agency violates any provision of this section, such person shall
531	531	be removed from such person's office or employment.
532	532	(e) Violation of any provision of this section is a severity level 7,
533	533	nonperson felony.
534	534	(f) Nothing in this section shall be construed to prohibit the
535	535	prosecution and punishment of any person for any other crime in the
536	536	Kansas criminal code.
537	537	New Sec. 6. All actions taken by the secretary, the director, the state
538	538	board of healing arts or the board of nursing under the Kansas medical
539	539	cannabis act shall be in accordance with the Kansas administrative
540	540	procedure act and reviewable in accordance with the Kansas judicial
541	541	review act.
542	542	New Sec. 7. (a) There is hereby established within the department the
543	543	Kansas medical cannabis advisory board. The Kansas medical cannabis
544	544	advisory board shall consist of 24 members as follows:
545	545	(1) The secretary, or the secretary's designee;
546	546	(2) the secretary of agriculture, or the secretary's designee;
547	547	(3) the secretary for aging and disability services, or the secretary's
548	548	designee;
549	549	(4) four members each appointed respectively by the speaker of the
550	550	house of representatives, the president of the senate, the majority leader of
551	551	1
552	552	2
553	553	3
554	554	4
555	555	5
556	556	6
557	557	7
558	558	8
559	559	9
560	560	10
561	561	11
562	562	12
563	563	13
564	564	14
565	565	15
566	566	16
567	567	17
568	568	18
569	569	19
570	570	20
571	571	21
572	572	22
573	573	23
574	574	24
575	575	25
576	576	26
577	577	27
578	578	28
579	579	29
580	580	30
581	581	31
582	582	32
583	583	33
584	584	34
585	585	35
586	586	36
587	587	37
588	588	38
589	589	39
590	590	40
591	591	41
592	592	42
593	593	43 SB 294 8
594	594	the house of representatives and the minority leader of the senate;
595	595	(5) one member appointed by the silver haired legislature;
596	596	(6) the director, or the director's designee;
597	597	(7) the director of the Kansas bureau of investigation, or the director's
598	598	designee;
599	599	(8) the executive director of the league of Kansas municipalities, or
600	600	the executive director's designee;
601	601	(9) 13 members appointed by the governor as follows:
602	602	(A) Two members who support the use of cannabis for medical
603	603	purposes and who are or were patients who found relief from the use of
604	604	medical cannabis;
605	605	(B) one member designated by the Kansas association of addiction
606	606	professionals;
607	607	(C) two licensed physicians who have completed cannabis-specific
608	608	continuing medical education training;
609	609	(D) two licensed registered nurses who have completed medical
610	610	cannabis training;
611	611	(E) one licensed pharmacist;
612	612	(F) one member who has experience in the science of cannabis;
613	613	(G) one member who is an attorney knowledgeable about medical
614	614	cannabis laws in the United States;
615	615	(H) one member recommended by the secretary of agriculture who
616	616	has experience in horticulture; and
617	617	(I) two members who have experience in the medical cannabis
618	618	industry.
619	619	(b) Members of the Kansas medical cannabis advisory board shall
620	620	serve for a term of two years. Any vacancy in a position on the board shall
621	621	be filled in the same manner as the original appointment.
622	622	(c) On or before September 1, 2025, and each year thereafter, the
623	623	board shall meet to elect a chairperson and vice chairperson from the
624	624	members appointed pursuant to subsection (a)(9).
625	625	(d) The Kansas medical cannabis advisory board shall advise the
626	626	secretary, the board of healing arts and the board of nursing on the
627	627	adoption of rules and regulations pertaining to the following:
628	628	(1) Registration of patients and caregivers;
629	629	(2) issuance and renewal of identification cards and the fees therefor;
630	630	(3) certification of physicians, physician assistants and advance
631	631	practice registered nurses, including any continuing education
632	632	requirements;
633	633	(4) purchasing and transportation of medical cannabis by patients and
634	634	caregivers, including, but not limited to, any limits on the form or amount
635	635	of medical cannabis or medical cannabis products that can be purchased or
636	636	possessed; and
637	637	1
638	638	2
639	639	3
640	640	4
641	641	5
642	642	6
643	643	7
644	644	8
645	645	9
646	646	10
647	647	11
648	648	12
649	649	13
650	650	14
651	651	15
652	652	16
653	653	17
654	654	18
655	655	19
656	656	20
657	657	21
658	658	22
659	659	23
660	660	24
661	661	25
662	662	26
663	663	27
664	664	28
665	665	29
666	666	30
667	667	31
668	668	32
669	669	33
670	670	34
671	671	35
672	672	36
673	673	37
674	674	38
675	675	39
676	676	40
677	677	41
678	678	42
679	679	43 SB 294 9
680	680	(5) education, research and treatment with medical cannabis.
681	681	(e) The Kansas medical cannabis advisory board shall advise the
682	682	secretary of revenue and the director on the adoption of rules and
683	683	regulations pertaining to the following:
684	684	(1) Applications for licensure;
685	685	(2) issuance and renewal of licenses, including the fees therefor;
686	686	(3) security of licensed premises;
687	687	(4) testing of medical cannabis, medical cannabis concentrate and
688	688	medical cannabis products;
689	689	(5) transportation of medical cannabis, medical cannabis concentrate
690	690	and medical cannabis products;
691	691	(6) education, research and advertising of medical cannabis;
692	692	(7) electronic monitoring of medical cannabis from seed source to
693	693	retail sale to a patient or caregiver as required under section 31, and
694	694	amendments thereto;
695	695	(8) policies and procedures related to the receipt, storage, packaging,
696	696	labeling, handling, manufacturing, tracking and retail sale of medical
697	697	cannabis, medical cannabis concentrate and medical cannabis products;
698	698	(9) a request for proposal process to identify a laboratory that has
699	699	operated within the legal cannabis sector for at least two years for assisting
700	700	in duties including, but not limited to, validation of test results and
701	701	calibration of equipment pursuant to section 27, and amendments thereto;
702	702	(10) purchasing and financial transactions pertaining to ordering
703	703	medical cannabis through the internet and delivery protocols;
704	704	(11) procedures for a general lottery for the issuance of licenses as
705	705	required under section 22, and amendments thereto; and
706	706	(12) medical cannabis waste management.
707	707	(f) (1) (A) Any person may submit a petition to the medical cannabis
708	708	advisory board requesting that a disease or condition:
709	709	(i) Be added as a qualifying medical condition for the purposes of this
710	710	act; or
711	711	(ii) that was previously recommended for approval by the board and
712	712	included as a qualifying medical condition by the secretary of health and
713	713	environment through the adoption of rules and regulations, be removed as
714	714	a qualifying medical condition for purposes of this act.
715	715	(B) The petition shall be submitted in such form and manner as
716	716	prescribed by the secretary of health and environment. A petition shall not
717	717	seek to add or remove a broad category of diseases or conditions but shall
718	718	be limited to one disease or condition and include a description of such
719	719	disease or condition.
720	720	(2) Upon receipt of a petition, the board shall review such petition to
721	721	determine whether to recommend the approval or denial of the disease or
722	722	condition described in the petition as an addition to or removal from the
723	723	1
724	724	2
725	725	3
726	726	4
727	727	5
728	728	6
729	729	7
730	730	8
731	731	9
732	732	10
733	733	11
734	734	12
735	735	13
736	736	14
737	737	15
738	738	16
739	739	17
740	740	18
741	741	19
742	742	20
743	743	21
744	744	22
745	745	23
746	746	24
747	747	25
748	748	26
749	749	27
750	750	28
751	751	29
752	752	30
753	753	31
754	754	32
755	755	33
756	756	34
757	757	35
758	758	36
759	759	37
760	760	38
761	761	39
762	762	40
763	763	41
764	764	42
765	765	43 SB 294 10
766	766	list of qualifying medical conditions. The board may consolidate the
767	767	review of petitions for the same or similar diseases or conditions. In
768	768	making its determination, the board shall:
769	769	(A) Consult with one or more experts who specialize in the study of
770	770	the disease or condition;
771	771	(B) review any relevant medical or scientific evidence pertaining to
772	772	the disease or condition;
773	773	(C) consider whether conventional medical therapies are insufficient
774	774	to treat or alleviate the disease or condition;
775	775	(D) review evidence supporting the use of medical cannabis to treat
776	776	or alleviate the disease or condition; and
777	777	(E) review any letters of support provided by physicians with
778	778	knowledge of the disease or condition, including any letter provided by a
779	779	physician treating the petitioner.
780	780	(3) Upon completion of its review, the board shall make a
781	781	recommendation to the secretary of health and environment whether to
782	782	approve or deny the addition or removal of the disease or condition to the
783	783	list of qualifying medical conditions. The secretary shall adopt rules and
784	784	regulations in accordance with the recommendation of the board.
785	785	(4) Prior to July 1, 2026, and every three years thereafter, the board
786	786	shall review all diseases or conditions that have been recommended for
787	787	approval by the board and adopted by the secretary of health and
788	788	environment through rules and regulations to determine if the inclusion of
789	789	any such diseases or conditions are no longer supported by scientific
790	790	evidence. The inclusion of any such disease or condition that the board
791	791	determines is no longer supported by scientific evidence shall be
792	792	recommended by the board to the secretary of health and environment for
793	793	removal from the list of qualifying medical conditions.
794	794	(g) On or before January 15, 2026, and each January 15 thereafter, the
795	795	Kansas medical cannabis advisory board shall prepare and submit a report
796	796	to the legislature on the implementation of the Kansas medical cannabis
797	797	act during the previous calendar year and recommendations for statutory
798	798	changes to such act.
799	799	New Sec. 8. (a) The secretary shall begin accepting applications for
800	800	identification cards on or before January 1, 2026.
801	801	(b) The secretary shall develop and publish a website to provide
802	802	information about the Kansas medical cannabis act. A link to the website
803	803	shall be located in a prominent location on the primary website for the
804	804	Kansas medical cannabis advisory board. The department website may
805	805	include, but shall not be limited to, the following:
806	806	(1) The ability to search for any of the following:
807	807	(A) Certified medical providers;
808	808	(B) licensed cultivators and processors or manufacturers; and
809	809	1
810	810	2
811	811	3
812	812	4
813	813	5
814	814	6
815	815	7
816	816	8
817	817	9
818	818	10
819	819	11
820	820	12
821	821	13
822	822	14
823	823	15
824	824	16
825	825	17
826	826	18
827	827	19
828	828	20
829	829	21
830	830	22
831	831	23
832	832	24
833	833	25
834	834	26
835	835	27
836	836	28
837	837	29
838	838	30
839	839	31
840	840	32
841	841	33
842	842	34
843	843	35
844	844	36
845	845	37
846	846	38
847	847	39
848	848	40
849	849	41
850	850	42
851	851	43 SB 294 11
852	852	(C) licensed medical cannabis pharmacies;
853	853	(2) contact information for applying for an identification card,
854	854	including the phone number and email;
855	855	(3) information regarding the process for appealing a decision of the
856	856	secretary;
857	857	(4) application forms for identification cards; and
858	858	(5) crop damage report forms, including a portal to upload documents
859	859	and pictures.
860	860	New Sec. 9. (a) A patient seeking to use medical cannabis or a
861	861	caregiver seeking to assist a patient in the use or administration of medical
862	862	cannabis shall apply to the secretary for an identification card authorizing
863	863	the possession and use of medical cannabis and medical cannabis products
864	864	as authorized by this act. The application for an identification card shall be
865	865	submitted in such form and manner as prescribed by the secretary and
866	866	include the required fee and the written recommendation from the patient's
867	867	medical provider to treat such patient with medical cannabis because such
868	868	patient has a qualifying medical condition.
869	869	(b) (1) The fee for a patient identification card or the renewal thereof
870	870	shall be established by rules and regulations adopted by the secretary,
871	871	except that such fee shall be waived for any applicant that submits proof
872	872	that the applicant:
873	873	(A) Qualifies for services under the Kansas medical assistance
874	874	program; or
875	875	(B) is certified by the Kansas department for aging and disability
876	876	services or by the Kansas department for children and families as having a
877	877	physical or mental impairment that constitutes a substantial barrier to
878	878	employment.
879	879	(2) The fee for a caregiver identification card or the renewal thereof
880	880	shall be established by rules and regulations adopted by secretary.
881	881	(c) The secretary shall not issue an identification card to an applicant
882	882	who is under 18 years of age unless the applicant submits written
883	883	recommendations from two medical providers that such applicant has a
884	884	qualifying medical condition, and such applicant's custodial parent or legal
885	885	guardian with responsibility for healthcare decisions for such applicant
886	886	obtains a caregiver identification card and is designated as such applicant's
887	887	caregiver.
888	888	(d) (1) A patient may designate any individual who is 18 years of age
889	889	or older as such patient's caregiver, including the owner, operator or any
890	890	trained staff of a licensed clinic, healthcare facility, hospice or home health
891	891	agency, group home or halfway house, and any individual who has been
892	892	designated as a caregiver by another patient.
893	893	(2) A caregiver may be less than 18 years of age if:
894	894	(A) The caregiver is the parent of the patient, and the patient is under
895	895	1
896	896	2
897	897	3
898	898	4
899	899	5
900	900	6
901	901	7
902	902	8
903	903	9
904	904	10
905	905	11
906	906	12
907	907	13
908	908	14
909	909	15
910	910	16
911	911	17
912	912	18
913	913	19
914	914	20
915	915	21
916	916	22
917	917	23
918	918	24
919	919	25
920	920	26
921	921	27
922	922	28
923	923	29
924	924	30
925	925	31
926	926	32
927	927	33
928	928	34
929	929	35
930	930	36
931	931	37
932	932	38
933	933	39
934	934	40
935	935	41
936	936	42
937	937	43 SB 294 12
938	938	18 years of age;
939	939	(B) the caregiver is otherwise authorized by law to make healthcare
940	940	decisions for the patient; or
941	941	(C) it is demonstrated to the satisfaction of the director that the
942	942	patient needs a caregiver and there is no individual 18 years of age or older
943	943	who can adequately perform the duties of a caregiver for such patient.
944	944	(e) A patient or caregiver identification card shall be valid for the
945	945	period of time stated on such card and may be renewed by submitting a
946	946	renewal application in such form and manner as prescribed by the
947	947	secretary and paying the required fee.
948	948	(f) (1) Any information collected by the director pursuant to this
949	949	section is confidential and not a public record. The secretary may share
950	950	information identifying a specific patient or caregiver with a licensed
951	951	medical cannabis pharmacy for the purpose of confirming that such patient
952	952	or caregiver has a valid identification card. The provisions of this
953	953	subsection shall expire on July 1, 2030, unless the legislature reviews and
954	954	reenacts such provisions in accordance with K.S.A. 45-229, and
955	955	amendments thereto, prior to July 1, 2030.
956	956	(2) It shall be a class B nonperson misdemeanor for any person to
957	957	release any confidential information collected by the secretary except as
958	958	authorized under this act.
959	959	New Sec. 10. (a) A written recommendation from a medical provider
960	960	shall include a statement that such medical provider has taken
961	961	responsibility for an aspect of the medical care, treatment, diagnosis,
962	962	counseling or referral of a patient, has conducted a medical examination of
963	963	such patient and has determined such patient suffers from a qualifying
964	964	medical condition.
965	965	(b) In the case of a patient who is under 18 years of age, the medical
966	966	provider may recommend treatment with medical cannabis only after
967	967	obtaining the consent of the patient's parent or legal guardian responsible
968	968	for making healthcare decisions for the patient.
969	969	(c) A medical provider shall be immune from civil liability, shall not
970	970	be subject to professional disciplinary action by the state board of healing
971	971	arts or the board of nursing and is immune from criminal prosecution for
972	972	any of the following actions:
973	973	(1) Advising a patient, patient representative or caregiver about the
974	974	benefits and risks of medical cannabis to treat a qualifying medical
975	975	condition;
976	976	(2) recommending that a patient use medical cannabis to treat or
977	977	alleviate a qualifying medical condition; and
978	978	(3) monitoring a patient's treatment with medical cannabis.
979	979	New Sec. 11. (a) There is hereby established the medical cannabis
980	980	registration fund in the state treasury. The secretary shall administer the
981	981	1
982	982	2
983	983	3
984	984	4
985	985	5
986	986	6
987	987	7
988	988	8
989	989	9
990	990	10
991	991	11
992	992	12
993	993	13
994	994	14
995	995	15
996	996	16
997	997	17
998	998	18
999	999	19
1000	1000	20
1001	1001	21
1002	1002	22
1003	1003	23
1004	1004	24
1005	1005	25
1006	1006	26
1007	1007	27
1008	1008	28
1009	1009	29
1010	1010	30
1011	1011	31
1012	1012	32
1013	1013	33
1014	1014	34
1015	1015	35
1016	1016	36
1017	1017	37
1018	1018	38
1019	1019	39
1020	1020	40
1021	1021	41
1022	1022	42
1023	1023	43 SB 294 13
1024	1024	medical cannabis registration fund and shall remit all moneys collected
1025	1025	from the payment of all fees and fines imposed by the secretary pursuant
1026	1026	to the Kansas medical cannabis act and any other moneys received by or
1027	1027	on behalf of the secretary pursuant to such act to the state treasurer in
1028	1028	accordance with the provisions of K.S.A. 75-4215, and amendments
1029	1029	thereto. Upon receipt of each such remittance, the state treasurer shall
1030	1030	deposit the entire amount in the state treasury to the credit of the medical
1031	1031	cannabis registration fund. Moneys credited to the medical cannabis
1032	1032	registration fund shall only be expended or transferred as provided in this
1033	1033	section. Expenditures from such fund shall be made in accordance with
1034	1034	appropriation acts upon warrants of the director of accounts and reports
1035	1035	issued pursuant to vouchers approved by the secretary or the secretary's
1036	1036	designee.
1037	1037	(b) Moneys in the medical cannabis registration fund shall be used for
1038	1038	the payment or reimbursement of costs related to the regulation and
1039	1039	enforcement of the possession and use of medical cannabis by the
1040	1040	secretary.
1041	1041	New Sec. 12. (a) In addition to or in lieu of any other civil or criminal
1042	1042	penalty as provided by law, the secretary may impose a civil penalty or
1043	1043	suspend or revoke a patient or caregiver identification card upon a finding
1044	1044	that the patient or caregiver committed a violation as provided in this
1045	1045	section.
1046	1046	(b) Nothing in this act shall be construed to require the secretary to
1047	1047	enforce minor violations if the secretary determines that the public interest
1048	1048	is adequately served by a notice or warning to the alleged offender.
1049	1049	(c) Upon a finding that a patient or caregiver has submitted fraudulent
1050	1050	information or otherwise falsified or misrepresented information required
1051	1051	to be submitted by such patient or caregiver, the secretary may impose a
1052	1052	civil fine in an amount not to exceed $500 for a first offense and may
1053	1053	suspend or revoke the individual's identification card for a second or
1054	1054	subsequent offense.
1055	1055	(d) If the secretary suspends, revokes or refuses to renew any
1056	1056	identification card issued pursuant to this act and determines that there is
1057	1057	clear and convincing evidence of a danger of immediate and serious harm
1058	1058	to any person, the secretary may place under seal all medical cannabis
1059	1059	owned by or in the possession, custody or control of the affected patient or
1060	1060	caregiver. Except as provided in this section, the secretary shall not
1061	1061	dispose of the sealed medical cannabis until a final order is issued
1062	1062	authorizing such disposition. During the pendency of an appeal from any
1063	1063	order issued by the secretary, a court may order the secretary to sell
1064	1064	medical cannabis that is perishable, and the proceeds of any such sale shall
1065	1065	be deposited with the court.
1066	1066	New Sec. 13. A medical cannabis identification card, or its
1067	1067	1
1068	1068	2
1069	1069	3
1070	1070	4
1071	1071	5
1072	1072	6
1073	1073	7
1074	1074	8
1075	1075	9
1076	1076	10
1077	1077	11
1078	1078	12
1079	1079	13
1080	1080	14
1081	1081	15
1082	1082	16
1083	1083	17
1084	1084	18
1085	1085	19
1086	1086	20
1087	1087	21
1088	1088	22
1089	1089	23
1090	1090	24
1091	1091	25
1092	1092	26
1093	1093	27
1094	1094	28
1095	1095	29
1096	1096	30
1097	1097	31
1098	1098	32
1099	1099	33
1100	1100	34
1101	1101	35
1102	1102	36
1103	1103	37
1104	1104	38
1105	1105	39
1106	1106	40
1107	1107	41
1108	1108	42
1109	1109	43 SB 294 14
1110	1110	equivalent, that is issued under the laws of another state, district, territory,
1111	1111	commonwealth or insular possession of the United States that is verifiable
1112	1112	by the jurisdiction of issuance and allows a nonresident patient to possess
1113	1113	medical cannabis for medical purposes shall have the same force and
1114	1114	effect as an identification card issued by the director pursuant to section 9,
1115	1115	and amendments thereto.
1116	1116	New Sec. 14. On or before January 1, 2026, and after consultation
1117	1117	with the Kansas medical cannabis advisory board, the secretary shall adopt
1118	1118	rules and regulations to implement the provisions of this act, including, but
1119	1119	not limited to:
1120	1120	(a) Applications for a patient or caregiver identification card;
1121	1121	(b) issuance and renewal of such identification cards and the fees
1122	1122	therefor;
1123	1123	(c) the period of time for which such cards are valid;
1124	1124	(d) purchasing and transportation of medical cannabis by patients and
1125	1125	caregivers, including, but not limited to, any limits on the form or amount
1126	1126	of medical cannabis or medical cannabis products that can be purchased or
1127	1127	possessed; and
1128	1128	(e) education, research and treatment with medical cannabis.
1129	1129	New Sec. 15. (a) Except as provided in subsections (c) and (d), a
1130	1130	physician or physician assistant who is seeking to recommend treatment
1131	1131	with medical cannabis shall apply to the board of healing arts for a
1132	1132	certificate authorizing such physician or physician assistant to recommend
1133	1133	treatment with medical cannabis. The application shall be submitted in
1134	1134	such form and manner as prescribed by the board and by paying the
1135	1135	required fee. The board of healing arts shall grant a certificate to
1136	1136	recommend treatment with medical cannabis if the following conditions
1137	1137	are satisfied:
1138	1138	(1) The application is complete and meets the requirements
1139	1139	established in rules and regulations adopted by the board; and
1140	1140	(2) the applicant demonstrates that the applicant does not have an
1141	1141	ownership or investment interest in or compensation arrangement with an
1142	1142	entity licensed under section 17, and amendments thereto, or an applicant
1143	1143	for such licensure.
1144	1144	(b) A certificate to recommend treatment with medical cannabis may
1145	1145	be renewed by submitting a renewal application in such form and manner
1146	1146	as prescribed by the state board and paying the required fee.
1147	1147	(c) This section shall not apply to a limited medical provider. A
1148	1148	limited medical provider may only recommend treatment with medical
1149	1149	cannabis if:
1150	1150	(1) Such treatment is recommended after:
1151	1151	(A) A face-to-face visit for an initial recommendation or the renewal
1152	1152	of a recommendation for a patient for whom the limited medical provider
1153	1153	1
1154	1154	2
1155	1155	3
1156	1156	4
1157	1157	5
1158	1158	6
1159	1159	7
1160	1160	8
1161	1161	9
1162	1162	10
1163	1163	11
1164	1164	12
1165	1165	13
1166	1166	14
1167	1167	15
1168	1168	16
1169	1169	17
1170	1170	18
1171	1171	19
1172	1172	20
1173	1173	21
1174	1174	22
1175	1175	23
1176	1176	24
1177	1177	25
1178	1178	26
1179	1179	27
1180	1180	28
1181	1181	29
1182	1182	30
1183	1183	31
1184	1184	32
1185	1185	33
1186	1186	34
1187	1187	35
1188	1188	36
1189	1189	37
1190	1190	38
1191	1191	39
1192	1192	40
1193	1193	41
1194	1194	42
1195	1195	43 SB 294 15
1196	1196	did not make the patient's original recommendation; or
1197	1197	(B) a visit using telehealth services for a renewal of a
1198	1198	recommendation for a patient for whom the limited medical provider made
1199	1199	the patient's original recommendation; and
1200	1200	(2) the recommendation would not cause the total number of such
1201	1201	limited medical provider's total number of patients who have a valid
1202	1202	medical cannabis identification card to exceed 15.
1203	1203	(d) This section shall not apply to a physician who recommends
1204	1204	treatment with cannabis or a cannabis-derived drug under any of the
1205	1205	following that is approved by an institutional review board or equivalent
1206	1206	entity, the United States food and drug administration or the national
1207	1207	institutes of health or one of its cooperative groups or centers under the
1208	1208	United States department of health and human services:
1209	1209	(1) A research protocol;
1210	1210	(2) a clinical trial;
1211	1211	(3) an investigational new drug application; or
1212	1212	(4) an expanded access submission.
1213	1213	(e) On or before January 1, 2026, and after consultation with the
1214	1214	Kansas medical cannabis advisory board, the board of healing arts shall
1215	1215	adopt rules and regulations to implement the provisions of this section,
1216	1216	including, but not limited to:
1217	1217	(1) Applications for a certificate to treat with medical cannabis;
1218	1218	(2) issuance and renewal of certificates including the fees therefor;
1219	1219	(3) the period of time for which such certificates are valid; and
1220	1220	(4) suspension or revocation of a certificate for violations of this act.
1221	1221	New Sec. 16. (a) Except as provided in subsection (c), an advance
1222	1222	practice registered nurse who is seeking to recommend treatment with
1223	1223	medical cannabis shall apply to the board of nursing for a certificate
1224	1224	authorizing such advance practice registered nurse to recommend
1225	1225	treatment with medical cannabis. The application shall be submitted in
1226	1226	such form and manner as prescribed by the board and by paying the
1227	1227	required fee. The board shall grant a certificate to recommend treatment
1228	1228	with medical cannabis if the following conditions are satisfied:
1229	1229	(1) The application is complete and meets the requirements
1230	1230	established in rules and regulations adopted by the board; and
1231	1231	(2) the applicant demonstrates that the applicant does not have an
1232	1232	ownership or investment interest in or compensation arrangement with an
1233	1233	entity licensed under section 17, and amendments thereto, or an applicant
1234	1234	for such licensure.
1235	1235	(b) A certificate to recommend treatment with medical cannabis may
1236	1236	be renewed by submitting a renewal application in such form and manner
1237	1237	as prescribed by the board and paying the required fee.
1238	1238	(c) This section shall not apply to a limited medical provider. A
1239	1239	1
1240	1240	2
1241	1241	3
1242	1242	4
1243	1243	5
1244	1244	6
1245	1245	7
1246	1246	8
1247	1247	9
1248	1248	10
1249	1249	11
1250	1250	12
1251	1251	13
1252	1252	14
1253	1253	15
1254	1254	16
1255	1255	17
1256	1256	18
1257	1257	19
1258	1258	20
1259	1259	21
1260	1260	22
1261	1261	23
1262	1262	24
1263	1263	25
1264	1264	26
1265	1265	27
1266	1266	28
1267	1267	29
1268	1268	30
1269	1269	31
1270	1270	32
1271	1271	33
1272	1272	34
1273	1273	35
1274	1274	36
1275	1275	37
1276	1276	38
1277	1277	39
1278	1278	40
1279	1279	41
1280	1280	42
1281	1281	43 SB 294 16
1282	1282	limited medical provider may only recommend treatment with medical
1283	1283	cannabis if:
1284	1284	(1) Such treatment is recommended after:
1285	1285	(A) A face-to-face visit for an initial recommendation or the renewal
1286	1286	of a recommendation for a patient for whom the limited medical provider
1287	1287	did not make the patient's original recommendation; or
1288	1288	(B) a visit using telehealth services for a renewal of a
1289	1289	recommendation for a patient for whom the limited medical provider made
1290	1290	the patient's original recommendation; and
1291	1291	(2) the recommendation would not cause the total number of such
1292	1292	limited medical provider's total number of patients who have a valid
1293	1293	medical cannabis identification card to exceed 15.
1294	1294	(d) On or before January 1, 2026, and after consultation with the
1295	1295	Kansas medical cannabis advisory board, the board of nursing shall adopt
1296	1296	rules and regulations to implement the provisions of this section,
1297	1297	including, but not limited to:
1298	1298	(1) Applications for a certificate to treat with medical cannabis;
1299	1299	(2) issuance and renewal of certificates including the fees therefor;
1300	1300	(3) the period of time for which such certificates are valid; and
1301	1301	(4) suspension or revocation of a certificate for violations of this act.
1302	1302	New Sec. 17. (a) A person seeking to operate as a cultivator,
1303	1303	processor, laboratory or medical cannabis pharmacy or to operate a
1304	1304	disposal facility shall apply to the director for a license by submitting an
1305	1305	application for such license in such form and manner as prescribed by the
1306	1306	director and paying the required fee.
1307	1307	(b) Except as otherwise provided, the director shall issue such license
1308	1308	if:
1309	1309	(1) The application is complete and meets the requirements
1310	1310	established in rules and regulations adopted by the secretary of revenue;
1311	1311	and
1312	1312	(2) the applicant is an individual and:
1313	1313	(A) Is not less than 21 years of age;
1314	1314	(B) (i) is a resident of this state; or
1315	1315	(ii) has been a resident of this state for two consecutive years prior to
1316	1316	the date the application is submitted and has not fewer than two years of
1317	1317	experience in the cannabis industry, including the industrial hemp and
1318	1318	cannabidiol industries;
1319	1319	(C) has not previously held a license issued pursuant to this section
1320	1320	that has been revoked;
1321	1321	(D) is in good standing with any other licensing or regulatory body of
1322	1322	this state that has issued a license to such applicant; and
1323	1323	(E) has submitted a tax clearance certificate issued by the department
1324	1324	of revenue; or
1325	1325	1
1326	1326	2
1327	1327	3
1328	1328	4
1329	1329	5
1330	1330	6
1331	1331	7
1332	1332	8
1333	1333	9
1334	1334	10
1335	1335	11
1336	1336	12
1337	1337	13
1338	1338	14
1339	1339	15
1340	1340	16
1341	1341	17
1342	1342	18
1343	1343	19
1344	1344	20
1345	1345	21
1346	1346	22
1347	1347	23
1348	1348	24
1349	1349	25
1350	1350	26
1351	1351	27
1352	1352	28
1353	1353	29
1354	1354	30
1355	1355	31
1356	1356	32
1357	1357	33
1358	1358	34
1359	1359	35
1360	1360	36
1361	1361	37
1362	1362	38
1363	1363	39
1364	1364	40
1365	1365	41
1366	1366	42
1367	1367	43 SB 294 17
1368	1368	(3) the applicant is a business entity and:
1369	1369	(A) The individual submitting the application on behalf of such
1370	1370	business entity would be qualified to hold a license as an individual;
1371	1371	(B) such individual is legally authorized to submit the application on
1372	1372	behalf of such business entity; and
1373	1373	(C) at least
1374	1374	2
1375	1375	/3 of the individuals who have an ownership interest in
1376	1376	such business entity are residents of this state.
1377	1377	(c) No cultivator license shall be issued to an applicant that:
1378	1378	(1) Has an ownership interest in another licensed cultivator; or
1379	1379	(2) has fewer than two years of experience in the cannabis industry.
1380	1380	(d) No laboratory license shall be issued to an applicant that has an
1381	1381	ownership interest in a licensed cultivator, processor, medical cannabis
1382	1382	pharmacy or disposal facility.
1383	1383	(e) (1) No license shall be issued pursuant to subsection (b) to an
1384	1384	applicant if any individual with an ownership interest in such applicant or
1385	1385	any officer, director, manager or employee of such applicant has been
1386	1386	convicted of a disqualifying felony offense.
1387	1387	(2) For purposes of this subsection, "disqualifying felony offense"
1388	1388	means any felony offense under the laws of this state, any other state or the
1389	1389	United States, except:
1390	1390	(A) Any offense where the unlawful conduct was the medical use of
1391	1391	cannabis or assisting in the medical use of cannabis by another;
1392	1392	(B) any offense that is not a person felony, for which the defendant
1393	1393	was not incarcerated and for which the conviction occurred at least five
1394	1394	years prior to the date the application for a license is submitted; or
1395	1395	(C) any offense for which the defendant was released from parole,
1396	1396	postrelease supervision or probation at least five years prior to the date the
1397	1397	application for a license is submitted and such defendant has not been
1398	1398	convicted of any offense since such release.
1399	1399	(3) The director may consult with the attorney general, the secretary
1400	1400	of the department of corrections or any district or county attorney as
1401	1401	necessary to determine the application of this subsection.
1402	1402	(f) A license issued pursuant to this section shall be valid for two
1403	1403	years from the date specified on such license. Such license may be
1404	1404	renewed by submitting a renewal application in such form and manner as
1405	1405	prescribed by the director and paying the required fee.
1406	1406	New Sec. 18. (a) A person seeking to operate an educational research
1407	1407	facility shall apply to the director for a license for such facility by
1408	1408	submitting an application for such license in such form and manner as
1409	1409	prescribed by the director and paying the required fee.
1410	1410	(b) The director shall issue a license for such facility if:
1411	1411	(1) The application is complete and meets the requirements
1412	1412	established in rules and regulations adopted by the secretary; and
1413	1413	1
1414	1414	2
1415	1415	3
1416	1416	4
1417	1417	5
1418	1418	6
1419	1419	7
1420	1420	8
1421	1421	9
1422	1422	10
1423	1423	11
1424	1424	12
1425	1425	13
1426	1426	14
1427	1427	15
1428	1428	16
1429	1429	17
1430	1430	18
1431	1431	19
1432	1432	20
1433	1433	21
1434	1434	22
1435	1435	23
1436	1436	24
1437	1437	25
1438	1438	26
1439	1439	27
1440	1440	28
1441	1441	29
1442	1442	30
1443	1443	31
1444	1444	32
1445	1445	33
1446	1446	34
1447	1447	35
1448	1448	36
1449	1449	37
1450	1450	38
1451	1451	39
1452	1452	40
1453	1453	41
1454	1454	42
1455	1455	43 SB 294 18
1456	1456	(2) the applicant submits proof that such applicant has or will have an
1457	1457	employment policy that will not prohibit the employment of individuals
1458	1458	who have been convicted or pleaded guilty to any offense under article 36a
1459	1459	of chapter 21 of the Kansas Statutes Annotated, prior to its transfer, article
1460	1460	57 of chapter 21 of the Kansas Statutes Annotated, and amendments
1461	1461	thereto, or K.S.A. 65-4160 or 65-4162, prior to their repeal, but whose
1462	1462	conduct that resulted in such offense would have been lawful if such
1463	1463	individual had possessed a valid patient or caregiver identification card at
1464	1464	the time of such offense.
1465	1465	(c) A license issued pursuant to this section shall be valid for two
1466	1466	years from the date specified on such license. Such license may be
1467	1467	renewed by submitting a renewal application in such form and manner as
1468	1468	prescribed by the director and paying the required fee.
1469	1469	New Sec. 19. For all applicants for a license to be issued pursuant to
1470	1470	section 17, and amendments thereto, the director shall require any owner,
1471	1471	director, officer or agent of such applicant to be fingerprinted and to
1472	1472	submit to a state and national criminal history record check in accordance
1473	1473	with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
1474	1474	New Sec. 20. (a) The director may refuse to issue or renew a license
1475	1475	pursuant to section 17, and amendments thereto, or may revoke or suspend
1476	1476	such license for any of the following reasons:
1477	1477	(1) The licensee has failed to comply with any provision of the
1478	1478	Kansas medical cannabis act or any rules and regulations adopted by the
1479	1479	secretary;
1480	1480	(2) the applicant or licensee has falsified or misrepresented any
1481	1481	information submitted to the director in order to obtain a license;
1482	1482	(3) the applicant or licensee has failed to adhere to any
1483	1483	acknowledgment, verification or other representation made to the director
1484	1484	when applying for a license; or
1485	1485	(4) the applicant or licensee has failed to submit or disclose
1486	1486	information requested by the director.
1487	1487	(b) (1) Except as provided in paragraph (2), the director shall inspect
1488	1488	the licensed premises of a licensee not more than twice each calendar year
1489	1489	and provide notice of such inspection to the licensee at least 24 hours prior
1490	1490	to the inspection.
1491	1491	(2) The director may conduct additional inspections of a licensed
1492	1492	premises when necessary due to a prior violation of this act. Such
1493	1493	inspection may be conducted without prior notice to the licensee if the
1494	1494	director reasonably believes that such notice will result in the destruction
1495	1495	of evidence in further violation of this act.
1496	1496	(c) During any investigation by the director, the director may require
1497	1497	and conduct interviews with the licensee under investigation and any
1498	1498	owners, officers, employees and agents thereof. Prior to conducting any
1499	1499	1
1500	1500	2
1501	1501	3
1502	1502	4
1503	1503	5
1504	1504	6
1505	1505	7
1506	1506	8
1507	1507	9
1508	1508	10
1509	1509	11
1510	1510	12
1511	1511	13
1512	1512	14
1513	1513	15
1514	1514	16
1515	1515	17
1516	1516	18
1517	1517	19
1518	1518	20
1519	1519	21
1520	1520	22
1521	1521	23
1522	1522	24
1523	1523	25
1524	1524	26
1525	1525	27
1526	1526	28
1527	1527	29
1528	1528	30
1529	1529	31
1530	1530	32
1531	1531	33
1532	1532	34
1533	1533	35
1534	1534	36
1535	1535	37
1536	1536	38
1537	1537	39
1538	1538	40
1539	1539	41
1540	1540	42
1541	1541	43 SB 294 19
1542	1542	such interviews upon the request of the licensee, the director shall provide
1543	1543	the licensee and any other individuals being interviewed sufficient time to
1544	1544	secure legal representation during such interviews.
1545	1545	New Sec. 21. (a) The director shall issue:
1546	1546	(1) Not fewer than two cultivator licenses for each congressional
1547	1547	district and not more than a total of 10 such licenses;
1548	1548	(2) not fewer than one processor license for each congressional
1549	1549	district and not more than a total of four such licenses; and
1550	1550	(3) not fewer than two medical cannabis pharmacy licenses for each
1551	1551	congressional district and not more than a total of 16 such licenses.
1552	1552	(b) Upon the issuance of a second medical cannabis pharmacy license
1553	1553	for a congressional district, the director shall notify each licensee in such
1554	1554	congressional district that such licensee may operate one or more satellite
1555	1555	locations under the medical cannabis pharmacy license. Such satellite
1556	1556	locations shall be a separate premises from the premises for which the
1557	1557	license was issued but shall be located within the same congressional
1558	1558	district as the licensed premises. There shall be no additional license fee
1559	1559	for the operation of any satellite location. Each satellite location shall be
1560	1560	operated in accordance with the provisions of this act and any rules and
1561	1561	regulations adopted pursuant thereto.
1562	1562	(c) There shall be no limit on the number of educational research
1563	1563	facility licenses or disposal facility licenses.
1564	1564	(d) A cultivator, processor or medical cannabis pharmacy may also be
1565	1565	issued a disposal facility license.
1566	1566	(e) The secretary of revenue shall adopt rules and regulations to
1567	1567	establish the fee amounts for licenses issued pursuant to section 17, and
1568	1568	amendments thereto. Fees shall be set at an amount that is not less than
1569	1569	$2,500 per year but not more than $45,000 per year.
1570	1570	New Sec. 22. (a) The director shall establish a general lottery system
1571	1571	for the issuance of licenses pursuant to section 17, and amendments
1572	1572	thereto. Such system shall require all applications for licensure to be
1573	1573	submitted on or before October 1, 2025.
1574	1574	(b) No lottery system shall be used unless the number of qualified
1575	1575	applicants for licensure exceeds the number of licenses the director may
1576	1576	issue.
1577	1577	New Sec. 23. (a) A cultivator may:
1578	1578	(1) Cultivate medical cannabis in accordance with the provisions of
1579	1579	this act;
1580	1580	(2) transport, deliver and sell medical cannabis to one or more
1581	1581	licensed cultivators, processors or medical cannabis pharmacies;
1582	1582	(3) purchase and receive medical cannabis from one or more licensed
1583	1583	cultivators; and
1584	1584	(4) transport and deliver medical cannabis waste to one or more
1585	1585	1
1586	1586	2
1587	1587	3
1588	1588	4
1589	1589	5
1590	1590	6
1591	1591	7
1592	1592	8
1593	1593	9
1594	1594	10
1595	1595	11
1596	1596	12
1597	1597	13
1598	1598	14
1599	1599	15
1600	1600	16
1601	1601	17
1602	1602	18
1603	1603	19
1604	1604	20
1605	1605	21
1606	1606	22
1607	1607	23
1608	1608	24
1609	1609	25
1610	1610	26
1611	1611	27
1612	1612	28
1613	1613	29
1614	1614	30
1615	1615	31
1616	1616	32
1617	1617	33
1618	1618	34
1619	1619	35
1620	1620	36
1621	1621	37
1622	1622	38
1623	1623	39
1624	1624	40
1625	1625	41
1626	1626	42
1627	1627	43 SB 294 20
1628	1628	disposal facilities.
1629	1629	(b) (1) Unless authorized by this act, a cultivator shall not transfer or
1630	1630	sell medical cannabis unless samples from each harvest batch or
1631	1631	production batch from which such medical cannabis was derived has been
1632	1632	tested by a licensed laboratory for contaminants and has passed all
1633	1633	contaminant tests required by this act.
1634	1634	(2) A cultivator may transfer medical cannabis that has failed
1635	1635	laboratory testing to a licensed processor only for the purposes of
1636	1636	decontamination or remediation and only in accordance with the
1637	1637	provisions of this act.
1638	1638	(c) A cultivator facility shall not cultivate medical cannabis for
1639	1639	personal, family or household use or on any public land.
1640	1640	(d) The licensed premises of a cultivator shall only be located on land
1641	1641	that has been zoned for commercial or industrial use.
1642	1642	New Sec. 24. (a) A processor may:
1643	1643	(1) Purchase and receive medical cannabis from one or more licensed
1644	1644	cultivators or processors;
1645	1645	(2) subject to subsection (b), process medical cannabis obtained from
1646	1646	a licensed cultivator into medical cannabis concentrate or medical
1647	1647	cannabis products;
1648	1648	(3) transport, deliver and sell processed medical cannabis, medical
1649	1649	cannabis concentrate and medical cannabis products to one or more
1650	1650	licensed processors or medical cannabis pharmacy; and
1651	1651	(4) transport and deliver medical cannabis waste to one or more
1652	1652	disposal facilities.
1653	1653	(b) A processor shall not transfer, sell or process into a concentrate or
1654	1654	medical cannabis product any medical cannabis, medical cannabis
1655	1655	concentrate or medical cannabis product unless samples from each harvest
1656	1656	batch or production batch from which such medical cannabis, medical
1657	1657	cannabis concentrate or medical cannabis product was derived has been
1658	1658	tested by a licensed laboratory for contaminants and has passed all
1659	1659	contaminant tests required by this act.
1660	1660	(c) When packaging medical cannabis, medical cannabis concentrate
1661	1661	and medical cannabis products, a processor shall comply with any
1662	1662	packaging and labeling requirements established by rules and regulations
1663	1663	adopted by the secretary of revenue.
1664	1664	(d) The licensed premises of a processor shall only be located on land
1665	1665	that has been zoned for commercial or industrial use.
1666	1666	New Sec. 25. (a) A medical cannabis pharmacy may:
1667	1667	(1) Purchase and receive medical cannabis and medical cannabis
1668	1668	products from one or more licensed cultivators or processors;
1669	1669	(2) sell medical cannabis and medical cannabis products to patients
1670	1670	and caregivers in accordance with subsection (b); and
1671	1671	1
1672	1672	2
1673	1673	3
1674	1674	4
1675	1675	5
1676	1676	6
1677	1677	7
1678	1678	8
1679	1679	9
1680	1680	10
1681	1681	11
1682	1682	12
1683	1683	13
1684	1684	14
1685	1685	15
1686	1686	16
1687	1687	17
1688	1688	18
1689	1689	19
1690	1690	20
1691	1691	21
1692	1692	22
1693	1693	23
1694	1694	24
1695	1695	25
1696	1696	26
1697	1697	27
1698	1698	28
1699	1699	29
1700	1700	30
1701	1701	31
1702	1702	32
1703	1703	33
1704	1704	34
1705	1705	35
1706	1706	36
1707	1707	37
1708	1708	38
1709	1709	39
1710	1710	40
1711	1711	41
1712	1712	42
1713	1713	43 SB 294 21
1714	1714	(3) transport and deliver medical cannabis waste to one or more
1715	1715	disposal facilities.
1716	1716	(b) When selling medical cannabis and medical cannabis products, a
1717	1717	medical cannabis pharmacy shall:
1718	1718	(1) Sell medical cannabis and medical cannabis products only to a
1719	1719	person who provides a current, valid patient or caregiver identification
1720	1720	card and only in accordance with a written recommendation issued by a
1721	1721	medical provider; and
1722	1722	(2) comply with any packaging and labeling requirements established
1723	1723	by rules and regulations adopted by the secretary of revenue.
1724	1724	(c) A medical cannabis pharmacy shall not make public any
1725	1725	information received or collected by such licensee that identifies or would
1726	1726	tend to identify any specific patient.
1727	1727	(d) A medical cannabis pharmacy shall employ at least one licensed
1728	1728	pharmacist. Such pharmacist shall develop and provide training to other
1729	1729	medical cannabis pharmacy employees at least once every 12 months that
1730	1730	establishes guidelines for:
1731	1731	(1) Providing information to patients related to risks, benefits and
1732	1732	side effects associated with medical cannabis; and
1733	1733	(2) notifying the physician who provided the written certification for
1734	1734	medical cannabis if side effects or contraindications occur.
1735	1735	New Sec. 26. (a) A disposal facility may:
1736	1736	(1) Transport and receive medical cannabis waste to or from a
1737	1737	cultivator, processor, medical cannabis pharmacy, laboratory or another
1738	1738	disposal facility; and
1739	1739	(2) dispose of medical cannabis waste received from a cultivator,
1740	1740	processor, medical cannabis pharmacy, laboratory or another disposal
1741	1741	facility and medical cannabis waste produced by the licensee if the
1742	1742	licensee also holds a cultivator, processor, medical cannabis pharmacy or
1743	1743	laboratory license.
1744	1744	(b) All medical cannabis waste disposed of pursuant to this act shall
1745	1745	be subject to any rules and regulations adopted by the secretary relating to
1746	1746	the proper disposal of such materials in order to preserve the health and
1747	1747	safety of the public.
1748	1748	(c) All medical cannabis waste shall be documented and tracked
1749	1749	through the electronic inventory tracking system established under section
1750	1750	31, and amendments thereto. Such documentation shall include:
1751	1751	(1) Unique identification numbers for inventory lots;
1752	1752	(2) the total weight of the medical cannabis waste disposed of;
1753	1753	(3) the name of the licensee providing the medical cannabis waste;
1754	1754	and
1755	1755	(4) photographs of the disposed medical cannabis waste.
1756	1756	(d) The seeds, roots, stems, stalks and fan leaves of cannabis plants
1757	1757	1
1758	1758	2
1759	1759	3
1760	1760	4
1761	1761	5
1762	1762	6
1763	1763	7
1764	1764	8
1765	1765	9
1766	1766	10
1767	1767	11
1768	1768	12
1769	1769	13
1770	1770	14
1771	1771	15
1772	1772	16
1773	1773	17
1774	1774	18
1775	1775	19
1776	1776	20
1777	1777	21
1778	1778	22
1779	1779	23
1780	1780	24
1781	1781	25
1782	1782	26
1783	1783	27
1784	1784	28
1785	1785	29
1786	1786	30
1787	1787	31
1788	1788	32
1789	1789	33
1790	1790	34
1791	1791	35
1792	1792	36
1793	1793	37
1794	1794	38
1795	1795	39
1796	1796	40
1797	1797	41
1798	1798	42
1799	1799	43 SB 294 22
1800	1800	may be disposed of by a licensee without a disposal facility license. Such
1801	1801	disposal may be conducted on the licensed premises by open burning,
1802	1802	incineration, burying, mulching, composting or any other method
1803	1803	approved by the secretary.
1804	1804	New Sec. 27. (a) On or before January 1, 2026, the director shall
1805	1805	contract with a private laboratory for the purpose of conducting
1806	1806	compliance and quality assurance testing of licensed laboratories to
1807	1807	provide public safety and ensure that quality medical cannabis and medical
1808	1808	cannabis products are available to patients and caregivers.
1809	1809	(b) Any private laboratory contracting with the director shall:
1810	1810	(1) Be prohibited from conducting any other commercial medical
1811	1811	cannabis or medical cannabis product testing in this state;
1812	1812	(2) have held a license, permit or other certification to test medical
1813	1813	cannabis issued by another state for at least one year prior to contracting
1814	1814	with the director and have entered into a contract with another state for
1815	1815	compliance and quality assurance testing;
1816	1816	(3) not employ, or be owned by any individual:
1817	1817	(A) That has a direct or indirect financial interest in any licensee;
1818	1818	(B) whose spouse, parent, child, spouse of a child, sibling or spouse
1819	1819	of a sibling has an active application for a license; or
1820	1820	(C) that is a member of the board of directors of any licensee; and
1821	1821	(4) be accessible for any medical cannabis testing needs of any state
1822	1822	agency, including, but not limited to, the department, the Kansas bureau of
1823	1823	investigation and the state fire marshal.
1824	1824	New Sec. 28. (a) The director shall recommend to the secretary of
1825	1825	revenue rules and regulations as necessary to develop acceptable testing
1826	1826	and research practices in consultation with the private laboratory
1827	1827	contracting with the director under section 27, and amendments thereto.
1828	1828	Such rules and regulations shall, include, but are not limited to, testing,
1829	1829	standards, quality control analysis, equipment certification and calibration
1830	1830	and identification of chemicals and other substances used in bona fide
1831	1831	research methods.
1832	1832	(b) The director shall also recommend to the secretary of revenue
1833	1833	rules and regulations for laboratory testing performed under this act
1834	1834	concerning:
1835	1835	(1) The cleanliness and orderliness of the premises of a licensed
1836	1836	laboratory and the security of such facilities;
1837	1837	(2) the inspection, cleaning and maintenance of equipment or utensils
1838	1838	used for the analysis of test samples;
1839	1839	(3) testing procedures and standards for cannabinoid and terpenoid
1840	1840	potency and safe levels of contaminants and appropriate remediation and
1841	1841	validation procedures;
1842	1842	(4) controlled access areas for the storage of medical cannabis,
1843	1843	1
1844	1844	2
1845	1845	3
1846	1846	4
1847	1847	5
1848	1848	6
1849	1849	7
1850	1850	8
1851	1851	9
1852	1852	10
1853	1853	11
1854	1854	12
1855	1855	13
1856	1856	14
1857	1857	15
1858	1858	16
1859	1859	17
1860	1860	18
1861	1861	19
1862	1862	20
1863	1863	21
1864	1864	22
1865	1865	23
1866	1866	24
1867	1867	25
1868	1868	26
1869	1869	27
1870	1870	28
1871	1871	29
1872	1872	30
1873	1873	31
1874	1874	32
1875	1875	33
1876	1876	34
1877	1877	35
1878	1878	36
1879	1879	37
1880	1880	38
1881	1881	39
1882	1882	40
1883	1883	41
1884	1884	42
1885	1885	43 SB 294 23
1886	1886	medical cannabis concentrate and medical cannabis product test samples,
1887	1887	medical cannabis waste and reference standards;
1888	1888	(5) records to be retained and computer systems to be utilized by the
1889	1889	laboratory;
1890	1890	(6) the possession, storage and use by the laboratory of reagents,
1891	1891	solutions and reference standards;
1892	1892	(7) a certificate of analysis for each lot of reference standard;
1893	1893	(8) the transport and disposal of medical cannabis waste;
1894	1894	(9) the use of the electronic inventory tracking system established
1895	1895	under section 31, and amendments thereto, to ensure all test harvest and
1896	1896	production batches or samples containing medical cannabis, medical
1897	1897	cannabis concentrate or medical cannabis products are identified and
1898	1898	tracked from the point such batches or samples are transferred from a
1899	1899	licensee or a patient or caregiver through the point of transfer, destruction
1900	1900	or disposal. Such inventory tracking system shall include the results of any
1901	1901	tests that are conducted;
1902	1902	(10) the employment of laboratory personnel;
1903	1903	(11) a written standard operating procedure manual to be maintained
1904	1904	and updated by the laboratory;
1905	1905	(12) the successful participation in a proficiency testing program
1906	1906	approved by the director for conducting testing in order to obtain and
1907	1907	maintain certification;
1908	1908	(13) the establishment of and adherence to a quality assurance and
1909	1909	quality control program to ensure sufficient monitoring of laboratory
1910	1910	processes and the quality of results reported;
1911	1911	(14) the immediate recall of medical cannabis, medical cannabis
1912	1912	concentrate or medical cannabis products that test above allowable
1913	1913	thresholds or are otherwise determined to be unsafe;
1914	1914	(15) the establishment of a system to document the complete chain of
1915	1915	custody for batches or samples from receipt through disposal;
1916	1916	(16) the establishment of a system to retain and maintain all required
1917	1917	records, including business records, and processes to ensure results are
1918	1918	reported in a timely and accurate manner; and
1919	1919	(17) any other aspect of laboratory testing of medical cannabis,
1920	1920	medical cannabis concentrate or medical cannabis product deemed
1921	1921	necessary by the director.
1922	1922	New Sec. 29. (a) A laboratory shall:
1923	1923	(1) Comply with all applicable local ordinances, including, but not
1924	1924	limited to, any zoning, occupancy, licensing and building codes;
1925	1925	(2) establish policies to prevent the existence or appearance of undue
1926	1926	commercial, financial or other influences that diminish, or have the effect
1927	1927	of diminishing the public confidence in, the competency, impartiality and
1928	1928	integrity of the testing processes or results of such laboratory. Such
1929	1929	1
1930	1930	2
1931	1931	3
1932	1932	4
1933	1933	5
1934	1934	6
1935	1935	7
1936	1936	8
1937	1937	9
1938	1938	10
1939	1939	11
1940	1940	12
1941	1941	13
1942	1942	14
1943	1943	15
1944	1944	16
1945	1945	17
1946	1946	18
1947	1947	19
1948	1948	20
1949	1949	21
1950	1950	22
1951	1951	23
1952	1952	24
1953	1953	25
1954	1954	26
1955	1955	27
1956	1956	28
1957	1957	29
1958	1958	30
1959	1959	31
1960	1960	32
1961	1961	33
1962	1962	34
1963	1963	35
1964	1964	36
1965	1965	37
1966	1966	38
1967	1967	39
1968	1968	40
1969	1969	41
1970	1970	42
1971	1971	43 SB 294 24
1972	1972	policies shall prohibit employees, owners or agents of a laboratory who
1973	1973	participate in any aspect of the analysis and results of a sample from
1974	1974	improperly influencing the testing process, manipulating data or benefiting
1975	1975	from any ongoing financial, employment, personal or business relationship
1976	1976	with the licensee that submitted the sample for testing;
1977	1977	(3) not test samples for any licensee in which an owner, employee or
1978	1978	agent of the laboratory has any form of ownership or financial interest in
1979	1979	such licensee that submitted the sample for testing;
1980	1980	(4) promptly provide the director access to:
1981	1981	(A) A report of a test and any underlying data that is conducted on a
1982	1982	sample; and
1983	1983	(B) laboratory premises and to any material or information requested
1984	1984	by the director to determine compliance with the requirements of this
1985	1985	section;
1986	1986	(5) retain all results of laboratory tests conducted on medical
1987	1987	cannabis, medical cannabis concentrate or medical cannabis products for a
1988	1988	period of at least two years and make such results available to the director
1989	1989	upon request;
1990	1990	(6) establish standards, policies and procedures for laboratory testing
1991	1991	procedures;
1992	1992	(7) (A) test samples from each harvest batch or product batch, as
1993	1993	appropriate, of medical cannabis, medical cannabis concentrate and
1994	1994	medical cannabis product for each of the following categories of testing,
1995	1995	consistent with standards developed by the director:
1996	1996	(i) Microbials;
1997	1997	(ii) mycotoxins;
1998	1998	(iii) residual solvents;
1999	1999	(iv) pesticides;
2000	2000	(v) tetrahydrocannabinol and other cannabinoid potency;
2001	2001	(vi) terpenoid potency type and concentration;
2002	2002	(vii) moisture content;
2003	2003	(viii) homogeneity; and
2004	2004	(ix) heavy metals; and
2005	2005	(B) only accept a test batch of usable medical cannabis, medical
2006	2006	cannabis concentrate or medical cannabis product for testing purposes
2007	2007	from a:
2008	2008	(i) Cultivator that has separated each harvest lot of usable cannabis
2009	2009	into harvest batches containing not more than 10 pounds, except harvest
2010	2010	batches of fresh, uncured medical cannabis or fresh or frozen medical
2011	2011	cannabis to be sold to a processor in order to make a concentrate may be
2012	2012	separated into batches containing not more than 20 pounds; and
2013	2013	(ii) processor that has separated each medical cannabis production lot
2014	2014	into production batches containing not more than 10 pounds.
2015	2015	1
2016	2016	2
2017	2017	3
2018	2018	4
2019	2019	5
2020	2020	6
2021	2021	7
2022	2022	8
2023	2023	9
2024	2024	10
2025	2025	11
2026	2026	12
2027	2027	13
2028	2028	14
2029	2029	15
2030	2030	16
2031	2031	17
2032	2032	18
2033	2033	19
2034	2034	20
2035	2035	21
2036	2036	22
2037	2037	23
2038	2038	24
2039	2039	25
2040	2040	26
2041	2041	27
2042	2042	28
2043	2043	29
2044	2044	30
2045	2045	31
2046	2046	32
2047	2047	33
2048	2048	34
2049	2049	35
2050	2050	36
2051	2051	37
2052	2052	38
2053	2053	39
2054	2054	40
2055	2055	41
2056	2056	42
2057	2057	43 SB 294 25
2058	2058	(b) A laboratory may:
2059	2059	(1) Accept samples of medical cannabis, medical cannabis
2060	2060	concentrate or medical cannabis product from:
2061	2061	(A) A licensee or any entity authorized to possess such samples only
2062	2062	for testing and research purposes, including the provision of testing
2063	2063	services for samples submitted by a licensee for product development. A
2064	2064	laboratory shall not be prohibited from obtaining a license under this act
2065	2065	due to such facility performing other testing and research on medical
2066	2066	cannabis and medical cannabis products; or
2067	2067	(B) an individual person for testing if such person is a:
2068	2068	(i) Patient or caregiver and such person provides the laboratory with
2069	2069	the individual's valid identification card and a valid photo identification; or
2070	2070	(ii) participant in an approved clinical or observational study
2071	2071	conducted by a research facility as described in section 15(c), and
2072	2072	amendments thereto; and
2073	2073	(2) transfer samples of medical cannabis, medical cannabis
2074	2074	concentrate and medical cannabis product to or from another laboratory or
2075	2075	any licensee. All laboratory reports shall identify the laboratory that
2076	2076	performed the testing of the sample.
2077	2077	(c) (1) A laboratory shall be inspected prior to initial licensure and
2078	2078	further inspected up to six times annually by an inspector approved by the
2079	2079	director. The director may enter the licensed premises of a laboratory to
2080	2080	conduct investigations and additional inspections when the director
2081	2081	believes an investigation or additional inspection is necessary due to a
2082	2082	possible violation of this act.
2083	2083	(2) After January 1, 2026, accreditation by the national environmental
2084	2084	laboratory accreditation program, ANSI/ASQ national accreditation board
2085	2085	or another accrediting body approved by the director shall be required for
2086	2086	licensure of a laboratory and the renewal thereof.
2087	2087	New Sec. 30. (a) The director shall recommend such rules and
2088	2088	regulations as necessary to implement the provisions of this act. After a
2089	2089	public hearing on a proposed rule and regulation has been held as required
2090	2090	by law, the director shall submit such proposed rule and regulation to the
2091	2091	secretary of revenue, who shall adopt the rule and regulation upon
2092	2092	approval by the secretary. Such rules and regulations shall include, but are
2093	2093	not limited to:
2094	2094	(1) Establishing internal control policies and procedures for the
2095	2095	review of license applications and the issuance and renewal of licenses;
2096	2096	(2) establishing fees for licenses;
2097	2097	(3) verifying the sources of financing for license applicants;
2098	2098	(4) establishing policies and procedures for the reporting and tracking
2099	2099	of:
2100	2100	(A) Adverse events;
2101	2101	1
2102	2102	2
2103	2103	3
2104	2104	4
2105	2105	5
2106	2106	6
2107	2107	7
2108	2108	8
2109	2109	9
2110	2110	10
2111	2111	11
2112	2112	12
2113	2113	13
2114	2114	14
2115	2115	15
2116	2116	16
2117	2117	17
2118	2118	18
2119	2119	19
2120	2120	20
2121	2121	21
2122	2122	22
2123	2123	23
2124	2124	24
2125	2125	25
2126	2126	26
2127	2127	27
2128	2128	28
2129	2129	29
2130	2130	30
2131	2131	31
2132	2132	32
2133	2133	33
2134	2134	34
2135	2135	35
2136	2136	36
2137	2137	37
2138	2138	38
2139	2139	39
2140	2140	40
2141	2141	41
2142	2142	42
2143	2143	43 SB 294 26
2144	2144	(B) product recalls; and
2145	2145	(C) complaints; and
2146	2146	(5) any other policies and procedures recommended by the Kansas
2147	2147	medical cannabis advisory board.
2148	2148	(b) It is intended by this act that the director shall have broad
2149	2149	discretionary powers to govern the traffic in medical cannabis in this state
2150	2150	and to strictly enforce all the provisions of this act in the interest of
2151	2151	sanitation, purity of products, truthful representation and honest dealings
2152	2152	in such manner as generally will promote the public health and welfare.
2153	2153	All valid rules and regulations adopted under the provisions of this act
2154	2154	shall be absolutely binding upon all licensees and enforceable by the
2155	2155	director through the power of suspension or revocation of licenses.
2156	2156	New Sec. 31. The director shall establish and maintain an electronic
2157	2157	database to monitor medical cannabis from its seed source through its
2158	2158	cultivation, testing, processing, distribution and dispensing. The director
2159	2159	may contract with a separate entity to establish and maintain all or any
2160	2160	portion of the electronic database on behalf of the agency.
2161	2161	New Sec. 32. (a) There is hereby established the medical cannabis
2162	2162	regulation fund in the state treasury. The director of the Kansas medical
2163	2163	cannabis agency shall administer the medical cannabis regulation fund and
2164	2164	remit all moneys collected from the payment of all fees and fines imposed
2165	2165	by the director pursuant to the Kansas medical cannabis act and any other
2166	2166	moneys received by or on behalf of the director pursuant to this act to the
2167	2167	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
2168	2168	amendments thereto. Upon receipt of each such remittance, the state
2169	2169	treasurer shall deposit the entire amount in the state treasury to the credit
2170	2170	of the medical cannabis regulation fund. Moneys credited to the medical
2171	2171	cannabis regulation fund shall only be expended or transferred as provided
2172	2172	in this section. Expenditures from such fund shall be made in accordance
2173	2173	with appropriation acts upon warrants of the director of accounts and
2174	2174	reports issued pursuant to vouchers approved by the director, or the
2175	2175	director's designee.
2176	2176	(b) Moneys in the medical cannabis regulation fund shall be used for
2177	2177	costs related to the regulation and enforcement of the cultivation,
2178	2178	possession, processing and sale of medical cannabis by the Kansas medical
2179	2179	cannabis agency.
2180	2180	New Sec. 33. (a) In addition to or in lieu of any other civil or criminal
2181	2181	penalty as provided by law, the director may impose a civil penalty or
2182	2182	suspend or revoke a license upon a finding that the licensee committed a
2183	2183	violation as provided in this section.
2184	2184	(b) (1) Upon a finding that a licensee has sold, transferred or
2185	2185	otherwise distributed medical cannabis in violation of this act, the director
2186	2186	may impose a civil fine not to exceed $1,000 for a first offense and not to
2187	2187	1
2188	2188	2
2189	2189	3
2190	2190	4
2191	2191	5
2192	2192	6
2193	2193	7
2194	2194	8
2195	2195	9
2196	2196	10
2197	2197	11
2198	2198	12
2199	2199	13
2200	2200	14
2201	2201	15
2202	2202	16
2203	2203	17
2204	2204	18
2205	2205	19
2206	2206	20
2207	2207	21
2208	2208	22
2209	2209	23
2210	2210	24
2211	2211	25
2212	2212	26
2213	2213	27
2214	2214	28
2215	2215	29
2216	2216	30
2217	2217	31
2218	2218	32
2219	2219	33
2220	2220	34
2221	2221	35
2222	2222	36
2223	2223	37
2224	2224	38
2225	2225	39
2226	2226	40
2227	2227	41
2228	2228	42
2229	2229	43 SB 294 27
2230	2230	exceed $5,000 for a second or subsequent offense.
2231	2231	(2) Upon a showing that a licensee acted willfully or with gross
2232	2232	negligence in selling, transferring or otherwise distributing medical
2233	2233	cannabis in violation of this act, the director may suspend or revoke such
2234	2234	licensee's license.
2235	2235	(c) (1) Upon a finding that a patient or caregiver intentionally
2236	2236	diverted medical cannabis or medical cannabis products to an unauthorized
2237	2237	person in violation of this act, the director may impose a civil fine not to
2238	2238	exceed $2,000 for a first offense and not to exceed $5,000 for a second or
2239	2239	subsequent offense.
2240	2240	(2) Upon a showing that a patient or caregiver acted willfully or with
2241	2241	gross negligence in intentionally diverting medical cannabis or medical
2242	2242	cannabis products to an unauthorized person in violation of this act, the
2243	2243	director may suspend or revoke such patient's or caregiver's identification
2244	2244	card.
2245	2245	(d) Upon a showing that a patient or caregiver violated any reporting
2246	2246	requirements with respect to medical cannabis cultivated by such patient
2247	2247	or caregiver, the director may impose a civil fine not to exceed $250.
2248	2248	New Sec. 34. No state or municipal law enforcement agency, or any
2249	2249	officer or employee thereof, shall provide any identifying information
2250	2250	concerning a patient or caregiver who has been issued an identification
2251	2251	card pursuant to section 9, and amendments thereto, to any federal law
2252	2252	enforcement agency or law enforcement agency of another jurisdiction for
2253	2253	the purpose of any investigation of a crime involving possession of
2254	2254	cannabis, unless such law enforcement agency recognizes the lawful
2255	2255	purchase, possession and consumption of medical cannabis under the
2256	2256	Kansas medical cannabis act.
2257	2257	New Sec. 35. Nothing in this act shall prohibit a commercial real
2258	2258	property owner or a business owner from prohibiting the consumption of
2259	2259	medical cannabis or medical cannabis products on such owner's premises
2260	2260	or within 10 feet of any entryway to such premises.
2261	2261	New Sec. 36. (a) No rental agreement for subsidized housing shall
2262	2262	contain a provision or impose a rule that prohibits a patient or caregiver
2263	2263	who has been issued an identification card pursuant to section 9, and
2264	2264	amendments thereto, to agree, as a condition of tenancy, to a prohibition or
2265	2265	restriction on the possession or use of medical cannabis in such person's
2266	2266	residence. A landlord may impose reasonable restrictions related to the use
2267	2267	of medical cannabis by any person in public areas of the premises and such
2268	2268	possession and use shall be in accordance with this act.
2269	2269	(b) As used in this section:
2270	2270	(1) "Rental agreement" means an agreement, written or oral, and
2271	2271	valid rules and regulations embodying the terms and conditions concerning
2272	2272	the use and occupancy of a dwelling unit; and
2273	2273	1
2274	2274	2
2275	2275	3
2276	2276	4
2277	2277	5
2278	2278	6
2279	2279	7
2280	2280	8
2281	2281	9
2282	2282	10
2283	2283	11
2284	2284	12
2285	2285	13
2286	2286	14
2287	2287	15
2288	2288	16
2289	2289	17
2290	2290	18
2291	2291	19
2292	2292	20
2293	2293	21
2294	2294	22
2295	2295	23
2296	2296	24
2297	2297	25
2298	2298	26
2299	2299	27
2300	2300	28
2301	2301	29
2302	2302	30
2303	2303	31
2304	2304	32
2305	2305	33
2306	2306	34
2307	2307	35
2308	2308	36
2309	2309	37
2310	2310	38
2311	2311	39
2312	2312	40
2313	2313	41
2314	2314	42
2315	2315	43 SB 294 28
2316	2316	(2) (A) "Subsidized housing" means a rental unit for which the
2317	2317	landlord receives rental assistance payments under a rental assistance
2318	2318	agreement administered by the United States department of agriculture
2319	2319	under the multi-family housing rental assistance program under title V of
2320	2320	the federal housing act of 1949 or receives housing assistance payments
2321	2321	under a housing assistance payment contract administered by the United
2322	2322	States department of housing and urban development under the housing
2323	2323	choice voucher program, the new construction program, the substantial
2324	2324	rehabilitation program or the moderate rehabilitation program under
2325	2325	section 8 of the United States housing act of 1937.
2326	2326	(B) "Subsidized housing" does not include owner-occupied housing
2327	2327	accommodations of four units or fewer.
2328	2328	New Sec. 37. No patient or caregiver who has been issued an
2329	2329	identification card pursuant to section 9, and amendments thereto, shall be
2330	2330	denied the ability to purchase or possess a firearm, ammunition or firearm
2331	2331	accessories solely on the basis that such individual purchases, possesses or
2332	2332	consumes medical cannabis in accordance with the provisions of this act.
2333	2333	New Sec. 38. (a) A patient or caregiver who has been issued an
2334	2334	identification card pursuant to section 9, and amendments thereto, shall not
2335	2335	be denied eligibility in any public assistance or social welfare programs,
2336	2336	including, but not limited to, the state medical assistance program, the
2337	2337	supplemental nutrition assistance program, the women, infants and
2338	2338	children nutrition program and the temporary assistance for needy families
2339	2339	program solely on the basis that such individual purchases, possesses or
2340	2340	consumes medical cannabis in accordance with this act.
2341	2341	(b) Nothing in this section shall be construed to require the state
2342	2342	medical assistance program or any other public assistance program to
2343	2343	reimburse an individual for the costs associated with the purchase,
2344	2344	possession or consumption of medical cannabis, unless otherwise required
2345	2345	by federal law.
2346	2346	(c) Nothing in this section shall be construed to prohibit a person
2347	2347	from taking any action necessary to procure or retain any monetary benefit
2348	2348	provided under federal law, or any rules and regulations adopted
2349	2349	thereunder, or to obtain or maintain any license, certificate, registration or
2350	2350	other legal status issued or bestowed under federal law, or any rules and
2351	2351	regulations adopted thereunder.
2352	2352	New Sec. 39. (a) The board of education of a school district may
2353	2353	prohibit the consumption of medical cannabis on the premises of any
2354	2354	school operated by such school district except by patients who have been
2355	2355	issued an identification card pursuant to section 9, and amendments
2356	2356	thereto, and who consume medical cannabis through any means other than
2357	2357	smoking in accordance with the provisions of this act.
2358	2358	(b) No student shall be denied participation in any curricular or
2359	2359	1
2360	2360	2
2361	2361	3
2362	2362	4
2363	2363	5
2364	2364	6
2365	2365	7
2366	2366	8
2367	2367	9
2368	2368	10
2369	2369	11
2370	2370	12
2371	2371	13
2372	2372	14
2373	2373	15
2374	2374	16
2375	2375	17
2376	2376	18
2377	2377	19
2378	2378	20
2379	2379	21
2380	2380	22
2381	2381	23
2382	2382	24
2383	2383	25
2384	2384	26
2385	2385	27
2386	2386	28
2387	2387	29
2388	2388	30
2389	2389	31
2390	2390	32
2391	2391	33
2392	2392	34
2393	2393	35
2394	2394	36
2395	2395	37
2396	2396	38
2397	2397	39
2398	2398	40
2399	2399	41
2400	2400	42
2401	2401	43 SB 294 29
2402	2402	extracurricular activities solely on the basis that such student possesses or
2403	2403	consumes medical cannabis in accordance with the provisions of this act.
2404	2404	New Sec. 40. (a) The governing body or the chief administrative
2405	2405	officer, if no governing body exists, of a postsecondary educational
2406	2406	institution, as defined in K.S.A. 74-3201b, and amendments thereto, shall
2407	2407	permit any student enrolled in such postsecondary educational institution
2408	2408	who is a patient that has been issued an identification card pursuant to
2409	2409	section 9, and amendments thereto, to possess and consume medical
2410	2410	cannabis in accordance with the provisions of this act.
2411	2411	(b) No student shall be denied participation in any curricular or
2412	2412	extracurricular activities solely on the basis that such student possesses or
2413	2413	consumes medical cannabis in accordance with the provisions of this act.
2414	2414	New Sec. 41. The provisions of the Kansas medical cannabis act are
2415	2415	hereby declared to be severable. If any part or provision of the Kansas
2416	2416	medical cannabis act is held to be void, invalid or unconstitutional, such
2417	2417	part or provision shall not affect or impair any of the remaining parts or
2418	2418	provisions of the Kansas medical cannabis act and any such remaining
2419	2419	parts or provisions shall continue in full force and effect.
2420	2420	New Sec. 42. (a) A covered entity, solely on the basis that an
2421	2421	individual consumes medical cannabis in accordance with the provisions
2422	2422	of the Kansas medical cannabis act, section 1 et seq., and amendments
2423	2423	thereto, shall not:
2424	2424	(1) Consider such individual ineligible to receive an anatomical gift
2425	2425	or organ transplant;
2426	2426	(2) deny medical and other services related to organ transplantation,
2427	2427	including evaluation, surgery, counseling and post-transplantation
2428	2428	treatment and services;
2429	2429	(3) refuse to refer the individual to a transplant center or a related
2430	2430	specialist for the purpose of evaluation or receipt of an organ transplant;
2431	2431	(4) refuse to place such individual on an organ transplant waiting list;
2432	2432	or
2433	2433	(5) place such individual at a lower-priority position on an organ
2434	2434	transplant waiting list than the position at which such individual would
2435	2435	have been placed if not for such individual's consumption of medical
2436	2436	cannabis.
2437	2437	(b) A covered entity may take into account an individual's
2438	2438	consumption of medical cannabis when making treatment or coverage
2439	2439	recommendations or decisions, solely to the extent that such consumption
2440	2440	has been found by a physician, following an individualized evaluation of
2441	2441	the individual, to be medically significant to the provision of the
2442	2442	anatomical gift.
2443	2443	(c) Nothing in this section shall be construed to require a covered
2444	2444	entity to make a referral or recommendation for or perform a medically
2445	2445	1
2446	2446	2
2447	2447	3
2448	2448	4
2449	2449	5
2450	2450	6
2451	2451	7
2452	2452	8
2453	2453	9
2454	2454	10
2455	2455	11
2456	2456	12
2457	2457	13
2458	2458	14
2459	2459	15
2460	2460	16
2461	2461	17
2462	2462	18
2463	2463	19
2464	2464	20
2465	2465	21
2466	2466	22
2467	2467	23
2468	2468	24
2469	2469	25
2470	2470	26
2471	2471	27
2472	2472	28
2473	2473	29
2474	2474	30
2475	2475	31
2476	2476	32
2477	2477	33
2478	2478	34
2479	2479	35
2480	2480	36
2481	2481	37
2482	2482	38
2483	2483	39
2484	2484	40
2485	2485	41
2486	2486	42
2487	2487	43 SB 294 30
2488	2488	inappropriate organ transplant.
2489	2489	(d) As used in this section:
2490	2490	(1) The terms "anatomical gift," "covered entity" and "organ
2491	2491	transplant" mean the same as such terms are defined in K.S.A. 65-3276,
2492	2492	and amendments thereto; and
2493	2493	(2) the term "medical cannabis" means the same as defined in section
2494	2494	2, and amendments thereto.
2495	2495	New Sec. 43. (a) No order shall be issued pursuant to K.S.A. 38-
2496	2496	2242, 38-2243 or 38-2244, and amendments thereto, if the sole basis for
2497	2497	the threat to the child's safety or welfare is that the child resides with an
2498	2498	individual who consumes medical cannabis in accordance with the
2499	2499	provisions of the Kansas medical cannabis act, section 1 et seq., and
2500	2500	amendments thereto, or the child consumes medical cannabis in
2501	2501	accordance with such act.
2502	2502	(b) This section shall be a part of and supplemental to the revised
2503	2503	Kansas code for care of children.
2504	2504	New Sec. 44. (a) Notwithstanding any other provision of law, any
2505	2505	person, board, commission or similar body that determines the
2506	2506	qualifications of individuals for licensure, certification or registration shall
2507	2507	not disqualify an individual from licensure, certification or registration
2508	2508	solely because such individual consumes medical cannabis in accordance
2509	2509	with the Kansas medical cannabis act, section 1 et seq., and amendments
2510	2510	thereto.
2511	2511	(b) The provisions of this section shall not apply to the:
2512	2512	(1) Kansas commission on peace officers' standards and training;
2513	2513	(2) Kansas highway patrol;
2514	2514	(3) office of the attorney general;
2515	2515	(4) department of health and environment; or
2516	2516	(5) division of alcoholic beverage control.
2517	2517	New Sec. 45. (a) Subject to the provisions of K.S.A. 44-1018, and
2518	2518	amendments thereto, it shall be unlawful for any person:
2519	2519	(1) To refuse to sell or rent after the making of a bona fide offer, to
2520	2520	fail to transmit a bona fide offer or refuse to negotiate in good faith for the
2521	2521	sale or rental of, or otherwise make unavailable or deny, real property to
2522	2522	any person because such person consumes medical cannabis in accordance
2523	2523	with the provisions of the Kansas medical cannabis act, section 1 et seq.,
2524	2524	and amendments thereto;
2525	2525	(2) to discriminate against any person in the terms, conditions or
2526	2526	privileges of sale or rental of real property, or in the provision of services
2527	2527	or facilities in connection therewith, because such person consumes
2528	2528	medical cannabis in accordance with the provisions of the Kansas medical
2529	2529	cannabis act, section 1 et seq., and amendments thereto; and
2530	2530	(3) to discriminate against any person in such person's use or
2531	2531	1
2532	2532	2
2533	2533	3
2534	2534	4
2535	2535	5
2536	2536	6
2537	2537	7
2538	2538	8
2539	2539	9
2540	2540	10
2541	2541	11
2542	2542	12
2543	2543	13
2544	2544	14
2545	2545	15
2546	2546	16
2547	2547	17
2548	2548	18
2549	2549	19
2550	2550	20
2551	2551	21
2552	2552	22
2553	2553	23
2554	2554	24
2555	2555	25
2556	2556	26
2557	2557	27
2558	2558	28
2559	2559	29
2560	2560	30
2561	2561	31
2562	2562	32
2563	2563	33
2564	2564	34
2565	2565	35
2566	2566	36
2567	2567	37
2568	2568	38
2569	2569	39
2570	2570	40
2571	2571	41
2572	2572	42
2573	2573	43 SB 294 31
2574	2574	occupancy of real property because such person associates with another
2575	2575	person who consumes medical cannabis in accordance with the provisions
2576	2576	of the Kansas medical cannabis act, section 1 et seq., and amendments
2577	2577	thereto.
2578	2578	(b) (1) It shall be unlawful for any person or other entity whose
2579	2579	business includes engaging in real estate-related transactions to
2580	2580	discriminate against any person in making available such a transaction, or
2581	2581	in the terms or conditions of such a transaction, because such person or
2582	2582	any person associated with such person in connection with any real estate
2583	2583	related transaction consumes medical cannabis in accordance with the
2584	2584	provisions of the Kansas medical cannabis act, section 1 et seq., and
2585	2585	amendments thereto.
2586	2586	(2) Nothing in this subsection prohibits a person engaged in the
2587	2587	business of furnishing appraisals of real property to take into consideration
2588	2588	factors other than an individual's consumption of medical cannabis in
2589	2589	accordance with the provisions of the Kansas medical cannabis act, section
2590	2590	1 et seq., and amendments thereto.
2591	2591	(3) As used in this subsection, "real estate related transaction" means
2592	2592	the same as that term is defined in K.S.A. 44-1017, and amendments
2593	2593	thereto.
2594	2594	(c) It shall be unlawful to coerce, intimidate, threaten or interfere with
2595	2595	any person in the exercise or enjoyment of, or on account of such person's
2596	2596	having exercised or enjoyed, or on account of such person's having aided
2597	2597	or encouraged any other person in the exercise or enjoyment of, any right
2598	2598	granted or protected by subsection (a) or (b).
2599	2599	(d) Nothing in this section shall be construed to prohibit a person
2600	2600	from taking any action necessary to procure or retain any monetary benefit
2601	2601	provided under federal law, or any rules and regulations adopted
2602	2602	thereunder, or to obtain or maintain any license, certificate, registration or
2603	2603	other legal status issued or bestowed under federal law, or any rules and
2604	2604	regulations adopted thereunder.
2605	2605	(e) The provisions of this section shall be a part of and supplemental
2606	2606	to the Kansas act against discrimination.
2607	2607	New Sec. 46. (a) Any individual or group health insurance policy,
2608	2608	medical service plan, contract, hospital service corporation contract,
2609	2609	hospital and medical service corporation contract, fraternal benefit society
2610	2610	or health maintenance organization, municipal group-funded pool and the
2611	2611	state employee healthcare benefits plan shall not exclude coverage for an
2612	2612	insured individual solely on the basis that such insured individual
2613	2613	purchases, possesses or consumes medical cannabis in accordance with the
2614	2614	provisions of the Kansas medical cannabis act, section 1 et seq., and
2615	2615	amendments thereto.
2616	2616	(b) No health insurance exchange established within this state or any
2617	2617	1
2618	2618	2
2619	2619	3
2620	2620	4
2621	2621	5
2622	2622	6
2623	2623	7
2624	2624	8
2625	2625	9
2626	2626	10
2627	2627	11
2628	2628	12
2629	2629	13
2630	2630	14
2631	2631	15
2632	2632	16
2633	2633	17
2634	2634	18
2635	2635	19
2636	2636	20
2637	2637	21
2638	2638	22
2639	2639	23
2640	2640	24
2641	2641	25
2642	2642	26
2643	2643	27
2644	2644	28
2645	2645	29
2646	2646	30
2647	2647	31
2648	2648	32
2649	2649	33
2650	2650	34
2651	2651	35
2652	2652	36
2653	2653	37
2654	2654	38
2655	2655	39
2656	2656	40
2657	2657	41
2658	2658	42
2659	2659	43 SB 294 32
2660	2660	health insurance exchange administered by the federal government or its
2661	2661	agencies within this state shall exclude from coverage an insured
2662	2662	individual solely on the basis that such insured individual purchases,
2663	2663	possesses or consumes medical cannabis in accordance with the provisions
2664	2664	of the Kansas medical cannabis act, section 1 et seq., and amendments
2665	2665	thereto.
2666	2666	(c) Nothing in this section shall be construed to prohibit a person
2667	2667	from taking any action necessary to procure or retain any monetary benefit
2668	2668	provided under federal law, or any rules and regulations adopted
2669	2669	thereunder, or to obtain or maintain any license, certificate, registration or
2670	2670	other legal status issued or bestowed under federal law, or any rules and
2671	2671	regulations adopted thereunder.
2672	2672	Sec. 47. K.S.A. 2024 Supp. 8-1567 is hereby amended to read as
2673	2673	follows: 8-1567. (a) Driving under the influence is operating or attempting
2674	2674	to operate any vehicle within this state while:
2675	2675	(1) The alcohol concentration in the person's blood or breath as
2676	2676	shown by any competent evidence, including other competent evidence, as
2677	2677	defined in K.S.A. 8-1013(f)(1), and amendments thereto, is 0.08 or more;
2678	2678	(2) the alcohol concentration in the person's blood or breath, as
2679	2679	measured within three hours of the time of operating or attempting to
2680	2680	operate a vehicle, is 0.08 or more;
2681	2681	(3) under the influence of alcohol to a degree that renders the person
2682	2682	incapable of safely driving a vehicle;
2683	2683	(4) under the influence of any drug or combination of drugs to a
2684	2684	degree that renders the person incapable of safely driving a vehicle; or
2685	2685	(5) under the influence of a combination of alcohol and any drug or
2686	2686	drugs to a degree that renders the person incapable of safely driving a
2687	2687	vehicle.
2688	2688	(b) (1) Driving under the influence is:
2689	2689	(A) On a first conviction, a class B, nonperson misdemeanor. The
2690	2690	person convicted shall be sentenced to not less than 48 consecutive hours
2691	2691	nor more than six months' imprisonment, or in the court's discretion 100
2692	2692	hours of public service, and fined not less than $750 nor more than $1,000;
2693	2693	(B) on a second conviction, a class A, nonperson misdemeanor. The
2694	2694	person convicted shall be sentenced to not less than 90 days nor more than
2695	2695	one year's imprisonment and fined not less than $1,250 nor more than
2696	2696	$1,750. The following conditions shall apply to such sentence:
2697	2697	(i) As a condition of any probation granted under this subsection, the
2698	2698	person shall serve at least 120 hours of confinement. The hours of
2699	2699	confinement shall include at least 48 hours of imprisonment and otherwise
2700	2700	may be served by a combination of: Imprisonment; a work release
2701	2701	program, if such work release program requires such person to return to
2702	2702	the confinement at the end of each day in the work release program; or a
2703	2703	1
2704	2704	2
2705	2705	3
2706	2706	4
2707	2707	5
2708	2708	6
2709	2709	7
2710	2710	8
2711	2711	9
2712	2712	10
2713	2713	11
2714	2714	12
2715	2715	13
2716	2716	14
2717	2717	15
2718	2718	16
2719	2719	17
2720	2720	18
2721	2721	19
2722	2722	20
2723	2723	21
2724	2724	22
2725	2725	23
2726	2726	24
2727	2727	25
2728	2728	26
2729	2729	27
2730	2730	28
2731	2731	29
2732	2732	30
2733	2733	31
2734	2734	32
2735	2735	33
2736	2736	34
2737	2737	35
2738	2738	36
2739	2739	37
2740	2740	38
2741	2741	39
2742	2742	40
2743	2743	41
2744	2744	42
2745	2745	43 SB 294 33
2746	2746	house arrest program pursuant to K.S.A. 21-6609, and amendments
2747	2747	thereto;
2748	2748	(ii) (a) if the person is placed into a work release program or placed
2749	2749	under a house arrest program for any portion of the minimum of 120 hours
2750	2750	of confinement mandated by this subsection, the person shall receive hour-
2751	2751	for-hour credit for time served in such program until the minimum
2752	2752	sentence is met. If the person is placed into a work release program or
2753	2753	placed under a house arrest program for more than the minimum of 120
2754	2754	hours of confinement mandated by this subsection, the person shall receive
2755	2755	hour-for-hour credit for time served in such program until the minimum of
2756	2756	120 hours of confinement is completed, and thereafter, the person shall
2757	2757	receive day-for-day credit for time served in such program unless
2758	2758	otherwise ordered by the court; and
2759	2759	(b) when in a work release program, the person shall only be given
2760	2760	credit for the time served in confinement at the end of and continuing to
2761	2761	the beginning of the person's work day. When under a house arrest
2762	2762	program, the person shall be monitored by an electronic monitoring device
2763	2763	that verifies the person's location and shall only be given credit for the
2764	2764	time served within the boundaries of the person's residence;
2765	2765	(C) on a third conviction, a class A, nonperson misdemeanor, except
2766	2766	as provided in subsection (b)(1)(D). The person convicted shall be
2767	2767	sentenced to not less than 90 days nor more than one year's imprisonment
2768	2768	and fined not less than $1,750 nor more than $2,500. The following
2769	2769	conditions shall apply to such sentence:
2770	2770	(i) As a condition of any probation granted under this subsection, the
2771	2771	person shall serve at least 30 days of confinement. After at least 48
2772	2772	consecutive hours of imprisonment, the remainder of the period of
2773	2773	confinement may be served by a combination of: Imprisonment; a work
2774	2774	release program, if such work release program requires such person to
2775	2775	return to the confinement at the end of each day in the work release
2776	2776	program; or a house arrest program pursuant to K.S.A. 21-6609, and
2777	2777	amendments thereto; and
2778	2778	(ii) (a) if the person is placed into a work release program or placed
2779	2779	under a house arrest program for any portion of the minimum of 30 days
2780	2780	of confinement mandated by this subsection, the person shall receive hour-
2781	2781	for-hour credit for time served in such program for the first 240 hours of
2782	2782	confinement, and thereafter, the person shall receive day-for-day credit for
2783	2783	time served in such program unless otherwise ordered by the court; and
2784	2784	(b) when in a work release program, the person shall only be given
2785	2785	credit for the time served in confinement at the end of and continuing to
2786	2786	the beginning of the person's work day. When under a house arrest
2787	2787	program, the person shall be monitored by an electronic monitoring device
2788	2788	that verifies the person's location and shall only be given credit for the
2789	2789	1
2790	2790	2
2791	2791	3
2792	2792	4
2793	2793	5
2794	2794	6
2795	2795	7
2796	2796	8
2797	2797	9
2798	2798	10
2799	2799	11
2800	2800	12
2801	2801	13
2802	2802	14
2803	2803	15
2804	2804	16
2805	2805	17
2806	2806	18
2807	2807	19
2808	2808	20
2809	2809	21
2810	2810	22
2811	2811	23
2812	2812	24
2813	2813	25
2814	2814	26
2815	2815	27
2816	2816	28
2817	2817	29
2818	2818	30
2819	2819	31
2820	2820	32
2821	2821	33
2822	2822	34
2823	2823	35
2824	2824	36
2825	2825	37
2826	2826	38
2827	2827	39
2828	2828	40
2829	2829	41
2830	2830	42
2831	2831	43 SB 294 34
2832	2832	time served within the boundaries of the person's residence;
2833	2833	(D) on a third conviction, a severity level 6, nonperson felony if the
2834	2834	person has a prior conviction which occurred within the preceding 10
2835	2835	years, not including any period of incarceration. The following conditions
2836	2836	shall apply to such sentence:
2837	2837	(i) As a condition of any probation granted under this subsection, the
2838	2838	person shall serve at least 30 days of confinement. After at least 48
2839	2839	consecutive hours of imprisonment, the remainder of the period of
2840	2840	confinement may be served by a combination of: Imprisonment; a work
2841	2841	release program, if such work release program requires such person to
2842	2842	return to the confinement at the end of each day in the work release
2843	2843	program; or a house arrest program pursuant to K.S.A. 21-6609, and
2844	2844	amendments thereto; and
2845	2845	(ii) (a) if the person is placed into a work release program or placed
2846	2846	under a house arrest program for any portion of the minimum of 30 days
2847	2847	of confinement mandated by this subsection, the person shall receive hour-
2848	2848	for-hour credit for time served in such program for the first 240 hours of
2849	2849	confinement, and thereafter, the person shall receive day-for-day credit for
2850	2850	time served in such program unless otherwise ordered by the court; and
2851	2851	(b) when in a work release program, the person shall only be given
2852	2852	credit for the time served in confinement at the end of and continuing to
2853	2853	the beginning of the person's work day. When under a house arrest
2854	2854	program, the person shall be monitored by an electronic monitoring device
2855	2855	that verifies the person's location and shall only be given credit for the
2856	2856	time served within the boundaries of the person's residence; and
2857	2857	(E) on a fourth or subsequent conviction, a severity level 6,
2858	2858	nonperson felony. The following conditions shall apply to such sentence:
2859	2859	(i) As a condition of any probation granted under this subsection, the
2860	2860	person shall serve at least 30 days of confinement. After at least 48
2861	2861	consecutive hours of imprisonment, the remainder of the period of
2862	2862	confinement may be served by a combination of: Imprisonment; a work
2863	2863	release program, if such work release program requires such person to
2864	2864	return to the confinement at the end of each day in the work release
2865	2865	program; or a house arrest program pursuant to K.S.A. 21-6609, and
2866	2866	amendments thereto; and
2867	2867	(ii) (a) if the person is placed into a work release program or placed
2868	2868	under a house arrest program for any portion of the minimum of 30 days
2869	2869	of confinement mandated by this subsection, the person shall receive hour-
2870	2870	for-hour credit for time served in such program for the first 240 hours of
2871	2871	confinement, and thereafter, the person shall receive day-for-day credit for
2872	2872	time served in such program unless otherwise ordered by the court; and
2873	2873	(b) when in a work release program, the person shall only be given
2874	2874	credit for the time served in confinement at the end of and continuing to
2875	2875	1
2876	2876	2
2877	2877	3
2878	2878	4
2879	2879	5
2880	2880	6
2881	2881	7
2882	2882	8
2883	2883	9
2884	2884	10
2885	2885	11
2886	2886	12
2887	2887	13
2888	2888	14
2889	2889	15
2890	2890	16
2891	2891	17
2892	2892	18
2893	2893	19
2894	2894	20
2895	2895	21
2896	2896	22
2897	2897	23
2898	2898	24
2899	2899	25
2900	2900	26
2901	2901	27
2902	2902	28
2903	2903	29
2904	2904	30
2905	2905	31
2906	2906	32
2907	2907	33
2908	2908	34
2909	2909	35
2910	2910	36
2911	2911	37
2912	2912	38
2913	2913	39
2914	2914	40
2915	2915	41
2916	2916	42
2917	2917	43 SB 294 35
2918	2918	the beginning of the person's work day. When under a house arrest
2919	2919	program, the person shall be monitored by an electronic monitoring device
2920	2920	that verifies the person's location and shall only be given credit for the
2921	2921	time served within the boundaries of the person's residence.
2922	2922	(2) (A) The court may order that the term of imprisonment imposed
2923	2923	pursuant to subsection (b)(1)(D) or (b)(1)(E) be served in a state facility in
2924	2924	the custody of the secretary of corrections in a facility designated by the
2925	2925	secretary for the provision of substance abuse treatment pursuant to the
2926	2926	provisions of K.S.A. 21-6804, and amendments thereto. The secretary of
2927	2927	corrections may refuse to admit the person to the designated facility and
2928	2928	place the person in a different state facility, or admit the person and
2929	2929	subsequently transfer the person to a different state facility, if the secretary
2930	2930	determines: (i) That substance abuse treatment resources or the capacity of
2931	2931	the facility designated by the secretary for the incarceration and treatment
2932	2932	of the person is not available; (ii) the person has failed to meaningfully
2933	2933	participate in the treatment program of the designated facility; (iii) the
2934	2934	person is disruptive to the security or operation of the designated facility;
2935	2935	or (iv) the medical or mental health condition of the person renders the
2936	2936	person unsuitable for confinement at the designated facility. The
2937	2937	determination by the secretary that the person either is not to be admitted
2938	2938	into the designated facility or is to be transferred from the designated
2939	2939	facility is not subject to review.
2940	2940	(B) In addition to the provisions of subsection (b)(1), for any
2941	2941	conviction pursuant to subsection (b)(1)(D) or (b)(1)(E), if the person is
2942	2942	granted probation, the court shall determine whether the person shall be
2943	2943	supervised by community correctional services or court services based on
2944	2944	the risk and needs of the person. The risk and needs of the person shall be
2945	2945	determined by use of a risk assessment tool specified by the Kansas
2946	2946	sentencing commission. During the probation supervision, the person shall
2947	2947	be required to participate in a multidisciplinary model of services for
2948	2948	substance use disorders facilitated by a Kansas department for aging and
2949	2949	disability services designated care coordination agency to include
2950	2950	assessment and, if appropriate, referral to a community based substance
2951	2951	use disorder treatment including recovery management and mental health
2952	2952	counseling as needed. The multidisciplinary team shall include the
2953	2953	designated care coordination agency, the supervision officer, the Kansas
2954	2954	department for aging and disability services designated treatment provider
2955	2955	and the person.
2956	2956	(3) In addition to the provisions of subsection (b)(1), for any
2957	2957	conviction pursuant to subsection (b)(1)(C), at the time of the filing of the
2958	2958	judgment form or journal entry as required by K.S.A. 21-6711 or 22-3426,
2959	2959	and amendments thereto, the court shall cause a certified copy to be sent to
2960	2960	the officer having the person in charge. The court shall determine whether
2961	2961	1
2962	2962	2
2963	2963	3
2964	2964	4
2965	2965	5
2966	2966	6
2967	2967	7
2968	2968	8
2969	2969	9
2970	2970	10
2971	2971	11
2972	2972	12
2973	2973	13
2974	2974	14
2975	2975	15
2976	2976	16
2977	2977	17
2978	2978	18
2979	2979	19
2980	2980	20
2981	2981	21
2982	2982	22
2983	2983	23
2984	2984	24
2985	2985	25
2986	2986	26
2987	2987	27
2988	2988	28
2989	2989	29
2990	2990	30
2991	2991	31
2992	2992	32
2993	2993	33
2994	2994	34
2995	2995	35
2996	2996	36
2997	2997	37
2998	2998	38
2999	2999	39
3000	3000	40
3001	3001	41
3002	3002	42
3003	3003	43 SB 294 36
3004	3004	the person, upon release from imprisonment, shall be supervised by
3005	3005	community correctional services or court services based upon the risk and
3006	3006	needs of the person. The risk and needs of the person shall be determined
3007	3007	by use of a risk assessment tool specified by the Kansas sentencing
3008	3008	commission. The law enforcement agency maintaining custody and control
3009	3009	of a person for imprisonment shall cause a certified copy of the judgment
3010	3010	form or journal entry to be sent to the supervision office designated by the
3011	3011	court and upon expiration of the term of imprisonment shall deliver the
3012	3012	person to a location designated by the supervision office designated by the
3013	3013	court. After the term of imprisonment imposed by the court, the person
3014	3014	shall be placed on supervision to community correctional services or court
3015	3015	services, as determined by the court, for a mandatory one-year period of
3016	3016	supervision, which such period of supervision shall not be reduced. During
3017	3017	such supervision, the person shall be required to participate in a
3018	3018	multidisciplinary model of services for substance use disorders facilitated
3019	3019	by a Kansas department for aging and disability services designated care
3020	3020	coordination agency to include assessment and, if appropriate, referral to a
3021	3021	community based substance use disorder treatment including recovery
3022	3022	management and mental health counseling as needed. The
3023	3023	multidisciplinary team shall include the designated care coordination
3024	3024	agency, the supervision officer, the Kansas department for aging and
3025	3025	disability services designated treatment provider and the person. A person
3026	3026	for whom a warrant has been issued by the court alleging a violation of
3027	3027	this supervision shall be considered a fugitive from justice if it is found
3028	3028	that the warrant cannot be served. If it is found that the person has violated
3029	3029	the provisions of this supervision, the court shall determine whether the
3030	3030	time from the issuing of the warrant to the date of the court's determination
3031	3031	of an alleged violation, or any part of it, shall be counted as time served on
3032	3032	supervision. Any violation of the conditions of such supervision may
3033	3033	subject such person to revocation of supervision and imprisonment in jail
3034	3034	for the remainder of the period of imprisonment, the remainder of the
3035	3035	supervision period, or any combination or portion thereof. The term of
3036	3036	supervision may be extended at the court's discretion beyond one year, and
3037	3037	any violation of the conditions of such extended term of supervision may
3038	3038	subject such person to the revocation of supervision and imprisonment in
3039	3039	jail of up to the remainder of the original sentence, not the term of the
3040	3040	extended supervision.
3041	3041	(4) In addition to the provisions of subsection (b)(1), prior to
3042	3042	sentencing for any conviction pursuant to subsection (b)(1)(A) or (b)(1)
3043	3043	(B), the court shall order the person to participate in an alcohol and drug
3044	3044	evaluation conducted by a provider in accordance with K.S.A. 8-1008, and
3045	3045	amendments thereto. The person shall be required to follow any
3046	3046	recommendation made by the provider after such evaluation, unless
3047	3047	1
3048	3048	2
3049	3049	3
3050	3050	4
3051	3051	5
3052	3052	6
3053	3053	7
3054	3054	8
3055	3055	9
3056	3056	10
3057	3057	11
3058	3058	12
3059	3059	13
3060	3060	14
3061	3061	15
3062	3062	16
3063	3063	17
3064	3064	18
3065	3065	19
3066	3066	20
3067	3067	21
3068	3068	22
3069	3069	23
3070	3070	24
3071	3071	25
3072	3072	26
3073	3073	27
3074	3074	28
3075	3075	29
3076	3076	30
3077	3077	31
3078	3078	32
3079	3079	33
3080	3080	34
3081	3081	35
3082	3082	36
3083	3083	37
3084	3084	38
3085	3085	39
3086	3086	40
3087	3087	41
3088	3088	42
3089	3089	43 SB 294 37
3090	3090	otherwise ordered by the court.
3091	3091	(c) Any person 18 years of age or older convicted of violating this
3092	3092	section or an ordinance which prohibits the acts that this section prohibits
3093	3093	who had one or more children under the age of 18 years in the vehicle at
3094	3094	the time of the offense shall have such person's punishment enhanced by
3095	3095	one month of imprisonment. This imprisonment must be served
3096	3096	consecutively to any other minimum mandatory penalty imposed for a
3097	3097	violation of this section or an ordinance which prohibits the acts that this
3098	3098	section prohibits. Any enhanced penalty imposed shall not exceed the
3099	3099	maximum sentence allowable by law. During the service of the enhanced
3100	3100	penalty, the judge may order the person on house arrest, work release or
3101	3101	other conditional release.
3102	3102	(d) (1) If a person is charged with a violation of subsection (a)(4) or
3103	3103	(a)(5), the fact that the person is or has been entitled to use the drug under
3104	3104	the laws of this state shall not constitute a defense against the charge.
3105	3105	(2) The fact that a person tests positive for the presence of cannabis
3106	3106	metabolites shall not constitute a violation of subsection (a)(4) or (a)(5).
3107	3107	(e) The court may establish the terms and time for payment of any
3108	3108	fines, fees, assessments and costs imposed pursuant to this section. Any
3109	3109	assessment and costs shall be required to be paid not later than 90 days
3110	3110	after imposed, and any remainder of the fine shall be paid prior to the final
3111	3111	release of the person by the court.
3112	3112	(f) (1) In lieu of payment of a fine imposed pursuant to this section,
3113	3113	the court may order that the person perform community service specified
3114	3114	by the court. The person shall receive a credit on the fine imposed in an
3115	3115	amount equal to $5 for each full hour spent by the person in the specified
3116	3116	community service. The community service ordered by the court shall be
3117	3117	required to be performed not later than one year after the fine is imposed
3118	3118	or by an earlier date specified by the court. If by the required date the
3119	3119	person performs an insufficient amount of community service to reduce to
3120	3120	zero the portion of the fine required to be paid by the person, the
3121	3121	remaining balance of the fine shall become due on that date.
3122	3122	(2) The court may, in its discretion, waive any portion of a fine
3123	3123	imposed pursuant to this section, except the $250 required to be remitted
3124	3124	to the state treasurer pursuant to subsection (q)(2), upon a showing that the
3125	3125	person successfully completed court-ordered education or treatment.
3126	3126	(g) Prior to filing a complaint alleging a violation of this section, a
3127	3127	prosecutor shall request and shall receive from the:
3128	3128	(1) Division a record of all prior convictions obtained against such
3129	3129	person for any violations of any of the motor vehicle laws of this state; and
3130	3130	(2) Kansas bureau of investigation central repository all criminal
3131	3131	history record information concerning such person.
3132	3132	(h) The court shall electronically report every conviction of a
3133	3133	1
3134	3134	2
3135	3135	3
3136	3136	4
3137	3137	5
3138	3138	6
3139	3139	7
3140	3140	8
3141	3141	9
3142	3142	10
3143	3143	11
3144	3144	12
3145	3145	13
3146	3146	14
3147	3147	15
3148	3148	16
3149	3149	17
3150	3150	18
3151	3151	19
3152	3152	20
3153	3153	21
3154	3154	22
3155	3155	23
3156	3156	24
3157	3157	25
3158	3158	26
3159	3159	27
3160	3160	28
3161	3161	29
3162	3162	30
3163	3163	31
3164	3164	32
3165	3165	33
3166	3166	34
3167	3167	35
3168	3168	36
3169	3169	37
3170	3170	38
3171	3171	39
3172	3172	40
3173	3173	41
3174	3174	42
3175	3175	43 SB 294 38
3176	3176	violation of this section and every diversion agreement entered into in lieu
3177	3177	of further criminal proceedings on a complaint alleging a violation of this
3178	3178	section to the division including any finding regarding the alcohol
3179	3179	concentration in the person's blood or breath. Prior to sentencing under the
3180	3180	provisions of this section, the court shall request and shall receive from the
3181	3181	division a record of all prior convictions obtained against such person for
3182	3182	any violations of any of the motor vehicle laws of this state.
3183	3183	(i) For the purpose of determining whether a conviction is a first,
3184	3184	second, third, fourth or subsequent conviction in sentencing under this
3185	3185	section:
3186	3186	(1) Convictions for a violation of this section, or a violation of an
3187	3187	ordinance of any city or resolution of any county that prohibits the acts
3188	3188	that this section prohibits, or entering into a diversion agreement in lieu of
3189	3189	further criminal proceedings on a complaint alleging any such violations,
3190	3190	shall be taken into account, but only convictions or diversions occurring
3191	3191	on or after July 1, 2001. Nothing in this provision shall be construed as
3192	3192	preventing any court from considering any convictions or diversions
3193	3193	occurring during the person's lifetime in determining the sentence to be
3194	3194	imposed within the limits provided for a first, second, third, fourth or
3195	3195	subsequent offense;
3196	3196	(2) any convictions for a violation of the following sections occurring
3197	3197	during a person's lifetime shall be taken into account:
3198	3198	(A) Driving a commercial motor vehicle under the influence, K.S.A.
3199	3199	8-2,144, and amendments thereto;
3200	3200	(B) operating a vessel under the influence of alcohol or drugs, K.S.A.
3201	3201	32-1131, and amendments thereto;
3202	3202	(C) involuntary manslaughter while driving under the influence of
3203	3203	alcohol or drugs, K.S.A. 21-3442, prior to its repeal, or K.S.A. 21-5405(a)
3204	3204	(3) or (a)(5), and amendments thereto;
3205	3205	(D) aggravated battery as described in K.S.A. 21-5413(b)(3) or (b)
3206	3206	(4), and amendments thereto; and
3207	3207	(E) aggravated vehicular homicide, K.S.A. 21-3405a, prior to its
3208	3208	repeal, or vehicular battery, K.S.A. 21-3405b, prior to its repeal, if the
3209	3209	crime was committed while committing a violation of K.S.A. 8-1567, and
3210	3210	amendments thereto;
3211	3211	(3) "conviction" includes:
3212	3212	(A) Entering into a diversion agreement in lieu of further criminal
3213	3213	proceedings on a complaint alleging an offense described in subsection (i)
3214	3214	(2); and
3215	3215	(B) conviction of a violation of an ordinance of a city in this state, a
3216	3216	resolution of a county in this state or any law of another jurisdiction that
3217	3217	would constitute an offense that is comparable to the offense described in
3218	3218	subsection (i)(1) or (i)(2);
3219	3219	1
3220	3220	2
3221	3221	3
3222	3222	4
3223	3223	5
3224	3224	6
3225	3225	7
3226	3226	8
3227	3227	9
3228	3228	10
3229	3229	11
3230	3230	12
3231	3231	13
3232	3232	14
3233	3233	15
3234	3234	16
3235	3235	17
3236	3236	18
3237	3237	19
3238	3238	20
3239	3239	21
3240	3240	22
3241	3241	23
3242	3242	24
3243	3243	25
3244	3244	26
3245	3245	27
3246	3246	28
3247	3247	29
3248	3248	30
3249	3249	31
3250	3250	32
3251	3251	33
3252	3252	34
3253	3253	35
3254	3254	36
3255	3255	37
3256	3256	38
3257	3257	39
3258	3258	40
3259	3259	41
3260	3260	42
3261	3261	43 SB 294 39
3262	3262	(4) multiple convictions of any crime described in subsection (i)(1) or
3263	3263	(i)(2) arising from the same arrest shall only be counted as one conviction;
3264	3264	(5) it is irrelevant whether an offense occurred before or after
3265	3265	conviction for a previous offense; and
3266	3266	(6) a person may enter into a diversion agreement in lieu of further
3267	3267	criminal proceedings for a violation of this section, and amendments
3268	3268	thereto, or an ordinance which prohibits the acts of this section, and
3269	3269	amendments thereto, only once during the person's lifetime.
3270	3270	(j) For the purposes of determining whether an offense is comparable,
3271	3271	the following shall be considered:
3272	3272	(1) The name of the out-of-jurisdiction offense;
3273	3273	(2) the elements of the out-of-jurisdiction offense; and
3274	3274	(3) whether the out-of-jurisdiction offense prohibits similar conduct
3275	3275	to the conduct prohibited by the closest approximate Kansas offense.
3276	3276	(k) Upon conviction of a person of a violation of this section or a
3277	3277	violation of a city ordinance or county resolution prohibiting the acts
3278	3278	prohibited by this section, the division, upon receiving a report of
3279	3279	conviction, shall suspend, restrict or suspend and restrict the person's
3280	3280	driving privileges as provided by K.S.A. 8-1014, and amendments thereto.
3281	3281	(l) (1) Nothing contained in this section shall be construed as
3282	3282	preventing any city from enacting ordinances, or any county from adopting
3283	3283	resolutions, declaring acts prohibited or made unlawful by this act as
3284	3284	unlawful or prohibited in such city or county and prescribing penalties for
3285	3285	violation thereof.
3286	3286	(2) The minimum penalty prescribed by any such ordinance or
3287	3287	resolution shall not be less than the minimum penalty prescribed by this
3288	3288	section for the same violation, and the maximum penalty in any such
3289	3289	ordinance or resolution shall not exceed the maximum penalty prescribed
3290	3290	for the same violation.
3291	3291	(3) On and after July 1, 2007, and retroactive for ordinance violations
3292	3292	committed on or after July 1, 2006, an ordinance may grant to a municipal
3293	3293	court jurisdiction over a violation of such ordinance which is concurrent
3294	3294	with the jurisdiction of the district court over a violation of this section,
3295	3295	notwithstanding that the elements of such ordinance violation are the same
3296	3296	as the elements of a violation of this section that would constitute, and be
3297	3297	punished as, a felony.
3298	3298	(4) Any such ordinance or resolution shall authorize the court to order
3299	3299	that the convicted person pay restitution to any victim who suffered loss
3300	3300	due to the violation for which the person was convicted.
3301	3301	(m) (1) Upon the filing of a complaint, citation or notice to appear
3302	3302	alleging a person has violated a city ordinance prohibiting the acts
3303	3303	prohibited by this section, and prior to conviction thereof, a city attorney
3304	3304	shall request and shall receive from the:
3305	3305	1
3306	3306	2
3307	3307	3
3308	3308	4
3309	3309	5
3310	3310	6
3311	3311	7
3312	3312	8
3313	3313	9
3314	3314	10
3315	3315	11
3316	3316	12
3317	3317	13
3318	3318	14
3319	3319	15
3320	3320	16
3321	3321	17
3322	3322	18
3323	3323	19
3324	3324	20
3325	3325	21
3326	3326	22
3327	3327	23
3328	3328	24
3329	3329	25
3330	3330	26
3331	3331	27
3332	3332	28
3333	3333	29
3334	3334	30
3335	3335	31
3336	3336	32
3337	3337	33
3338	3338	34
3339	3339	35
3340	3340	36
3341	3341	37
3342	3342	38
3343	3343	39
3344	3344	40
3345	3345	41
3346	3346	42
3347	3347	43 SB 294 40
3348	3348	(A) Division a record of all prior convictions obtained against such
3349	3349	person for any violations of any of the motor vehicle laws of this state; and
3350	3350	(B) Kansas bureau of investigation central repository all criminal
3351	3351	history record information concerning such person.
3352	3352	(2) If the elements of such ordinance violation are the same as the
3353	3353	elements of a violation of this section that would constitute, and be
3354	3354	punished as, a felony, the city attorney shall refer the violation to the
3355	3355	appropriate county or district attorney for prosecution.
3356	3356	(n) No plea bargaining agreement shall be entered into nor shall any
3357	3357	judge approve a plea bargaining agreement entered into for the purpose of
3358	3358	permitting a person charged with a violation of this section, or a violation
3359	3359	of any ordinance of a city or resolution of any county in this state which
3360	3360	prohibits the acts prohibited by this section, to avoid the mandatory
3361	3361	penalties established by this section or by the ordinance. For the purpose
3362	3362	of this subsection, entering into a diversion agreement pursuant to K.S.A.
3363	3363	12-4413 et seq. or 22-2906 et seq., and amendments thereto, shall not
3364	3364	constitute plea bargaining. This subsection shall not be construed to
3365	3365	prohibit an amendment or dismissal of any charge where the admissible
3366	3366	evidence is not sufficient to support a conviction beyond a reasonable
3367	3367	doubt on such charge.
3368	3368	(o) The alternatives set out in subsection (a) may be pleaded in the
3369	3369	alternative, and the state, city or county may, but shall not be required to,
3370	3370	elect one or more of such alternatives prior to submission of the case to the
3371	3371	fact finder.
3372	3372	(p) As used in this section:
3373	3373	(1) "Alcohol concentration" means the number of grams of alcohol
3374	3374	per 100 milliliters of blood or per 210 liters of breath;
3375	3375	(2) "imprisonment" includes any restrained environment in which the
3376	3376	court and law enforcement agency intend to retain custody and control of a
3377	3377	person and such environment has been approved by the board of county
3378	3378	commissioners or the governing body of a city; and
3379	3379	(3) "drug" includes toxic vapors as such term is defined in K.S.A. 21-
3380	3380	5712, and amendments thereto.
3381	3381	(q) (1) The amount of the increase in fines as specified in this section
3382	3382	shall be remitted by the clerk of the district court to the state treasurer in
3383	3383	accordance with the provisions of K.S.A. 75-4215, and amendments
3384	3384	thereto. Upon receipt of remittance of the increase provided in this act, the
3385	3385	state treasurer shall deposit the entire amount in the state treasury and the
3386	3386	state treasurer shall credit 50% to the community alcoholism and
3387	3387	intoxication programs fund and 50% to the department of corrections
3388	3388	alcohol and drug abuse treatment fund, which is hereby created in the state
3389	3389	treasury.
3390	3390	(2) On and after July 1, 2011, the amount of $250 from each fine
3391	3391	1
3392	3392	2
3393	3393	3
3394	3394	4
3395	3395	5
3396	3396	6
3397	3397	7
3398	3398	8
3399	3399	9
3400	3400	10
3401	3401	11
3402	3402	12
3403	3403	13
3404	3404	14
3405	3405	15
3406	3406	16
3407	3407	17
3408	3408	18
3409	3409	19
3410	3410	20
3411	3411	21
3412	3412	22
3413	3413	23
3414	3414	24
3415	3415	25
3416	3416	26
3417	3417	27
3418	3418	28
3419	3419	29
3420	3420	30
3421	3421	31
3422	3422	32
3423	3423	33
3424	3424	34
3425	3425	35
3426	3426	36
3427	3427	37
3428	3428	38
3429	3429	39
3430	3430	40
3431	3431	41
3432	3432	42
3433	3433	43 SB 294 41
3434	3434	imposed pursuant to this section shall be remitted by the clerk of the
3435	3435	district court to the state treasurer in accordance with the provisions of
3436	3436	K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
3437	3437	remittance, the state treasurer shall credit the entire amount to the
3438	3438	community corrections supervision fund established by K.S.A. 75-52,113,
3439	3439	and amendments thereto.
3440	3440	Sec. 48. K.S.A. 21-5703 is hereby amended to read as follows: 21-
3441	3441	5703. (a) It shall be unlawful for any person to manufacture any controlled
3442	3442	substance or controlled substance analog.
3443	3443	(b) Violation or attempted violation of subsection (a) is a:
3444	3444	(1) Drug severity level 2 felony, except as provided in subsections (b)
3445	3445	(2) and (b)(3);
3446	3446	(2) drug severity level 1 felony if:
3447	3447	(A) The controlled substance is not methamphetamine, as defined by
3448	3448	K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
3449	3449	thereof;
3450	3450	(B) the controlled substance is not a fentanyl-related controlled
3451	3451	substance; and
3452	3452	(C) the offender has a prior conviction for unlawful manufacturing of
3453	3453	a controlled substance under this section, K.S.A. 65-4159, prior to its
3454	3454	repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially
3455	3455	similar offense from another jurisdiction and the substance was not
3456	3456	methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
3457	3457	amendments thereto, or an analog thereof, in any such prior conviction;
3458	3458	and
3459	3459	(3) drug severity level 1 felony if the controlled substance is
3460	3460	methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
3461	3461	amendments thereto, or an analog thereof, or is a fentanyl-related
3462	3462	controlled substance.
3463	3463	(c) The provisions of K.S.A. 21-5301(d), and amendments thereto,
3464	3464	shall not apply to a violation of attempting to unlawfully manufacture any
3465	3465	controlled substance or controlled substance analog pursuant to this
3466	3466	section.
3467	3467	(d) For persons arrested and charged under this section, bail shall be
3468	3468	at least $50,000 cash or surety, and such person shall not be released upon
3469	3469	the person's own recognizance pursuant to K.S.A. 22-2802, and
3470	3470	amendments thereto, unless the court determines, on the record, that the
3471	3471	defendant is not likely to re-offend, the court imposes pretrial supervision,
3472	3472	or the defendant agrees to participate in a licensed or certified drug
3473	3473	treatment program.
3474	3474	(e) The sentence of a person who violates this section shall not be
3475	3475	subject to statutory provisions for suspended sentence, community service
3476	3476	work or probation.
3477	3477	1
3478	3478	2
3479	3479	3
3480	3480	4
3481	3481	5
3482	3482	6
3483	3483	7
3484	3484	8
3485	3485	9
3486	3486	10
3487	3487	11
3488	3488	12
3489	3489	13
3490	3490	14
3491	3491	15
3492	3492	16
3493	3493	17
3494	3494	18
3495	3495	19
3496	3496	20
3497	3497	21
3498	3498	22
3499	3499	23
3500	3500	24
3501	3501	25
3502	3502	26
3503	3503	27
3504	3504	28
3505	3505	29
3506	3506	30
3507	3507	31
3508	3508	32
3509	3509	33
3510	3510	34
3511	3511	35
3512	3512	36
3513	3513	37
3514	3514	38
3515	3515	39
3516	3516	40
3517	3517	41
3518	3518	42
3519	3519	43 SB 294 42
3520	3520	(f) The sentence of a person who violates this section, K.S.A. 65-
3521	3521	4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its
3522	3522	transfer, shall not be reduced because these sections prohibit conduct
3523	3523	identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their
3524	3524	repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-
3525	3525	5705, and amendments thereto.
3526	3526	(g) The provisions of this section shall not apply to a licensee, as
3527	3527	such term is defined in section 2, and amendments thereto, that is
3528	3528	producing medical cannabis or medical cannabis products, as such terms
3529	3529	are defined in section 2, and amendments thereto, when used for acts
3530	3530	authorized by the Kansas medical cannabis act, section 1 et seq., and
3531	3531	amendments thereto.
3532	3532	Sec. 49. K.S.A. 2024 Supp. 21-5705 is hereby amended to read as
3533	3533	follows: 21-5705. (a) It shall be unlawful for any person to distribute or
3534	3534	possess with the intent to distribute any of the following controlled
3535	3535	substances or controlled substance analogs thereof:
3536	3536	(1) Opiates, opium or narcotic drugs, or any stimulant designated in
3537	3537	K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto;
3538	3538	(2) any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-
3539	3539	4109(b) or (c) or 65-4111(b), and amendments thereto;
3540	3540	(3) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)
3541	3541	(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
3542	3542	(4) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
3543	3543	4107(g) or 65-4109(g), and amendments thereto;
3544	3544	(5) any substance designated in K.S.A. 65-4105(g) or 65-4111(c), (d),
3545	3545	(e), (f) or (g), and amendments thereto;
3546	3546	(6) any anabolic steroids as defined in K.S.A. 65-4109(f), and
3547	3547	amendments thereto; or
3548	3548	(7) any substance designated in K.S.A. 65-4105(h), and amendments
3549	3549	thereto.
3550	3550	(b) It shall be unlawful for any person to distribute or possess with
3551	3551	the intent to distribute a controlled substance or a controlled substance
3552	3552	analog designated in K.S.A. 65-4113, and amendments thereto.
3553	3553	(c) It shall be unlawful for any person to cultivate any controlled
3554	3554	substance or controlled substance analog listed in subsection (a).
3555	3555	(d) (1) Except as provided further, violation of subsection (a) is a:
3556	3556	(A) Drug severity level 4 felony if the quantity of the material was
3557	3557	less than 3.5 grams;
3558	3558	(B) drug severity level 3 felony if the quantity of the material was at
3559	3559	least 3.5 grams but less than 100 grams;
3560	3560	(C) drug severity level 2 felony if the quantity of the material was at
3561	3561	least 100 grams but less than 1 kilogram; and
3562	3562	(D) drug severity level 1 felony if the quantity of the material was 1
3563	3563	1
3564	3564	2
3565	3565	3
3566	3566	4
3567	3567	5
3568	3568	6
3569	3569	7
3570	3570	8
3571	3571	9
3572	3572	10
3573	3573	11
3574	3574	12
3575	3575	13
3576	3576	14
3577	3577	15
3578	3578	16
3579	3579	17
3580	3580	18
3581	3581	19
3582	3582	20
3583	3583	21
3584	3584	22
3585	3585	23
3586	3586	24
3587	3587	25
3588	3588	26
3589	3589	27
3590	3590	28
3591	3591	29
3592	3592	30
3593	3593	31
3594	3594	32
3595	3595	33
3596	3596	34
3597	3597	35
3598	3598	36
3599	3599	37
3600	3600	38
3601	3601	39
3602	3602	40
3603	3603	41
3604	3604	42
3605	3605	43 SB 294 43
3606	3606	kilogram or more.
3607	3607	(2) Except as provided further, violation of subsection (a) with
3608	3608	respect to material containing any quantity of marijuana, or an analog
3609	3609	thereof, is a:
3610	3610	(A) Drug severity level 4 felony if the quantity of the material was
3611	3611	less than 25 grams;
3612	3612	(B) drug severity level 3 felony if the quantity of the material was at
3613	3613	least 25 grams but less than 450 grams;
3614	3614	(C) drug severity level 2 felony if the quantity of the material was at
3615	3615	least 450 grams but less than 30 kilograms; and
3616	3616	(D) drug severity level 1 felony if the quantity of the material was 30
3617	3617	kilograms or more.
3618	3618	(3) Except as provided further, violation of subsection (a) with
3619	3619	respect to material containing any quantity of a fentanyl-related controlled
3620	3620	substance, heroin as defined by K.S.A. 65-4105(c)(12), and amendments
3621	3621	thereto, or methamphetamine as defined by K.S.A. 65-4107(d)(3) or (f)(1),
3622	3622	and amendments thereto, or an analog thereof, is a:
3623	3623	(A) Drug severity level 4 felony if the quantity of the material was
3624	3624	less than 1 gram;
3625	3625	(B) drug severity level 3 felony if the quantity of the material was at
3626	3626	least 1 gram but less than 3.5 grams;
3627	3627	(C) drug severity level 2 felony if the quantity of the material was at
3628	3628	least 3.5 grams but less than 100 grams; and
3629	3629	(D) drug severity level 1 felony if the quantity of the material was
3630	3630	100 grams or more.
3631	3631	(4) Except as provided further, violation of subsection (a) with
3632	3632	respect to material containing any quantity of a controlled substance
3633	3633	designated in K.S.A. 65-4105, 65-4107, 65-4109 or 65-4111, and
3634	3634	amendments thereto, or an analog thereof, distributed by dosage unit, is a:
3635	3635	(A) Drug severity level 4 felony if the number of dosage units was
3636	3636	fewer than 10;
3637	3637	(B) drug severity level 3 felony if the number of dosage units was at
3638	3638	least 10 but fewer than 100;
3639	3639	(C) drug severity level 2 felony if the number of dosage units was at
3640	3640	least 100 but fewer than 1,000; and
3641	3641	(D) drug severity level 1 felony if the number of dosage units was
3642	3642	1,000 or more.
3643	3643	(5) Violation of subsection (a) with respect to material containing any
3644	3644	quantity of a fentanyl-related controlled substance, distributed by dosage
3645	3645	unit, is a:
3646	3646	(A) Drug severity level 4 felony if the number of dosage units was
3647	3647	fewer than 10;
3648	3648	(B) drug severity level 3 felony if the number of dosage units was at
3649	3649	1
3650	3650	2
3651	3651	3
3652	3652	4
3653	3653	5
3654	3654	6
3655	3655	7
3656	3656	8
3657	3657	9
3658	3658	10
3659	3659	11
3660	3660	12
3661	3661	13
3662	3662	14
3663	3663	15
3664	3664	16
3665	3665	17
3666	3666	18
3667	3667	19
3668	3668	20
3669	3669	21
3670	3670	22
3671	3671	23
3672	3672	24
3673	3673	25
3674	3674	26
3675	3675	27
3676	3676	28
3677	3677	29
3678	3678	30
3679	3679	31
3680	3680	32
3681	3681	33
3682	3682	34
3683	3683	35
3684	3684	36
3685	3685	37
3686	3686	38
3687	3687	39
3688	3688	40
3689	3689	41
3690	3690	42
3691	3691	43 SB 294 44
3692	3692	least 10 but fewer than 50;
3693	3693	(C) drug severity level 2 felony if the number of dosage units was at
3694	3694	least 50 but fewer than 250; and
3695	3695	(D) drug severity level 1 felony if the number of dosage units was
3696	3696	250 or more.
3697	3697	(6) For any violation of subsection (a), the severity level of the
3698	3698	offense shall be increased one level if the controlled substance or
3699	3699	controlled substance analog was distributed or possessed with the intent to
3700	3700	distribute on or within 1,000 feet of any school property.
3701	3701	(7) Violation of subsection (b) is a:
3702	3702	(A) Class A person misdemeanor, except as provided in subsection
3703	3703	(d)(7)(B); and
3704	3704	(B) nondrug severity level 7, person felony if the substance was
3705	3705	distributed to or possessed with the intent to distribute to a minor.
3706	3706	(8) Violation of subsection (c) is a:
3707	3707	(A) Drug severity level 3 felony if the number of plants cultivated
3708	3708	was more than 4 but fewer than 50;
3709	3709	(B) drug severity level 2 felony if the number of plants cultivated was
3710	3710	at least 50 but fewer than 100; and
3711	3711	(C) drug severity level 1 felony if the number of plants cultivated was
3712	3712	100 or more.
3713	3713	(e) In any prosecution under this section, there shall be an inference
3714	3714	of an intent to distribute if such an inference is supported by the facts and
3715	3715	such person possesses the following quantities of controlled substances or
3716	3716	analogs thereof:
3717	3717	(1) 450 grams or more of marijuana;
3718	3718	(2) 3.5 grams or more of a fentanyl-related controlled substance,
3719	3719	heroin or methamphetamine;
3720	3720	(3) 50 dosage units or more containing any quantity of a fentanyl-
3721	3721	related controlled substance;
3722	3722	(4) 100 dosage units or more containing any other controlled
3723	3723	substance; or
3724	3724	(5) 100 grams or more of any other controlled substance.
3725	3725	(f) It shall not be a defense to charges arising under this section that
3726	3726	the defendant:
3727	3727	(1) Was acting in an agency relationship on behalf of any other party
3728	3728	in a transaction involving a controlled substance or controlled substance
3729	3729	analog;
3730	3730	(2) did not know the quantity of the controlled substance or
3731	3731	controlled substance analog; or
3732	3732	(3) did not know the specific controlled substance or controlled
3733	3733	substance analog contained in the material that was distributed or
3734	3734	possessed with the intent to distribute.
3735	3735	1
3736	3736	2
3737	3737	3
3738	3738	4
3739	3739	5
3740	3740	6
3741	3741	7
3742	3742	8
3743	3743	9
3744	3744	10
3745	3745	11
3746	3746	12
3747	3747	13
3748	3748	14
3749	3749	15
3750	3750	16
3751	3751	17
3752	3752	18
3753	3753	19
3754	3754	20
3755	3755	21
3756	3756	22
3757	3757	23
3758	3758	24
3759	3759	25
3760	3760	26
3761	3761	27
3762	3762	28
3763	3763	29
3764	3764	30
3765	3765	31
3766	3766	32
3767	3767	33
3768	3768	34
3769	3769	35
3770	3770	36
3771	3771	37
3772	3772	38
3773	3773	39
3774	3774	40
3775	3775	41
3776	3776	42
3777	3777	43 SB 294 45
3778	3778	(g) The provisions of (a)(4) shall not apply to a licensee, as such term
3779	3779	is defined in section 2, and amendments thereto, or any employee or agent
3780	3780	thereof that is growing, testing, processing, distributing or selling medical
3781	3781	cannabis or medical cannabis products, as such terms are defined in
3782	3782	section 2, and amendments thereto, in accordance with the Kansas
3783	3783	medical cannabis act, section 1 et seq., and amendments thereto.
3784	3784	(h) As used in this section:
3785	3785	(1) "Material" means the total amount of any substance, including a
3786	3786	compound or a mixture, which that contains any quantity of a controlled
3787	3787	substance or controlled substance analog.
3788	3788	(2) "Dosage unit" means a controlled substance or controlled
3789	3789	substance analog distributed or possessed with the intent to distribute as a
3790	3790	discrete unit, including but not limited to, one pill, one capsule or one
3791	3791	microdot, and not distributed by weight.
3792	3792	(A) For steroids, or controlled substances in liquid solution legally
3793	3793	manufactured for prescription use, or an analog thereof, "dosage unit"
3794	3794	means the smallest medically approved dosage unit, as determined by the
3795	3795	label, materials provided by the manufacturer, a prescribing authority,
3796	3796	licensed health care professional or other qualified health authority.
3797	3797	(B) For illegally manufactured controlled substances in liquid
3798	3798	solution, or controlled substances in liquid products not intended for
3799	3799	ingestion by human beings, or an analog thereof, "dosage unit" means 10
3800	3800	milligrams, including the liquid carrier medium, except as provided in
3801	3801	subsection (g)(2)(C) subparagraph (C).
3802	3802	(C) For lysergic acid diethylamide (LSD) in liquid form, or an analog
3803	3803	thereof, a dosage unit is defined as 0.4 milligrams, including the liquid
3804	3804	medium.
3805	3805	Sec. 50. K.S.A. 21-5706 is hereby amended to read as follows: 21-
3806	3806	5706. (a) It shall be unlawful for any person to possess any opiates, opium
3807	3807	or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)
3808	3808	(3) or (f)(1), and amendments thereto, or a controlled substance analog
3809	3809	thereof.
3810	3810	(b) It shall be unlawful for any person to possess any of the following
3811	3811	controlled substances or controlled substance analogs thereof:
3812	3812	(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-
3813	3813	4109(b) or (c) or 65-4111(b), and amendments thereto;
3814	3814	(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)
3815	3815	(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
3816	3816	(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
3817	3817	4107(g) or 65-4109(g), and amendments thereto;
3818	3818	(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c),
3819	3819	(d), (e), (f) or (g), and amendments thereto;
3820	3820	(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and
3821	3821	1
3822	3822	2
3823	3823	3
3824	3824	4
3825	3825	5
3826	3826	6
3827	3827	7
3828	3828	8
3829	3829	9
3830	3830	10
3831	3831	11
3832	3832	12
3833	3833	13
3834	3834	14
3835	3835	15
3836	3836	16
3837	3837	17
3838	3838	18
3839	3839	19
3840	3840	20
3841	3841	21
3842	3842	22
3843	3843	23
3844	3844	24
3845	3845	25
3846	3846	26
3847	3847	27
3848	3848	28
3849	3849	29
3850	3850	30
3851	3851	31
3852	3852	32
3853	3853	33
3854	3854	34
3855	3855	35
3856	3856	36
3857	3857	37
3858	3858	38
3859	3859	39
3860	3860	40
3861	3861	41
3862	3862	42
3863	3863	43 SB 294 46
3864	3864	amendments thereto;
3865	3865	(6) any substance designated in K.S.A. 65-4113, and amendments
3866	3866	thereto; or
3867	3867	(7) any substance designated in K.S.A. 65-4105(h), and amendments
3868	3868	thereto.
3869	3869	(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
3870	3870	(2) Except as provided in subsection (c)(3):
3871	3871	(A) Violation of subsection (b) is a class A nonperson misdemeanor,
3872	3872	except as provided in subparagraph (B); and
3873	3873	(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug
3874	3874	severity level 5 felony if that person has a prior conviction under such
3875	3875	subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially
3876	3876	similar offense from another jurisdiction, or under any city ordinance or
3877	3877	county resolution for a substantially similar offense if the substance
3878	3878	involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana
3879	3879	as designated in K.S.A. 65-4105(d), and amendments thereto, or any
3880	3880	substance designated in K.S.A. 65-4105(h), and amendments thereto, or an
3881	3881	analog thereof.
3882	3882	(3) If the substance involved is marijuana, as designated in K.S.A.
3883	3883	65-4105(d), and amendments thereto, or tetrahydrocannabinols, as
3884	3884	designated in K.S.A. 65-4105(h), and amendments thereto, violation of
3885	3885	subsection (b) is a:
3886	3886	(A) Class B nonperson misdemeanor, except as provided in
3887	3887	subparagraphs (B) and (C);
3888	3888	(B) class A nonperson misdemeanor if that person has a prior
3889	3889	conviction under such subsection, under K.S.A. 65-4162, prior to its
3890	3890	repeal, under a substantially similar offense from another jurisdiction, or
3891	3891	under any city ordinance or county resolution for a substantially similar
3892	3892	offense; and
3893	3893	(C) drug severity level 5 felony if that person has two or more prior
3894	3894	convictions under such subsection, under K.S.A. 65-4162, prior to its
3895	3895	repeal, under a substantially similar offense from another jurisdiction, or
3896	3896	under any city ordinance or county resolution for a substantially similar
3897	3897	offense.
3898	3898	(d) It shall be an affirmative defense to prosecution under this section
3899	3899	arising out of a person's possession of any cannabidiol treatment
3900	3900	preparation if the person:
3901	3901	(1) Has a debilitating medical condition, as defined in K.S.A. 2024
3902	3902	Supp. 65-6235, and amendments thereto, or is the parent or guardian of a
3903	3903	minor child who has such debilitating medical condition;
3904	3904	(2) is possessing a cannabidiol treatment preparation, as defined in
3905	3905	K.S.A. 2024 Supp. 65-6235, and amendments thereto, that is being used to
3906	3906	treat such debilitating medical condition; and
3907	3907	1
3908	3908	2
3909	3909	3
3910	3910	4
3911	3911	5
3912	3912	6
3913	3913	7
3914	3914	8
3915	3915	9
3916	3916	10
3917	3917	11
3918	3918	12
3919	3919	13
3920	3920	14
3921	3921	15
3922	3922	16
3923	3923	17
3924	3924	18
3925	3925	19
3926	3926	20
3927	3927	21
3928	3928	22
3929	3929	23
3930	3930	24
3931	3931	25
3932	3932	26
3933	3933	27
3934	3934	28
3935	3935	29
3936	3936	30
3937	3937	31
3938	3938	32
3939	3939	33
3940	3940	34
3941	3941	35
3942	3942	36
3943	3943	37
3944	3944	38
3945	3945	39
3946	3946	40
3947	3947	41
3948	3948	42
3949	3949	43 SB 294 47
3950	3950	(3) has possession of a letter, at all times while the person has
3951	3951	possession of the cannabidiol treatment preparation, that:
3952	3952	(A) Shall be shown to a law enforcement officer on such officer's
3953	3953	request;
3954	3954	(B) is dated within the preceding 15 months and signed by the
3955	3955	physician licensed to practice medicine and surgery in Kansas who
3956	3956	diagnosed the debilitating medical condition;
3957	3957	(C) is on such physician's letterhead; and
3958	3958	(D) identifies the person or the person's minor child as such
3959	3959	physician's patient and identifies the patient's debilitating medical
3960	3960	conditionIf the substance involved is medical cannabis or a medical
3961	3961	cannabis product, as such terms are defined in section 2, and amendments
3962	3962	thereto, the provisions of subsection (b) shall not apply to any person who
3963	3963	has been issued a valid identification card pursuant to section 9, and
3964	3964	amendments thereto, and whose possession is authorized by the Kansas
3965	3965	medical cannabis act, section 1 et seq., and amendments thereto.
3966	3966	(e) It shall not be a defense to charges arising under this section that
3967	3967	the defendant was acting in an agency relationship on behalf of any other
3968	3968	party in a transaction involving a controlled substance or controlled
3969	3969	substance analog.
3970	3970	Sec. 51. K.S.A. 21-5707 is hereby amended to read as follows: 21-
3971	3971	5707. (a) It shall be unlawful for any person to knowingly or intentionally
3972	3972	use any communication facility:
3973	3973	(1) In committing, causing, or facilitating the commission of any
3974	3974	felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments
3975	3975	thereto; or
3976	3976	(2) in any attempt to commit, any conspiracy to commit, or any
3977	3977	criminal solicitation of any felony under K.S.A. 21-5703, 21-5705 or 21-
3978	3978	5706, and amendments thereto. Each separate use of a communication
3979	3979	facility may be charged as a separate offense under this subsection.
3980	3980	(b) Violation of subsection (a) is a nondrug severity level 8,
3981	3981	nonperson felony.
3982	3982	(c) The provisions of this section shall not apply to any person using
3983	3983	communication facilities for activities authorized by the Kansas medical
3984	3984	cannabis act, section 1 et seq., and amendments thereto.
3985	3985	(d) As used in this section, "communication facility" means any and
3986	3986	all public and private instrumentalities used or useful in the transmission
3987	3987	of writing, signs, signals, pictures or sounds of all kinds and includes
3988	3988	telephone, wire, radio, computer, computer networks, beepers, pagers and
3989	3989	all other means of communication.
3990	3990	Sec. 52. K.S.A. 21-5709 is hereby amended to read as follows: 21-
3991	3991	5709. (a) It shall be unlawful for any person to possess ephedrine,
3992	3992	pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
3993	3993	1
3994	3994	2
3995	3995	3
3996	3996	4
3997	3997	5
3998	3998	6
3999	3999	7
4000	4000	8
4001	4001	9
4002	4002	10
4003	4003	11
4004	4004	12
4005	4005	13
4006	4006	14
4007	4007	15
4008	4008	16
4009	4009	17
4010	4010	18
4011	4011	19
4012	4012	20
4013	4013	21
4014	4014	22
4015	4015	23
4016	4016	24
4017	4017	25
4018	4018	26
4019	4019	27
4020	4020	28
4021	4021	29
4022	4022	30
4023	4023	31
4024	4024	32
4025	4025	33
4026	4026	34
4027	4027	35
4028	4028	36
4029	4029	37
4030	4030	38
4031	4031	39
4032	4032	40
4033	4033	41
4034	4034	42
4035	4035	43 SB 294 48
4036	4036	anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
4037	4037	their salts, isomers or salts of isomers with an intent to use the product to
4038	4038	manufacture a controlled substance.
4039	4039	(b) It shall be unlawful for any person to use or possess with intent to
4040	4040	use any drug paraphernalia to:
4041	4041	(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
4042	4042	distribute a controlled substance; or
4043	4043	(2) store, contain, conceal, inject, ingest, inhale or otherwise
4044	4044	introduce a controlled substance into the human body.
4045	4045	(c) It shall be unlawful for any person to use or possess with intent to
4046	4046	use anhydrous ammonia or pressurized ammonia in a container not
4047	4047	approved for that chemical by the Kansas department of agriculture.
4048	4048	(d) It shall be unlawful for any person to purchase, receive or
4049	4049	otherwise acquire at retail any compound, mixture or preparation
4050	4050	containing more than 3.6 grams of pseudoephedrine base or ephedrine
4051	4051	base in any single transaction or any compound, mixture or preparation
4052	4052	containing more than nine grams of pseudoephedrine base or ephedrine
4053	4053	base within any 30-day period.
4054	4054	(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
4055	4055	(2) violation of subsection (b)(1) is a:
4056	4056	(A) Drug severity level 5 felony, except as provided in subsection (e)
4057	4057	(2)(B); and
4058	4058	(B) class B nonperson misdemeanor if the drug paraphernalia was
4059	4059	used to cultivate fewer than five marijuana plants;
4060	4060	(3) violation of subsection (b)(2) is a class B nonperson
4061	4061	misdemeanor;
4062	4062	(4) violation of subsection (c) is a drug severity level 5 felony; and
4063	4063	(5) violation of subsection (d) is a class A nonperson misdemeanor.
4064	4064	(f) For persons arrested and charged under subsection (a) or (c), bail
4065	4065	shall be at least $50,000 cash or surety, and such person shall not be
4066	4066	released upon the person's own recognizance pursuant to K.S.A. 22-2802,
4067	4067	and amendments thereto, unless the court determines, on the record, that
4068	4068	the defendant is not likely to reoffend, the court imposes pretrial
4069	4069	supervision or the defendant agrees to participate in a licensed or certified
4070	4070	drug treatment program.
4071	4071	(g) The provisions of subsection (b) shall not apply to any person
4072	4072	who has been issued a valid identification card pursuant to section 9, and
4073	4073	amendments thereto, and whose possession of such equipment or material
4074	4074	is used solely to produce or for the administration of medical cannabis or
4075	4075	medical cannabis products, as such terms are defined in section 2, and
4076	4076	amendments thereto, in a manner authorized by the Kansas medical
4077	4077	cannabis act, section 1 et seq., and amendments thereto.
4078	4078	Sec. 53. K.S.A. 21-5710 is hereby amended to read as follows: 21-
4079	4079	1
4080	4080	2
4081	4081	3
4082	4082	4
4083	4083	5
4084	4084	6
4085	4085	7
4086	4086	8
4087	4087	9
4088	4088	10
4089	4089	11
4090	4090	12
4091	4091	13
4092	4092	14
4093	4093	15
4094	4094	16
4095	4095	17
4096	4096	18
4097	4097	19
4098	4098	20
4099	4099	21
4100	4100	22
4101	4101	23
4102	4102	24
4103	4103	25
4104	4104	26
4105	4105	27
4106	4106	28
4107	4107	29
4108	4108	30
4109	4109	31
4110	4110	32
4111	4111	33
4112	4112	34
4113	4113	35
4114	4114	36
4115	4115	37
4116	4116	38
4117	4117	39
4118	4118	40
4119	4119	41
4120	4120	42
4121	4121	43 SB 294 49
4122	4122	5710. (a) It shall be unlawful for any person to advertise, market, label,
4123	4123	distribute or possess with the intent to distribute:
4124	4124	(1) Any product containing ephedrine, pseudoephedrine, red
4125	4125	phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia,
4126	4126	pressurized ammonia or phenylpropanolamine or their salts, isomers or
4127	4127	salts of isomers if the person knows or reasonably should know that the
4128	4128	purchaser will use the product to manufacture a controlled substance or
4129	4129	controlled substance analog; or
4130	4130	(2) any product containing ephedrine, pseudoephedrine or
4131	4131	phenylpropanolamine, or their salts, isomers or salts of isomers for
4132	4132	indication of stimulation, mental alertness, weight loss, appetite control,
4133	4133	energy or other indications not approved pursuant to the pertinent federal
4134	4134	over-the-counter drug final monograph or tentative final monograph or
4135	4135	approved new drug application.
4136	4136	(b) It shall be unlawful for any person to distribute, possess with the
4137	4137	intent to distribute or manufacture with intent to distribute any drug
4138	4138	paraphernalia, knowing or under circumstances where one reasonably
4139	4139	should know that it will be used to manufacture or distribute a controlled
4140	4140	substance or controlled substance analog in violation of K.S.A. 21-5701
4141	4141	through 21-5717, and amendments thereto.
4142	4142	(c) It shall be unlawful for any person to distribute, possess with
4143	4143	intent to distribute or manufacture with intent to distribute any drug
4144	4144	paraphernalia, knowing or under circumstances where one reasonably
4145	4145	should know, that it will be used as such in violation of K.S.A. 21-5701
4146	4146	through 21-5717, and amendments thereto, except subsection (b) of K.S.A.
4147	4147	21-5706(b), and amendments thereto.
4148	4148	(d) It shall be unlawful for any person to distribute, possess with
4149	4149	intent to distribute or manufacture with intent to distribute any drug
4150	4150	paraphernalia, knowing, or under circumstances where one reasonably
4151	4151	should know, that it will be used as such in violation of subsection (b) of
4152	4152	K.S.A. 21-5706(b), and amendments thereto.
4153	4153	(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
4154	4154	(2) violation of subsection (b) is a:
4155	4155	(A) Drug severity level 5 felony, except as provided in subsection (e)
4156	4156	(2)(B) subparagraph (B); and
4157	4157	(B) drug severity level 4 felony if the trier of fact makes a finding that
4158	4158	the offender distributed or caused drug paraphernalia to be distributed to a
4159	4159	minor or on or within 1,000 feet of any school property;
4160	4160	(3) violation of subsection (c) is a:
4161	4161	(A) Nondrug severity level 9, nonperson felony, except as provided in
4162	4162	subsection (e)(3)(B) subparagraph (B); and
4163	4163	(B) drug severity level 5 felony if the trier of fact makes a finding that
4164	4164	the offender distributed or caused drug paraphernalia to be distributed to a
4165	4165	1
4166	4166	2
4167	4167	3
4168	4168	4
4169	4169	5
4170	4170	6
4171	4171	7
4172	4172	8
4173	4173	9
4174	4174	10
4175	4175	11
4176	4176	12
4177	4177	13
4178	4178	14
4179	4179	15
4180	4180	16
4181	4181	17
4182	4182	18
4183	4183	19
4184	4184	20
4185	4185	21
4186	4186	22
4187	4187	23
4188	4188	24
4189	4189	25
4190	4190	26
4191	4191	27
4192	4192	28
4193	4193	29
4194	4194	30
4195	4195	31
4196	4196	32
4197	4197	33
4198	4198	34
4199	4199	35
4200	4200	36
4201	4201	37
4202	4202	38
4203	4203	39
4204	4204	40
4205	4205	41
4206	4206	42
4207	4207	43 SB 294 50
4208	4208	minor or on or within 1,000 feet of any school property; and
4209	4209	(4) violation of subsection (d) is a:
4210	4210	(A) Class A nonperson misdemeanor, except as provided in
4211	4211	subsection (e)(4)(B) subparagraph (B); and
4212	4212	(B) nondrug severity level 9, nonperson felony if the trier of fact
4213	4213	makes a finding that the offender distributed or caused drug paraphernalia
4214	4214	to be distributed to a minor or on or within 1,000 feet of any school
4215	4215	property.
4216	4216	(f) For persons arrested and charged under subsection (a), bail shall
4217	4217	be at least $50,000 cash or surety, and such person shall not be released
4218	4218	upon the person's own recognizance pursuant to K.S.A. 22-2802, and
4219	4219	amendments thereto, unless the court determines, on the record, that the
4220	4220	defendant is not likely to re-offend, the court imposes pretrial supervision
4221	4221	or the defendant agrees to participate in a licensed or certified drug
4222	4222	treatment program.
4223	4223	(g) The provisions of subsection (c) shall not apply to any licensee, as
4224	4224	such term is defined in section 2, and amendments thereto, whose
4225	4225	distribution or manufacture is used solely to distribute or produce medical
4226	4226	cannabis or medical cannabis products, as such terms are defined in
4227	4227	section 2, and amendments thereto, in a manner authorized by the Kansas
4228	4228	medical cannabis act, section 1 et seq., and amendments thereto.
4229	4229	(h) As used in this section, "or under circumstances where one
4230	4230	reasonably should know" that an item will be used in violation of this
4231	4231	section, shall include, but not be limited to, the following:
4232	4232	(1) Actual knowledge from prior experience or statements by
4233	4233	customers;
4234	4234	(2) inappropriate or impractical design for alleged legitimate use;
4235	4235	(3) receipt of packaging material, advertising information or other
4236	4236	manufacturer supplied information regarding the item's use as drug
4237	4237	paraphernalia; or
4238	4238	(4) receipt of a written warning from a law enforcement or
4239	4239	prosecutorial agency having jurisdiction that the item has been previously
4240	4240	determined to have been designed specifically for use as drug
4241	4241	paraphernalia.
4242	4242	Sec. 54. K.S.A. 21-6109 is hereby amended to read as follows: 21-
4243	4243	6109. As used in K.S.A. 21-6109 through 21-6116, and amendments
4244	4244	thereto:
4245	4245	(a) "Access point" means the area within a ten foot radius outside of
4246	4246	any doorway, open window or air intake leading into a building or facility
4247	4247	that is not exempted pursuant to K.S.A. 21-6110(d), and amendments
4248	4248	thereto.
4249	4249	(b) "Bar" means any indoor area that is operated and licensed for the
4250	4250	sale and service of alcoholic beverages, including alcoholic liquor as
4251	4251	1
4252	4252	2
4253	4253	3
4254	4254	4
4255	4255	5
4256	4256	6
4257	4257	7
4258	4258	8
4259	4259	9
4260	4260	10
4261	4261	11
4262	4262	12
4263	4263	13
4264	4264	14
4265	4265	15
4266	4266	16
4267	4267	17
4268	4268	18
4269	4269	19
4270	4270	20
4271	4271	21
4272	4272	22
4273	4273	23
4274	4274	24
4275	4275	25
4276	4276	26
4277	4277	27
4278	4278	28
4279	4279	29
4280	4280	30
4281	4281	31
4282	4282	32
4283	4283	33
4284	4284	34
4285	4285	35
4286	4286	36
4287	4287	37
4288	4288	38
4289	4289	39
4290	4290	40
4291	4291	41
4292	4292	42
4293	4293	43 SB 294 51
4294	4294	defined in K.S.A. 41-102, and amendments thereto, or cereal malt
4295	4295	beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-
4296	4296	premises consumption.
4297	4297	(c) "Cannabis" means the same as defined in section 2, and
4298	4298	amendments thereto.
4299	4299	(d) "Electronic cigarette" means the same as defined in K.S.A. 79-
4300	4300	3301, and amendments thereto.
4301	4301	(e) "Employee" means any person who is employed by an employer
4302	4302	in consideration for direct or indirect monetary wages or profit and any
4303	4303	person who volunteers their services for a nonprofit entity.
4304	4304	(d)(f) "Employer" means any person, partnership, corporation,
4305	4305	association or organization, including municipal or nonprofit entities, that
4306	4306	employs one or more individual persons.
4307	4307	(e)(g) "Enclosed area" means all space between a floor and ceiling
4308	4308	that is enclosed on all sides by solid walls, windows or doorways that
4309	4309	extend from the floor to the ceiling, including all space therein screened by
4310	4310	partitions that do not extend to the ceiling or are not solid or similar
4311	4311	structures. For purposes of this section, the following shall not be
4312	4312	considered an "enclosed area": (1) Rooms or areas, enclosed by walls,
4313	4313	windows or doorways, having neither a ceiling nor a roof and that are
4314	4314	completely open to the elements and weather at all times; and (2) rooms or
4315	4315	areas, enclosed by walls, fences, windows or doorways and a roof or
4316	4316	ceiling, having openings that are permanently open to the elements and
4317	4317	weather and that comprise an area that is at least 30% of the total
4318	4318	perimeter wall area of such room or area.
4319	4319	(f)(h) "Food service establishment" means any place in which food is
4320	4320	served or is prepared for sale or service on the premises. Such term shall
4321	4321	include, but not be limited to, fixed or mobile restaurants, coffee shops,
4322	4322	cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich
4323	4323	shops, soda fountains, taverns, private clubs, roadside kitchens,
4324	4324	commissaries and any other private, public or nonprofit organization or
4325	4325	institution routinely serving food and any other eating or drinking
4326	4326	establishment or operation where food is served or provided for the public
4327	4327	with or without charge.
4328	4328	(g)(i) "Gaming floor" means the area of a lottery gaming facility or
4329	4329	racetrack gaming facility, as those terms are defined in K.S.A. 74-8702,
4330	4330	and amendments thereto, where patrons engage in Class III gaming. The
4331	4331	gaming floor shall not include any areas used for accounting, maintenance,
4332	4332	surveillance, security, administrative offices, storage, cash or cash
4333	4333	counting, records, food service, lodging or entertainment, except that the
4334	4334	gaming floor may include a bar where alcoholic beverages are served so
4335	4335	long as the bar is located entirely within the area where Class III gaming is
4336	4336	conducted.
4337	4337	1
4338	4338	2
4339	4339	3
4340	4340	4
4341	4341	5
4342	4342	6
4343	4343	7
4344	4344	8
4345	4345	9
4346	4346	10
4347	4347	11
4348	4348	12
4349	4349	13
4350	4350	14
4351	4351	15
4352	4352	16
4353	4353	17
4354	4354	18
4355	4355	19
4356	4356	20
4357	4357	21
4358	4358	22
4359	4359	23
4360	4360	24
4361	4361	25
4362	4362	26
4363	4363	27
4364	4364	28
4365	4365	29
4366	4366	30
4367	4367	31
4368	4368	32
4369	4369	33
4370	4370	34
4371	4371	35
4372	4372	36
4373	4373	37
4374	4374	38
4375	4375	39
4376	4376	40
4377	4377	41
4378	4378	42
4379	4379	43 SB 294 52
4380	4380	(h)(j) "Medical care facility" means a physician's office, general
4381	4381	hospital, special hospital, ambulatory surgery center or recuperation center,
4382	4382	as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric
4383	4383	hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto.
4384	4384	(i)(k) "Outdoor recreational facility" means a hunting, fishing,
4385	4385	shooting or golf club, business or enterprise operated primarily for the
4386	4386	benefit of its owners, members and their guests and not normally open to
4387	4387	the general public.
4388	4388	(j)(l) "Place of employment" means any enclosed area under the
4389	4389	control of a public or private employer, including, but not limited to, work
4390	4390	areas, auditoriums, elevators, private offices, employee lounges and
4391	4391	restrooms, conference and meeting rooms, classrooms, employee
4392	4392	cafeterias, stairwells and hallways, that is used by employees during the
4393	4393	course of employment. For purposes of this section, a private residence
4394	4394	shall not be considered a "place of employment" unless such residence is
4395	4395	used as a day care home, as defined in K.S.A. 65-530, and amendments
4396	4396	thereto.
4397	4397	(k)(m) "Private club" means an outdoor recreational facility operated
4398	4398	primarily for the use of its owners, members and their guests that in its
4399	4399	ordinary course of business is not open to the general public for which use
4400	4400	of its facilities has substantial dues or membership fee requirements for its
4401	4401	members.
4402	4402	(l)(n) "Public building" means any building owned or operated by: (1)
4403	4403	The state, including any branch, department, agency, bureau, commission,
4404	4404	authority or other instrumentality thereof; (2) any county, city, township,
4405	4405	other political subdivision, including any commission, authority, agency or
4406	4406	instrumentality thereof; or (3) any other separate corporate instrumentality
4407	4407	or unit of the state or any municipality.
4408	4408	(m)(o) "Public meeting" means any meeting open to the public
4409	4409	pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other
4410	4410	law of this state.
4411	4411	(n)(p) "Public place" means any enclosed areas open to the public or
4412	4412	used by the general public including, but not limited to: Banks, bars, food
4413	4413	service establishments, retail service establishments, retail stores, public
4414	4414	means of mass transportation, passenger elevators, health care institutions
4415	4415	or any other place where health care services are provided to the public,
4416	4416	medical care facilities, educational facilities, libraries, courtrooms, public
4417	4417	buildings, restrooms, grocery stores, school buses, museums, theaters,
4418	4418	auditoriums, arenas and recreational facilities. For purposes of this section,
4419	4419	a private residence shall not be considered a "public place" unless such
4420	4420	residence is used as a day care home, as defined in K.S.A. 65-530, and
4421	4421	amendments thereto.
4422	4422	(o)(q) "Smoking" means possession of a lighted cigarette, cigar, pipe
4423	4423	1
4424	4424	2
4425	4425	3
4426	4426	4
4427	4427	5
4428	4428	6
4429	4429	7
4430	4430	8
4431	4431	9
4432	4432	10
4433	4433	11
4434	4434	12
4435	4435	13
4436	4436	14
4437	4437	15
4438	4438	16
4439	4439	17
4440	4440	18
4441	4441	19
4442	4442	20
4443	4443	21
4444	4444	22
4445	4445	23
4446	4446	24
4447	4447	25
4448	4448	26
4449	4449	27
4450	4450	28
4451	4451	29
4452	4452	30
4453	4453	31
4454	4454	32
4455	4455	33
4456	4456	34
4457	4457	35
4458	4458	36
4459	4459	37
4460	4460	38
4461	4461	39
4462	4462	40
4463	4463	41
4464	4464	42
4465	4465	43 SB 294 53
4466	4466	or the use of an electronic cigarette, or burning tobacco or cannabis in any
4467	4467	other form or device designed for the use of tobacco or cannabis,
4468	4468	including for the consumption of a medical cannabis product, as defined
4469	4469	in section 2, and amendments thereto.
4470	4470	(p)(r) "Tobacco shop" means any indoor area operated primarily for
4471	4471	the retail sale of tobacco, tobacco products or smoking devices or
4472	4472	accessories, and that derives not less than 65% of its gross receipts from
4473	4473	the sale of tobacco.
4474	4474	(q)(s) "Substantial dues or membership fee requirements" means
4475	4475	initiation costs, dues or fees proportional to the cost of membership in
4476	4476	similarly-situated outdoor recreational facilities that are not considered
4477	4477	nominal and implemented to otherwise avoid or evade restrictions of a
4478	4478	statewide ban on smoking.
4479	4479	Sec. 55. K.S.A. 2024 Supp. 21-6607 is hereby amended to read as
4480	4480	follows: 21-6607. (a) Except as required by subsection (c), nothing in this
4481	4481	section shall be construed to limit the authority of the court to impose or
4482	4482	modify any general or specific conditions of probation, suspension of
4483	4483	sentence or assignment to a community correctional services program. The
4484	4484	court services officer or community correctional services officer may
4485	4485	recommend, and the court may order, the imposition of any conditions of
4486	4486	probation, suspension of sentence or assignment to a community
4487	4487	correctional services program. For crimes committed on or after July 1,
4488	4488	1993, in presumptive nonprison cases, the court services officer or
4489	4489	community correctional services officer may recommend, and the court
4490	4490	may order, the imposition of any conditions of probation or assignment to
4491	4491	a community correctional services program. The court may at any time
4492	4492	order the modification of such conditions, after notice to the court services
4493	4493	officer or community correctional services officer and an opportunity for
4494	4494	such officer to be heard thereon. The court shall cause a copy of any such
4495	4495	order to be delivered to the court services officer and the probationer or to
4496	4496	the community correctional services officer and the community corrections
4497	4497	participant, as the case may be. The provisions of K.S.A. 75-5291, and
4498	4498	amendments thereto, shall be applicable to any assignment to a community
4499	4499	correctional services program pursuant to this section.
4500	4500	(b) Except as provided in subsection (d), the court may impose any
4501	4501	conditions of probation, suspension of sentence or assignment to a
4502	4502	community correctional services program that the court deems proper,
4503	4503	including, but not limited to, requiring that the defendant:
4504	4504	(1) Obey all laws and ordinances and report any law enforcement
4505	4505	contact to the defendant's supervision officer within 24 hours after such
4506	4506	contact;
4507	4507	(2) not engage in physical violence or threats of violence of any kind
4508	4508	and, if the defendant is being supervised for conviction of a felony, not
4509	4509	1
4510	4510	2
4511	4511	3
4512	4512	4
4513	4513	5
4514	4514	6
4515	4515	7
4516	4516	8
4517	4517	9
4518	4518	10
4519	4519	11
4520	4520	12
4521	4521	13
4522	4522	14
4523	4523	15
4524	4524	16
4525	4525	17
4526	4526	18
4527	4527	19
4528	4528	20
4529	4529	21
4530	4530	22
4531	4531	23
4532	4532	24
4533	4533	25
4534	4534	26
4535	4535	27
4536	4536	28
4537	4537	29
4538	4538	30
4539	4539	31
4540	4540	32
4541	4541	33
4542	4542	34
4543	4543	35
4544	4544	36
4545	4545	37
4546	4546	38
4547	4547	39
4548	4548	40
4549	4549	41
4550	4550	42
4551	4551	43 SB 294 54
4552	4552	purchase or possess a dangerous weapon, including a firearm, while on
4553	4553	supervision;
4554	4554	(3) report to the defendant's supervision officer as directed and be
4555	4555	truthful in all matters;
4556	4556	(4) remain within the state of Kansas or other specified areas as
4557	4557	defined by the defendant's supervision officer;
4558	4558	(5) reside at the defendant's approved residence unless the defendant
4559	4559	receives permission from the defendant's supervision officer to relocate
4560	4560	and notify the defendant's supervision officer within 24 hours after any
4561	4561	emergency changes in residence or contact information;
4562	4562	(6) not possess, use or distribute any controlled substances except
4563	4563	those prescribed by a licensed medical professional;
4564	4564	(7) not possess or consume any form of alcohol or intoxicating
4565	4565	substance or enter any establishment where alcohol is sold or consumed as
4566	4566	the primary business;
4567	4567	(8) submit to any form of alcohol or substance use testing directed by
4568	4568	the defendant's supervision officer and not alter or tamper with the
4569	4569	specimen or test;
4570	4570	(9) participate in assessment, treatment, programming and other
4571	4571	directives of the court or the defendant's supervision officer;
4572	4572	(10) be subject to searches of the defendant's person, effects, vehicle,
4573	4573	residence and property by a court services officer, community correctional
4574	4574	services officer or any other law enforcement officer based on reasonable
4575	4575	suspicion that the defendant violated conditions of probation or engaged in
4576	4576	criminal activity; or
4577	4577	(11) refrain from contacting victims unless authorized by the court to
4578	4578	contact a victim as part of rehabilitative or therapeutic purposes.
4579	4579	(c) In addition to any conditions of probation, suspension of sentence
4580	4580	or assignment to a community correctional services program ordered
4581	4581	pursuant to subsection (b), the court shall order the defendant to:
4582	4582	(1) Make reparation or restitution to the aggrieved party for the
4583	4583	damage or loss caused by the defendant's crime in accordance with K.S.A.
4584	4584	21-6604(b), and amendments thereto;
4585	4585	(2) (A) pay a correctional supervision fee of $60 if the person was
4586	4586	convicted of a misdemeanor or a fee of $120 if the person was convicted
4587	4587	of a felony. In any case the amount of the correctional supervision fee
4588	4588	specified by this paragraph may be reduced or waived by the judge if the
4589	4589	person is unable to pay that amount;
4590	4590	(B) the correctional supervision fee imposed by this paragraph shall
4591	4591	be charged and collected by the district court. The clerk of the district
4592	4592	court shall remit all revenues received under this paragraph from
4593	4593	correctional supervision fees to the state treasurer in accordance with the
4594	4594	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
4595	4595	1
4596	4596	2
4597	4597	3
4598	4598	4
4599	4599	5
4600	4600	6
4601	4601	7
4602	4602	8
4603	4603	9
4604	4604	10
4605	4605	11
4606	4606	12
4607	4607	13
4608	4608	14
4609	4609	15
4610	4610	16
4611	4611	17
4612	4612	18
4613	4613	19
4614	4614	20
4615	4615	21
4616	4616	22
4617	4617	23
4618	4618	24
4619	4619	25
4620	4620	26
4621	4621	27
4622	4622	28
4623	4623	29
4624	4624	30
4625	4625	31
4626	4626	32
4627	4627	33
4628	4628	34
4629	4629	35
4630	4630	36
4631	4631	37
4632	4632	38
4633	4633	39
4634	4634	40
4635	4635	41
4636	4636	42
4637	4637	43 SB 294 55
4638	4638	each such remittance, the state treasurer shall deposit the entire amount in
4639	4639	the state treasury to the credit of the state general fund, a sum equal to
4640	4640	41.67% of such remittance, and to the correctional supervision fund, a sum
4641	4641	equal to 58.33% of such remittance;
4642	4642	(C) this paragraph shall apply to persons placed on felony or
4643	4643	misdemeanor probation or released on misdemeanor parole to reside in
4644	4644	Kansas and supervised by Kansas court services officers under the
4645	4645	interstate compact for offender supervision; and
4646	4646	(D) this paragraph shall not apply to persons placed on probation or
4647	4647	released on parole to reside in Kansas under the uniform act for out-of-
4648	4648	state parolee supervision; and
4649	4649	(3) reimburse the state general fund for all or a part of the
4650	4650	expenditures by the state board of indigents' defense services to provide
4651	4651	counsel and other defense services to the defendant. In determining the
4652	4652	amount and method of payment of such sum, the court shall take account
4653	4653	of the financial resources of the defendant and the nature of the burden that
4654	4654	payment of such sum will impose. A defendant who has been required to
4655	4655	pay such sum and who is not willfully in default in the payment thereof
4656	4656	may at any time petition the court which sentenced the defendant to waive
4657	4657	payment of such sum or of any unpaid portion thereof. If it appears to the
4658	4658	satisfaction of the court that payment of the amount due will impose
4659	4659	manifest hardship on the defendant or the defendant's immediate family,
4660	4660	the court may waive payment of all or part of the amount due or modify
4661	4661	the method of payment. The amount of attorney fees to be included in the
4662	4662	court order for reimbursement shall be the amount claimed by appointed
4663	4663	counsel on the payment voucher for indigents' defense services or the
4664	4664	amount prescribed by the board of indigents' defense services
4665	4665	reimbursement tables as provided in K.S.A. 22-4522, and amendments
4666	4666	thereto, whichever is less.
4667	4667	(d) The office of judicial administration and the department of
4668	4668	corrections shall collaborate to develop documentation related to
4669	4669	conditions of supervision.
4670	4670	(e) For any defendant who has been issued a valid identification card
4671	4671	pursuant to section 9, and amendments thereto, the court shall not order
4672	4672	any condition that prohibits such defendant from purchasing, possessing
4673	4673	or consuming medical cannabis or medical cannabis products, as such
4674	4674	terms are defined in section 2, and amendments thereto, in accordance
4675	4675	with the Kansas medical cannabis act, section 1 et seq., and amendments
4676	4676	thereto.
4677	4677	(f) Any law enforcement officer who conducts a search pursuant to
4678	4678	subsection (b)(10) shall submit a written report to the appropriate court
4679	4679	services officer or community correctional services officer not later than
4680	4680	the close of business the next day after such search is conducted. The
4681	4681	1
4682	4682	2
4683	4683	3
4684	4684	4
4685	4685	5
4686	4686	6
4687	4687	7
4688	4688	8
4689	4689	9
4690	4690	10
4691	4691	11
4692	4692	12
4693	4693	13
4694	4694	14
4695	4695	15
4696	4696	16
4697	4697	17
4698	4698	18
4699	4699	19
4700	4700	20
4701	4701	21
4702	4702	22
4703	4703	23
4704	4704	24
4705	4705	25
4706	4706	26
4707	4707	27
4708	4708	28
4709	4709	29
4710	4710	30
4711	4711	31
4712	4712	32
4713	4713	33
4714	4714	34
4715	4715	35
4716	4716	36
4717	4717	37
4718	4718	38
4719	4719	39
4720	4720	40
4721	4721	41
4722	4722	42
4723	4723	43 SB 294 56
4724	4724	written report shall include the facts leading to such search, the scope of
4725	4725	such search and any findings resulting from such search.
4726	4726	(f)(g) There is hereby established in the state treasury the correctional
4727	4727	supervision fund. All moneys credited to the correctional supervision fund
4728	4728	shall be used for: (1) The implementation of and training for use of a
4729	4729	statewide, mandatory, standardized risk assessment tool or instrument as
4730	4730	specified by the Kansas sentencing commission, pursuant to K.S.A. 75-
4731	4731	5291, and amendments thereto; (2) the implementation of and training for
4732	4732	use of a statewide, mandatory, standardized risk assessment tool or
4733	4733	instrument for juveniles adjudicated to be juvenile offenders; and (3)
4734	4734	evidence-based adult and juvenile offender supervision programs by
4735	4735	judicial branch personnel. If all expenditures for the program have been
4736	4736	paid and moneys remain in the correctional supervision fund for a fiscal
4737	4737	year, remaining moneys may be expended from the correctional
4738	4738	supervision fund to support adult and juvenile offender supervision by
4739	4739	court services officers. All expenditures from the correctional supervision
4740	4740	fund shall be made in accordance with appropriation acts upon warrants of
4741	4741	the director of accounts and reports issued pursuant to vouchers approved
4742	4742	by the chief justice of the Kansas supreme court or by a person or persons
4743	4743	designated by the chief justice.
4744	4744	Sec. 56. K.S.A. 2024 Supp. 22-3717 is hereby amended to read as
4745	4745	follows: 22-3717. (a) Except as otherwise provided by this section; K.S.A.
4746	4746	1993 Supp. 21-4628, prior to its repeal; K.S.A. 21-4624, 21-4635 through
4747	4747	21-4638 and 21-4642, prior to their repeal; K.S.A. 21-6617, 21-6620, 21-
4748	4748	6623, 21-6624, 21-6625 and 21-6626, and amendments thereto; and
4749	4749	K.S.A. 8-1567, and amendments thereto; an inmate, including an inmate
4750	4750	sentenced pursuant to K.S.A. 21-4618, prior to its repeal, or K.S.A. 21-
4751	4751	6707, and amendments thereto, shall be eligible for parole after serving the
4752	4752	entire minimum sentence imposed by the court, less good time credits.
4753	4753	(b) (1) An inmate sentenced to imprisonment for life without the
4754	4754	possibility of parole pursuant to K.S.A. 21-6617, and amendments thereto,
4755	4755	shall not be eligible for parole.
4756	4756	(2) Except as provided by K.S.A. 21-4635 through 21-4638, prior to
4757	4757	their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and
4758	4758	amendments thereto, an inmate sentenced to imprisonment for the crime
4759	4759	of: (A) Capital murder committed on or after July 1, 1994, shall be eligible
4760	4760	for parole after serving 25 years of confinement, without deduction of any
4761	4761	good time credits; (B) murder in the first degree based upon a finding of
4762	4762	premeditated murder committed on or after July 1, 1994, but prior to July
4763	4763	1, 2014, shall be eligible for parole after serving 25 years of confinement,
4764	4764	without deduction of any good time credits; and (C) murder in the first
4765	4765	degree as described in K.S.A. 21-5402(a)(2), and amendments thereto,
4766	4766	committed on or after July 1, 2014, shall be eligible for parole after
4767	4767	1
4768	4768	2
4769	4769	3
4770	4770	4
4771	4771	5
4772	4772	6
4773	4773	7
4774	4774	8
4775	4775	9
4776	4776	10
4777	4777	11
4778	4778	12
4779	4779	13
4780	4780	14
4781	4781	15
4782	4782	16
4783	4783	17
4784	4784	18
4785	4785	19
4786	4786	20
4787	4787	21
4788	4788	22
4789	4789	23
4790	4790	24
4791	4791	25
4792	4792	26
4793	4793	27
4794	4794	28
4795	4795	29
4796	4796	30
4797	4797	31
4798	4798	32
4799	4799	33
4800	4800	34
4801	4801	35
4802	4802	36
4803	4803	37
4804	4804	38
4805	4805	39
4806	4806	40
4807	4807	41
4808	4808	42
4809	4809	43 SB 294 57
4810	4810	serving 25 years of confinement, without deduction of any good time
4811	4811	credits.
4812	4812	(3) Except as provided by subsections (b)(1), (b)(2) and (b)(5),
4813	4813	K.S.A. 1993 Supp. 21-4628, prior to its repeal, K.S.A. 21-4635 through
4814	4814	21-4638, prior to their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and
4815	4815	21-6625, and amendments thereto, an inmate sentenced to imprisonment
4816	4816	for an off-grid offense committed on or after July 1, 1993, but prior to July
4817	4817	1, 1999, shall be eligible for parole after serving 15 years of confinement,
4818	4818	without deduction of any good time credits and an inmate sentenced to
4819	4819	imprisonment for an off-grid offense committed on or after July 1, 1999,
4820	4820	shall be eligible for parole after serving 20 years of confinement without
4821	4821	deduction of any good time credits.
4822	4822	(4) Except as provided by K.S.A. 1993 Supp. 21-4628, prior to its
4823	4823	repeal, an inmate sentenced for a class A felony committed before July 1,
4824	4824	1993, including an inmate sentenced pursuant to K.S.A. 21-4618, prior to
4825	4825	its repeal, or K.S.A. 21-6707, and amendments thereto, shall be eligible for
4826	4826	parole after serving 15 years of confinement, without deduction of any
4827	4827	good time credits.
4828	4828	(5) An inmate sentenced to imprisonment for a violation of K.S.A.
4829	4829	21-3402(a), prior to its repeal, committed on or after July 1, 1996, but
4830	4830	prior to July 1, 1999, shall be eligible for parole after serving 10 years of
4831	4831	confinement without deduction of any good time credits.
4832	4832	(6) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
4833	4833	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto,
4834	4834	committed on or after July 1, 2006, shall be eligible for parole after
4835	4835	serving the mandatory term of imprisonment without deduction of any
4836	4836	good time credits.
4837	4837	(c) (1) Except as provided in subsection (e), if an inmate is sentenced
4838	4838	to imprisonment for more than one crime and the sentences run
4839	4839	consecutively, the inmate shall be eligible for parole after serving the total
4840	4840	of:
4841	4841	(A) The aggregate minimum sentences, as determined pursuant to
4842	4842	K.S.A. 21-4608, prior to its repeal, or K.S.A. 21-6606, and amendments
4843	4843	thereto, less good time credits for those crimes which are not class A
4844	4844	felonies; and
4845	4845	(B) an additional 15 years, without deduction of good time credits,
4846	4846	for each crime which is a class A felony.
4847	4847	(2) If an inmate is sentenced to imprisonment pursuant to K.S.A. 21-
4848	4848	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
4849	4849	crimes committed on or after July 1, 2006, the inmate shall be eligible for
4850	4850	parole after serving the mandatory term of imprisonment.
4851	4851	(d) (1) Persons sentenced for crimes, other than off-grid crimes,
4852	4852	committed on or after July 1, 1993, or persons subject to subparagraph
4853	4853	1
4854	4854	2
4855	4855	3
4856	4856	4
4857	4857	5
4858	4858	6
4859	4859	7
4860	4860	8
4861	4861	9
4862	4862	10
4863	4863	11
4864	4864	12
4865	4865	13
4866	4866	14
4867	4867	15
4868	4868	16
4869	4869	17
4870	4870	18
4871	4871	19
4872	4872	20
4873	4873	21
4874	4874	22
4875	4875	23
4876	4876	24
4877	4877	25
4878	4878	26
4879	4879	27
4880	4880	28
4881	4881	29
4882	4882	30
4883	4883	31
4884	4884	32
4885	4885	33
4886	4886	34
4887	4887	35
4888	4888	36
4889	4889	37
4890	4890	38
4891	4891	39
4892	4892	40
4893	4893	41
4894	4894	42
4895	4895	43 SB 294 58
4896	4896	(G), will not be eligible for parole, but will be released to a mandatory
4897	4897	period of postrelease supervision upon completion of the prison portion of
4898	4898	their sentence as follows:
4899	4899	(A) Except as provided in subparagraphs (D) and (E), persons
4900	4900	sentenced for nondrug severity levels 1 through 4 crimes, drug severity
4901	4901	levels 1 and 2 crimes committed on or after July 1, 1993, but prior to July
4902	4902	1, 2012, and drug severity levels 1, 2 and 3 crimes committed on or after
4903	4903	July 1, 2012, must serve 36 months on postrelease supervision.
4904	4904	(B) Except as provided in subparagraphs (D) and (E), persons
4905	4905	sentenced for nondrug severity levels 5 and 6 crimes, drug severity level 3
4906	4906	crimes committed on or after July 1, 1993, but prior to July 1, 2012, and
4907	4907	drug severity level 4 crimes committed on or after July 1, 2012, must serve
4908	4908	24 months on postrelease supervision.
4909	4909	(C) Except as provided in subparagraphs (D) and (E), persons
4910	4910	sentenced for nondrug severity levels 7 through 10 crimes, drug severity
4911	4911	level 4 crimes committed on or after July 1, 1993, but prior to July 1,
4912	4912	2012, and drug severity level 5 crimes committed on or after July 1, 2012,
4913	4913	must serve 12 months on postrelease supervision.
4914	4914	(D) Persons sentenced to a term of imprisonment that includes a
4915	4915	sentence for a sexually violent crime as defined in K.S.A. 22-3717, and
4916	4916	amendments thereto, committed on or after July 1, 1993, but prior to July
4917	4917	1, 2006, a sexually motivated crime in which the offender has been
4918	4918	ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and
4919	4919	amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its
4920	4920	repeal, or K.S.A. 21-5509, and amendments thereto, or unlawful sexual
4921	4921	relations, K.S.A. 21-3520, prior to its repeal, or K.S.A. 21-5512, and
4922	4922	amendments thereto, shall serve the period of postrelease supervision as
4923	4923	provided in subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C), plus the amount
4924	4924	of good time and program credit earned and retained pursuant to K.S.A.
4925	4925	21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments thereto,
4926	4926	on postrelease supervision.
4927	4927	(i) If the sentencing judge finds substantial and compelling reasons to
4928	4928	impose a departure based upon a finding that the current crime of
4929	4929	conviction was sexually motivated, departure may be imposed to extend
4930	4930	the postrelease supervision to a period of up to 60 months.
4931	4931	(ii) If the sentencing judge departs from the presumptive postrelease
4932	4932	supervision period, the judge shall state on the record at the time of
4933	4933	sentencing the substantial and compelling reasons for the departure.
4934	4934	Departures in this section are subject to appeal pursuant to K.S.A. 21-
4935	4935	4721, prior to its repeal, or K.S.A. 21-6820, and amendments thereto.
4936	4936	(iii) In determining whether substantial and compelling reasons exist,
4937	4937	the court shall consider:
4938	4938	(a) Written briefs or oral arguments submitted by either the defendant
4939	4939	1
4940	4940	2
4941	4941	3
4942	4942	4
4943	4943	5
4944	4944	6
4945	4945	7
4946	4946	8
4947	4947	9
4948	4948	10
4949	4949	11
4950	4950	12
4951	4951	13
4952	4952	14
4953	4953	15
4954	4954	16
4955	4955	17
4956	4956	18
4957	4957	19
4958	4958	20
4959	4959	21
4960	4960	22
4961	4961	23
4962	4962	24
4963	4963	25
4964	4964	26
4965	4965	27
4966	4966	28
4967	4967	29
4968	4968	30
4969	4969	31
4970	4970	32
4971	4971	33
4972	4972	34
4973	4973	35
4974	4974	36
4975	4975	37
4976	4976	38
4977	4977	39
4978	4978	40
4979	4979	41
4980	4980	42
4981	4981	43 SB 294 59
4982	4982	or the state;
4983	4983	(b) any evidence received during the proceeding;
4984	4984	(c) the presentence report, the victim's impact statement and any
4985	4985	psychological evaluation as ordered by the court pursuant to K.S.A. 21-
4986	4986	4714(e), prior to its repeal, or K.S.A. 21-6813(e), and amendments thereto;
4987	4987	and
4988	4988	(d) any other evidence the court finds trustworthy and reliable.
4989	4989	(iv) The sentencing judge may order that a psychological evaluation
4990	4990	be prepared and the recommended programming be completed by the
4991	4991	offender. The department of corrections or the prisoner review board shall
4992	4992	ensure that court ordered sex offender treatment be carried out.
4993	4993	(v) In carrying out the provisions of subsection (d)(1)(D), the court
4994	4994	shall refer to K.S.A. 21-4718, prior to its repeal, or K.S.A. 21-6817, and
4995	4995	amendments thereto.
4996	4996	(vi) Upon petition and payment of any restitution ordered pursuant to
4997	4997	K.S.A. 21-6604, and amendments thereto, the prisoner review board may
4998	4998	provide for early discharge from the postrelease supervision period
4999	4999	imposed pursuant to subsection (d)(1)(D)(i) upon completion of court
5000	5000	ordered programs and completion of the presumptive postrelease
5001	5001	supervision period, as determined by the crime of conviction, pursuant to
5002	5002	subsection (d)(1)(A), (d)(1)(B) or (d)(1)(C). Early discharge from
5003	5003	postrelease supervision is at the discretion of the board.
5004	5004	(vii) Persons convicted of crimes deemed sexually violent or sexually
5005	5005	motivated shall be registered according to the offender registration act,
5006	5006	K.S.A. 22-4901 through 22-4910, and amendments thereto.
5007	5007	(viii) Persons convicted of K.S.A. 21-3510 or 21-3511, prior to their
5008	5008	repeal, or K.S.A. 21-5508, and amendments thereto, shall be required to
5009	5009	participate in a treatment program for sex offenders during the postrelease
5010	5010	supervision period.
5011	5011	(E) The period of postrelease supervision provided in subparagraphs
5012	5012	(A) and (B) may be reduced by up to 12 months and the period of
5013	5013	postrelease supervision provided in subparagraph (C) may be reduced by
5014	5014	up to six months based on the offender's compliance with conditions of
5015	5015	supervision and overall performance while on postrelease supervision. The
5016	5016	reduction in the supervision period shall be on an earned basis pursuant to
5017	5017	rules and regulations adopted by the secretary of corrections.
5018	5018	(F) In cases where sentences for crimes from more than one severity
5019	5019	level have been imposed, the offender shall serve the longest period of
5020	5020	postrelease supervision as provided by this section available for any crime
5021	5021	upon which sentence was imposed irrespective of the severity level of the
5022	5022	crime. Supervision periods will not aggregate.
5023	5023	(G) (i) Except as provided in subsection(v), persons sentenced to
5024	5024	imprisonment for a sexually violent crime committed on or after July 1,
5025	5025	1
5026	5026	2
5027	5027	3
5028	5028	4
5029	5029	5
5030	5030	6
5031	5031	7
5032	5032	8
5033	5033	9
5034	5034	10
5035	5035	11
5036	5036	12
5037	5037	13
5038	5038	14
5039	5039	15
5040	5040	16
5041	5041	17
5042	5042	18
5043	5043	19
5044	5044	20
5045	5045	21
5046	5046	22
5047	5047	23
5048	5048	24
5049	5049	25
5050	5050	26
5051	5051	27
5052	5052	28
5053	5053	29
5054	5054	30
5055	5055	31
5056	5056	32
5057	5057	33
5058	5058	34
5059	5059	35
5060	5060	36
5061	5061	37
5062	5062	38
5063	5063	39
5064	5064	40
5065	5065	41
5066	5066	42
5067	5067	43 SB 294 60
5068	5068	2006, when the offender was 18 years of age or older, and who are
5069	5069	released from prison, shall be released to a mandatory period of
5070	5070	postrelease supervision for the duration of the person's natural life.
5071	5071	(ii) Persons sentenced to imprisonment for a sexually violent crime
5072	5072	committed on or after the effective date of this act, when the offender was
5073	5073	under 18 years of age, and who are released from prison, shall be released
5074	5074	to a mandatory period of postrelease supervision for 60 months, plus the
5075	5075	amount of good time and program credit earned and retained pursuant to
5076	5076	K.S.A. 21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments
5077	5077	thereto.
5078	5078	(2) Persons serving a period of postrelease supervision pursuant to
5079	5079	subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C) may petition the prisoner
5080	5080	review board for early discharge. Upon payment of restitution, the prisoner
5081	5081	review board may provide for early discharge.
5082	5082	(3) Persons serving a period of incarceration for a supervision
5083	5083	violation shall not have the period of postrelease supervision modified
5084	5084	until such person is released and returned to postrelease supervision.
5085	5085	(4) Offenders whose crime of conviction was committed on or after
5086	5086	July 1, 2013, and whose probation, assignment to a community
5087	5087	correctional services program, suspension of sentence or nonprison
5088	5088	sanction is revoked pursuant to K.S.A. 22-3716(c), and amendments
5089	5089	thereto, or whose underlying prison term expires while serving a sanction
5090	5090	pursuant to K.S.A. 22-3716(c), and amendments thereto, shall serve a
5091	5091	period of postrelease supervision upon the completion of the underlying
5092	5092	prison term.
5093	5093	(5) As used in this subsection, "sexually violent crime" means:
5094	5094	(A) Rape, K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
5095	5095	amendments thereto;
5096	5096	(B) indecent liberties with a child, K.S.A. 21-3503, prior to its repeal,
5097	5097	or K.S.A. 21-5506(a), and amendments thereto;
5098	5098	(C) aggravated indecent liberties with a child, K.S.A. 21-3504, prior
5099	5099	to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
5100	5100	(D) criminal sodomy, K.S.A. 21-3505(a)(2) and (a)(3), prior to its
5101	5101	repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
5102	5102	(E) aggravated criminal sodomy, K.S.A. 21-3506, prior to its repeal,
5103	5103	or K.S.A. 21-5504(b), and amendments thereto;
5104	5104	(F) indecent solicitation of a child, K.S.A. 21-3510, prior to its repeal,
5105	5105	or K.S.A. 21-5508(a), and amendments thereto;
5106	5106	(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, prior
5107	5107	to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
5108	5108	(H) sexual exploitation of a child, K.S.A. 21-3516, prior to its repeal,
5109	5109	or K.S.A. 21-5510, and amendments thereto;
5110	5110	(I) aggravated sexual battery, K.S.A. 21-3518, prior to its repeal, or
5111	5111	1
5112	5112	2
5113	5113	3
5114	5114	4
5115	5115	5
5116	5116	6
5117	5117	7
5118	5118	8
5119	5119	9
5120	5120	10
5121	5121	11
5122	5122	12
5123	5123	13
5124	5124	14
5125	5125	15
5126	5126	16
5127	5127	17
5128	5128	18
5129	5129	19
5130	5130	20
5131	5131	21
5132	5132	22
5133	5133	23
5134	5134	24
5135	5135	25
5136	5136	26
5137	5137	27
5138	5138	28
5139	5139	29
5140	5140	30
5141	5141	31
5142	5142	32
5143	5143	33
5144	5144	34
5145	5145	35
5146	5146	36
5147	5147	37
5148	5148	38
5149	5149	39
5150	5150	40
5151	5151	41
5152	5152	42
5153	5153	43 SB 294 61
5154	5154	K.S.A. 21-5505(b), and amendments thereto;
5155	5155	(J) aggravated incest, K.S.A. 21-3603, prior to its repeal, or K.S.A.
5156	5156	21-5604(b), and amendments thereto;
5157	5157	(K) aggravated human trafficking, as defined in K.S.A. 21-3447,
5158	5158	prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
5159	5159	committed in whole or in part for the purpose of the sexual gratification of
5160	5160	the defendant or another;
5161	5161	(L) internet trading in child pornography, as defined in K.S.A. 21-
5162	5162	5514(a), and amendments thereto;
5163	5163	(M) aggravated internet trading in child pornography, as defined in
5164	5164	K.S.A. 21-5514(b), and amendments thereto;
5165	5165	(N) commercial sexual exploitation of a child, as defined in K.S.A.
5166	5166	21-6422, and amendments thereto; or
5167	5167	(O) an attempt, conspiracy or criminal solicitation, as defined in
5168	5168	K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5169	5169	5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent
5170	5170	crime as defined in this section.
5171	5171	(6) As used in this subsection, "sexually motivated" means that one of
5172	5172	the purposes for which the defendant committed the crime was for the
5173	5173	purpose of the defendant's sexual gratification.
5174	5174	(e) If an inmate is sentenced to imprisonment for a crime committed
5175	5175	while on parole or conditional release, the inmate shall be eligible for
5176	5176	parole as provided by subsection (c), except that the prisoner review board
5177	5177	may postpone the inmate's parole eligibility date by assessing a penalty not
5178	5178	exceeding the period of time which could have been assessed if the
5179	5179	inmate's parole or conditional release had been violated for reasons other
5180	5180	than conviction of a crime.
5181	5181	(f) If a person is sentenced to prison for a crime committed on or after
5182	5182	July 1, 1993, while on probation, parole, conditional release or in a
5183	5183	community corrections program, for a crime committed prior to July 1,
5184	5184	1993, and the person is not eligible for retroactive application of the
5185	5185	sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
5186	5186	4724, prior to its repeal, the new sentence shall not be aggregated with the
5187	5187	old sentence, but shall begin when the person is paroled or reaches the
5188	5188	conditional release date on the old sentence. If the offender was past the
5189	5189	offender's conditional release date at the time the new offense was
5190	5190	committed, the new sentence shall not be aggregated with the old sentence
5191	5191	but shall begin when the person is ordered released by the prisoner review
5192	5192	board or reaches the maximum sentence expiration date on the old
5193	5193	sentence, whichever is earlier. The new sentence shall then be served as
5194	5194	otherwise provided by law. The period of postrelease supervision shall be
5195	5195	based on the new sentence, except that those offenders whose old sentence
5196	5196	is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp.
5197	5197	1
5198	5198	2
5199	5199	3
5200	5200	4
5201	5201	5
5202	5202	6
5203	5203	7
5204	5204	8
5205	5205	9
5206	5206	10
5207	5207	11
5208	5208	12
5209	5209	13
5210	5210	14
5211	5211	15
5212	5212	16
5213	5213	17
5214	5214	18
5215	5215	19
5216	5216	20
5217	5217	21
5218	5218	22
5219	5219	23
5220	5220	24
5221	5221	25
5222	5222	26
5223	5223	27
5224	5224	28
5225	5225	29
5226	5226	30
5227	5227	31
5228	5228	32
5229	5229	33
5230	5230	34
5231	5231	35
5232	5232	36
5233	5233	37
5234	5234	38
5235	5235	39
5236	5236	40
5237	5237	41
5238	5238	42
5239	5239	43 SB 294 62
5240	5240	21-4628, prior to its repeal, or an indeterminate sentence with a maximum
5241	5241	term of life imprisonment, for which there is no conditional release or
5242	5242	maximum sentence expiration date, shall remain on postrelease
5243	5243	supervision for life or until discharged from supervision by the prisoner
5244	5244	review board.
5245	5245	(g) Subject to the provisions of this section, the prisoner review board
5246	5246	may release on parole those persons confined in institutions who are
5247	5247	eligible for parole when: (1) The board believes that the inmate should be
5248	5248	released for hospitalization, deportation or to answer the warrant or other
5249	5249	process of a court and is of the opinion that there is reasonable probability
5250	5250	that the inmate can be released without detriment to the community or to
5251	5251	the inmate; or (2) the secretary of corrections has reported to the board in
5252	5252	writing that the inmate has satisfactorily completed the programs required
5253	5253	by any agreement entered under K.S.A. 75-5210a, and amendments
5254	5254	thereto, or any revision of such agreement, and the board believes that the
5255	5255	inmate is able and willing to fulfill the obligations of a law abiding citizen
5256	5256	and is of the opinion that there is reasonable probability that the inmate
5257	5257	can be released without detriment to the community or to the inmate.
5258	5258	Parole shall not be granted as an award of clemency and shall not be
5259	5259	considered a reduction of sentence or a pardon.
5260	5260	(h) The prisoner review board shall hold a parole hearing at least the
5261	5261	month prior to the month an inmate will be eligible for parole under
5262	5262	subsections (a), (b) and (c). At least one month preceding the parole
5263	5263	hearing, the county or district attorney of the county where the inmate was
5264	5264	convicted shall give written notice of the time and place of the public
5265	5265	comment sessions for the inmate to any victim of the inmate's crime who
5266	5266	is alive and whose address is known to the county or district attorney or, if
5267	5267	the victim is deceased, to the victim's family if the family's address is
5268	5268	known to the county or district attorney. Except as otherwise provided,
5269	5269	failure to notify pursuant to this section shall not be a reason to postpone a
5270	5270	parole hearing. In the case of any inmate convicted of an off-grid felony or
5271	5271	a class A felony, the secretary of corrections shall give written notice of the
5272	5272	time and place of the public comment session for such inmate at least one
5273	5273	month preceding the public comment session to any victim of such
5274	5274	inmate's crime or the victim's family pursuant to K.S.A. 74-7338, and
5275	5275	amendments thereto. If notification is not given to such victim or such
5276	5276	victim's family in the case of any inmate convicted of an off-grid felony or
5277	5277	a class A felony, the board shall postpone a decision on parole of the
5278	5278	inmate to a time at least 30 days after notification is given as provided in
5279	5279	this section. Nothing in this section shall create a cause of action against
5280	5280	the state or an employee of the state acting within the scope of the
5281	5281	employee's employment as a result of the failure to notify pursuant to this
5282	5282	section. If granted parole, the inmate may be released on parole on the date
5283	5283	1
5284	5284	2
5285	5285	3
5286	5286	4
5287	5287	5
5288	5288	6
5289	5289	7
5290	5290	8
5291	5291	9
5292	5292	10
5293	5293	11
5294	5294	12
5295	5295	13
5296	5296	14
5297	5297	15
5298	5298	16
5299	5299	17
5300	5300	18
5301	5301	19
5302	5302	20
5303	5303	21
5304	5304	22
5305	5305	23
5306	5306	24
5307	5307	25
5308	5308	26
5309	5309	27
5310	5310	28
5311	5311	29
5312	5312	30
5313	5313	31
5314	5314	32
5315	5315	33
5316	5316	34
5317	5317	35
5318	5318	36
5319	5319	37
5320	5320	38
5321	5321	39
5322	5322	40
5323	5323	41
5324	5324	42
5325	5325	43 SB 294 63
5326	5326	specified by the board, but not earlier than the date the inmate is eligible
5327	5327	for parole under subsections (a), (b) and (c). At each parole hearing and, if
5328	5328	parole is not granted, at such intervals thereafter as it determines
5329	5329	appropriate, the board shall consider: (1) Whether the inmate has
5330	5330	satisfactorily completed the programs required by any agreement entered
5331	5331	under K.S.A. 75-5210a, and amendments thereto, or any revision of such
5332	5332	agreement; and (2) all pertinent information regarding such inmate,
5333	5333	including, but not limited to, the circumstances of the offense of the
5334	5334	inmate; the presentence report; the previous social history and criminal
5335	5335	record of the inmate; the conduct, employment, and attitude of the inmate
5336	5336	in prison; the reports of such physical and mental examinations as have
5337	5337	been made, including, but not limited to, risk factors revealed by any risk
5338	5338	assessment of the inmate; comments of the victim and the victim's family
5339	5339	including in person comments, contemporaneous comments and
5340	5340	prerecorded comments made by any technological means; comments of
5341	5341	the public; official comments; any recommendation by the staff of the
5342	5342	facility where the inmate is incarcerated; proportionality of the time the
5343	5343	inmate has served to the sentence a person would receive under the Kansas
5344	5344	sentencing guidelines for the conduct that resulted in the inmate's
5345	5345	incarceration; and capacity of state correctional institutions.
5346	5346	(i) In those cases involving inmates sentenced for a crime committed
5347	5347	after July 1, 1993, the prisoner review board will review the inmate's
5348	5348	proposed release plan. The board may schedule a hearing if they desire.
5349	5349	The board may impose any condition they deem necessary to insure public
5350	5350	safety, aid in the reintegration of the inmate into the community, or items
5351	5351	not completed under the agreement entered into under K.S.A. 75-5210a,
5352	5352	and amendments thereto. The board may not advance or delay an inmate's
5353	5353	release date. Every inmate while on postrelease supervision shall remain in
5354	5354	the legal custody of the secretary of corrections and is subject to the orders
5355	5355	of the secretary.
5356	5356	(j) (1) Before ordering the parole of any inmate, the prisoner review
5357	5357	board shall have the inmate appear either in person or via a video
5358	5358	conferencing format and shall interview the inmate unless impractical
5359	5359	because of the inmate's physical or mental condition or absence from the
5360	5360	institution. Every inmate while on parole shall remain in the legal custody
5361	5361	of the secretary of corrections and is subject to the orders of the secretary.
5362	5362	Whenever the board formally considers placing an inmate on parole and
5363	5363	no agreement has been entered into with the inmate under K.S.A. 75-
5364	5364	5210a, and amendments thereto, the board shall notify the inmate in
5365	5365	writing of the reasons for not granting parole. If an agreement has been
5366	5366	entered under K.S.A. 75-5210a, and amendments thereto, and the inmate
5367	5367	has not satisfactorily completed the programs specified in the agreement,
5368	5368	or any revision of such agreement, the board shall notify the inmate in
5369	5369	1
5370	5370	2
5371	5371	3
5372	5372	4
5373	5373	5
5374	5374	6
5375	5375	7
5376	5376	8
5377	5377	9
5378	5378	10
5379	5379	11
5380	5380	12
5381	5381	13
5382	5382	14
5383	5383	15
5384	5384	16
5385	5385	17
5386	5386	18
5387	5387	19
5388	5388	20
5389	5389	21
5390	5390	22
5391	5391	23
5392	5392	24
5393	5393	25
5394	5394	26
5395	5395	27
5396	5396	28
5397	5397	29
5398	5398	30
5399	5399	31
5400	5400	32
5401	5401	33
5402	5402	34
5403	5403	35
5404	5404	36
5405	5405	37
5406	5406	38
5407	5407	39
5408	5408	40
5409	5409	41
5410	5410	42
5411	5411	43 SB 294 64
5412	5412	writing of the specific programs the inmate must satisfactorily complete
5413	5413	before parole will be granted. If parole is not granted only because of a
5414	5414	failure to satisfactorily complete such programs, the board shall grant
5415	5415	parole upon the secretary's certification that the inmate has successfully
5416	5416	completed such programs. If an agreement has been entered under K.S.A.
5417	5417	75-5210a, and amendments thereto, and the secretary of corrections has
5418	5418	reported to the board in writing that the inmate has satisfactorily
5419	5419	completed the programs required by such agreement, or any revision
5420	5420	thereof, the board shall not require further program participation.
5421	5421	However, if the board determines that other pertinent information
5422	5422	regarding the inmate warrants the inmate's not being released on parole,
5423	5423	the board shall state in writing the reasons for not granting the parole. If
5424	5424	parole is denied for an inmate sentenced for a crime other than a class A or
5425	5425	class B felony or an off-grid felony, the board shall hold another parole
5426	5426	hearing for the inmate not later than one year after the denial unless the
5427	5427	board finds that it is not reasonable to expect that parole would be granted
5428	5428	at a hearing if held in the next three years or during the interim period of a
5429	5429	deferral. In such case, the board may defer subsequent parole hearings for
5430	5430	up to three years but any such deferral by the board shall require the board
5431	5431	to state the basis for its findings. If parole is denied for an inmate
5432	5432	sentenced for a class A or class B felony or an off-grid felony, the board
5433	5433	shall hold another parole hearing for the inmate not later than three years
5434	5434	after the denial unless the board finds that it is not reasonable to expect
5435	5435	that parole would be granted at a hearing if held in the next 10 years or
5436	5436	during the interim period of a deferral. In such case, the board may defer
5437	5437	subsequent parole hearings for up to 10 years, but any such deferral shall
5438	5438	require the board to state the basis for its findings.
5439	5439	(2) Inmates sentenced for a class A or class B felony who have not
5440	5440	had a board hearing in the five years prior to July 1, 2010, shall have such
5441	5441	inmates' cases reviewed by the board on or before July 1, 2012. Such
5442	5442	review shall begin with the inmates with the oldest deferral date and
5443	5443	progress to the most recent. Such review shall be done utilizing existing
5444	5444	resources unless the board determines that such resources are insufficient.
5445	5445	If the board determines that such resources are insufficient, then the
5446	5446	provisions of this paragraph are subject to appropriations therefor.
5447	5447	(k) (1) Parolees and persons on postrelease supervision shall be
5448	5448	assigned, upon release, to the appropriate level of supervision pursuant to
5449	5449	the criteria established by the secretary of corrections.
5450	5450	(2) Parolees and persons on postrelease supervision are, and shall
5451	5451	agree in writing to be, subject to searches of the person and the person's
5452	5452	effects, vehicle, residence and property by a parole officer or a department
5453	5453	of corrections enforcement, apprehension and investigation officer, at any
5454	5454	time of the day or night, with or without a search warrant and with or
5455	5455	1
5456	5456	2
5457	5457	3
5458	5458	4
5459	5459	5
5460	5460	6
5461	5461	7
5462	5462	8
5463	5463	9
5464	5464	10
5465	5465	11
5466	5466	12
5467	5467	13
5468	5468	14
5469	5469	15
5470	5470	16
5471	5471	17
5472	5472	18
5473	5473	19
5474	5474	20
5475	5475	21
5476	5476	22
5477	5477	23
5478	5478	24
5479	5479	25
5480	5480	26
5481	5481	27
5482	5482	28
5483	5483	29
5484	5484	30
5485	5485	31
5486	5486	32
5487	5487	33
5488	5488	34
5489	5489	35
5490	5490	36
5491	5491	37
5492	5492	38
5493	5493	39
5494	5494	40
5495	5495	41
5496	5496	42
5497	5497	43 SB 294 65
5498	5498	without cause. Nothing in this subsection shall be construed to authorize
5499	5499	such officers to conduct arbitrary or capricious searches or searches for the
5500	5500	sole purpose of harassment.
5501	5501	(3) Parolees and persons on postrelease supervision are, and shall
5502	5502	agree in writing to be, subject to searches of the person and the person's
5503	5503	effects, vehicle, residence and property by any law enforcement officer
5504	5504	based on reasonable suspicion of the person violating conditions of parole
5505	5505	or postrelease supervision or reasonable suspicion of criminal activity. Any
5506	5506	law enforcement officer who conducts such a search shall submit a written
5507	5507	report to the appropriate parole officer no later than the close of the next
5508	5508	business day after such search. The written report shall include the facts
5509	5509	leading to such search, the scope of such search and any findings resulting
5510	5510	from such search.
5511	5511	(l) The prisoner review board shall promulgate rules and regulations
5512	5512	in accordance with K.S.A. 77-415 et seq., and amendments thereto, not
5513	5513	inconsistent with the law and as it may deem proper or necessary, with
5514	5514	respect to the conduct of parole hearings, postrelease supervision reviews,
5515	5515	revocation hearings, orders of restitution, reimbursement of expenditures
5516	5516	by the state board of indigents' defense services and other conditions to be
5517	5517	imposed upon parolees or releasees. Whenever an order for parole or
5518	5518	postrelease supervision is issued it shall recite the conditions thereof.
5519	5519	(m) Whenever the prisoner review board orders the parole of an
5520	5520	inmate or establishes conditions for an inmate placed on postrelease
5521	5521	supervision, the board shall require that the inmate:
5522	5522	(1) Obey all laws and ordinances and report any law enforcement
5523	5523	contact to the inmate's supervision officer within 24 hours after such
5524	5524	contact;
5525	5525	(2) not engage in physical violence or threats of violence of any kind
5526	5526	and, if the inmate is being supervised for conviction of a felony, not
5527	5527	purchase or possess a dangerous weapon, including a firearm, while on
5528	5528	supervision;
5529	5529	(3) report to the inmate's supervision officer as directed and be
5530	5530	truthful in all matters;
5531	5531	(4) remain within the state of Kansas or other specified areas as
5532	5532	defined by the defendant's supervision officer;
5533	5533	(5) reside at the inmate's approved residence unless the defendant
5534	5534	receives permission from the inmate's supervision officer to relocate and
5535	5535	notify the inmate's supervision officer within 24 hours after any emergency
5536	5536	changes in residence or contact information;
5537	5537	(6) not possess, use or distribute any controlled substances except
5538	5538	those prescribed by a licensed medical professional;
5539	5539	(7) not possess or consume any form of alcohol or intoxicating
5540	5540	substance or enter any establishment where alcohol is sold or consumed as
5541	5541	1
5542	5542	2
5543	5543	3
5544	5544	4
5545	5545	5
5546	5546	6
5547	5547	7
5548	5548	8
5549	5549	9
5550	5550	10
5551	5551	11
5552	5552	12
5553	5553	13
5554	5554	14
5555	5555	15
5556	5556	16
5557	5557	17
5558	5558	18
5559	5559	19
5560	5560	20
5561	5561	21
5562	5562	22
5563	5563	23
5564	5564	24
5565	5565	25
5566	5566	26
5567	5567	27
5568	5568	28
5569	5569	29
5570	5570	30
5571	5571	31
5572	5572	32
5573	5573	33
5574	5574	34
5575	5575	35
5576	5576	36
5577	5577	37
5578	5578	38
5579	5579	39
5580	5580	40
5581	5581	41
5582	5582	42
5583	5583	43 SB 294 66
5584	5584	the primary business;
5585	5585	(8) submit to any form of alcohol or substance use testing directed by
5586	5586	the inmate's supervision officer and not alter or tamper with the specimen
5587	5587	or test;
5588	5588	(9) participate in assessment, treatment, programming and other
5589	5589	directives of the court or the inmate's supervision officer;
5590	5590	(10) submit to searches of the person and the person's effects, vehicle,
5591	5591	residence and property by a parole officer or a department of corrections
5592	5592	enforcement, apprehension and investigation officer, at any time of the day
5593	5593	or night, with or without a search warrant and with or without cause,
5594	5594	except that nothing in this paragraph shall be construed to authorize such
5595	5595	officers to conduct arbitrary or capricious searches or searches for the sole
5596	5596	purpose of harassment;
5597	5597	(11) submit to searches of the person and the person's effects, vehicle,
5598	5598	residence and property by any law enforcement officer based on
5599	5599	reasonable suspicion of the person violating conditions of parole or
5600	5600	postrelease supervision or reasonable suspicion of criminal activity;
5601	5601	(12) refrain from contacting victims unless authorized by the board to
5602	5602	contact a victim as part of rehabilitative or therapeutic purposes;
5603	5603	(13) pay the administrative fee imposed pursuant to K.S.A. 22-4529,
5604	5604	and amendments thereto, unless the board finds compelling circumstances
5605	5605	that would render payment unworkable; and
5606	5606	(14) unless the board finds compelling circumstances that would
5607	5607	render a plan of payment unworkable, reimburse the state for all or part of
5608	5608	the expenditures by the state board of indigents' defense services to
5609	5609	provide counsel and other defense services to the person. In determining
5610	5610	the amount and method of payment of such sum, the prisoner review board
5611	5611	shall take account of the financial resources of the person and the nature of
5612	5612	the burden that the payment of such sum will impose. Such amount shall
5613	5613	not exceed the amount claimed by appointed counsel on the payment
5614	5614	voucher for indigents' defense services or the amount prescribed by the
5615	5615	board of indigents' defense services reimbursement tables as provided in
5616	5616	K.S.A. 22-4522, and amendments thereto, whichever is less, minus any
5617	5617	previous payments for such services.
5618	5618	(n) Any law enforcement officer who conducts a search pursuant to
5619	5619	subsection (m)(11) shall submit a written report to the inmate's parole
5620	5620	officer not later than the close of business the next day after such search is
5621	5621	conducted. The written report shall include the facts leading to such
5622	5622	search, the scope of such search and any findings resulting from such
5623	5623	search.
5624	5624	(o) If the court that sentenced an inmate specified at the time of
5625	5625	sentencing the amount and the recipient of any restitution ordered as a
5626	5626	condition of parole or postrelease supervision, the prisoner review board
5627	5627	1
5628	5628	2
5629	5629	3
5630	5630	4
5631	5631	5
5632	5632	6
5633	5633	7
5634	5634	8
5635	5635	9
5636	5636	10
5637	5637	11
5638	5638	12
5639	5639	13
5640	5640	14
5641	5641	15
5642	5642	16
5643	5643	17
5644	5644	18
5645	5645	19
5646	5646	20
5647	5647	21
5648	5648	22
5649	5649	23
5650	5650	24
5651	5651	25
5652	5652	26
5653	5653	27
5654	5654	28
5655	5655	29
5656	5656	30
5657	5657	31
5658	5658	32
5659	5659	33
5660	5660	34
5661	5661	35
5662	5662	36
5663	5663	37
5664	5664	38
5665	5665	39
5666	5666	40
5667	5667	41
5668	5668	42
5669	5669	43 SB 294 67
5670	5670	shall order as a condition of parole or postrelease supervision that the
5671	5671	inmate pay restitution in the amount and manner provided in the journal
5672	5672	entry unless the board finds compelling circumstances that would render a
5673	5673	plan of restitution unworkable.
5674	5674	(p) Whenever the prisoner review board grants the parole of an
5675	5675	inmate, the board, within 14 days of the date of the decision to grant
5676	5676	parole, shall give written notice of the decision to the county or district
5677	5677	attorney of the county where the inmate was sentenced.
5678	5678	(q) When an inmate is to be released on postrelease supervision, the
5679	5679	secretary, within 30 days prior to release, shall provide the county or
5680	5680	district attorney of the county where the inmate was sentenced written
5681	5681	notice of the release date.
5682	5682	(r) Inmates shall be released on postrelease supervision upon the
5683	5683	termination of the prison portion of their sentence. Time served while on
5684	5684	postrelease supervision will vest.
5685	5685	(s) An inmate who is allocated regular good time credits as provided
5686	5686	in K.S.A. 22-3725, and amendments thereto, may receive meritorious
5687	5687	good time credits in increments of not more than 90 days per meritorious
5688	5688	act. These credits may be awarded by the secretary of corrections when an
5689	5689	inmate has acted in a heroic or outstanding manner in coming to the
5690	5690	assistance of another person in a life-threatening situation, preventing
5691	5691	injury or death to a person, preventing the destruction of property or taking
5692	5692	actions that result in a financial savings to the state.
5693	5693	(t) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and
5694	5694	(d)(1)(E) shall be applied retroactively as provided in subsection(u).
5695	5695	(u) For offenders sentenced prior to July 1, 2014, who are eligible for
5696	5696	modification of their postrelease supervision obligation, the department of
5697	5697	corrections shall modify the period of postrelease supervision as provided
5698	5698	for by this section:
5699	5699	(1) On or before September 1, 2013, for offenders convicted of:
5700	5700	(A) Severity levels 9 and 10 crimes on the sentencing guidelines grid
5701	5701	for nondrug crimes;
5702	5702	(B) severity level 4 crimes on the sentencing guidelines grid for drug
5703	5703	crimes committed prior to July 1, 2012; and
5704	5704	(C) severity level 5 crimes on the sentencing guidelines grid for drug
5705	5705	crimes committed on and after July 1, 2012;
5706	5706	(2) on or before November 1, 2013, for offenders convicted of:
5707	5707	(A) Severity levels 6, 7 and 8 crimes on the sentencing guidelines
5708	5708	grid for nondrug crimes;
5709	5709	(B) level 3 crimes on the sentencing guidelines grid for drug crimes
5710	5710	committed prior to July 1, 2012; and
5711	5711	(C) level 4 crimes on the sentencing guidelines grid for drug crimes
5712	5712	committed on or after July 1, 2012; and
5713	5713	1
5714	5714	2
5715	5715	3
5716	5716	4
5717	5717	5
5718	5718	6
5719	5719	7
5720	5720	8
5721	5721	9
5722	5722	10
5723	5723	11
5724	5724	12
5725	5725	13
5726	5726	14
5727	5727	15
5728	5728	16
5729	5729	17
5730	5730	18
5731	5731	19
5732	5732	20
5733	5733	21
5734	5734	22
5735	5735	23
5736	5736	24
5737	5737	25
5738	5738	26
5739	5739	27
5740	5740	28
5741	5741	29
5742	5742	30
5743	5743	31
5744	5744	32
5745	5745	33
5746	5746	34
5747	5747	35
5748	5748	36
5749	5749	37
5750	5750	38
5751	5751	39
5752	5752	40
5753	5753	41
5754	5754	42
5755	5755	43 SB 294 68
5756	5756	(3) on or before January 1, 2014, for offenders convicted of:
5757	5757	(A) Severity levels 1, 2, 3, 4 and 5 crimes on the sentencing
5758	5758	guidelines grid for nondrug crimes;
5759	5759	(B) severity levels 1 and 2 crimes on the sentencing guidelines grid
5760	5760	for drug crimes committed at any time; and
5761	5761	(C) severity level 3 crimes on the sentencing guidelines grid for drug
5762	5762	crimes committed on or after July 1, 2012.
5763	5763	(v) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
5764	5764	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
5765	5765	crimes committed on or after July 1, 2006, shall be placed on parole for
5766	5766	life and shall not be discharged from supervision by the prisoner review
5767	5767	board. When the board orders the parole of an inmate pursuant to this
5768	5768	subsection, the board shall order as a condition of parole that the inmate be
5769	5769	electronically monitored for the duration of the inmate's natural life.
5770	5770	(w) Whenever the prisoner review board orders a person to be
5771	5771	electronically monitored pursuant to this section, or the court orders a
5772	5772	person to be electronically monitored pursuant to K.S.A. 21-6604(r), and
5773	5773	amendments thereto, the board shall order the person to reimburse the state
5774	5774	for all or part of the cost of such monitoring. In determining the amount
5775	5775	and method of payment of such sum, the board shall take account of the
5776	5776	financial resources of the person and the nature of the burden that the
5777	5777	payment of such sum will impose.
5778	5778	(x) (1) On and after July 1, 2012, for any inmate who is a sex
5779	5779	offender, as defined in K.S.A. 22-4902, and amendments thereto,
5780	5780	whenever the prisoner review board orders the parole of such inmate or
5781	5781	establishes conditions for such inmate placed on postrelease supervision,
5782	5782	such inmate shall agree in writing to not possess pornographic materials.
5783	5783	(A) As used in this subsection, "pornographic materials" means any
5784	5784	obscene material or performance depicting sexual conduct, sexual contact
5785	5785	or a sexual performance; and any visual depiction of sexually explicit
5786	5786	conduct.
5787	5787	(B) As used in this subsection, all other terms have the meanings
5788	5788	provided by K.S.A. 21-5510, and amendments thereto.
5789	5789	(2) The provisions of this subsection shall be applied retroactively to
5790	5790	every sex offender, as defined in K.S.A. 22-4902, and amendments
5791	5791	thereto, who is on parole or postrelease supervision on July 1, 2012. The
5792	5792	prisoner review board shall obtain the written agreement required by this
5793	5793	subsection from such offenders as soon as practicable.
5794	5794	(y) For any parolee or person on postrelease supervision who has
5795	5795	been issued a valid identification card pursuant to section 9, and
5796	5796	amendments thereto, the prisoner review board shall not order any
5797	5797	condition that prohibits such parolee or person on postrelease supervision
5798	5798	from purchasing, possessing or consuming medical cannabis or medical
5799	5799	1
5800	5800	2
5801	5801	3
5802	5802	4
5803	5803	5
5804	5804	6
5805	5805	7
5806	5806	8
5807	5807	9
5808	5808	10
5809	5809	11
5810	5810	12
5811	5811	13
5812	5812	14
5813	5813	15
5814	5814	16
5815	5815	17
5816	5816	18
5817	5817	19
5818	5818	20
5819	5819	21
5820	5820	22
5821	5821	23
5822	5822	24
5823	5823	25
5824	5824	26
5825	5825	27
5826	5826	28
5827	5827	29
5828	5828	30
5829	5829	31
5830	5830	32
5831	5831	33
5832	5832	34
5833	5833	35
5834	5834	36
5835	5835	37
5836	5836	38
5837	5837	39
5838	5838	40
5839	5839	41
5840	5840	42
5841	5841	43 SB 294 69
5842	5842	cannabis products, as such terms are defined in section 2, and
5843	5843	amendments thereto, in accordance with the Kansas medical cannabis act,
5844	5844	section 1 et seq., and amendments thereto.
5845	5845	Sec. 57. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
5846	5846	follows: 22-4714. (a) A governmental agency other than a criminal justice
5847	5847	agency as defined in K.S.A. 22-4701, and amendments thereto, identified
5848	5848	in subsection (b) may require a person to be fingerprinted and shall submit
5849	5849	such fingerprints to the Kansas bureau of investigation and the federal
5850	5850	bureau of investigation for a search of the state and federal database.
5851	5851	Fingerprints provided pursuant to this section may be used to identify a
5852	5852	person and to determine whether such person has a record of criminal
5853	5853	history in this state or in another jurisdiction. An agency identified in
5854	5854	subsection (b) may use the information obtained from the criminal history
5855	5855	record check for the purposes of verifying the identification of a person
5856	5856	and in the official determination of the qualifications and fitness of such
5857	5857	person to be issued or maintain employment, licensure, registration,
5858	5858	certification or a permit, act as an agent of a licensee, hold ownership of a
5859	5859	licensee or serve as a director or officer of a licensee.
5860	5860	(b) (1) The Kansas bureau of investigation shall release criminal
5861	5861	history record information related to adult convictions, adult non-
5862	5862	convictions, adult diversions, adult expunged records, juvenile
5863	5863	adjudications, juvenile non-adjudications, juvenile diversions and juvenile
5864	5864	expunged records to the Kansas department for children and families or
5865	5865	the Kansas department for aging and disability services for initial or
5866	5866	continuing employment or participation in any program administered for
5867	5867	the placement, safety, protection or treatment of vulnerable children or
5868	5868	adults as described in K.S.A. 75-53,105, and amendments thereto.
5869	5869	(2) The Kansas bureau of investigation shall release criminal history
5870	5870	record information related to adult convictions, adult non-convictions,
5871	5871	adult diversions, adult expunged records and juvenile expunged records to:
5872	5872	(A) The state lottery for candidates for employees as defined in
5873	5873	K.S.A. 74-8702, and amendments thereto, in connection with such
5874	5874	employment as described in K.S.A. 74-8704, and amendments thereto; and
5875	5875	(B) the Kansas racing and gaming commission for candidates for
5876	5876	employees or licensees as defined in K.S.A. 74-8802, and amendments
5877	5877	thereto, in connection with such employment or license as described in
5878	5878	K.S.A. 74-8804, and amendments thereto, including an applicant for a
5879	5879	simulcasting license.
5880	5880	(3) The Kansas bureau of investigation shall release criminal history
5881	5881	record information related to adult convictions, adult non-convictions,
5882	5882	adult diversions, adult expunged records, juvenile adjudications, juvenile
5883	5883	non-adjudications and juvenile diversions to:
5884	5884	(A) The emergency medical services board for applicants as defined
5885	5885	1
5886	5886	2
5887	5887	3
5888	5888	4
5889	5889	5
5890	5890	6
5891	5891	7
5892	5892	8
5893	5893	9
5894	5894	10
5895	5895	11
5896	5896	12
5897	5897	13
5898	5898	14
5899	5899	15
5900	5900	16
5901	5901	17
5902	5902	18
5903	5903	19
5904	5904	20
5905	5905	21
5906	5906	22
5907	5907	23
5908	5908	24
5909	5909	25
5910	5910	26
5911	5911	27
5912	5912	28
5913	5913	29
5914	5914	30
5915	5915	31
5916	5916	32
5917	5917	33
5918	5918	34
5919	5919	35
5920	5920	36
5921	5921	37
5922	5922	38
5923	5923	39
5924	5924	40
5925	5925	41
5926	5926	42
5927	5927	43 SB 294 70
5928	5928	in K.S.A. 65-6129, and amendments thereto, in connection with such
5929	5929	application as described in K.S.A. 65-6129, and amendments thereto;
5930	5930	(B) the attorney general for applicants as defined in K.S.A 75-7c01,
5931	5931	and amendments thereto, in connection with such application as described
5932	5932	in K.S.A. 75-7c05, and amendments thereto; and
5933	5933	(C) the department of administration for candidates for sensitive
5934	5934	employees as defined in K.S.A. 75-3707e, and amendments thereto, in
5935	5935	connection with such employment as described in K.S.A. 75-3707e, and
5936	5936	amendments thereto.
5937	5937	(4) The Kansas bureau of investigation shall release criminal history
5938	5938	record information related to adult convictions, adult non-convictions,
5939	5939	adult diversions and adult expunged records to:
5940	5940	(A) The supreme court and state board of law examiners for
5941	5941	applicants as defined in K.S.A. 7-127, and amendments thereto, in
5942	5942	connection with such application as described in K.S.A. 7-127, and
5943	5943	amendments thereto;
5944	5944	(B) the state gaming agency for candidates for employees and
5945	5945	licensees as defined in K.S.A. 74-9802, and amendments thereto, in
5946	5946	connection with such employment or license as described in K.S.A. 74-
5947	5947	9805, and amendments thereto;
5948	5948	(C) the attorney general for applicants as defined in K.S.A. 75-7b01,
5949	5949	and amendments thereto, in connection with such application as described
5950	5950	in K.S.A. 75-7b04, and amendments thereto;
5951	5951	(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
5952	5952	and amendments thereto, in connection with such application for
5953	5953	certification as described in K.S.A. 75-7b21, and amendments thereto; and
5954	5954	(E) the commission on peace officers' standards and training for
5955	5955	applicants for certification under the Kansas law enforcement training act
5956	5956	as described in K.S.A. 74-5607, and amendments thereto.
5957	5957	(5) The Kansas bureau of investigation shall release criminal history
5958	5958	record information related to adult convictions, adult non-convictions,
5959	5959	adult diversions and juvenile adjudications to:
5960	5960	(A) The athletic commission within the Kansas department of
5961	5961	commerce for a candidate for boxing commission as defined in K.S.A. 74-
5962	5962	50,182, and amendments thereto, in connection with such appointment as
5963	5963	described in K.S.A. 74-50,184, and amendments thereto; and
5964	5964	(B) the secretary of health and environment for employees at a child
5965	5965	care facility as defined in K.S.A. 65-503, and amendments thereto, in
5966	5966	connection with such employment as described in K.S.A. 65-516, and
5967	5967	amendments thereto.
5968	5968	(6) The Kansas bureau of investigation shall release criminal history
5969	5969	record information related to adult convictions and juvenile adjudications
5970	5970	to:
5971	5971	1
5972	5972	2
5973	5973	3
5974	5974	4
5975	5975	5
5976	5976	6
5977	5977	7
5978	5978	8
5979	5979	9
5980	5980	10
5981	5981	11
5982	5982	12
5983	5983	13
5984	5984	14
5985	5985	15
5986	5986	16
5987	5987	17
5988	5988	18
5989	5989	19
5990	5990	20
5991	5991	21
5992	5992	22
5993	5993	23
5994	5994	24
5995	5995	25
5996	5996	26
5997	5997	27
5998	5998	28
5999	5999	29
6000	6000	30
6001	6001	31
6002	6002	32
6003	6003	33
6004	6004	34
6005	6005	35
6006	6006	36
6007	6007	37
6008	6008	38
6009	6009	39
6010	6010	40
6011	6011	41
6012	6012	42
6013	6013	43 SB 294 71
6014	6014	(A) The secretary for aging and disability services for applicants as
6015	6015	defined in K.S.A. 39-970, and amendments thereto, in connection with
6016	6016	such application as described in K.S.A. 39-970, and amendments thereto;
6017	6017	(B) the Kansas department for aging and disability services for
6018	6018	applicants as defined in K.S.A. 39-2009, and amendments thereto, in
6019	6019	connection with such application as described in K.S.A. 39-2009, and
6020	6020	amendments thereto; and
6021	6021	(C) the secretary for aging and disability services for applicants as
6022	6022	defined in K.S.A. 65-5117, and amendments thereto, in connection with
6023	6023	such application as described in K.S.A. 65-5117, and amendments thereto.
6024	6024	(7) The Kansas bureau of investigation shall release criminal history
6025	6025	record information related to adult convictions and adult non-convictions
6026	6026	to:
6027	6027	(A) The division of motor vehicles within the department of revenue
6028	6028	for applicants for reinstatement of a license to drive a commercial motor
6029	6029	vehicle as described in K.S.A. 8-2,142, and amendments thereto;
6030	6030	(B) the board of examiners in optometry for applicants or licensees as
6031	6031	defined in K.S.A. 65-1501, and amendments thereto, in connection with
6032	6032	such application or an investigation as described in K.S.A. 65-1505, and
6033	6033	amendments thereto;
6034	6034	(C) the board of pharmacy for fingerprint candidates as defined in
6035	6035	K.S.A. 65-1626, and amendments thereto, in connection with such
6036	6036	application or license as described in K.S.A. 65-1696, and amendments
6037	6037	thereto;
6038	6038	(D) the state board of healing arts for applicants or licensees as
6039	6039	defined in K.S.A. 65-2802, and amendments thereto, in connection with
6040	6040	such application or an investigation as described in K.S.A. 65-28,129, and
6041	6041	amendments thereto;
6042	6042	(E) the state board of healing arts for applicants or licensees as
6043	6043	defined in K.S.A. 65-2901, and amendments thereto, in connection with
6044	6044	such application or an investigation as described in K.S.A. 65-2924, and
6045	6045	amendments thereto;
6046	6046	(F) the board of nursing for applicants as defined in K.S.A. 74-1112,
6047	6047	and amendments thereto, in connection with such application as described
6048	6048	in K.S.A. 74-1112, and amendments thereto;
6049	6049	(G) the behavioral sciences regulatory board for licensees as defined
6050	6050	in K.S.A. 74-7511, and amendments thereto, in connection with such
6051	6051	application or license as described in K.S.A. 74-7511, and amendments
6052	6052	thereto;
6053	6053	(H) the state lottery for a vendor to whom a major procurement
6054	6054	contract is to be awarded in connection with an investigation as described
6055	6055	in K.S.A. 74-8705, and amendments thereto;
6056	6056	(I) the attorney general for appointees of the governor to positions
6057	6057	1
6058	6058	2
6059	6059	3
6060	6060	4
6061	6061	5
6062	6062	6
6063	6063	7
6064	6064	8
6065	6065	9
6066	6066	10
6067	6067	11
6068	6068	12
6069	6069	13
6070	6070	14
6071	6071	15
6072	6072	16
6073	6073	17
6074	6074	18
6075	6075	19
6076	6076	20
6077	6077	21
6078	6078	22
6079	6079	23
6080	6080	24
6081	6081	25
6082	6082	26
6083	6083	27
6084	6084	28
6085	6085	29
6086	6086	30
6087	6087	31
6088	6088	32
6089	6089	33
6090	6090	34
6091	6091	35
6092	6092	36
6093	6093	37
6094	6094	38
6095	6095	39
6096	6096	40
6097	6097	41
6098	6098	42
6099	6099	43 SB 294 72
6100	6100	subject to confirmation by the senate and judicial appointees as described
6101	6101	in K.S.A. 75-712, and amendments thereto;
6102	6102	(J) appointing authorities as defined in K.S.A. 75-4315d, and
6103	6103	amendments thereto, for nongubernatorial appointees as described in
6104	6104	K.S.A. 75-4315d, and amendments thereto;
6105	6105	(K) the Kansas real estate commission for applicants as defined in
6106	6106	K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
6107	6107	K.S.A. 58-3035, and amendments thereto, in connection with an
6108	6108	investigation as described in K.S.A. 58-3039, and amendments thereto;
6109	6109	(L) the insurance commissioner for applicants for licensure as an
6110	6110	insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
6111	6111	connection with such application as described in K.S.A. 40-4905, and
6112	6112	amendments thereto; and
6113	6113	(M) the insurance commissioner for applicants as defined in K.S.A.
6114	6114	40-5501, and amendments thereto, in connection with such application as
6115	6115	described in K.S.A. 40-5505, and amendments thereto.
6116	6116	(8) The Kansas bureau of investigation shall release criminal history
6117	6117	record information related to adult convictions to:
6118	6118	(A) The department of agriculture for hemp employees as defined in
6119	6119	K.S.A. 2-3901, and amendments thereto, in connection with such
6120	6120	employment as described in K.S.A. 2-3902, and amendments thereto;
6121	6121	(B) the department of agriculture for applicants for licensure as a
6122	6122	hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
6123	6123	connection with such application as described in K.S.A. 2-3906, and
6124	6124	amendments thereto;
6125	6125	(C) the office of state fire marshal for applicants for registration as a
6126	6126	hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
6127	6127	connection with such application as described in K.S.A. 2-3907, and
6128	6128	amendments thereto;
6129	6129	(D) the department of agriculture for hemp destruction employees as
6130	6130	defined in K.S.A. 2-3901, and amendments thereto, in connection with
6131	6131	such employment as described in K.S.A. 2-3911, and amendments thereto;
6132	6132	(E) the bank commissioner for any applicant as defined in K.S.A. 9-
6133	6133	508, and amendments thereto, in connection with such application as
6134	6134	described in K.S.A. 9-509, and amendments thereto;
6135	6135	(F) the bank commissioner for an applicant for employment as a new
6136	6136	executive officer or director with a money transmitter company as
6137	6137	described in K.S.A. 9-513e, and amendments thereto;
6138	6138	(G) the bank commissioner for any applicant as defined in K.S.A. 9-
6139	6139	1719, and amendments thereto, in connection with such application as
6140	6140	described in K.S.A. 9-1722, and amendments thereto;
6141	6141	(H) the bank commissioner for an applicant, registrant or licensee as
6142	6142	defined in K.S.A. 9-2201, and amendments thereto, in connection with
6143	6143	1
6144	6144	2
6145	6145	3
6146	6146	4
6147	6147	5
6148	6148	6
6149	6149	7
6150	6150	8
6151	6151	9
6152	6152	10
6153	6153	11
6154	6154	12
6155	6155	13
6156	6156	14
6157	6157	15
6158	6158	16
6159	6159	17
6160	6160	18
6161	6161	19
6162	6162	20
6163	6163	21
6164	6164	22
6165	6165	23
6166	6166	24
6167	6167	25
6168	6168	26
6169	6169	27
6170	6170	28
6171	6171	29
6172	6172	30
6173	6173	31
6174	6174	32
6175	6175	33
6176	6176	34
6177	6177	35
6178	6178	36
6179	6179	37
6180	6180	38
6181	6181	39
6182	6182	40
6183	6183	41
6184	6184	42
6185	6185	43 SB 294 73
6186	6186	such application, registration or license as described in K.S.A. 9-2209, and
6187	6187	amendments thereto;
6188	6188	(I) the state banking board for any officer, director or organizer of a
6189	6189	proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
6190	6190	amendments thereto, in connection with such role as described in K.S.A.
6191	6191	9-2302, and amendments thereto;
6192	6192	(J) municipalities for applicants for merchant or security police as
6193	6193	described in K.S.A. 12-1679, and amendments thereto;
6194	6194	(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
6195	6195	104, and amendments thereto, in connection with such application as
6196	6196	described in K.S.A. 16a-6-104, and amendments thereto;
6197	6197	(L) the state department of credit unions for every candidate as
6198	6198	defined in K.S.A. 17-2234, and amendments thereto, in connection with
6199	6199	such employment as described in K.S.A. 17-2234, and amendments
6200	6200	thereto;
6201	6201	(M) the division of alcoholic beverage control within the department
6202	6202	of revenue for applicants as defined in K.S.A. 41-102, and amendments
6203	6203	thereto, in connection with such application as described in K.S.A. 41-
6204	6204	311b, and amendments thereto;
6205	6205	(N) the division of post audit for employees as defined in K.S.A. 46-
6206	6206	1103, and amendments thereto, in connection with such employment as
6207	6207	described in K.S.A. 46-1103, and amendments thereto;
6208	6208	(O) the bank commissioner for licensees as defined in K.S.A. 50-
6209	6209	1126, and amendments thereto, in connection with such license as
6210	6210	described in K.S.A. 50-1128, and amendments thereto;
6211	6211	(P) the real estate appraisal board for licensees as defined in K.S.A.
6212	6212	58-4102, and amendments thereto, in connection with an application or
6213	6213	investigation as described in K.S.A. 58-4127, and amendments thereto;
6214	6214	(Q) the real estate appraisal board for applicants as defined in K.S.A.
6215	6215	58-4703, and amendments thereto, in connection with such application as
6216	6216	described in K.S.A. 58-4709, and amendments thereto;
6217	6217	(R) the department of health and environment for an employee as
6218	6218	defined in K.S.A. 65-2401, and amendments thereto, in connection with
6219	6219	such employment as described in K.S.A. 65-2402, and amendments
6220	6220	thereto;
6221	6221	(S) the Kansas commission on veterans affairs office for candidates
6222	6222	as defined in K.S.A. 73-1210a, and amendments thereto, in connection
6223	6223	with an application as described in K.S.A. 73-1210a, and amendments
6224	6224	thereto;
6225	6225	(T) a senate standing committee for a member named, appointed or
6226	6226	elected to the public employee retirement systems board of trustee
6227	6227	membership as described in K.S.A. 74-4905, and amendments thereto;
6228	6228	(U) the attorney general for applicants as defined in K.S.A. 75-7e01,
6229	6229	1
6230	6230	2
6231	6231	3
6232	6232	4
6233	6233	5
6234	6234	6
6235	6235	7
6236	6236	8
6237	6237	9
6238	6238	10
6239	6239	11
6240	6240	12
6241	6241	13
6242	6242	14
6243	6243	15
6244	6244	16
6245	6245	17
6246	6246	18
6247	6247	19
6248	6248	20
6249	6249	21
6250	6250	22
6251	6251	23
6252	6252	24
6253	6253	25
6254	6254	26
6255	6255	27
6256	6256	28
6257	6257	29
6258	6258	30
6259	6259	31
6260	6260	32
6261	6261	33
6262	6262	34
6263	6263	35
6264	6264	36
6265	6265	37
6266	6266	38
6267	6267	39
6268	6268	40
6269	6269	41
6270	6270	42
6271	6271	43 SB 294 74
6272	6272	and amendments thereto, in connection with such application as described
6273	6273	in K.S.A. 75-7e03, and amendments thereto;
6274	6274	(V) the department of revenue for employees as defined in K.S.A. 75-
6275	6275	5133c, and amendments thereto, in connection with such employment as
6276	6276	described in K.S.A. 75-5133c, and amendments thereto;
6277	6277	(W) the divison of motor vehicles within the department of revenue
6278	6278	for employees as defined in K.S.A. 75-5156, and amendments thereto, in
6279	6279	connection with such employment as described in K.S.A. 75-5156, and
6280	6280	amendments thereto;
6281	6281	(X) the Kansas commission for the deaf and hard of hearing for
6282	6282	applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
6283	6283	connection with such application as described in K.S.A. 75-5393a, and
6284	6284	amendments thereto;
6285	6285	(Y) the Kansas commission for the deaf and hard of hearing for
6286	6286	employees as defined in K.S.A. 75-5397f, and amendments thereto, in
6287	6287	connection with such employment as described in K.S.A. 75-5393c, and
6288	6288	amendments thereto;
6289	6289	(Z) the department of health and environment for employees as
6290	6290	defined in K.S.A. 75-5609a, and amendments thereto, in connection with
6291	6291	such employment as described in K.S.A. 75-5609a, and amendments
6292	6292	thereto; and
6293	6293	(AA) an executive branch agency head for employees as defined in
6294	6294	K.S.A. 75-7241, and amendments thereto, in connection with such
6295	6295	employment as described in K.S.A. 75-7241, and amendments thereto;
6296	6296	and
6297	6297	(BB) the director of alcoholic beverage control for applicants as
6298	6298	described in section 19, and amendments thereto, in connection with such
6299	6299	applications as described in section 17, and amendments thereto.
6300	6300	(c) State and local law enforcement agencies shall assist with taking
6301	6301	fingerprints of individuals as authorized by this section.
6302	6302	(d) Any board, commission, committee or other public body shall
6303	6303	recess into a closed executive session pursuant to K.S.A. 75-4319, and
6304	6304	amendments thereto, to receive and discuss criminal history record
6305	6305	information obtained pursuant to this section.
6306	6306	(e) The Kansas bureau of investigation may charge a reasonable fee
6307	6307	for conducting a criminal history record check.
6308	6308	(f) (1) Fingerprints and criminal history record information received
6309	6309	pursuant to this section shall be confidential and shall not be subject to the
6310	6310	provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
6311	6311	amendments thereto. The provisions of this paragraph shall expire on July
6312	6312	1, 2029, unless the legislature reviews and reenacts this provision pursuant
6313	6313	to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
6314	6314	(2) Disclosure or use of any information received pursuant to this
6315	6315	1
6316	6316	2
6317	6317	3
6318	6318	4
6319	6319	5
6320	6320	6
6321	6321	7
6322	6322	8
6323	6323	9
6324	6324	10
6325	6325	11
6326	6326	12
6327	6327	13
6328	6328	14
6329	6329	15
6330	6330	16
6331	6331	17
6332	6332	18
6333	6333	19
6334	6334	20
6335	6335	21
6336	6336	22
6337	6337	23
6338	6338	24
6339	6339	25
6340	6340	26
6341	6341	27
6342	6342	28
6343	6343	29
6344	6344	30
6345	6345	31
6346	6346	32
6347	6347	33
6348	6348	34
6349	6349	35
6350	6350	36
6351	6351	37
6352	6352	38
6353	6353	39
6354	6354	40
6355	6355	41
6356	6356	42
6357	6357	43 SB 294 75
6358	6358	section for any purpose other than the purpose described in this section
6359	6359	shall be a class A nonperson misdemeanor and shall constitute grounds for
6360	6360	removal from office.
6361	6361	Sec. 58. K.S.A. 23-3201 is hereby amended to read as follows: 23-
6362	6362	3201. (a) The court shall determine legal custody, residency and parenting
6363	6363	time of a child in accordance with the best interests of the child.
6364	6364	(b) The court shall not consider the fact that a parent consumes
6365	6365	medical cannabis or medical cannabis products, as defined in section 2,
6366	6366	and amendments thereto, in accordance with the Kansas medical cannabis
6367	6367	act, section 1 et seq., and amendments thereto, when determining the legal
6368	6368	custody, residency or parenting time of a child.
6369	6369	Sec. 59. K.S.A. 38-2269 is hereby amended to read as follows: 38-
6370	6370	2269. (a) When the child has been adjudicated to be a child in need of
6371	6371	care, the court may terminate parental rights or appoint a permanent
6372	6372	custodian when the court finds by clear and convincing evidence that the
6373	6373	parent is unfit by reason of conduct or condition which renders the parent
6374	6374	unable to care properly for a child and the conduct or condition is unlikely
6375	6375	to change in the foreseeable future.
6376	6376	(b) In making a determination of unfitness the court shall consider,
6377	6377	but is not limited to, the following, if applicable:
6378	6378	(1) Emotional illness, mental illness, mental deficiency or physical
6379	6379	disability of the parent, of such duration or nature as to render the parent
6380	6380	unable to care for the ongoing physical, mental and emotional needs of the
6381	6381	child;
6382	6382	(2) conduct toward a child of a physically, emotionally or sexually
6383	6383	cruel or abusive nature;
6384	6384	(3) the use of intoxicating liquors or narcotic or dangerous drugs of
6385	6385	such duration or nature as to render the parent unable to care for the
6386	6386	ongoing physical, mental or emotional needs of the child, except that the
6387	6387	use of medical cannabis or medical cannabis products, as defined in
6388	6388	section 2, and amendments thereto, in accordance with the Kansas
6389	6389	medical cannabis act, section 1 et seq., and amendments thereto, shall not
6390	6390	be considered to render the parent unable to care for the ongoing physical,
6391	6391	mental or emotional needs of the child;
6392	6392	(4) physical, mental or emotional abuse or neglect or sexual abuse of
6393	6393	a child;
6394	6394	(5) conviction of a felony and imprisonment;
6395	6395	(6) unexplained injury or death of another child or stepchild of the
6396	6396	parent or any child in the care of the parent at the time of injury or death;
6397	6397	(7) failure of reasonable efforts made by appropriate public or private
6398	6398	agencies to rehabilitate the family;
6399	6399	(8) lack of effort on the part of the parent to adjust the parent's
6400	6400	circumstances, conduct or conditions to meet the needs of the child; and
6401	6401	1
6402	6402	2
6403	6403	3
6404	6404	4
6405	6405	5
6406	6406	6
6407	6407	7
6408	6408	8
6409	6409	9
6410	6410	10
6411	6411	11
6412	6412	12
6413	6413	13
6414	6414	14
6415	6415	15
6416	6416	16
6417	6417	17
6418	6418	18
6419	6419	19
6420	6420	20
6421	6421	21
6422	6422	22
6423	6423	23
6424	6424	24
6425	6425	25
6426	6426	26
6427	6427	27
6428	6428	28
6429	6429	29
6430	6430	30
6431	6431	31
6432	6432	32
6433	6433	33
6434	6434	34
6435	6435	35
6436	6436	36
6437	6437	37
6438	6438	38
6439	6439	39
6440	6440	40
6441	6441	41
6442	6442	42
6443	6443	43 SB 294 76
6444	6444	(9) whether, as a result of the actions or inactions attributable to the
6445	6445	parent and one or more of the factors listed in subsection (c) apply, the
6446	6446	child has been in the custody of the secretary and placed with neither
6447	6447	parent for 15 of the most recent 22 months beginning 60 days after the
6448	6448	date on which a child in the secretary's custody was removed from the
6449	6449	child's home.
6450	6450	(c) In addition to the foregoing, when a child is not in the physical
6451	6451	custody of a parent, the court, shall consider, but is not limited to, the
6452	6452	following:
6453	6453	(1) Failure to assure care of the child in the parental home when able
6454	6454	to do so;
6455	6455	(2) failure to maintain regular visitation, contact or communication
6456	6456	with the child or with the custodian of the child;
6457	6457	(3) failure to carry out a reasonable plan approved by the court
6458	6458	directed toward the integration of the child into a parental home; and
6459	6459	(4) failure to pay a reasonable portion of the cost of substitute
6460	6460	physical care and maintenance based on ability to pay.
6461	6461	In making the above determination, the court may disregard incidental
6462	6462	visitations, contacts, communications or contributions.
6463	6463	(d) A finding of unfitness may be made as provided in this section if
6464	6464	the court finds that the parents have abandoned the child, the custody of
6465	6465	the child was surrendered pursuant to K.S.A. 38-2282, and amendments
6466	6466	thereto, or the child was left under such circumstances that the identity of
6467	6467	the parents is unknown and cannot be ascertained, despite diligent
6468	6468	searching, and the parents have not come forward to claim the child within
6469	6469	three months after the child is found.
6470	6470	(e) If a person is convicted of a felony in which sexual intercourse
6471	6471	occurred, or if a juvenile is adjudicated a juvenile offender because of an
6472	6472	act which, if committed by an adult, would be a felony in which sexual
6473	6473	intercourse occurred, and as a result of the sexual intercourse, a child is
6474	6474	conceived, a finding of unfitness may be made.
6475	6475	(f) The existence of any one of the above factors standing alone may,
6476	6476	but does not necessarily, establish grounds for termination of parental
6477	6477	rights.
6478	6478	(g) (1) If the court makes a finding of unfitness, the court shall
6479	6479	consider whether termination of parental rights as requested in the petition
6480	6480	or motion is in the best interests of the child. In making the determination,
6481	6481	the court shall give primary consideration to the physical, mental and
6482	6482	emotional health of the child. If the physical, mental or emotional needs of
6483	6483	the child would best be served by termination of parental rights, the court
6484	6484	shall so order. A termination of parental rights under the code shall not
6485	6485	terminate the right of a child to inherit from or through a parent. Upon
6486	6486	such termination all rights of the parent to such child, including, such
6487	6487	1
6488	6488	2
6489	6489	3
6490	6490	4
6491	6491	5
6492	6492	6
6493	6493	7
6494	6494	8
6495	6495	9
6496	6496	10
6497	6497	11
6498	6498	12
6499	6499	13
6500	6500	14
6501	6501	15
6502	6502	16
6503	6503	17
6504	6504	18
6505	6505	19
6506	6506	20
6507	6507	21
6508	6508	22
6509	6509	23
6510	6510	24
6511	6511	25
6512	6512	26
6513	6513	27
6514	6514	28
6515	6515	29
6516	6516	30
6517	6517	31
6518	6518	32
6519	6519	33
6520	6520	34
6521	6521	35
6522	6522	36
6523	6523	37
6524	6524	38
6525	6525	39
6526	6526	40
6527	6527	41
6528	6528	42
6529	6529	43 SB 294 77
6530	6530	parent's right to inherit from or through such child, shall cease.
6531	6531	(2) If the court terminates parental rights, the court may authorize
6532	6532	adoption pursuant to K.S.A. 38-2270, and amendments thereto,
6533	6533	appointment of a permanent custodian pursuant to K.S.A. 38-2272, and
6534	6534	amendments thereto, or continued permanency planning.
6535	6535	(3) If the court does not terminate parental rights, the court may
6536	6536	authorize appointment of a permanent custodian pursuant to K.S.A. 38-
6537	6537	2272, and amendments thereto, or continued permanency planning.
6538	6538	(h) If a parent is convicted of an offense as provided in K.S.A. 38-
6539	6539	2271(a)(7), and amendments thereto, or is adjudicated a juvenile offender
6540	6540	because of an act which if committed by an adult would be an offense as
6541	6541	provided in K.S.A. 38-2271(a)(7), and amendments thereto, and if the
6542	6542	victim was the other parent of a child, the court may disregard such
6543	6543	convicted or adjudicated parent's opinions or wishes in regard to the
6544	6544	placement of such child.
6545	6545	(i) A record shall be made of the proceedings.
6546	6546	(j) When adoption, proceedings to appoint a permanent custodian or
6547	6547	continued permanency planning has been authorized, the person or agency
6548	6548	awarded custody of the child shall within 30 days submit a written plan for
6549	6549	permanent placement which shall include measurable objectives and time
6550	6550	schedules.
6551	6551	Sec. 60. K.S.A. 2024 Supp. 44-501 is hereby amended to read as
6552	6552	follows: 44-501. (a) (1) Compensation for an injury shall be disallowed if
6553	6553	such injury to the employee results from:
6554	6554	(A) The employee's deliberate intention to cause such injury;
6555	6555	(B) the employee's willful failure to use a guard or protection against
6556	6556	accident or injury which is required pursuant to any statute and provided
6557	6557	for the employee;
6558	6558	(C) the employee's willful failure to use a reasonable and proper
6559	6559	guard and protection voluntarily furnished the employee by the employer;
6560	6560	(D) the employee's reckless violation of their employer's workplace
6561	6561	safety rules or regulations; or
6562	6562	(E) the employee's voluntary participation in fighting or horseplay
6563	6563	with a co-employee for any reason, work related or otherwise.
6564	6564	(2) Subparagraphs (B) and (C) of paragraph (1) of subsection
6565	6565	(a)Subsections (a)(1)(B) and (a)(1)(C) shall not apply when it was
6566	6566	reasonable under the totality of the circumstances to not use such
6567	6567	equipment, or if the employer approved the work engaged in at the time of
6568	6568	an accident or injury to be performed without such equipment.
6569	6569	(b) (1) (A) The employer shall not be liable under the workers
6570	6570	compensation act where the injury, disability or death was contributed to
6571	6571	by the employee's use or consumption of alcohol or any drugs, chemicals
6572	6572	or any other compounds or substances, including, but not limited to, any
6573	6573	1
6574	6574	2
6575	6575	3
6576	6576	4
6577	6577	5
6578	6578	6
6579	6579	7
6580	6580	8
6581	6581	9
6582	6582	10
6583	6583	11
6584	6584	12
6585	6585	13
6586	6586	14
6587	6587	15
6588	6588	16
6589	6589	17
6590	6590	18
6591	6591	19
6592	6592	20
6593	6593	21
6594	6594	22
6595	6595	23
6596	6596	24
6597	6597	25
6598	6598	26
6599	6599	27
6600	6600	28
6601	6601	29
6602	6602	30
6603	6603	31
6604	6604	32
6605	6605	33
6606	6606	34
6607	6607	35
6608	6608	36
6609	6609	37
6610	6610	38
6611	6611	39
6612	6612	40
6613	6613	41
6614	6614	42
6615	6615	43 SB 294 78
6616	6616	drugs or medications which that are available to the public without a
6617	6617	prescription from a healthcare provider, prescription drugs or medications,
6618	6618	any form or type of narcotic drugs, marijuana, stimulants, depressants or
6619	6619	hallucinogens.
6620	6620	(B) (i) In the case of drugs or medications which are available to the
6621	6621	public without a prescription from a healthcare provider and prescription
6622	6622	drugs or medications, compensation shall not be denied if the employee
6623	6623	can show that such drugs or medications were being taken or used in
6624	6624	therapeutic doses and there have been no prior incidences of the
6625	6625	employee's impairment on the job as the result of the use of such drugs or
6626	6626	medications within the previous 24 months.
6627	6627	(ii) In the case of cannabis, including any cannabis derivatives,
6628	6628	compensation shall not be denied if the employee has been issued a valid
6629	6629	identification card pursuant to the Kansas medical cannabis act, section 1
6630	6630	et seq., and amendments thereto, such cannabis or cannabis derivative
6631	6631	was used in accordance with such act, and there has been no prior
6632	6632	incidence of the employee's impairment on the job as a result of the use of
6633	6633	such cannabis or cannabis derivative within the immediately preceding 24
6634	6634	months.
6635	6635	(C) It shall be conclusively presumed that the employee was impaired
6636	6636	due to alcohol or drugs if it is shown that, at the time of the injury, the
6637	6637	employee had an alcohol concentration of .04 or more, or a GCMS
6638	6638	confirmatory test by quantitative analysis showing a concentration at or
6639	6639	above the levels shown on the following chart for the drugs of abuse listed:
6640	6640	Confirmatory
6641	6641	test cutoff
6642	6642	levels (ng/ml)
6643	6643	Marijuana metabolite
6644	6644	1
6645	6645	..............................................................15
6646	6646	Cocaine metabolite
6647	6647	2
6648	6648	..................................................................150
6649	6649	Opiates:
6650	6650	Morphine .............................................................................2000
6651	6651	Codeine ...............................................................................2000
6652	6652	6-Acetylmorphine
6653	6653	4
6654	6654	...................................................................10 ng/ml
6655	6655	Phencyclidine ...........................................................................25
6656	6656	Amphetamines:
6657	6657	Amphetamine ......................................................................500
6658	6658	Methamphetamine
6659	6659	3
6660	6660	..............................................................500
6661	6661	1
6662	6662	Delta-9-tetrahydrocannabinol-9-carboxylic acid.
6663	6663	2
6664	6664	Benzoylecgonine.
6665	6665	3
6666	6666	Specimen must also contain amphetamine at a concentration greater
6667	6667	than or equal to 200 ng/ml.
6668	6668	4
6669	6669	Test for 6-AM when morphine concentration exceeds 2,000 ng/ml.
6670	6670	(D) If it is shown that the employee was impaired pursuant to
6671	6671	1
6672	6672	2
6673	6673	3
6674	6674	4
6675	6675	5
6676	6676	6
6677	6677	7
6678	6678	8
6679	6679	9
6680	6680	10
6681	6681	11
6682	6682	12
6683	6683	13
6684	6684	14
6685	6685	15
6686	6686	16
6687	6687	17
6688	6688	18
6689	6689	19
6690	6690	20
6691	6691	21
6692	6692	22
6693	6693	23
6694	6694	24
6695	6695	25
6696	6696	26
6697	6697	27
6698	6698	28
6699	6699	29
6700	6700	30
6701	6701	31
6702	6702	32
6703	6703	33
6704	6704	34
6705	6705	35
6706	6706	36
6707	6707	37
6708	6708	38
6709	6709	39
6710	6710	40
6711	6711	41
6712	6712	42
6713	6713	43 SB 294 79
6714	6714	subsection (b)(1)(C) at the time of the injury, there shall be a rebuttable
6715	6715	presumption that the accident, injury, disability or death was contributed to
6716	6716	by such impairment. The employee may overcome the presumption of
6717	6717	contribution by clear and convincing evidence.
6718	6718	(E) An employee's refusal to submit to a chemical test at the request
6719	6719	of the employer shall result in the forfeiture of benefits under the workers
6720	6720	compensation act if the employer had sufficient cause to suspect the use of
6721	6721	alcohol or drugs by the claimant or if the employer's policy clearly
6722	6722	authorizes post-injury testing.
6723	6723	(2) The results of a chemical test shall be admissible evidence to
6724	6724	prove impairment if the employer establishes that the testing was done
6725	6725	under any of the following circumstances:
6726	6726	(A) As a result of an employer mandated drug testing policy, in place
6727	6727	in writing prior to the date of accident or injury, requiring any worker to
6728	6728	submit to testing for drugs or alcohol;
6729	6729	(B) during an autopsy or in the normal course of medical treatment
6730	6730	for reasons related to the health and welfare of the injured worker and not
6731	6731	at the direction of the employer;
6732	6732	(C) the worker, prior to the date and time of the accident or injury,
6733	6733	gave written consent to the employer that the worker would voluntarily
6734	6734	submit to a chemical test for drugs or alcohol following any accident or
6735	6735	injury;
6736	6736	(D) the worker voluntarily agrees to submit to a chemical test for
6737	6737	drugs or alcohol following any accident or injury; or
6738	6738	(E) as a result of federal or state law or a federal or state rule or
6739	6739	regulation having the force and effect of law requiring a post-injury testing
6740	6740	program and such required program was properly implemented at the time
6741	6741	of testing.
6742	6742	(3) Notwithstanding subsection (b)(2), the results of a chemical test
6743	6743	performed on a sample collected by an employer shall not be admissible
6744	6744	evidence to prove impairment unless the following conditions are met:
6745	6745	(A) The test sample was collected within a reasonable time following
6746	6746	the accident or injury;
6747	6747	(B) the collecting and labeling of the test sample was performed by or
6748	6748	under the supervision of a licensed healthcare professional;
6749	6749	(C) the test was performed by a laboratory approved by the United
6750	6750	States department of health and human services or licensed by the
6751	6751	department of health and environment, except that a blood sample may be
6752	6752	tested for alcohol content by a laboratory commonly used for that purpose
6753	6753	by state law enforcement agencies;
6754	6754	(D) the test was confirmed by gas chromatography-mass
6755	6755	spectroscopy or other comparably reliable analytical method, except that
6756	6756	no such confirmation is required for a blood alcohol sample;
6757	6757	1
6758	6758	2
6759	6759	3
6760	6760	4
6761	6761	5
6762	6762	6
6763	6763	7
6764	6764	8
6765	6765	9
6766	6766	10
6767	6767	11
6768	6768	12
6769	6769	13
6770	6770	14
6771	6771	15
6772	6772	16
6773	6773	17
6774	6774	18
6775	6775	19
6776	6776	20
6777	6777	21
6778	6778	22
6779	6779	23
6780	6780	24
6781	6781	25
6782	6782	26
6783	6783	27
6784	6784	28
6785	6785	29
6786	6786	30
6787	6787	31
6788	6788	32
6789	6789	33
6790	6790	34
6791	6791	35
6792	6792	36
6793	6793	37
6794	6794	38
6795	6795	39
6796	6796	40
6797	6797	41
6798	6798	42
6799	6799	43 SB 294 80
6800	6800	(E) the foundation evidence must establish, beyond a reasonable
6801	6801	doubt, that the test results were from the sample taken from the employee;
6802	6802	and
6803	6803	(F) a split sample sufficient for testing shall be retained and made
6804	6804	available to the employee within 48 hours of a positive test.
6805	6805	(c) (1) Except as provided in paragraph (2), compensation shall not
6806	6806	be paid in case of coronary or coronary artery disease or cerebrovascular
6807	6807	injury unless it is shown that the exertion of the work necessary to
6808	6808	precipitate the disability was more than the employee's usual work in the
6809	6809	course of the employee's regular employment.
6810	6810	(2) For events occurring on or after July 1, 2014, in the case of a
6811	6811	firefighter as defined by K.S.A. 40-1709(b)(1), and amendments thereto,
6812	6812	or a law enforcement officer as defined by K.S.A. 74-5602, and
6813	6813	amendments thereto, coronary or coronary artery disease or
6814	6814	cerebrovascular injury shall be compensable if:
6815	6815	(A) The injury can be identified as caused by a specific event
6816	6816	occurring in the course and scope of employment;
6817	6817	(B) the coronary or cerebrovascular injury occurred within 24 hours
6818	6818	of the specific event; and
6819	6819	(C) the specific event was the prevailing factor in causing the
6820	6820	coronary or coronary artery disease or cerebrovascular injury.
6821	6821	(d) Except as provided in the workers compensation act, no
6822	6822	construction design professional who is retained to perform professional
6823	6823	services on a construction project or any employee of a construction
6824	6824	design professional who is assisting or representing the construction
6825	6825	design professional in the performance of professional services on the site
6826	6826	of the construction project, shall be liable for any injury resulting from the
6827	6827	employer's failure to comply with safety standards on the construction
6828	6828	project for which compensation is recoverable under the workers
6829	6829	compensation act, unless responsibility for safety practices is specifically
6830	6830	assumed by contract. The immunity provided by this subsection to any
6831	6831	construction design professional shall not apply to the negligent
6832	6832	preparation of design plans or specifications.
6833	6833	(e) An award of compensation for permanent partial impairment,
6834	6834	work disability, or permanent total disability shall be reduced by the
6835	6835	amount of functional impairment determined to be preexisting to the same
6836	6836	physical structure as the body part injured. Any such reduction shall not
6837	6837	apply to temporary total disability, nor shall it apply to compensation for
6838	6838	medical treatment.
6839	6839	(1) Where workers compensation benefits have previously been
6840	6840	awarded through settlement or judicial or administrative determination in
6841	6841	Kansas, the percentage basis of the prior settlement or award shall
6842	6842	conclusively establish the amount of functional impairment determined to
6843	6843	1
6844	6844	2
6845	6845	3
6846	6846	4
6847	6847	5
6848	6848	6
6849	6849	7
6850	6850	8
6851	6851	9
6852	6852	10
6853	6853	11
6854	6854	12
6855	6855	13
6856	6856	14
6857	6857	15
6858	6858	16
6859	6859	17
6860	6860	18
6861	6861	19
6862	6862	20
6863	6863	21
6864	6864	22
6865	6865	23
6866	6866	24
6867	6867	25
6868	6868	26
6869	6869	27
6870	6870	28
6871	6871	29
6872	6872	30
6873	6873	31
6874	6874	32
6875	6875	33
6876	6876	34
6877	6877	35
6878	6878	36
6879	6879	37
6880	6880	38
6881	6881	39
6882	6882	40
6883	6883	41
6884	6884	42
6885	6885	43 SB 294 81
6886	6886	be preexisting. Where workers compensation benefits have not previously
6887	6887	been awarded through settlement or judicial or administrative
6888	6888	determination in Kansas, the amount of preexisting functional impairment
6889	6889	shall be established by competent evidence.
6890	6890	(2) In all cases, the applicable reduction shall be calculated as
6891	6891	follows:
6892	6892	(A) If the preexisting impairment is the result of injury sustained
6893	6893	while working for the employer against whom workers compensation
6894	6894	benefits are currently being sought, any award of compensation shall be
6895	6895	reduced by the current dollar value attributable under the workers
6896	6896	compensation act to the percentage of functional impairment determined to
6897	6897	be preexisting. The "current dollar value" shall be calculated by
6898	6898	multiplying the percentage of preexisting impairment by the compensation
6899	6899	rate in effect on the date of the accident or injury against which the
6900	6900	reduction will be applied.
6901	6901	(B) In all other cases, the employer against whom benefits are
6902	6902	currently being sought shall be entitled to a credit for the percentage of
6903	6903	preexisting impairment.
6904	6904	(f) If the employee receives retirement benefits under the federal
6905	6905	social security act, any compensation benefit payments for permanent
6906	6906	partial disability or permanent total disability that the employee is eligible
6907	6907	to receive under the workers compensation act for such claim shall be
6908	6908	reduced by 50% of the weekly equivalent amount of such retirement
6909	6909	benefits, but in no event shall the workers compensation benefit be less
6910	6910	than the workers compensation benefit payable for the employee's
6911	6911	percentage of functional impairment. The reduction in benefits allowed by
6912	6912	this subsection shall not apply to temporary total disability compensation
6913	6913	or temporary partial disability compensation.
6914	6914	(g) If the employee receives retirement benefits from any other
6915	6915	retirement system, program, policy or plan that is provided by the
6916	6916	employer against whom the claim is being made, any compensation for
6917	6917	permanent partial disability or permanent total disability benefits the
6918	6918	employee is eligible to receive under the workers compensation act for the
6919	6919	claim shall be reduced by the weekly equivalent amount of such retirement
6920	6920	benefits less any portion of any such retirement benefit that is attributable
6921	6921	to payments or contributions made by the employee. In no event shall the
6922	6922	workers compensation benefit be less than the workers compensation
6923	6923	benefit payable for the employee's percentage of functional impairment.
6924	6924	The credit allowed by this subsection shall not apply to temporary total
6925	6925	disability compensation or temporary partial disability compensation.
6926	6926	(h) Where the employee elects to take retirement benefits in a lump
6927	6927	sum, the lump sum payment shall be amortized at the rate of 4% per year
6928	6928	over the employee's life expectancy to determine the weekly equivalent
6929	6929	1
6930	6930	2
6931	6931	3
6932	6932	4
6933	6933	5
6934	6934	6
6935	6935	7
6936	6936	8
6937	6937	9
6938	6938	10
6939	6939	11
6940	6940	12
6941	6941	13
6942	6942	14
6943	6943	15
6944	6944	16
6945	6945	17
6946	6946	18
6947	6947	19
6948	6948	20
6949	6949	21
6950	6950	22
6951	6951	23
6952	6952	24
6953	6953	25
6954	6954	26
6955	6955	27
6956	6956	28
6957	6957	29
6958	6958	30
6959	6959	31
6960	6960	32
6961	6961	33
6962	6962	34
6963	6963	35
6964	6964	36
6965	6965	37
6966	6966	38
6967	6967	39
6968	6968	40
6969	6969	41
6970	6970	42
6971	6971	43 SB 294 82
6972	6972	value of the benefits.
6973	6973	Sec. 61. K.S.A. 2024 Supp. 44-706 is hereby amended to read as
6974	6974	follows: 44-706. The secretary shall examine whether an individual has
6975	6975	separated from employment for each week claimed. The secretary shall
6976	6976	apply the provisions of this section to the individual's most recent
6977	6977	employment prior to the week claimed. An individual shall be disqualified
6978	6978	for benefits:
6979	6979	(a) If the individual left work voluntarily without good cause
6980	6980	attributable to the work or the employer, subject to the other provisions of
6981	6981	this subsection. For purposes of this subsection, "good cause" is cause of
6982	6982	such gravity that would impel a reasonable, not supersensitive, individual
6983	6983	exercising ordinary common sense to leave employment. Good cause
6984	6984	requires a showing of good faith of the individual leaving work, including
6985	6985	the presence of a genuine desire to work. Failure to return to work after
6986	6986	expiration of approved personal or medical leave, or both, shall be
6987	6987	considered a voluntary resignation. After a temporary job assignment,
6988	6988	failure of an individual to affirmatively request an additional assignment
6989	6989	on the next succeeding workday, if required by the employment
6990	6990	agreement, after completion of a given work assignment, shall constitute
6991	6991	leaving work voluntarily. The disqualification shall begin the day
6992	6992	following the separation and shall continue until after the individual has
6993	6993	become reemployed and has had earnings from insured work of at least
6994	6994	three times the individual's weekly benefit amount. An individual shall not
6995	6995	be disqualified under this subsection if:
6996	6996	(1) The individual was forced to leave work because of illness or
6997	6997	injury upon the advice of a licensed and practicing healthcare provider
6998	6998	and, upon learning of the necessity for absence, immediately notified the
6999	6999	employer thereof, or the employer consented to the absence, and after
7000	7000	recovery from the illness or injury, when recovery was certified by a
7001	7001	practicing health care provider, the individual returned to the employer and
7002	7002	offered to perform services and the individual's regular work or
7003	7003	comparable and suitable work was not available. As used in this paragraph
7004	7004	"healthcare provider" means any person licensed by the proper licensing
7005	7005	authority of any state to engage in the practice of medicine and surgery,
7006	7006	osteopathy, chiropractic, dentistry, optometry, podiatry or psychology;
7007	7007	(2) the individual left temporary work to return to the regular
7008	7008	employer;
7009	7009	(3) the individual left work to enter active service in the armed forces
7010	7010	of the United States but was rejected or delayed from entry;
7011	7011	(4) The spouse of an individual who is a member of the armed forces
7012	7012	of the United States who left work because of the voluntary or involuntary
7013	7013	transfer of the individual's spouse from one job to another job that is for
7014	7014	the same employer or for a different employer, at a geographic location
7015	7015	1
7016	7016	2
7017	7017	3
7018	7018	4
7019	7019	5
7020	7020	6
7021	7021	7
7022	7022	8
7023	7023	9
7024	7024	10
7025	7025	11
7026	7026	12
7027	7027	13
7028	7028	14
7029	7029	15
7030	7030	16
7031	7031	17
7032	7032	18
7033	7033	19
7034	7034	20
7035	7035	21
7036	7036	22
7037	7037	23
7038	7038	24
7039	7039	25
7040	7040	26
7041	7041	27
7042	7042	28
7043	7043	29
7044	7044	30
7045	7045	31
7046	7046	32
7047	7047	33
7048	7048	34
7049	7049	35
7050	7050	36
7051	7051	37
7052	7052	38
7053	7053	39
7054	7054	40
7055	7055	41
7056	7056	42
7057	7057	43 SB 294 83
7058	7058	that makes it unreasonable for the individual to continue work at the
7059	7059	individual's job. For the purposes of this provision "member of the armed
7060	7060	forces" means a person performing active service in the army, navy,
7061	7061	marine corps, air force, space force, coast guard or any component of the
7062	7062	military reserves of the United States;
7063	7063	(5) the individual left work because of hazardous working conditions;
7064	7064	in determining whether or not working conditions are hazardous for an
7065	7065	individual, the degree of risk involved to the individual's health, safety and
7066	7066	morals, the individual's physical fitness and prior training and the working
7067	7067	conditions of workers engaged in the same or similar work for the same
7068	7068	and other employers in the locality shall be considered; as used in this
7069	7069	paragraph, "hazardous working conditions" means working conditions that
7070	7070	could result in a danger to the physical or mental well-being of the
7071	7071	individual; each determination as to whether hazardous working
7072	7072	conditions exist shall include, but shall not be limited to, a consideration
7073	7073	of: (A) The safety measures used or the lack thereof; and (B) the condition
7074	7074	of equipment or lack of proper equipment; no work shall be considered
7075	7075	hazardous if the working conditions surrounding the individual's work are
7076	7076	the same or substantially the same as the working conditions generally
7077	7077	prevailing among individuals performing the same or similar work for
7078	7078	other employers engaged in the same or similar type of activity;
7079	7079	(6) the individual left work to enter training approved under section
7080	7080	236(a)(1) of the federal trade act of 1974, provided the work left is not of a
7081	7081	substantially equal or higher skill level than the individual's past adversely
7082	7082	affected employment, as defined for purposes of the federal trade act of
7083	7083	1974, and wages for such work are not less than 80% of the individual's
7084	7084	average weekly wage as determined for the purposes of the federal trade
7085	7085	act of 1974;
7086	7086	(7) the individual left work because of unwelcome harassment of the
7087	7087	individual by the employer or another employee of which the employing
7088	7088	unit had knowledge and that would impel the average worker to give up
7089	7089	such worker's employment;
7090	7090	(8) the individual left work to accept better work; each determination
7091	7091	as to whether or not the work accepted is better work shall include, but
7092	7092	shall not be limited to, consideration of: (A) The rate of pay, the hours of
7093	7093	work and the probable permanency of the work left as compared to the
7094	7094	work accepted; (B) the cost to the individual of getting to the work left in
7095	7095	comparison to the cost of getting to the work accepted; and (C) the
7096	7096	distance from the individual's place of residence to the work accepted in
7097	7097	comparison to the distance from the individual's residence to the work left;
7098	7098	(9) the individual left work as a result of being instructed or requested
7099	7099	by the employer, a supervisor or a fellow employee to perform a service or
7100	7100	commit an act in the scope of official job duties that is in violation of an
7101	7101	1
7102	7102	2
7103	7103	3
7104	7104	4
7105	7105	5
7106	7106	6
7107	7107	7
7108	7108	8
7109	7109	9
7110	7110	10
7111	7111	11
7112	7112	12
7113	7113	13
7114	7114	14
7115	7115	15
7116	7116	16
7117	7117	17
7118	7118	18
7119	7119	19
7120	7120	20
7121	7121	21
7122	7122	22
7123	7123	23
7124	7124	24
7125	7125	25
7126	7126	26
7127	7127	27
7128	7128	28
7129	7129	29
7130	7130	30
7131	7131	31
7132	7132	32
7133	7133	33
7134	7134	34
7135	7135	35
7136	7136	36
7137	7137	37
7138	7138	38
7139	7139	39
7140	7140	40
7141	7141	41
7142	7142	42
7143	7143	43 SB 294 84
7144	7144	ordinance or statute;
7145	7145	(10) the individual left work because of a substantial violation of the
7146	7146	work agreement by the employing unit and, before the individual left, the
7147	7147	individual had exhausted all remedies provided in such agreement for the
7148	7148	settlement of disputes before terminating. For the purposes of this
7149	7149	paragraph, a demotion based on performance does not constitute a
7150	7150	violation of the work agreement;
7151	7151	(11) after making reasonable efforts to preserve the work, the
7152	7152	individual left work due to a personal emergency of such nature and
7153	7153	compelling urgency that it would be contrary to good conscience to
7154	7154	impose a disqualification; or
7155	7155	(12) (A) the individual left work due to circumstances resulting from
7156	7156	domestic violence, including:
7157	7157	(i) The individual's reasonable fear of future domestic violence at or
7158	7158	en route to or from the individual's place of employment;
7159	7159	(ii) the individual's need to relocate to another geographic area in
7160	7160	order to avoid future domestic violence;
7161	7161	(iii) the individual's need to address the physical, psychological and
7162	7162	legal impacts of domestic violence;
7163	7163	(iv) the individual's need to leave employment as a condition of
7164	7164	receiving services or shelter from an agency that provides support services
7165	7165	or shelter to victims of domestic violence; or
7166	7166	(v) the individual's reasonable belief that termination of employment
7167	7167	is necessary to avoid other situations that may cause domestic violence and
7168	7168	to provide for the future safety of the individual or the individual's family.
7169	7169	(B) An individual may prove the existence of domestic violence by
7170	7170	providing one of the following:
7171	7171	(i) A restraining order or other documentation of equitable relief by a
7172	7172	court of competent jurisdiction;
7173	7173	(ii) a police record documenting the abuse;
7174	7174	(iii) documentation that the abuser has been convicted of one or more
7175	7175	of the offenses enumerated in articles 34 and 35 of chapter 21 of the
7176	7176	Kansas Statutes Annotated, prior to their repeal, or articles 54 or 55 of
7177	7177	chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325,
7178	7178	21-6326 or 21-6418 through 21-6422, and amendments thereto, where the
7179	7179	victim was a family or household member;
7180	7180	(iv) medical documentation of the abuse;
7181	7181	(v) a statement provided by a counselor, social worker, health care
7182	7182	provider, clergy, shelter worker, legal advocate, domestic violence or
7183	7183	sexual assault advocate or other professional who has assisted the
7184	7184	individual in dealing with the effects of abuse on the individual or the
7185	7185	individual's family; or
7186	7186	(vi) a sworn statement from the individual attesting to the abuse.
7187	7187	1
7188	7188	2
7189	7189	3
7190	7190	4
7191	7191	5
7192	7192	6
7193	7193	7
7194	7194	8
7195	7195	9
7196	7196	10
7197	7197	11
7198	7198	12
7199	7199	13
7200	7200	14
7201	7201	15
7202	7202	16
7203	7203	17
7204	7204	18
7205	7205	19
7206	7206	20
7207	7207	21
7208	7208	22
7209	7209	23
7210	7210	24
7211	7211	25
7212	7212	26
7213	7213	27
7214	7214	28
7215	7215	29
7216	7216	30
7217	7217	31
7218	7218	32
7219	7219	33
7220	7220	34
7221	7221	35
7222	7222	36
7223	7223	37
7224	7224	38
7225	7225	39
7226	7226	40
7227	7227	41
7228	7228	42
7229	7229	43 SB 294 85
7230	7230	(C) No evidence of domestic violence experienced by an individual,
7231	7231	including the individual's statement and corroborating evidence, shall be
7232	7232	disclosed by the department of labor unless consent for disclosure is given
7233	7233	by the individual.
7234	7234	(b) If the individual has been discharged or suspended for misconduct
7235	7235	connected with the individual's work. The disqualification shall begin the
7236	7236	day following the separation and shall continue until after the individual
7237	7237	becomes reemployed and in cases where the disqualification is due to
7238	7238	discharge for misconduct has had earnings from insured work of at least
7239	7239	three times the individual's determined weekly benefit amount, except that
7240	7240	if an individual is discharged for gross misconduct connected with the
7241	7241	individual's work, such individual shall be disqualified for benefits until
7242	7242	such individual again becomes employed and has had earnings from
7243	7243	insured work of at least eight times such individual's determined weekly
7244	7244	benefit amount. In addition, all wage credits attributable to the
7245	7245	employment from which the individual was discharged for gross
7246	7246	misconduct connected with the individual's work shall be canceled. No
7247	7247	such cancellation of wage credits shall affect prior payments made as a
7248	7248	result of a prior separation.
7249	7249	(1) (A) As used in this subsection, "misconduct" means a violation of
7250	7250	a duty or obligation reasonably owed the employer as a condition of
7251	7251	employment including, but not limited to, a violation of a company rule,
7252	7252	including a safety rule, if: (A)(i) The individual knew or should have
7253	7253	known about the rule; (B)(ii) the rule was lawful and reasonably related to
7254	7254	the job; and (C)(iii) the rule was fairly and consistently enforced.
7255	7255	(B) "Misconduct" does not include any violation of a duty, obligation
7256	7256	or company rule, if: (i) The individual is a patient who has been issued a
7257	7257	valid identification card pursuant to section 9, and amendments thereto;
7258	7258	and (ii) the basis for the violation is the possession of such identification
7259	7259	card or the possession or use of medical cannabis or a medical cannabis
7260	7260	product, as such terms are defined in section 2, and amendments thereto,
7261	7261	in accordance with the Kansas medical cannabis act, section 1 et seq., and
7262	7262	amendments thereto.
7263	7263	(2) (A) Failure of the employee to notify the employer of an absence
7264	7264	and an individual's leaving work prior to the end of such individual's
7265	7265	assigned work period without permission shall be considered prima facie
7266	7266	evidence of a violation of a duty or obligation reasonably owed the
7267	7267	employer as a condition of employment.
7268	7268	(B) For the purposes of this subsection, misconduct shall include, but
7269	7269	not be limited to, violation of the employer's reasonable attendance
7270	7270	expectations if the facts show:
7271	7271	(i) The individual was absent or tardy without good cause;
7272	7272	(ii) the individual had knowledge of the employer's attendance
7273	7273	1
7274	7274	2
7275	7275	3
7276	7276	4
7277	7277	5
7278	7278	6
7279	7279	7
7280	7280	8
7281	7281	9
7282	7282	10
7283	7283	11
7284	7284	12
7285	7285	13
7286	7286	14
7287	7287	15
7288	7288	16
7289	7289	17
7290	7290	18
7291	7291	19
7292	7292	20
7293	7293	21
7294	7294	22
7295	7295	23
7296	7296	24
7297	7297	25
7298	7298	26
7299	7299	27
7300	7300	28
7301	7301	29
7302	7302	30
7303	7303	31
7304	7304	32
7305	7305	33
7306	7306	34
7307	7307	35
7308	7308	36
7309	7309	37
7310	7310	38
7311	7311	39
7312	7312	40
7313	7313	41
7314	7314	42
7315	7315	43 SB 294 86
7316	7316	expectation; and
7317	7317	(iii) the employer gave notice to the individual that future absence or
7318	7318	tardiness may or will result in discharge.
7319	7319	(C) For the purposes of this subsection, if an employee disputes being
7320	7320	absent or tardy without good cause, the employee shall present evidence
7321	7321	that a majority of the employee's absences or tardiness were for good
7322	7322	cause. If the employee alleges that the employee's repeated absences or
7323	7323	tardiness were the result of health related issues, such evidence shall
7324	7324	include documentation from a licensed and practicing healthcare provider
7325	7325	as defined in subsection (a)(1).
7326	7326	(3) (A) (i) The term "gross misconduct" as used in this subsection
7327	7327	shall be construed to mean conduct evincing extreme, willful or wanton
7328	7328	misconduct as defined by this subsection. Gross misconduct shall include,
7329	7329	but not be limited to: (i)(a) Theft; (ii)(b) fraud; (iii)(c) intentional damage
7330	7330	to property; (iv)(d) intentional infliction of personal injury; or (v)(e) any
7331	7331	conduct that constitutes a felony.
7332	7332	(ii) "Gross misconduct" does not include any conduct of an
7333	7333	individual, if: (i) The individual is a patient who has been issued a valid
7334	7334	identification card pursuant to section 9, and amendments thereto; and (ii)
7335	7335	the basis for the violation is the possession of such identification card or
7336	7336	the possession or use of medical cannabis or a medical cannabis product,
7337	7337	as such terms are defined in section 2, and amendments thereto, in
7338	7338	accordance with the Kansas medical cannabis act, section 1 et seq., and
7339	7339	amendments thereto.
7340	7340	(B) For the purposes of this subsection, the following shall be
7341	7341	conclusive evidence of gross misconduct:
7342	7342	(i) The use of alcoholic liquor, cereal malt beverage or a
7343	7343	nonprescribed controlled substance by an individual while working;
7344	7344	(ii) the impairment caused by alcoholic liquor, cereal malt beverage
7345	7345	or a nonprescribed controlled substance by an individual while working;
7346	7346	(iii) a positive breath alcohol test or a positive chemical test, if:
7347	7347	(a) The test was either:
7348	7348	(1) Required by law and was administered pursuant to the drug free
7349	7349	workplace act, 41 U.S.C. § 701 et seq.;
7350	7350	(2) administered as part of an employee assistance program or other
7351	7351	drug or alcohol treatment program in which the employee was
7352	7352	participating voluntarily or as a condition of further employment;
7353	7353	(3) requested pursuant to a written policy of the employer of which
7354	7354	the employee had knowledge and was a required condition of
7355	7355	employment;
7356	7356	(4) required by law and the test constituted a required condition of
7357	7357	employment for the individual's job; or
7358	7358	(5) there was reasonable suspicion to believe that the individual used,
7359	7359	1
7360	7360	2
7361	7361	3
7362	7362	4
7363	7363	5
7364	7364	6
7365	7365	7
7366	7366	8
7367	7367	9
7368	7368	10
7369	7369	11
7370	7370	12
7371	7371	13
7372	7372	14
7373	7373	15
7374	7374	16
7375	7375	17
7376	7376	18
7377	7377	19
7378	7378	20
7379	7379	21
7380	7380	22
7381	7381	23
7382	7382	24
7383	7383	25
7384	7384	26
7385	7385	27
7386	7386	28
7387	7387	29
7388	7388	30
7389	7389	31
7390	7390	32
7391	7391	33
7392	7392	34
7393	7393	35
7394	7394	36
7395	7395	37
7396	7396	38
7397	7397	39
7398	7398	40
7399	7399	41
7400	7400	42
7401	7401	43 SB 294 87
7402	7402	had possession of, or was impaired by alcoholic liquor, cereal malt
7403	7403	beverage or a nonprescribed controlled substance while working;
7404	7404	(b) the test sample was collected either:
7405	7405	(1) As prescribed by the drug free workplace act, 41 U.S.C. § 701 et
7406	7406	seq.;
7407	7407	(2) as prescribed by an employee assistance program or other drug or
7408	7408	alcohol treatment program in which the employee was participating
7409	7409	voluntarily or as a condition of further employment;
7410	7410	(3) as prescribed by the written policy of the employer of which the
7411	7411	employee had knowledge and that constituted a required condition of
7412	7412	employment;
7413	7413	(4) as prescribed by a test that was required by law and which
7414	7414	constituted a required condition of employment for the individual's job; or
7415	7415	(5) at a time contemporaneous with the events establishing probable
7416	7416	cause;
7417	7417	(c) the collecting and labeling of a chemical test sample was
7418	7418	performed by a licensed health care professional or any other individual
7419	7419	certified pursuant to paragraph (b)(3)(A)(iii)(f) subsection (b)(3)(B)(iii)(f)
7420	7420	or authorized to collect or label test samples by federal or state law, or a
7421	7421	federal or state rule or regulation having the force or effect of law,
7422	7422	including law enforcement personnel;
7423	7423	(d) the chemical test was performed by a laboratory approved by the
7424	7424	United States department of health and human services or licensed by the
7425	7425	department of health and environment, except that a blood sample may be
7426	7426	tested for alcohol content by a laboratory commonly used for that purpose
7427	7427	by state law enforcement agencies;
7428	7428	(e) the chemical test was confirmed by gas chromatography, gas
7429	7429	chromatography-mass spectroscopy or other comparably reliable
7430	7430	analytical method, except that no such confirmation is required for a blood
7431	7431	alcohol sample or a breath alcohol test;
7432	7432	(f) the breath alcohol test was administered by an individual trained
7433	7433	to perform breath tests, the breath testing instrument used was certified
7434	7434	and operated strictly according to a description provided by the
7435	7435	manufacturers and the reliability of the instrument performance was
7436	7436	assured by testing with alcohol standards; and
7437	7437	(g) the foundation evidence establishes, beyond a reasonable doubt,
7438	7438	that the test results were from the sample taken from the individual;
7439	7439	(iv) an individual's refusal to submit to a chemical test or breath
7440	7440	alcohol test, if:
7441	7441	(a) The test meets the standards of the drug free workplace act, 41
7442	7442	U.S.C. § 701 et seq.;
7443	7443	(b) the test was administered as part of an employee assistance
7444	7444	program or other drug or alcohol treatment program in which the
7445	7445	1
7446	7446	2
7447	7447	3
7448	7448	4
7449	7449	5
7450	7450	6
7451	7451	7
7452	7452	8
7453	7453	9
7454	7454	10
7455	7455	11
7456	7456	12
7457	7457	13
7458	7458	14
7459	7459	15
7460	7460	16
7461	7461	17
7462	7462	18
7463	7463	19
7464	7464	20
7465	7465	21
7466	7466	22
7467	7467	23
7468	7468	24
7469	7469	25
7470	7470	26
7471	7471	27
7472	7472	28
7473	7473	29
7474	7474	30
7475	7475	31
7476	7476	32
7477	7477	33
7478	7478	34
7479	7479	35
7480	7480	36
7481	7481	37
7482	7482	38
7483	7483	39
7484	7484	40
7485	7485	41
7486	7486	42
7487	7487	43 SB 294 88
7488	7488	employee was participating voluntarily or as a condition of further
7489	7489	employment;
7490	7490	(c) the test was otherwise required by law and the test constituted a
7491	7491	required condition of employment for the individual's job;
7492	7492	(d) the test was requested pursuant to a written policy of the employer
7493	7493	of which the employee had knowledge and was a required condition of
7494	7494	employment; or
7495	7495	(e) there was reasonable suspicion to believe that the individual used,
7496	7496	possessed or was impaired by alcoholic liquor, cereal malt beverage or a
7497	7497	nonprescribed controlled substance while working; and
7498	7498	(v) an individual's dilution or other tampering of a chemical test.
7499	7499	(C) For purposes of this subsection:
7500	7500	(i) "Alcohol concentration" means the number of grams of alcohol
7501	7501	per 210 liters of breath;
7502	7502	(ii) "alcoholic liquor" means the same as defined in K.S.A. 41-102,
7503	7503	and amendments thereto;
7504	7504	(iii) "cereal malt beverage" means the same as defined in K.S.A. 41-
7505	7505	2701, and amendments thereto;
7506	7506	(iv) "chemical test" includes, but is not limited to, tests of urine,
7507	7507	blood or saliva;
7508	7508	(v) "controlled substance" means the same as defined in K.S.A. 21-
7509	7509	5701, and amendments thereto;
7510	7510	(vi) "required by law" means required by a federal or state law, a
7511	7511	federal or state rule or regulation having the force and effect of law, a
7512	7512	county resolution or municipal ordinance, or a policy relating to public
7513	7513	safety adopted in an open meeting by the governing body of any special
7514	7514	district or other local governmental entity;
7515	7515	(vii) "positive breath test" means a test result showing an alcohol
7516	7516	concentration of 0.04 or greater, or the levels listed in 49 C.F.R. part 40, if
7517	7517	applicable, unless the test was administered as part of an employee
7518	7518	assistance program or other drug or alcohol treatment program in which
7519	7519	the employee was participating voluntarily or as a condition of further
7520	7520	employment, in which case "positive chemical test" means a test result
7521	7521	showing an alcohol concentration at or above the levels provided for in the
7522	7522	assistance or treatment program; and
7523	7523	(viii) "positive chemical test" means a chemical result showing a
7524	7524	concentration at or above the levels listed in K.S.A. 44-501, and
7525	7525	amendments thereto, or 49 C.F.R. part 40, as applicable, for the drugs or
7526	7526	abuse listed therein, unless the test was administered as part of an
7527	7527	employee assistance program or other drug or alcohol treatment program
7528	7528	in which the employee was participating voluntarily or as a condition of
7529	7529	further employment, in which case "positive chemical test" means a
7530	7530	chemical result showing a concentration at or above the levels provided for
7531	7531	1
7532	7532	2
7533	7533	3
7534	7534	4
7535	7535	5
7536	7536	6
7537	7537	7
7538	7538	8
7539	7539	9
7540	7540	10
7541	7541	11
7542	7542	12
7543	7543	13
7544	7544	14
7545	7545	15
7546	7546	16
7547	7547	17
7548	7548	18
7549	7549	19
7550	7550	20
7551	7551	21
7552	7552	22
7553	7553	23
7554	7554	24
7555	7555	25
7556	7556	26
7557	7557	27
7558	7558	28
7559	7559	29
7560	7560	30
7561	7561	31
7562	7562	32
7563	7563	33
7564	7564	34
7565	7565	35
7566	7566	36
7567	7567	37
7568	7568	38
7569	7569	39
7570	7570	40
7571	7571	41
7572	7572	42
7573	7573	43 SB 294 89
7574	7574	in the assistance or treatment program.
7575	7575	(4) An individual shall not be disqualified under this subsection if the
7576	7576	individual is discharged under the following circumstances:
7577	7577	(A) The employer discharged the individual after learning the
7578	7578	individual was seeking other work or when the individual gave notice of
7579	7579	future intent to quit, except that the individual shall be disqualified after
7580	7580	the time that such individual intended to quit and any individual who
7581	7581	commits misconduct after such individual gives notice to such individual's
7582	7582	intent to quit shall be disqualified;
7583	7583	(B) the individual was making a good faith effort to do the assigned
7584	7584	work but was discharged due to:
7585	7585	(i) Inefficiency;
7586	7586	(ii) unsatisfactory performance due to inability, incapacity or lack of
7587	7587	training or experience;
7588	7588	(iii) isolated instances of ordinary negligence or inadvertence;
7589	7589	(iv) good faith errors in judgment or discretion; or
7590	7590	(v) unsatisfactory work or conduct due to circumstances beyond the
7591	7591	individual's control; or
7592	7592	(C) the individual's refusal to perform work in excess of the contract
7593	7593	of hire.
7594	7594	(c) If the individual has failed, without good cause, to either apply for
7595	7595	suitable work when so directed by the employment office of the secretary
7596	7596	of labor, or to accept suitable work when offered to the individual by the
7597	7597	employment office, the secretary of labor, or an employer, such
7598	7598	disqualification shall begin with the week in which such failure occurred
7599	7599	and shall continue until the individual becomes reemployed and has had
7600	7600	earnings from insured work of at least three times such individual's
7601	7601	determined weekly benefit amount. In determining whether or not any
7602	7602	work is suitable for an individual, the secretary of labor, or a person or
7603	7603	persons designated by the secretary, shall consider the degree of risk
7604	7604	involved to health, safety and morals, physical fitness and prior training,
7605	7605	experience and prior earnings, length of unemployment and prospects for
7606	7606	securing local work in the individual's customary occupation or work for
7607	7607	which the individual is reasonably fit by training or experience, and the
7608	7608	distance of the available work from the individual's residence.
7609	7609	Notwithstanding any other provisions of this act, an otherwise eligible
7610	7610	individual shall not be disqualified for refusing an offer of suitable
7611	7611	employment, or failing to apply for suitable employment when notified by
7612	7612	an employment office, or for leaving the individual's most recent work
7613	7613	accepted during approved training, including training approved under
7614	7614	section 236(a)(1) of the trade act of 1974, if the acceptance of or applying
7615	7615	for suitable employment or continuing such work would require the
7616	7616	individual to terminate approved training and no work shall be deemed
7617	7617	1
7618	7618	2
7619	7619	3
7620	7620	4
7621	7621	5
7622	7622	6
7623	7623	7
7624	7624	8
7625	7625	9
7626	7626	10
7627	7627	11
7628	7628	12
7629	7629	13
7630	7630	14
7631	7631	15
7632	7632	16
7633	7633	17
7634	7634	18
7635	7635	19
7636	7636	20
7637	7637	21
7638	7638	22
7639	7639	23
7640	7640	24
7641	7641	25
7642	7642	26
7643	7643	27
7644	7644	28
7645	7645	29
7646	7646	30
7647	7647	31
7648	7648	32
7649	7649	33
7650	7650	34
7651	7651	35
7652	7652	36
7653	7653	37
7654	7654	38
7655	7655	39
7656	7656	40
7657	7657	41
7658	7658	42
7659	7659	43 SB 294 90
7660	7660	suitable and benefits shall not be denied under this act to any otherwise
7661	7661	eligible individual for refusing to accept new work under any of the
7662	7662	following conditions:
7663	7663	(1) If the position offered is vacant due directly to a strike, lockout or
7664	7664	other labor dispute;
7665	7665	(2) if the remuneration, hours or other conditions of the work offered
7666	7666	are substantially less favorable to the individual than those prevailing for
7667	7667	similar work in the locality;
7668	7668	(3) if as a condition of being employed, the individual would be
7669	7669	required to join or to resign from or refrain from joining any labor
7670	7670	organization; and
7671	7671	(4) if the individual left employment as a result of domestic violence,
7672	7672	and the position offered does not reasonably accommodate the individual's
7673	7673	physical, psychological, safety, or legal needs relating to such domestic
7674	7674	violence.
7675	7675	(d) For any week with respect to which the secretary of labor, or a
7676	7676	person or persons designated by the secretary, finds that the individual's
7677	7677	unemployment is due to a stoppage of work that exists because of a labor
7678	7678	dispute or there would have been a work stoppage had normal operations
7679	7679	not been maintained with other personnel previously and currently
7680	7680	employed by the same employer at the factory, establishment or other
7681	7681	premises at which the individual is or was last employed, except that this
7682	7682	subsection (d) shall not apply if it is shown to the satisfaction of the
7683	7683	secretary of labor, or a person or persons designated by the secretary, that:
7684	7684	(1) The individual is not participating in or financing or directly
7685	7685	interested in the labor dispute that caused the stoppage of work; and
7686	7686	(2) the individual does not belong to a grade or class of workers of
7687	7687	which, immediately before the commencement of the stoppage, there were
7688	7688	members employed at the premises where the stoppage occurs any of
7689	7689	whom are participating in or financing or directly interested in the dispute.
7690	7690	If in any case separate branches of work that are commonly conducted as
7691	7691	separate businesses in separate premises are conducted in separate
7692	7692	departments of the same premises, each such department shall, for the
7693	7693	purpose of this subsection be deemed to be a separate factory,
7694	7694	establishment or other premises. For the purposes of this subsection,
7695	7695	failure or refusal to cross a picket line or refusal for any reason during the
7696	7696	continuance of such labor dispute to accept the individual's available and
7697	7697	customary work at the factory, establishment or other premises where the
7698	7698	individual is or was last employed shall be considered as participation and
7699	7699	interest in the labor dispute.
7700	7700	(e) For any week or a part of the week in which the individual has
7701	7701	received or is seeking unemployment benefits under the unemployment
7702	7702	compensation law of any other state or of the United States, except that if
7703	7703	1
7704	7704	2
7705	7705	3
7706	7706	4
7707	7707	5
7708	7708	6
7709	7709	7
7710	7710	8
7711	7711	9
7712	7712	10
7713	7713	11
7714	7714	12
7715	7715	13
7716	7716	14
7717	7717	15
7718	7718	16
7719	7719	17
7720	7720	18
7721	7721	19
7722	7722	20
7723	7723	21
7724	7724	22
7725	7725	23
7726	7726	24
7727	7727	25
7728	7728	26
7729	7729	27
7730	7730	28
7731	7731	29
7732	7732	30
7733	7733	31
7734	7734	32
7735	7735	33
7736	7736	34
7737	7737	35
7738	7738	36
7739	7739	37
7740	7740	38
7741	7741	39
7742	7742	40
7743	7743	41
7744	7744	42
7745	7745	43 SB 294 91
7746	7746	the appropriate agency of such other state or the United States finally
7747	7747	determines that the individual is not entitled to such unemployment
7748	7748	benefits, this disqualification shall not apply.
7749	7749	(f) For any week in which the individual is entitled to receive any
7750	7750	unemployment allowance or compensation granted by the United States
7751	7751	under an act of congress to former members of the armed forces in
7752	7752	recognition of former service with the military, naval, air or space services
7753	7753	of the United States.
7754	7754	(g) If the individual, or another in such individual's behalf with the
7755	7755	knowledge of the individual, has knowingly made a false statement or
7756	7756	representation, or has knowingly failed to disclose a material fact to obtain
7757	7757	or increase benefits under this act or any other unemployment
7758	7758	compensation law administered by the secretary of labor, unless the
7759	7759	individual has repaid the full amount of the overpayment as determined by
7760	7760	the secretary or the secretary's designee, including, but not limited to, the
7761	7761	total amount of money erroneously paid as benefits or unlawfully
7762	7762	obtained, interest, penalties and any other costs or fees provided by law. If
7763	7763	the individual has made such repayment, the individual shall be
7764	7764	disqualified for a period of one year for the first occurrence or five years
7765	7765	for any subsequent occurrence, beginning with the first day following the
7766	7766	date the department of labor confirmed the individual has successfully
7767	7767	repaid the full amount of the overpayment. In addition to the penalties set
7768	7768	forth in K.S.A. 44-719, and amendments thereto, an individual who has
7769	7769	knowingly made a false statement or representation or who has knowingly
7770	7770	failed to disclose a material fact to obtain or increase benefits under this
7771	7771	act or any other unemployment compensation law administered by the
7772	7772	secretary of labor shall be liable for a penalty in the amount equal to 25%
7773	7773	of the amount of benefits unlawfully received. Notwithstanding any other
7774	7774	provision of law, such penalty shall be deposited into the employment
7775	7775	security trust fund. No person who is a victim of identify theft shall be
7776	7776	subject to the provisions of this subsection. The secretary shall investigate
7777	7777	all cases of an alleged false statement or representation or failure to
7778	7778	disclose a material fact to ensure no victim of identity theft is disqualified,
7779	7779	required to repay or subject to any penalty as provided by this subsection
7780	7780	as a result of identity theft.
7781	7781	(h) For any week in which the individual is receiving compensation
7782	7782	for temporary total disability or permanent total disability under the
7783	7783	workmen's compensation law of any state or under a similar law of the
7784	7784	United States.
7785	7785	(i) For any week of unemployment on the basis of service in an
7786	7786	instructional, research or principal administrative capacity for an
7787	7787	educational institution as defined in K.S.A. 44-703(v), and amendments
7788	7788	thereto, if such week begins during the period between two successive
7789	7789	1
7790	7790	2
7791	7791	3
7792	7792	4
7793	7793	5
7794	7794	6
7795	7795	7
7796	7796	8
7797	7797	9
7798	7798	10
7799	7799	11
7800	7800	12
7801	7801	13
7802	7802	14
7803	7803	15
7804	7804	16
7805	7805	17
7806	7806	18
7807	7807	19
7808	7808	20
7809	7809	21
7810	7810	22
7811	7811	23
7812	7812	24
7813	7813	25
7814	7814	26
7815	7815	27
7816	7816	28
7817	7817	29
7818	7818	30
7819	7819	31
7820	7820	32
7821	7821	33
7822	7822	34
7823	7823	35
7824	7824	36
7825	7825	37
7826	7826	38
7827	7827	39
7828	7828	40
7829	7829	41
7830	7830	42
7831	7831	43 SB 294 92
7832	7832	academic years or terms or, when an agreement provides instead for a
7833	7833	similar period between two regular but not successive terms during such
7834	7834	period or during a period of paid sabbatical leave provided for in the
7835	7835	individual's contract, if the individual performs such services in the first of
7836	7836	such academic years or terms and there is a contract or a reasonable
7837	7837	assurance that such individual will perform services in any such capacity
7838	7838	for any educational institution in the second of such academic years or
7839	7839	terms.
7840	7840	(j) For any week of unemployment on the basis of service in any
7841	7841	capacity other than service in an instructional, research, or administrative
7842	7842	capacity in an educational institution, as defined in K.S.A. 44-703(v), and
7843	7843	amendments thereto, if such week begins during the period between two
7844	7844	successive academic years or terms if the individual performs such
7845	7845	services in the first of such academic years or terms and there is a
7846	7846	reasonable assurance that the individual will perform such services in the
7847	7847	second of such academic years or terms, except that if benefits are denied
7848	7848	to the individual under this subsection and the individual was not offered
7849	7849	an opportunity to perform such services for the educational institution for
7850	7850	the second of such academic years or terms, such individual shall be
7851	7851	entitled to a retroactive payment of benefits for each week for which the
7852	7852	individual filed a timely claim for benefits and such benefits were denied
7853	7853	solely by reason of this subsection.
7854	7854	(k) For any week of unemployment on the basis of service in any
7855	7855	capacity for an educational institution as defined in K.S.A. 44-703(v), and
7856	7856	amendments thereto, if such week begins during an established and
7857	7857	customary vacation period or holiday recess, if the individual performs
7858	7858	services in the period immediately before such vacation period or holiday
7859	7859	recess and there is a reasonable assurance that such individual will perform
7860	7860	such services in the period immediately following such vacation period or
7861	7861	holiday recess.
7862	7862	(l) For any week of unemployment on the basis of any services,
7863	7863	consisting of participating in sports or athletic events or training or
7864	7864	preparing to so participate, if such week begins during the period between
7865	7865	two successive sport seasons or similar period if such individual
7866	7866	performed services in the first of such seasons or similar periods and there
7867	7867	is a reasonable assurance that such individual will perform such services in
7868	7868	the later of such seasons or similar periods.
7869	7869	(m) For any week on the basis of services performed by an alien
7870	7870	unless such alien is an individual who was lawfully admitted for
7871	7871	permanent residence at the time such services were performed, was
7872	7872	lawfully present for purposes of performing such services, or was
7873	7873	permanently residing in the United States under color of law at the time
7874	7874	such services were performed, including an alien who was lawfully present
7875	7875	1
7876	7876	2
7877	7877	3
7878	7878	4
7879	7879	5
7880	7880	6
7881	7881	7
7882	7882	8
7883	7883	9
7884	7884	10
7885	7885	11
7886	7886	12
7887	7887	13
7888	7888	14
7889	7889	15
7890	7890	16
7891	7891	17
7892	7892	18
7893	7893	19
7894	7894	20
7895	7895	21
7896	7896	22
7897	7897	23
7898	7898	24
7899	7899	25
7900	7900	26
7901	7901	27
7902	7902	28
7903	7903	29
7904	7904	30
7905	7905	31
7906	7906	32
7907	7907	33
7908	7908	34
7909	7909	35
7910	7910	36
7911	7911	37
7912	7912	38
7913	7913	39
7914	7914	40
7915	7915	41
7916	7916	42
7917	7917	43 SB 294 93
7918	7918	in the United States as a result of the application of the provisions of
7919	7919	section 212(d)(5) of the federal immigration and nationality act. Any data
7920	7920	or information required of individuals applying for benefits to determine
7921	7921	whether benefits are not payable to them because of their alien status shall
7922	7922	be uniformly required from all applicants for benefits. In the case of an
7923	7923	individual whose application for benefits would otherwise be approved, no
7924	7924	determination that benefits to such individual are not payable because of
7925	7925	such individual's alien status shall be made except upon a preponderance
7926	7926	of the evidence.
7927	7927	(n) For any week in which an individual is receiving a governmental
7928	7928	or other pension, retirement or retired pay, annuity or other similar
7929	7929	periodic payment under a plan maintained by a base period employer and
7930	7930	to which the entire contributions were provided by such employer, except
7931	7931	that:
7932	7932	(1) If the entire contributions to such plan were provided by the base
7933	7933	period employer but such individual's weekly benefit amount exceeds such
7934	7934	governmental or other pension, retirement or retired pay, annuity or other
7935	7935	similar periodic payment attributable to such week, the weekly benefit
7936	7936	amount payable to the individual shall be reduced, but not below zero, by
7937	7937	an amount equal to the amount of such pension, retirement or retired pay,
7938	7938	annuity or other similar periodic payment that is attributable to such week;
7939	7939	or
7940	7940	(2) if only a portion of contributions to such plan were provided by
7941	7941	the base period employer, the weekly benefit amount payable to such
7942	7942	individual for such week shall be reduced, but not below zero, by the
7943	7943	prorated weekly amount of the pension, retirement or retired pay, annuity
7944	7944	or other similar periodic payment after deduction of that portion of the
7945	7945	pension, retirement or retired pay, annuity or other similar periodic
7946	7946	payment that is directly attributable to the percentage of the contributions
7947	7947	made to the plan by such individual; or
7948	7948	(3) if the entire contributions to the plan were provided by such
7949	7949	individual, or by the individual and an employer, or any person or
7950	7950	organization, who is not a base period employer, no reduction in the
7951	7951	weekly benefit amount payable to the individual for such week shall be
7952	7952	made under this subsection; or
7953	7953	(4) whatever portion of contributions to such plan were provided by
7954	7954	the base period employer, if the services performed for the employer by
7955	7955	such individual during the base period, or remuneration received for the
7956	7956	services, did not affect the individual's eligibility for, or increased the
7957	7957	amount of, such pension, retirement or retired pay, annuity or other similar
7958	7958	periodic payment, no reduction in the weekly benefit amount payable to
7959	7959	the individual for such week shall be made under this subsection. No
7960	7960	reduction shall be made for payments made under the social security act or
7961	7961	1
7962	7962	2
7963	7963	3
7964	7964	4
7965	7965	5
7966	7966	6
7967	7967	7
7968	7968	8
7969	7969	9
7970	7970	10
7971	7971	11
7972	7972	12
7973	7973	13
7974	7974	14
7975	7975	15
7976	7976	16
7977	7977	17
7978	7978	18
7979	7979	19
7980	7980	20
7981	7981	21
7982	7982	22
7983	7983	23
7984	7984	24
7985	7985	25
7986	7986	26
7987	7987	27
7988	7988	28
7989	7989	29
7990	7990	30
7991	7991	31
7992	7992	32
7993	7993	33
7994	7994	34
7995	7995	35
7996	7996	36
7997	7997	37
7998	7998	38
7999	7999	39
8000	8000	40
8001	8001	41
8002	8002	42
8003	8003	43 SB 294 94
8004	8004	railroad retirement act of 1974.
8005	8005	(o) For any week of unemployment on the basis of services
8006	8006	performed in any capacity and under any of the circumstances described in
8007	8007	subsection (i), (j) or (k) that an individual performed in an educational
8008	8008	institution while in the employ of an educational service agency. For the
8009	8009	purposes of this subsection, the term "educational service agency" means a
8010	8010	governmental agency or entity that is established and operated exclusively
8011	8011	for the purpose of providing such services to one or more educational
8012	8012	institutions.
8013	8013	(p) For any week of unemployment on the basis of service as a school
8014	8014	bus or other motor vehicle driver employed by a private contractor to
8015	8015	transport pupils, students and school personnel to or from school-related
8016	8016	functions or activities for an educational institution, as defined in K.S.A.
8017	8017	44-703(v), and amendments thereto, if such week begins during the period
8018	8018	between two successive academic years or during a similar period between
8019	8019	two regular terms, whether or not successive, if the individual has a
8020	8020	contract or contracts, or a reasonable assurance thereof, to perform
8021	8021	services in any such capacity with a private contractor for any educational
8022	8022	institution for both such academic years or both such terms. An individual
8023	8023	shall not be disqualified for benefits as provided in this subsection for any
8024	8024	week of unemployment:
8025	8025	(1) That the individual is a participating employee in a short-term
8026	8026	compensation program established pursuant to K.S.A. 44-757, and
8027	8027	amendments thereto; or
8028	8028	(2) on the basis of service as a bus or other motor vehicle driver
8029	8029	employed by a private contractor to transport persons to or from
8030	8030	nonschool-related functions or activities.
8031	8031	(q) For any week of unemployment on the basis of services
8032	8032	performed by the individual in any capacity and under any of the
8033	8033	circumstances described in subsection (i), (j), (k) or (o) that are provided
8034	8034	to or on behalf of an educational institution, as defined in K.S.A. 44-
8035	8035	703(v), and amendments thereto, while the individual is in the employ of
8036	8036	an employer that is a governmental entity, Indian tribe or any employer
8037	8037	described in section 501(c)(3) of the federal internal revenue code of 1986
8038	8038	that is exempt from income under section 501(a) of the code.
8039	8039	(r) For any week in which an individual is registered at and attending
8040	8040	an established school, training facility or other educational institution, or is
8041	8041	on vacation during or between two successive academic years or terms. An
8042	8042	individual shall not be disqualified for benefits as provided in this
8043	8043	subsection if:
8044	8044	(1) The individual was engaged in full-time employment concurrent
8045	8045	with the individual's school attendance;
8046	8046	(2) the individual is attending approved training as defined in K.S.A.
8047	8047	1
8048	8048	2
8049	8049	3
8050	8050	4
8051	8051	5
8052	8052	6
8053	8053	7
8054	8054	8
8055	8055	9
8056	8056	10
8057	8057	11
8058	8058	12
8059	8059	13
8060	8060	14
8061	8061	15
8062	8062	16
8063	8063	17
8064	8064	18
8065	8065	19
8066	8066	20
8067	8067	21
8068	8068	22
8069	8069	23
8070	8070	24
8071	8071	25
8072	8072	26
8073	8073	27
8074	8074	28
8075	8075	29
8076	8076	30
8077	8077	31
8078	8078	32
8079	8079	33
8080	8080	34
8081	8081	35
8082	8082	36
8083	8083	37
8084	8084	38
8085	8085	39
8086	8086	40
8087	8087	41
8088	8088	42
8089	8089	43 SB 294 95
8090	8090	44-703(s), and amendments thereto; or
8091	8091	(3) the individual is attending evening, weekend or limited day time
8092	8092	classes that would not affect availability for work, and is otherwise eligible
8093	8093	under K.S.A. 44-705(c), and amendments thereto.
8094	8094	(s) For any week in which an individual is receiving or has received
8095	8095	remuneration in the form of a back pay award or settlement. The
8096	8096	remuneration shall be allocated to the week or weeks in the manner as
8097	8097	specified in the award or agreement, or in the absence of such specificity
8098	8098	in the award or agreement, such remuneration shall be allocated to the
8099	8099	week or weeks for which such remuneration, in the judgment of the
8100	8100	secretary, would have been paid.
8101	8101	(1) For any such weeks that an individual receives remuneration in
8102	8102	the form of a back pay award or settlement, an overpayment will be
8103	8103	established in the amount of unemployment benefits paid and shall be
8104	8104	collected from the claimant.
8105	8105	(2) If an employer chooses to withhold from a back pay award or
8106	8106	settlement, amounts paid to a claimant while they claimed unemployment
8107	8107	benefits, such employer shall pay the department the amount withheld.
8108	8108	With respect to such amount, the secretary shall have available all of the
8109	8109	collection remedies authorized or provided in K.S.A. 44-717, and
8110	8110	amendments thereto.
8111	8111	(t) (1) Any applicant for or recipient of unemployment benefits who
8112	8112	tests positive for unlawful use of a controlled substance or controlled
8113	8113	substance analog shall be required to complete a substance abuse treatment
8114	8114	program approved by the secretary of labor, secretary of commerce or
8115	8115	secretary for children and families, and a job skills program approved by
8116	8116	the secretary of labor, secretary of commerce or the secretary for children
8117	8117	and families. Subject to applicable federal laws, any applicant for or
8118	8118	recipient of unemployment benefits who fails to complete or refuses to
8119	8119	participate in the substance abuse treatment program or job skills program
8120	8120	as required under this subsection shall be ineligible to receive
8121	8121	unemployment benefits until completion of such substance abuse
8122	8122	treatment and job skills programs. Upon completion of both substance
8123	8123	abuse treatment and job skills programs, such applicant for or recipient of
8124	8124	unemployment benefits may be subject to periodic drug screening, as
8125	8125	determined by the secretary of labor. Upon a second positive test for
8126	8126	unlawful use of a controlled substance or controlled substance analog, an
8127	8127	applicant for or recipient of unemployment benefits shall be ordered to
8128	8128	complete again a substance abuse treatment program and job skills
8129	8129	program, and shall be terminated from unemployment benefits for a period
8130	8130	of 12 months, or until such applicant for or recipient of unemployment
8131	8131	benefits completes both substance abuse treatment and job skills programs,
8132	8132	whichever is later. Upon a third positive test for unlawful use of a
8133	8133	1
8134	8134	2
8135	8135	3
8136	8136	4
8137	8137	5
8138	8138	6
8139	8139	7
8140	8140	8
8141	8141	9
8142	8142	10
8143	8143	11
8144	8144	12
8145	8145	13
8146	8146	14
8147	8147	15
8148	8148	16
8149	8149	17
8150	8150	18
8151	8151	19
8152	8152	20
8153	8153	21
8154	8154	22
8155	8155	23
8156	8156	24
8157	8157	25
8158	8158	26
8159	8159	27
8160	8160	28
8161	8161	29
8162	8162	30
8163	8163	31
8164	8164	32
8165	8165	33
8166	8166	34
8167	8167	35
8168	8168	36
8169	8169	37
8170	8170	38
8171	8171	39
8172	8172	40
8173	8173	41
8174	8174	42
8175	8175	43 SB 294 96
8176	8176	controlled substance or controlled substance analog, an applicant for or a
8177	8177	recipient of unemployment benefits shall be terminated from receiving
8178	8178	unemployment benefits, subject to applicable federal law.
8179	8179	(2) Any individual who has been discharged or refused employment
8180	8180	for failing a preemployment drug screen required by an employer may
8181	8181	request that the drug screening specimen be sent to a different drug testing
8182	8182	facility for an additional drug screening. Any such individual who requests
8183	8183	an additional drug screening at a different drug testing facility shall be
8184	8184	required to pay the cost of drug screening.
8185	8185	(3) The provisions of this subsection shall not apply to any individual
8186	8186	who is a patient who has been issued a valid identification card pursuant
8187	8187	to section 10, and amendments thereto.
8188	8188	(u) If the individual was found not to have a disqualifying
8189	8189	adjudication or conviction under K.S.A. 39-970 or 65-5117, and
8190	8190	amendments thereto, was hired and then was subsequently convicted of a
8191	8191	disqualifying felony under K.S.A. 39-970 or 65-5117, and amendments
8192	8192	thereto, and discharged pursuant to K.S.A. 39-970 or 65-5117, and
8193	8193	amendments thereto. The disqualification shall begin the day following the
8194	8194	separation and shall continue until after the individual becomes
8195	8195	reemployed and has had earnings from insured work of at least three times
8196	8196	the individual's determined weekly benefit amount.
8197	8197	(v) Notwithstanding the provisions of any subsection, an individual
8198	8198	shall not be disqualified for such week of part-time employment in a
8199	8199	substitute capacity for an educational institution if such individual's most
8200	8200	recent employment prior to the individual's benefit year begin date was for
8201	8201	a non-educational institution and such individual demonstrates application
8202	8202	for work in such individual's customary occupation or for work for which
8203	8203	the individual is reasonably fit by training or experience.
8204	8204	Sec. 62. K.S.A. 44-1009 is hereby amended to read as follows: 44-
8205	8205	1009. (a) It shall be an unlawful employment practice:
8206	8206	(1) For an employer, because of the race, religion, color, sex,
8207	8207	disability, national origin or ancestry of any person to refuse to hire or
8208	8208	employ such person to bar or discharge such person from employment or
8209	8209	to otherwise discriminate against such person in compensation or in terms,
8210	8210	conditions or privileges of employment; to limit, segregate, separate,
8211	8211	classify or make any distinction in regards to employees; or to follow any
8212	8212	employment procedure or practice which, in fact, results in discrimination,
8213	8213	segregation or separation without a valid business necessity.
8214	8214	(2) For a labor organization, because of the race, religion, color, sex,
8215	8215	disability, national origin or ancestry of any person, to exclude or to expel
8216	8216	from its membership such person or to discriminate in any way against any
8217	8217	of its members or against any employer or any person employed by an
8218	8218	employer.
8219	8219	1
8220	8220	2
8221	8221	3
8222	8222	4
8223	8223	5
8224	8224	6
8225	8225	7
8226	8226	8
8227	8227	9
8228	8228	10
8229	8229	11
8230	8230	12
8231	8231	13
8232	8232	14
8233	8233	15
8234	8234	16
8235	8235	17
8236	8236	18
8237	8237	19
8238	8238	20
8239	8239	21
8240	8240	22
8241	8241	23
8242	8242	24
8243	8243	25
8244	8244	26
8245	8245	27
8246	8246	28
8247	8247	29
8248	8248	30
8249	8249	31
8250	8250	32
8251	8251	33
8252	8252	34
8253	8253	35
8254	8254	36
8255	8255	37
8256	8256	38
8257	8257	39
8258	8258	40
8259	8259	41
8260	8260	42
8261	8261	43 SB 294 97
8262	8262	(3) For any employer, employment agency or labor organization to
8263	8263	print or circulate or cause to be printed or circulated any statement,
8264	8264	advertisement or publication, or to use any form of application for
8265	8265	employment or membership or to make any inquiry in connection with
8266	8266	prospective employment or membership, which expresses, directly or
8267	8267	indirectly, any limitation, specification or discrimination as to race,
8268	8268	religion, color, sex, disability, national origin or ancestry, or any intent to
8269	8269	make any such limitation, specification or discrimination, unless based on
8270	8270	a bona fide occupational qualification.
8271	8271	(4) For any employer, employment agency or labor organization to
8272	8272	discharge, expel or otherwise discriminate against any person because such
8273	8273	person has opposed any practices or acts forbidden under this act or
8274	8274	because such person has filed a complaint, testified or assisted in any
8275	8275	proceeding under this act.
8276	8276	(5) For an employment agency to refuse to list and properly classify
8277	8277	for employment or to refuse to refer any person for employment or
8278	8278	otherwise discriminate against any person because of such person's race,
8279	8279	religion, color, sex, disability, national origin or ancestry; or to comply
8280	8280	with a request from an employer for a referral of applicants for
8281	8281	employment if the request expresses, either directly or indirectly, any
8282	8282	limitation, specification or discrimination as to race, religion, color, sex,
8283	8283	disability, national origin or ancestry.
8284	8284	(6) For an employer, labor organization, employment agency, or
8285	8285	school which provides, coordinates or controls apprenticeship, on-the-job,
8286	8286	or other training or retraining program, to maintain a practice of
8287	8287	discrimination, segregation or separation because of race, religion, color,
8288	8288	sex, disability, national origin or ancestry, in admission, hiring,
8289	8289	assignments, upgrading, transfers, promotion, layoff, dismissal,
8290	8290	apprenticeship or other training or retraining program, or in any other
8291	8291	terms, conditions or privileges of employment, membership,
8292	8292	apprenticeship or training; or to follow any policy or procedure which, in
8293	8293	fact, results in such practices without a valid business motive.
8294	8294	(7) For any person, whether an employer or an employee or not, to
8295	8295	aid, abet, incite, compel or coerce the doing of any of the acts forbidden
8296	8296	under this act, or attempt to do so.
8297	8297	(8) For an employer, labor organization, employment agency or joint
8298	8298	labor-management committee to: (A) Limit, segregate or classify a job
8299	8299	applicant or employee in a way that adversely affects the opportunities or
8300	8300	status of such applicant or employee because of the disability of such
8301	8301	applicant or employee; (B) participate in a contractual or other
8302	8302	arrangement or relationship, including a relationship with an employment
8303	8303	or referral agency, labor union, an organization providing fringe benefits to
8304	8304	an employee or an organization providing training and apprenticeship
8305	8305	1
8306	8306	2
8307	8307	3
8308	8308	4
8309	8309	5
8310	8310	6
8311	8311	7
8312	8312	8
8313	8313	9
8314	8314	10
8315	8315	11
8316	8316	12
8317	8317	13
8318	8318	14
8319	8319	15
8320	8320	16
8321	8321	17
8322	8322	18
8323	8323	19
8324	8324	20
8325	8325	21
8326	8326	22
8327	8327	23
8328	8328	24
8329	8329	25
8330	8330	26
8331	8331	27
8332	8332	28
8333	8333	29
8334	8334	30
8335	8335	31
8336	8336	32
8337	8337	33
8338	8338	34
8339	8339	35
8340	8340	36
8341	8341	37
8342	8342	38
8343	8343	39
8344	8344	40
8345	8345	41
8346	8346	42
8347	8347	43 SB 294 98
8348	8348	programs that has the effect of subjecting a qualified applicant or
8349	8349	employee with a disability to the discrimination prohibited by this act; (C)
8350	8350	utilize standards criteria, or methods of administration that have the effect
8351	8351	of discrimination on the basis of disability or that perpetuate the
8352	8352	discrimination of others who are subject to common administrative
8353	8353	control; (D) exclude or otherwise deny equal jobs or benefits to a qualified
8354	8354	individual because of the known disability of an individual with whom the
8355	8355	qualified individual is known to have a relationship or association; (E) not
8356	8356	make reasonable accommodations to the known physical or mental
8357	8357	limitations of an otherwise qualified individual with a disability who is an
8358	8358	applicant or employee, unless such employer, labor organization,
8359	8359	employment agency or joint labor-management committee can
8360	8360	demonstrate that the accommodation would impose an undue hardship on
8361	8361	the operation of the business thereof; (F) deny employment opportunities
8362	8362	to a job applicant or employee who is an otherwise qualified individual
8363	8363	with a disability, if such denial is based on the need to make reasonable
8364	8364	accommodation to the physical or mental impairments of the employee or
8365	8365	applicant; (G) use qualification standards, employment tests or other
8366	8366	selection criteria that screen out or tend to screen out an individual with a
8367	8367	disability or a class of individuals with disabilities unless the standard, test
8368	8368	or other selection criteria, as used, is shown to be job-related for the
8369	8369	position in question and is consistent with business necessity; or (H) fail to
8370	8370	select and administer tests concerning employment in the most effective
8371	8371	manner to ensure that, when such test is administered to a job applicant or
8372	8372	employee who has a disability that impairs sensory, manual or speaking
8373	8373	skills, the test results accurately reflect the skills, aptitude or whatever
8374	8374	other factor of such applicant or employee that such test purports to
8375	8375	measure, rather than reflecting the impaired sensory, manual or speaking
8376	8376	skills of such employee or applicant (, except where such skills are the
8377	8377	factors that the test purports to measure).
8378	8378	(9) For any employer to:
8379	8379	(A) Seek to obtain, to obtain or to use genetic screening or testing
8380	8380	information of an employee or a prospective employee to distinguish
8381	8381	between or discriminate against or restrict any right or benefit otherwise
8382	8382	due or available to an employee or a prospective employee; or
8383	8383	(B) subject, directly or indirectly, any employee or prospective
8384	8384	employee to any genetic screening or test.
8385	8385	(10) (A) For an employer, because a person is a patient or caregiver
8386	8386	who has been issued a valid identification card pursuant to section 9, and
8387	8387	amendments thereto, or possesses or uses medical cannabis in accordance
8388	8388	with the Kansas medical cannabis act, section 1 et seq., and amendments
8389	8389	thereto, to:
8390	8390	(i) Refuse to hire or employ a person;
8391	8391	1
8392	8392	2
8393	8393	3
8394	8394	4
8395	8395	5
8396	8396	6
8397	8397	7
8398	8398	8
8399	8399	9
8400	8400	10
8401	8401	11
8402	8402	12
8403	8403	13
8404	8404	14
8405	8405	15
8406	8406	16
8407	8407	17
8408	8408	18
8409	8409	19
8410	8410	20
8411	8411	21
8412	8412	22
8413	8413	23
8414	8414	24
8415	8415	25
8416	8416	26
8417	8417	27
8418	8418	28
8419	8419	29
8420	8420	30
8421	8421	31
8422	8422	32
8423	8423	33
8424	8424	34
8425	8425	35
8426	8426	36
8427	8427	37
8428	8428	38
8429	8429	39
8430	8430	40
8431	8431	41
8432	8432	42
8433	8433	43 SB 294 99
8434	8434	(ii) bar or discharge such person from employment; or
8435	8435	(iii) otherwise discriminate against such person in compensation or
8436	8436	in terms, conditions or privileges of employment without a valid business
8437	8437	necessity.
8438	8438	(B) For a labor organization, because a person is a patient or
8439	8439	caregiver who has been issued a valid identification card pursuant to
8440	8440	section 9, and amendments thereto, or possesses or uses medical cannabis
8441	8441	in accordance with the Kansas medical cannabis act, section 1 et seq., and
8442	8442	amendments thereto, to exclude or expel such person from such labor
8443	8443	organization's membership.
8444	8444	(C) Nothing in this paragraph shall be construed to prohibit a person
8445	8445	from taking any action necessary to procure or retain any monetary
8446	8446	benefit provided under federal law, or any rules and regulations adopted
8447	8447	thereunder, or to obtain or maintain any license, certificate, registration
8448	8448	or other legal status issued or bestowed under federal law, or any rules
8449	8449	and regulations adopted thereunder.
8450	8450	(b) It shall not be an unlawful employment practice to fill vacancies
8451	8451	in such way as to eliminate or reduce imbalance with respect to race,
8452	8452	religion, color, sex, disability, national origin or ancestry.
8453	8453	(c) It shall be an unlawful discriminatory practice:
8454	8454	(1) For any person, as defined herein being the owner, operator,
8455	8455	lessee, manager, agent or employee of any place of public accommodation
8456	8456	to refuse, deny or make a distinction, directly or indirectly, in offering its
8457	8457	goods, services, facilities, and accommodations to any person as covered
8458	8458	by this act because of race, religion, color, sex, disability, national origin or
8459	8459	ancestry, except where a distinction because of sex is necessary because of
8460	8460	the intrinsic nature of such accommodation.
8461	8461	(2) For any person, whether or not specifically enjoined from
8462	8462	discriminating under any provisions of this act, to aid, abet, incite, compel
8463	8463	or coerce the doing of any of the acts forbidden under this act, or to
8464	8464	attempt to do so.
8465	8465	(3) For any person, to refuse, deny, make a distinction, directly or
8466	8466	indirectly, or discriminate in any way against persons because of the race,
8467	8467	religion, color, sex, disability, national origin or ancestry of such persons
8468	8468	in the full and equal use and enjoyment of the services, facilities,
8469	8469	privileges and advantages of any institution, department or agency of the
8470	8470	state of Kansas or any political subdivision or municipality thereof.
8471	8471	Sec. 63. K.S.A. 44-1015 is hereby amended to read as follows: 44-
8472	8472	1015. As used in this act, unless the context otherwise requires:
8473	8473	(a) "Commission" means the Kansas human rights commission.
8474	8474	(b) "Real property" means and includes:
8475	8475	(1) All vacant or unimproved land; and
8476	8476	(2) any building or structure which is occupied or designed or
8477	8477	1
8478	8478	2
8479	8479	3
8480	8480	4
8481	8481	5
8482	8482	6
8483	8483	7
8484	8484	8
8485	8485	9
8486	8486	10
8487	8487	11
8488	8488	12
8489	8489	13
8490	8490	14
8491	8491	15
8492	8492	16
8493	8493	17
8494	8494	18
8495	8495	19
8496	8496	20
8497	8497	21
8498	8498	22
8499	8499	23
8500	8500	24
8501	8501	25
8502	8502	26
8503	8503	27
8504	8504	28
8505	8505	29
8506	8506	30
8507	8507	31
8508	8508	32
8509	8509	33
8510	8510	34
8511	8511	35
8512	8512	36
8513	8513	37
8514	8514	38
8515	8515	39
8516	8516	40
8517	8517	41
8518	8518	42
8519	8519	43 SB 294 100
8520	8520	intended for occupancy, or any building or structure having a portion
8521	8521	thereof which is occupied or designed or intended for occupancy.
8522	8522	(c) "Family" includes a single individual.
8523	8523	(d) "Person" means an individual, corporation, partnership,
8524	8524	association, labor organization, legal representative, mutual company,
8525	8525	joint-stock company, trust, unincorporated organization, trustee, trustee in
8526	8526	bankruptcy, receiver and fiduciary.
8527	8527	(e) "To rent" means to lease, to sublease, to let and otherwise to grant
8528	8528	for a consideration the right to occupy premises not owned by the
8529	8529	occupant.
8530	8530	(f) "Discriminatory housing practice" means any act that is unlawful
8531	8531	under K.S.A. 44-1016, 44-1017 or 44-1026, and amendments thereto, or
8532	8532	section 45, and amendments thereto.
8533	8533	(g) "Person aggrieved" means any person who claims to have been
8534	8534	injured by a discriminatory housing practice or believes that such person
8535	8535	will be injured by a discriminatory housing practice that is about to occur.
8536	8536	(h) "Disability" has the meaning provided by means the same as
8537	8537	defined in K.S.A. 44-1002 and amendments thereto.
8538	8538	(i) "Familial status" means having one or more individuals less than
8539	8539	18 years of age domiciled with:
8540	8540	(1) A parent or another person having legal custody of such
8541	8541	individual or individuals; or
8542	8542	(2) the designee of such parent or other person having such custody,
8543	8543	with the written permission of such parent or other person.
8544	8544	Sec. 64. K.S.A. 2024 Supp. 65-1120 is hereby amended to read as
8545	8545	follows: 65-1120. (a) Grounds for disciplinary actions. The board may
8546	8546	deny, revoke, limit or suspend any license or authorization to practice
8547	8547	nursing as a registered professional nurse, as a licensed practical nurse, as
8548	8548	an advanced practice registered nurse or as a registered nurse anesthetist
8549	8549	that is issued by the board or applied for under this act, or may require the
8550	8550	licensee to attend a specific number of hours of continuing education in
8551	8551	addition to any hours the licensee may already be required to attend or
8552	8552	may publicly or privately censure a licensee or holder of a temporary
8553	8553	permit or authorization, if the applicant, licensee or holder of a temporary
8554	8554	permit or authorization is found after hearing:
8555	8555	(1) To be guilty of fraud or deceit in practicing nursing or in
8556	8556	procuring or attempting to procure a license to practice nursing;
8557	8557	(2) to have been guilty of a felony or to have been guilty of a
8558	8558	misdemeanor involving an illegal drug offense unless the applicant or
8559	8559	licensee establishes sufficient rehabilitation to warrant the public trust,
8560	8560	except that notwithstanding K.S.A. 74-120, and amendments thereto, no
8561	8561	license or authorization to practice nursing as a licensed professional
8562	8562	nurse, as a licensed practical nurse, as an advanced practice registered
8563	8563	1
8564	8564	2
8565	8565	3
8566	8566	4
8567	8567	5
8568	8568	6
8569	8569	7
8570	8570	8
8571	8571	9
8572	8572	10
8573	8573	11
8574	8574	12
8575	8575	13
8576	8576	14
8577	8577	15
8578	8578	16
8579	8579	17
8580	8580	18
8581	8581	19
8582	8582	20
8583	8583	21
8584	8584	22
8585	8585	23
8586	8586	24
8587	8587	25
8588	8588	26
8589	8589	27
8590	8590	28
8591	8591	29
8592	8592	30
8593	8593	31
8594	8594	32
8595	8595	33
8596	8596	34
8597	8597	35
8598	8598	36
8599	8599	37
8600	8600	38
8601	8601	39
8602	8602	40
8603	8603	41
8604	8604	42
8605	8605	43 SB 294 101
8606	8606	nurse or registered nurse anesthetist shall be granted to a person with a
8607	8607	felony conviction for a crime against persons as specified in article 34 of
8608	8608	chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article
8609	8609	54 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-
8610	8610	6325, 21-6326 or 21-6418, and amendments thereto;
8611	8611	(3) has been convicted or found guilty or has entered into an agreed
8612	8612	disposition of a misdemeanor offense related to the practice of nursing as
8613	8613	determined on a case-by-case basis;
8614	8614	(4) to have committed an act of professional incompetency as defined
8615	8615	in subsection (e);
8616	8616	(5) to be unable to practice with skill and safety due to current abuse
8617	8617	of drugs or alcohol;
8618	8618	(6) to be a person who has been adjudged in need of a guardian or
8619	8619	conservator, or both, under the act for obtaining a guardian or conservator,
8620	8620	or both, and who has not been restored to capacity under that act;
8621	8621	(7) to be guilty of unprofessional conduct as defined by rules and
8622	8622	regulations of the board;
8623	8623	(8) to have willfully or repeatedly violated the provisions of the
8624	8624	Kansas nurse practice act or any rules and regulations adopted pursuant to
8625	8625	that act, including K.S.A. 65-1114 and 65-1122, and amendments thereto;
8626	8626	(9) to have a license to practice nursing as a registered nurse or as a
8627	8627	practical nurse denied, revoked, limited or suspended, or to be publicly or
8628	8628	privately censured, by a licensing authority of another state, agency of the
8629	8629	United States government, territory of the United States or country or to
8630	8630	have other disciplinary action taken against the applicant or licensee by a
8631	8631	licensing authority of another state, agency of the United States
8632	8632	government, territory of the United States or country. A certified copy of
8633	8633	the record or order of public or private censure, denial, suspension,
8634	8634	limitation, revocation or other disciplinary action of the licensing authority
8635	8635	of another state, agency of the United States government, territory of the
8636	8636	United States or country shall constitute prima facie evidence of such a
8637	8637	fact for purposes of this paragraph (9); or
8638	8638	(10) to have assisted suicide in violation of K.S.A. 21-3406, prior to
8639	8639	its repeal, or K.S.A. 21-5407, and amendments thereto, as established by
8640	8640	any of the following:
8641	8641	(A) A copy of the record of criminal conviction or plea of guilty for a
8642	8642	felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-
8643	8643	5407, and amendments thereto.;
8644	8644	(B) A copy of the record of a judgment of contempt of court for
8645	8645	violating an injunction issued under K.S.A. 60-4404, and amendments
8646	8646	thereto.; or
8647	8647	(C) A copy of the record of a judgment assessing damages under
8648	8648	K.S.A. 60-4405, and amendments thereto.
8649	8649	1
8650	8650	2
8651	8651	3
8652	8652	4
8653	8653	5
8654	8654	6
8655	8655	7
8656	8656	8
8657	8657	9
8658	8658	10
8659	8659	11
8660	8660	12
8661	8661	13
8662	8662	14
8663	8663	15
8664	8664	16
8665	8665	17
8666	8666	18
8667	8667	19
8668	8668	20
8669	8669	21
8670	8670	22
8671	8671	23
8672	8672	24
8673	8673	25
8674	8674	26
8675	8675	27
8676	8676	28
8677	8677	29
8678	8678	30
8679	8679	31
8680	8680	32
8681	8681	33
8682	8682	34
8683	8683	35
8684	8684	36
8685	8685	37
8686	8686	38
8687	8687	39
8688	8688	40
8689	8689	41
8690	8690	42
8691	8691	43 SB 294 102
8692	8692	(b) Proceedings. Upon filing of a sworn complaint with the board
8693	8693	charging a person with having been guilty of any of the unlawful practices
8694	8694	specified in subsection (a), two or more members of the board shall
8695	8695	investigate the charges, or the board may designate and authorize an
8696	8696	employee or employees of the board to conduct an investigation. After
8697	8697	investigation, the board may institute charges. If an investigation, in the
8698	8698	opinion of the board, reveals reasonable grounds for believing the
8699	8699	applicant or licensee is guilty of the charges, the board shall fix a time and
8700	8700	place for proceedings, which shall be conducted in accordance with the
8701	8701	provisions of the Kansas administrative procedure act.
8702	8702	(c) Witnesses. No person shall be excused from testifying in any
8703	8703	proceedings before the board under this act or in any civil proceedings
8704	8704	under this act before a court of competent jurisdiction on the ground that
8705	8705	such testimony may incriminate the person testifying, but such testimony
8706	8706	shall not be used against the person for the prosecution of any crime under
8707	8707	the laws of this state except the crime of perjury as defined in K.S.A. 21-
8708	8708	5903, and amendments thereto.
8709	8709	(d) Costs. If final agency action of the board in a proceeding under
8710	8710	this section is adverse to the applicant or licensee, the costs of the board's
8711	8711	proceedings shall be charged to the applicant or licensee as in ordinary
8712	8712	civil actions in the district court, but if the board is the unsuccessful party,
8713	8713	the costs shall be paid by the board. Witness fees and costs may be taxed
8714	8714	by the board according to the statutes relating to procedure in the district
8715	8715	court. All costs accrued by the board, when it is the successful party, and
8716	8716	which that the attorney general certifies cannot be collected from the
8717	8717	applicant or licensee shall be paid from the board of nursing fee fund. All
8718	8718	moneys collected following board proceedings shall be credited in full to
8719	8719	the board of nursing fee fund.
8720	8720	(e) Professional incompetency defined. As used in this section,
8721	8721	"professional incompetency" means:
8722	8722	(1) One or more instances involving failure to adhere to the
8723	8723	applicable standard of care to a degree which that constitutes gross
8724	8724	negligence, as determined by the board;
8725	8725	(2) repeated instances involving failure to adhere to the applicable
8726	8726	standard of care to a degree which that constitutes ordinary negligence, as
8727	8727	determined by the board; or
8728	8728	(3) a pattern of practice or other behavior which that demonstrates a
8729	8729	manifest incapacity or incompetence to practice nursing.
8730	8730	(f) Criminal justice information. The board upon request shall receive
8731	8731	from the Kansas bureau of investigation such criminal history record
8732	8732	information relating to arrests and criminal convictions as necessary for
8733	8733	the purpose of determining initial and continuing qualifications of
8734	8734	licensees of and applicants for licensure by the board in accordance with
8735	8735	1
8736	8736	2
8737	8737	3
8738	8738	4
8739	8739	5
8740	8740	6
8741	8741	7
8742	8742	8
8743	8743	9
8744	8744	10
8745	8745	11
8746	8746	12
8747	8747	13
8748	8748	14
8749	8749	15
8750	8750	16
8751	8751	17
8752	8752	18
8753	8753	19
8754	8754	20
8755	8755	21
8756	8756	22
8757	8757	23
8758	8758	24
8759	8759	25
8760	8760	26
8761	8761	27
8762	8762	28
8763	8763	29
8764	8764	30
8765	8765	31
8766	8766	32
8767	8767	33
8768	8768	34
8769	8769	35
8770	8770	36
8771	8771	37
8772	8772	38
8773	8773	39
8774	8774	40
8775	8775	41
8776	8776	42
8777	8777	43 SB 294 103
8778	8778	K.S.A. 2024 Supp. 22-4715, and amendments thereto.
8779	8779	(g) Medical cannabis exemption. The board shall not deny, revoke,
8780	8780	limit or suspend the license of any licensee or publicly or privately
8781	8781	censure any licensee for:
8782	8782	(1) Advising a patient about the possible benefits and risks of using
8783	8783	medical cannabis or that using medical cannabis may mitigate the
8784	8784	patient's symptoms; or
8785	8785	(2) any actions as a patient or caregiver who has been issued a valid
8786	8786	identification card pursuant to the Kansas medical cannabis act, section 1
8787	8787	et seq., and amendments thereto, including whether the licensee possesses
8788	8788	or has possessed or uses or has used medical cannabis in accordance with
8789	8789	such act.
8790	8790	Sec. 65. K.S.A. 2024 Supp. 65-28b08 is hereby amended to read as
8791	8791	follows: 65-28b08. (a) The board may deny, revoke, limit or suspend any
8792	8792	license or authorization issued to a certified nurse-midwife to engage in
8793	8793	the independent practice of midwifery that is issued by the board or
8794	8794	applied for under this act, or may publicly censure a licensee or holder of a
8795	8795	temporary permit or authorization, if the applicant or licensee is found
8796	8796	after a hearing:
8797	8797	(1) To be guilty of fraud or deceit while engaging in the independent
8798	8798	practice of midwifery or in procuring or attempting to procure a license to
8799	8799	engage in the independent practice of midwifery;
8800	8800	(2) to have been found guilty of a felony or to have been found guilty
8801	8801	of a misdemeanor involving an illegal drug offense unless the applicant or
8802	8802	licensee establishes sufficient rehabilitation to warrant the public trust,
8803	8803	except that notwithstanding K.S.A. 74-120, and amendments thereto, no
8804	8804	license or authorization to practice and engage in the independent practice
8805	8805	of midwifery shall be granted to a person with a felony conviction for a
8806	8806	crime against persons as specified in article 34 of chapter 21 of the Kansas
8807	8807	Statutes Annotated, prior to its repeal, or article 54 of chapter 21 of the
8808	8808	Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6104,
8809	8809	21-6325, 21-6326 or 21-6418, and amendments thereto;
8810	8810	(3) to have committed an act of professional incompetence as defined
8811	8811	in subsection (c);
8812	8812	(4) to be unable to practice the healing arts with reasonable skill and
8813	8813	safety by reason of impairment due to physical or mental illness or
8814	8814	condition or use of alcohol, drugs or controlled substances. All
8815	8815	information, reports, findings and other records relating to impairment
8816	8816	shall be confidential and not subject to discovery or release to any person
8817	8817	or entity outside of a board proceeding;
8818	8818	(5) to be a person who has been adjudged in need of a guardian or
8819	8819	conservator, or both, under the act for obtaining a guardian or conservator,
8820	8820	or both, and who has not been restored to capacity under that act;
8821	8821	1
8822	8822	2
8823	8823	3
8824	8824	4
8825	8825	5
8826	8826	6
8827	8827	7
8828	8828	8
8829	8829	9
8830	8830	10
8831	8831	11
8832	8832	12
8833	8833	13
8834	8834	14
8835	8835	15
8836	8836	16
8837	8837	17
8838	8838	18
8839	8839	19
8840	8840	20
8841	8841	21
8842	8842	22
8843	8843	23
8844	8844	24
8845	8845	25
8846	8846	26
8847	8847	27
8848	8848	28
8849	8849	29
8850	8850	30
8851	8851	31
8852	8852	32
8853	8853	33
8854	8854	34
8855	8855	35
8856	8856	36
8857	8857	37
8858	8858	38
8859	8859	39
8860	8860	40
8861	8861	41
8862	8862	42
8863	8863	43 SB 294 104
8864	8864	(6) to be guilty of unprofessional conduct as defined by rules and
8865	8865	regulations of the board;
8866	8866	(7) to have willfully or repeatedly violated the provisions of the
8867	8867	Kansas nurse practice act or any rules and regulations adopted pursuant to
8868	8868	such act;
8869	8869	(8) to have a license to practice nursing as a registered nurse or as a
8870	8870	practical nurse denied, revoked, limited or suspended, or to have been
8871	8871	publicly or privately censured, by a licensing authority of another state,
8872	8872	agency of the United States government, territory of the United States or
8873	8873	country or to have other disciplinary action taken against the applicant or
8874	8874	licensee by a licensing authority of another state, agency of the United
8875	8875	States government, territory of the United States or country. A certified
8876	8876	copy of the record or order of public or private censure, denial, suspension,
8877	8877	limitation, revocation or other disciplinary action of the licensing authority
8878	8878	of another state, agency of the United States government, territory of the
8879	8879	United States or country shall constitute prima facie evidence of such a
8880	8880	fact for purposes of this paragraph; or
8881	8881	(9) to have assisted suicide in violation of K.S.A. 21-3406, prior to its
8882	8882	repeal, or K.S.A. 21-5407, and amendments thereto, as established by any
8883	8883	of the following:
8884	8884	(A) A copy of the record of criminal conviction or plea of guilty to a
8885	8885	felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-
8886	8886	5407, and amendments thereto;
8887	8887	(B) a copy of the record of a judgment of contempt of court for
8888	8888	violating an injunction issued under K.S.A. 60-4404, and amendments
8889	8889	thereto; or
8890	8890	(C) a copy of the record of a judgment assessing damages under
8891	8891	K.S.A. 60-4405, and amendments thereto.
8892	8892	(b) No person shall be excused from testifying in any proceedings
8893	8893	before the board under this act or in any civil proceedings under this act
8894	8894	before a court of competent jurisdiction on the ground that such testimony
8895	8895	may incriminate the person testifying, but such testimony shall not be used
8896	8896	against the person for the prosecution of any crime under the laws of this
8897	8897	state, except the crime of perjury as defined in K.S.A. 21-5903, and
8898	8898	amendments thereto.
8899	8899	(c) The board shall not deny, revoke, limit or suspend the license or
8900	8900	authorization issued to a certified nurse-midwife or publicly or privately
8901	8901	censure a certified nurse-midwife for:
8902	8902	(1) Advising a patient about the possible benefits and risks of using
8903	8903	medical cannabis or that using medical cannabis may mitigate the
8904	8904	patient's symptoms; or
8905	8905	(2) any actions as a patient or caregiver who has been issued a valid
8906	8906	identification card pursuant to the Kansas medical cannabis act, section 1
8907	8907	1
8908	8908	2
8909	8909	3
8910	8910	4
8911	8911	5
8912	8912	6
8913	8913	7
8914	8914	8
8915	8915	9
8916	8916	10
8917	8917	11
8918	8918	12
8919	8919	13
8920	8920	14
8921	8921	15
8922	8922	16
8923	8923	17
8924	8924	18
8925	8925	19
8926	8926	20
8927	8927	21
8928	8928	22
8929	8929	23
8930	8930	24
8931	8931	25
8932	8932	26
8933	8933	27
8934	8934	28
8935	8935	29
8936	8936	30
8937	8937	31
8938	8938	32
8939	8939	33
8940	8940	34
8941	8941	35
8942	8942	36
8943	8943	37
8944	8944	38
8945	8945	39
8946	8946	40
8947	8947	41
8948	8948	42
8949	8949	43 SB 294 105
8950	8950	et seq., and amendments thereto, including whether the licensee possesses
8951	8951	or has possessed or uses or has used medical cannabis in accordance with
8952	8952	such act.
8953	8953	(d) As used in this section, "professional incompetency" means:
8954	8954	(1) One or more instances involving failure to adhere to the
8955	8955	applicable standard of care to a degree which that constitutes gross
8956	8956	negligence, as determined by the board;
8957	8957	(2) repeated instances involving failure to adhere to the applicable
8958	8958	standard of care to a degree which that constitutes ordinary negligence, as
8959	8959	determined by the board; or
8960	8960	(3) a pattern of practice or other behavior which that demonstrates a
8961	8961	manifest incapacity or incompetence to engage in the independent practice
8962	8962	of midwifery.
8963	8963	(d)(e) The board, upon request, shall receive from the Kansas bureau
8964	8964	of investigation such criminal history record information relating to arrests
8965	8965	and criminal convictions, as necessary, for the purpose of determining
8966	8966	initial and continuing qualifications of licensees and applicants for
8967	8967	licensure by the board.
8968	8968	Sec. 66. K.S.A. 79-5201 is hereby amended to read as follows: 79-
8969	8969	5201. As used in this act article 52 of chapter 79 of the Kansas Statutes
8970	8970	Annotated, and amendments thereto:
8971	8971	(a) "Marijuana" means any marijuana, whether real or counterfeit, as
8972	8972	defined by K.S.A. 21-5701, and amendments thereto, which is held,
8973	8973	possessed, transported, transferred, sold or offered to be sold in violation
8974	8974	of the laws of Kansas;
8975	8975	(b) "Controlled substance" means any drug or substance, whether real
8976	8976	or counterfeit, as defined by K.S.A. 21-5701, and amendments thereto,
8977	8977	which is held, possessed, transported, transferred, sold or offered to be
8978	8978	sold in violation of the laws of Kansas. Such term shall not include
8979	8979	marijuana;
8980	8980	(c)(b) "dealer" means any person who, in violation of Kansas law,
8981	8981	manufactures, produces, ships, transports or imports into Kansas or in any
8982	8982	manner acquires or possesses more than 28 grams of marijuana, or more
8983	8983	than one gram of any controlled substance, or 10 or more dosage units of
8984	8984	any controlled substance which that is not sold by weight;
8985	8985	(d)(c) "domestic marijuana plant" means any cannabis plant at any
8986	8986	level of growth which that is harvested or tended, manicured, irrigated,
8987	8987	fertilized or where there is other evidence that it has been treated in any
8988	8988	other way in an effort to enhance growth;
8989	8989	(d) "marijuana" means any marijuana, whether real or counterfeit,
8990	8990	as defined in K.S.A. 21-5701, and amendments thereto, that is held,
8991	8991	possessed, transported, transferred, sold or offered for sale in violation of
8992	8992	the laws of Kansas; and
8993	8993	1
8994	8994	2
8995	8995	3
8996	8996	4
8997	8997	5
8998	8998	6
8999	8999	7
9000	9000	8
9001	9001	9
9002	9002	10
9003	9003	11
9004	9004	12
9005	9005	13
9006	9006	14
9007	9007	15
9008	9008	16
9009	9009	17
9010	9010	18
9011	9011	19
9012	9012	20
9013	9013	21
9014	9014	22
9015	9015	23
9016	9016	24
9017	9017	25
9018	9018	26
9019	9019	27
9020	9020	28
9021	9021	29
9022	9022	30
9023	9023	31
9024	9024	32
9025	9025	33
9026	9026	34
9027	9027	35
9028	9028	36
9029	9029	37
9030	9030	38
9031	9031	39
9032	9032	40
9033	9033	41
9034	9034	42
9035	9035	43 SB 294 106
9036	9036	(e) "medical cannabis" means the same as defined in section 2, and
9037	9037	amendments thereto.
9038	9038	Sec. 67. K.S.A. 79-5210 is hereby amended to read as follows: 79-
9039	9039	5210. Nothing in this act requires persons registered under article 16 of
9040	9040	chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or
9041	9041	otherwise lawfully in possession of marijuana, medical cannabis or a
9042	9042	controlled substance to pay the tax required under this act.
9043	9043	Sec. 68. K.S.A. 21-5703, 21-5706, 21-5707, 21-5709, 21-5710, 21-
9044	9044	6109, 23-3201, 38-2269, 44-1009, 44-1015, 79-5201 and 79-5210 and
9045	9045	K.S.A. 2024 Supp. 8-1567, 21-5705, 21-6607, 22-3717, 22-4714, 44-501,
9046	9046	44-706, 65-1120 and 65-28b08 are hereby repealed.
9047	9047	Sec. 69. This act shall take effect and be in force from and after its
9048	9048	publication in the statute book.
9049	9049	1
9050	9050	2
9051	9051	3
9052	9052	4
9053	9053	5
9054	9054	6
9055	9055	7
9056	9056	8
9057	9057	9
9058	9058	10
9059	9059	11
9060	9060	12
9061	9061	13