HB 2382--
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Session of 1997
HOUSE BILL No. 2382
By Representative Krehbiel
2-14
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9 AN ACT concerning the employment security law; amending K.S.A. 44-
10 710b and K.S.A. 1996 Supp. 44-717 and repealing the existing sections.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 44-710b is hereby amended to read as follows: 44-
14 710b. (a) By the secretary of human resources. The secretary of human
15 resources shall promptly notify each contributing employer of its rate of
16 contributions, each rated governmental employer of its benefit cost rate
17 and each reimbursing employer of its benefit liability as determined for
18 any calendar year pursuant to K.S.A. 44-710 and 44-710a, and amend-
19 ments thereto. Such determination shall become conclusive and binding
20 upon the employer unless, within 15 days after the mailing of notice
21 thereof to the employer's last known address or in the absence of mailing,
22 within 15 days after the delivery of such notice, the employer files an
23 application for review and redetermination, setting forth the reasons
24 therefor. If the secretary of human resources grants such review, the
25 employer shall be promptly notified thereof and shall be granted an op-
26 portunity for a fair hearing, but no employer shall have standing, in any
27 proceeding involving the employer's rate of contributions or benefit lia-
28 bility, to contest the chargeability to the employer's account of any ben-
29 efits paid in accordance with a determination, redetermination or decision
30 pursuant to subsection (c) of K.S.A. 44-710 and amendments thereto,
31 except upon the ground that the services on the basis of which such
32 benefits were found to be chargeable did not constitute services per-
33 formed in employment for the employer and only in the event that the
34 employer was not a party to such determination, redetermination or de-
35 cision or to any other proceedings under this act in which the character
36 of such services was determined. Any such hearing conducted pursuant
37 to this section shall be heard in the county where the contributing em-
38 ployer maintains its principle place of business. The hearing officer shall
39 render a decision concerning all matters at issue in the hearing within 90
40 days.
41 (b) Judicial review. Any action of the secretary upon an employer's
42 timely request for a review and redetermination of its rate of contribu-
43 tions or benefit liability, in accordance with subsection (a), is subject to
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1 review in accordance with the act for judicial review and civil enforcement
2 of agency actions. Any action for such review shall be heard in a summary
3 manner and shall be given precedence over all other civil cases except
4 cases arising under subsection (i) of K.S.A. 44-709 and amendments
5 thereto, and the workmen's compensation act.
6 (c) Periodic notification of benefits charged. The secretary of human
7 resources may provide by rules and regulations for periodic notification
8 to employers of benefits paid and chargeable to their accounts or of the
9 status of such accounts, and any such notification, in the absence of an
10 application for redetermination filed in such manner and within such
11 period as the secretary of human resources may prescribe, shall become
12 conclusive and binding upon the employer for all purposes. Such rede-
13 terminations, made after notice and opportunity for hearing, and the se-
14 cretary's findings of facts in connection therewith may be introduced in
15 any subsequent administrative or judicial proceedings involving the de-
16 termination of the rate of contributions of any employer for any calendar
17 year and shall be entitled to the same finality as is provided in this sub-
18 section with respect to the findings of fact made by the secretary of human
19 resources in proceedings to redetermine the contribution rate of an em-
20 ployer. The review or any other proceedings relating thereto as provided
21 for in this section may be heard by any duly authorized employee of the
22 secretary of human resources and such action shall have the same effect
23 as if heard by the secretary.
24 Sec. 2. K.S.A. 44-717 is hereby amended to read as follows: 44-717.
25 (a) Penalties on past-due reports, interest on past-due contributions, pay-
26 ments in lieu of contributions and benefit cost payments. Any employer
27 or any officer or agent of an employer, who fails to file any wage report
28 or contribution return when due, as required by the secretary of human
29 resources, or within a five-day grace period, shall pay a penalty as provided
30 by this subsection (a) for each month or fraction of a month until the
31 report or return is received by the secretary of human resources. The
32 penalty for each month or fraction of a month shall be an amount equal
33 to .05% of the total wages paid by the employer during the quarter, except
34 that no penalty shall be less than $25 nor more than $200 for each such
35 report or return not timely filed. Contributions, payments in lieu of con-
36 tributions and benefit cost payments unpaid on the date on which they
37 are due and payable, as prescribed by the secretary of human resources,
38 or within a five-day grace period, shall bear interest at the rate of 1% per
39 month or fraction of a month until payment is received by the secretary
40 of human resources except that an employing unit, which is not there-
41 tofore subject to this law and which becomes an employer and does not
42 refuse to make the reports, returns and contributions, payments in lieu
43 of contributions and benefit cost payments required under this law, shall
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1 not be liable for such penalty or interest if the wage reports and contri-
2 bution returns required are filed and the contributions, payments in lieu
3 of contributions or benefit cost payments required are paid within 10
4 days following notification by the secretary of human resources that a
5 determination has been made fixing its status as an employer subject to
6 this law. Upon written request and good cause shown, the secretary of
7 human resources may abate any penalty or interest or portion thereof
8 provided for by this subsection (a). Interest amounting to less than $1
9 shall be waived by the secretary of human resources and shall not be
10 collected. Penalties and interest collected pursuant to this subsection shall
11 be paid into the special employment security fund. For all purposes under
12 this section, amounts assessed as surcharges under subsection (j) or under
13 K.S.A. 44-710a and amendments thereto shall be considered to be con-
14 tributions and shall be subject to penalties and interest imposed under
15 this section and to collection in the manner provided by this section.
16 (b) Collection. (1) If, after due notice, any employer defaults in pay-
17 ment of any penalty, contributions, payments in lieu of contributions,
18 benefit cost payments, or interest thereon the amount due may be col-
19 lected by civil action in the name of the secretary of human resources
20 and the employer adjudged in default shall pay the cost of such action.
21 Civil actions brought under this section to collect contributions, payments
22 in lieu of contributions, benefit cost payments, penalties, or interest
23 thereon from an employer shall be heard by the district court at the
24 earliest possible date and shall be entitled to preference upon the cal-
25 endar of the court over all other civil actions except petitions for judicial
26 review under this act and cases arising under the workmen's compensa-
27 tion act. All liability determinations of contributions due, payments in lieu
28 of contributions or benefit cost payments due shall be made within a
29 period of five years from the date such contributions, payments in lieu of
30 contributions or benefit cost payments were due except such determi-
31 nations may be made for any time when an employer has filed fraudulent
32 reports with intent to evade liability.
33 (2) Any employing unit which is not a resident of this state and which
34 exercises the privilege of having one or more individuals perform service
35 for it within this state and any resident employing unit which exercises
36 that privilege and thereafter removes from this state, shall be deemed
37 thereby to appoint the secretary of state as its agent and attorney for the
38 acceptance of process in any civil action under this subsection. In insti-
39 tuting such an action against any such employing unit the secretary of
40 human resources shall cause such process or notice to be filed with the
41 secretary of state and such service shall be sufficient service upon such
42 employing unit and shall be of the same force and validity as if served
43 upon it personally within this state. The secretary of human resources
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1 shall send notice immediately of the service of such process or notice,
2 together with a copy thereof, by registered or certified mail, return receipt
3 requested, to such employing unit at its last-known address and such
4 return receipt, the affidavit of compliance of the secretary of human re-
5 sources with the provisions of this section, and a copy of the notice of
6 service, shall be appended to the original of the process filed in the court
7 in which such civil action is pending.
8 (3) Any contractor, who is or becomes an employer under the pro-
9 visions of this act, who contracts with any subcontractor, who also is or
10 becomes an employer under the provisions of this act, shall be directly
11 liable for such contributions, penalties and interest due from the subcon-
12 tractor and the secretary of human resources shall have all of the remedies
13 of collection against the contractor under the provisions of this act as
14 though the services in question were performed directly for the contrac-
15 tor, unless the contractor requires the subcontractor to provide a good
16 and sufficient bond guaranteeing payment of all contributions, penalties
17 and interest due or to become due with respect to wages paid for em-
18 ployment on the contract. For the purpose of this subsection (b)(3), the
19 words, ``contractor'' and ``subcontractor'' mean and include individuals,
20 partnerships, firms or corporations, or other associations of persons en-
21 gaged in the business of the construction, alteration, repairing, disman-
22 tling or demolition of buildings, roads, bridges, viaducts, sewers, water
23 and gas mains, streets, disposal plants, water filters, tanks and towers,
24 airports, dams, levees and canals, oil and gas wells, water wells, pipelines,
25 and every other type of structure, project, development or improvement
26 coming within the definition of real property.
27 (4) The district courts of this state shall entertain, in the manner
28 provided in subsections (b)(1), (b)(2) and (b)(3), actions to collect con-
29 tributions, payments in lieu of contributions, benefit cost payments and
30 other amounts owed including interest thereon for which liability has
31 accrued under the employment security law of any other state or of the
32 federal government.
33 (c) Priorities under legal dissolutions or distributions. In the event of
34 any distribution of employer's assets pursuant to an order of any court
35 under the laws of this state, including but not limited to any probate
36 proceeding, interpleader, receivership, assignment for benefit of credi-
37 tors, adjudicated insolvency, composition or similar proceedings, contri-
38 butions or payments in lieu of contributions then or thereafter due shall
39 be paid in full from the moneys which shall first come into the estate,
40 prior to all other claims, except claims for wages of not more than $250
41 to each claimant, earned within six months of the commencement of the
42 proceedings. In the event of an employer's adjudication in bankruptcy,
43 judicially confirmed extension proposal, or composition, under the federal
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1 bankruptcy act of 1898, as amended, contributions then or thereafter due
2 shall be entitled to such priority as is provided in that act for taxes due
3 any state of the United States.
4 (d) Assessments. If any employer fails to file a report or return re-
5 quired by the secretary of human resources for the determination of con-
6 tributions, or payments in lieu of contributions, or benefit cost payments,
7 the secretary of human resources may make such reports or returns or
8 cause the same to be made, on the basis of such information as the sec-
9 retary may be able to obtain and shall collect the contributions, payments
10 in lieu of contributions or benefit cost payments as determined together
11 with any interest due under this act. The secretary of human resources
12 shall immediately forward to the employer a copy of the assessment by
13 registered or certified mail to the employer's address as it appears on the
14 records of the agency, and such assessment shall be final unless the em-
15 ployer protests such assessment and files a corrected report or return for
16 the period covered by the assessment within 15 days after the mailing of
17 the copy of assessment. Failure to receive such notice shall not invalidate
18 the assessment. Notice in writing shall be presumed to have been given
19 when deposited as certified or registered matter in the United States mail,
20 addressed to the person to be charged with notice at such person's address
21 as it appears on the records of the agency.
22 (e) (1) Lien. If any employer or person who is liable to pay contri-
23 butions, payments in lieu of contributions or benefit cost payments ne-
24 glects or refuses to pay the same after demand, the amount, including
25 interest and penalty, shall be a lien in favor of the state of Kansas, sec-
26 retary of human resources, upon all property and rights to property,
27 whether real or personal, belonging to such employer or person. Such
28 lien shall not be valid as against any mortgagee, pledgee, purchaser or
29 judgment creditor until notice thereof has been filed by the secretary of
30 human resources in the office of register of deeds in any county in the
31 state of Kansas, in which such property is located, and when so filed shall
32 be notice to all persons claiming an interest in the property of the em-
33 ployer or person against whom filed. The register of deeds shall enter
34 such notices in the financing statement record and shall also record the
35 same in full in miscellaneous record and index the same against the name
36 of the delinquent employer. The register of deeds shall accept, file, and
37 record such notice without prepayment of any fee, but lawful fees shall
38 be added to the amount of such lien and collected when satisfaction is
39 presented for entry. Such lien shall be satisfied of record upon the pres-
40 entation of a certificate of discharge by the state of Kansas, secretary of
41 human resources. Nothing contained in this subsection (e) shall be con-
42 strued as an invalidation of any lien or notice filed in the name of the
43 unemployment compensation division or the employment security divi-
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1 sion and such liens shall be and remain in full force and effect until
2 satisfied as provided by this subsection (e).
3 (2) Authority of secretary or authorized representative. If any em-
4 ployer or person who is liable to pay any contributions, payments in lieu
5 of contributions or benefit cost payments, including interest and penalty,
6 neglects or refuses to pay the same within 10 days after notice and de-
7 mand therefor, the secretary or the secretary's authorized representative
8 may collect such contributions, payments in lieu of contributions or ben-
9 efit cost payments, including interest and penalty, and such further
10 amount as is sufficient to cover the expenses of the levy, by levy upon all
11 property and rights to property which belong to the employer or person
12 or which have a lien created thereon by this subsection (e) for the pay-
13 ment of such contributions, payments in lieu of contributions or benefit
14 cost payments, including interest and penalty. As used in this subsection
15 (e), ``property'' includes all real property and personal property, whether
16 tangible or intangible, except such property which is exempt under K.S.A.
17 60-2301 et seq., and amendments thereto. Levy may be made upon the
18 accrued salary or wages of any officer, employee or elected official of any
19 state or local governmental entity which is subject to K.S.A. 60-723 and
20 amendments thereto, by serving a notice of levy as provided in subsection
21 (d) of K.S.A. 60-304 and amendments thereto. If the secretary or the
22 secretary's authorized representative makes a finding that the collection
23 of the amount of such contributions, payments in lieu of contributions or
24 benefit cost payments, including interest and penalty, is in jeopardy, no-
25 tice and demand for immediate payment of such amount may be made
26 by the secretary or the secretary's authorized representative and, upon
27 failure or refusal to pay such amount, immediate collection of such
28 amount by levy shall be lawful without regard to the ten-day period pro-
29 vided in this subsection (e).
30 (3) Seizure and sale of property. The authority to levy granted under
31 this subsection (e) includes the power of seizure by any means. A levy
32 shall extend only to property possessed and obligations existing at the
33 time thereof. In any case in which the secretary or the secretary's au-
34 thorized representative may levy upon property or rights to property, the
35 secretary or the secretary's authorized representative may seize and sell
36 such property or rights to property.
37 (4) Successive seizures. Whenever any property or right to property
38 upon which levy has been made under this subsection (e) is not sufficient
39 to satisfy the claim of the secretary for which levy is made, the secretary
40 or the secretary's authorized representative may proceed thereafter and
41 as often as may be necessary, to levy in like manner upon any other
42 property or rights to property which belongs to the employer or person
43 against whom such claim exists or upon which a lien is created by this
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1 subsection (e) until the amount due from the employer or person, to-
2 gether with all expenses, is fully paid.
3 (f) Warrant. In addition or as an alternative to any other remedy
4 provided by this section and provided that no appeal or other proceeding
5 for review permitted by this law shall then be pending and the time for
6 taking thereof shall have expired, the secretary of human resources or an
7 authorized representative of the secretary may issue a warrant certifying
8 the amount of contributions, payments in lieu of contributions, benefit
9 cost payments, interest or penalty, and the name of the employer liable
10 for same after giving 15 days prior notice. Upon request, service of final
11 notices shall be made by the sheriff within the sheriff's county, by the
12 sheriff's deputy or some person specially appointed by the secretary for
13 that purpose, or by the secretary's designee. A person specially appointed
14 by the secretary or the secretary's designee to serve final notices may
15 make service any place in the state. Final notices shall be served as fol-
16 lows:
17 (1) Individual. Service upon an individual, other than a minor or in-
18 capacitated person, shall be made by delivering a copy of the final notice
19 to the individual personally or by leaving a copy at such individual's dwell-
20 ing house or usual place of abode with some person of suitable age and
21 discretion then residing therein, by leaving a copy at the business estab-
22 lishment of the employer with an officer or employee of the establish-
23 ment, or by delivering a copy to an agent authorized by appointment or
24 by law to receive service of process, but if the agent is one designated by
25 a statute to receive service, such further notice as the statute requires
26 shall be given. If service as prescribed above cannot be made with due
27 diligence, the secretary or the secretary's designee may order service to
28 be made by leaving a copy of the final notice at the employer's dwelling
29 house, usual place of abode or business establishment.
30 (2) Corporations and partnerships. Service upon a domestic or for-
31 eign corporation or upon a partnership or other unincorporated associa-
32 tion, when by law it may be sued as such, shall be made by delivering a
33 copy of the final notice to an officer, partner or resident managing or
34 general agent thereof by leaving a copy at any business office of the em-
35 ployer with the person having charge thereof or by delivering a copy to
36 any other agent authorized by appointment or required by law to receive
37 service of process, if the agent is one authorized by law to receive service
38 and, if the law so requires, by also mailing a copy to the employer.
39 (3) Refusal to accept service. In all cases when the person to be
40 served, or an agent authorized by such person to accept service of peti-
41 tions and summonses, shall refuse to receive copies of the final notice,
42 the offer of the duly authorized process server to deliver copies thereof
43 and such refusal shall be sufficient service of such notice.
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1 (4) Proof of service. (A) Every officer to whom a final notice or other
2 process shall be delivered for service within or without the state, shall
3 make return thereof in writing stating the time, place and manner of
4 service of such writ, and shall sign such officer's name to such return.
5 (B) If service of the notice is made by a person appointed by the
6 secretary or the secretary's designee to make service, such person shall
7 make an affidavit as to the time, place and manner of service thereof in
8 a form prescribed by the secretary or the secretary's designee.
9 (5) Time for return. The officer or other person receiving a final no-
10 tice shall make a return of service promptly and shall send such return
11 to the secretary or the secretary's designee in any event within 10 days
12 after the service is effected. If the final notice cannot be served it shall
13 be returned to the secretary or the secretary's designee within 30 days
14 after the date of issue with a statement of the reason for the failure to
15 serve the same. The original return shall be attached to and filed with
16 any warrant thereafter filed.
17 (6) Service by mail. (A) Upon direction of the secretary or the secre-
18 tary's designee, service by mail may be effected by forwarding a copy of
19 the notice to the employer by registered or certified mail to the employ-
20 er's address as it appears on the records of the agency. A copy of the
21 return receipt shall be attached to and filed with any warrant thereafter
22 filed.
23 (B) The secretary of human resources or an authorized representative
24 of the secretary may file the warrant for record in the office of the clerk
25 of the district court in the county in which the employer owing such
26 contributions, payments in lieu of contributions, benefit cost payments,
27 interest, or penalty has business property. The warrant shall certify the
28 amount of contributions, payments in lieu of contributions, benefit cost
29 payments, interest and penalty due, and the name of the employer liable
30 for such amount. It shall be the duty of the clerk of the district court to
31 file such warrant of record and enter the warrant in the records of the
32 district court for judgment and decrees under the procedure prescribed
33 for filing transcripts of judgment.
34 (C) The clerk shall enter, on the day the warrant is filed, the case on
35 the appearance docket, together with the amount and the time of filing
36 the warrant. From the time of filing such warrant, the amount of the
37 contributions, payments in lieu of contributions, benefit cost payments,
38 interest, and penalty, certified therein, shall have the force and effect of
39 a judgment of the district court until the same is satisfied by the secretary
40 of human resources or an authorized representative or attorney for the
41 secretary. Execution shall be issuable at the request of the secretary of
42 human resources, an authorized representative or attorney for the sec-
43 retary, as is provided in the case of other judgments.
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1 (D) Postjudgment procedures shall be the same as for judgments
2 according to the code of civil procedure.
3 (E) Warrants shall be satisfied of record by payment to the clerk of
4 the district court of the contributions, payments in lieu of contributions,
5 benefit cost payments, penalty, interest to date, and court costs. Warrants
6 may also be satisfied of record by payment to the clerk of the district
7 court of all court costs accrued in the case and by filing a certificate by
8 the secretary of human resources, certifying that the contributions, pay-
9 ments in lieu of contributions, benefit cost payments, interest and penalty
10 have been paid.
11 (g) Remedies cumulative. The foregoing remedies shall be cumulative
12 and no action taken shall be construed as an election on the part of the
13 state or any of its officers to pursue any remedy or action under this
14 section to the exclusion of any other remedy or action for which provision
15 is made.
16 (h) Refunds. If any individual, governmental entity or organization
17 makes application for refund or adjustment of any amount paid as con-
18 tributions, benefit cost payments or interest under this law and the sec-
19 retary of human resources determines that such amount or any portion
20 thereof was erroneously collected, except for amounts less than $1, the
21 secretary of human resources shall allow such individual or organization
22 to make an adjustment thereof without interest, in connection with sub-
23 sequent contribution payments, or if such adjustment cannot be made
24 the secretary of human resources shall refund the amount, except for
25 amounts less than $1, without interest, from the employment security
26 fund, except that all interest erroneously collected which has been paid
27 into the special employment security fund shall be refunded out of the
28 special employment security fund. No adjustment or refund shall be al-
29 lowed with respect to a payment as contributions, benefit cost payments
30 or interest unless an application therefor is made on or before whichever
31 of the following dates is later: (1) One year from the date on which such
32 payment was made; or (2) three years from the last day of the period with
33 respect to which such payment was made. For like cause and within the
34 same period adjustment or refund may be so made on the secretary's own
35 initiative. The secretary of human resources shall not be required to re-
36 fund any contributions, payments in lieu of contributions or benefit cost
37 payments based upon wages paid which have been used as base-period
38 wages in a determination of a claimant's benefit rights when justifiable
39 and correct payments have been made to the claimant as the result of
40 such determination. For all taxable years commencing after December 31,
41 1997, interest at the rate prescribed in K.S.A. 79-2968 and amendments
42 thereto shall be allowed on a contribution or benefit cost payment which
43 the secretary has determined was erroneously collected pursuant to this
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1 section. Such interest may be deducted from subsequent contributions or
2 as part of a refund as described in this subsection and in subsection (i).
3 (i) Refund for reimbursing employer. Upon termination of an em-
4 ployer's business or termination of any election to make payments in lieu
5 of contributions, a reimbursing employer may file for a refund of any
6 payments made to the fund which are in excess of any regular or extended
7 benefits which have been charged or could become chargeable to the
8 reimbursing employer's account. No refund may be made within a
9 twenty-four-month period following termination of a reimbursing em-
10 ployer's business or election for payments in lieu of contributions.
11 (j) (1) Cash deposit or bond. If any contributing employer is delin-
12 quent in making payments under the employment security law during any
13 two quarters of the most recent four-quarter period, the secretary or the
14 secretary's authorized representative shall have the discretionary power
15 to require such contributing employer either to deposit cash or to file a
16 bond with sufficient sureties to guarantee the payment of contributions,
17 penalty and interest owed by such employer.
18 (2) The amount of such cash deposit or bond shall be not less than
19 the largest total amount of contributions, penalty and interest reported
20 by the employer in two of the four calendar quarters preceding any de-
21 linquency. Such cash deposit or bond shall be required until the employer
22 has shown timely filing of reports and payment of contributions for four
23 consecutive calendar quarters.
24 (3) Failure to file such cash deposit or bond shall subject the em-
25 ployer to a surcharge of 2.0% which shall be in addition to the rate of
26 contributions assigned to the employer under K.S.A. 44-710a and amend-
27 ments thereto. Contributions paid as a result of this surcharge shall not
28 be credited to the employer's experience rating account. This surcharge
29 shall be effective during the next full calendar year after its imposition
30 and during each full calendar year thereafter until the employer has filed
31 the required cash deposit or bond or has shown timely filing of reports
32 and payment of contributions for four consecutive calendar quarters.
33 (k) Any officer, major stockholder or other person who has charge of
34 the affairs of an employer, which is an employing unit described in section
35 501(c)(3) of the federal internal revenue code of 1954 or which is any
36 other corporate organization or association, or any member or manager
37 of a limited liability company, or any public official, who willfully fails to
38 pay the amount of contributions, payments in lieu of contributions or
39 benefit cost payments required to be paid under the employment security
40 law on the date on which such amount becomes delinquent, shall be
41 personally liable for the total amount of the contributions, payments in
42 lieu of contributions or benefit cost payments and any penalties and in-
43 terest due and unpaid by such employing unit. The secretary or the se-
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1 cretary's authorized representative may assess such person for the total
2 amount of contributions, payments in lieu of contributions or benefit cost
3 payments and any penalties, and interest computed as due and owing.
4 With respect to such persons and such amounts assessed, the secretary
5 shall have available all of the collection remedies authorized or provided
6 by this section.
7 New Sec. 3. On and after January 1, 1998, the secretary of human
8 resources shall make available in a medium readily accessible to contrib-
9 uting employers all administrative rulings of the department of human
10 resources which affect the duties and responsibilities of contributing em-
11 ployers. Such rulings shall be provided in such a manner as to conceal
12 the identity of the specific employer for whom the ruling concerned. The
13 secretary shall cause to be published in the Kansas register a description
14 of each such administrative ruling within 30 days of such ruling together
15 with specific instructions as to how the complete text of the administrative
16 ruling may be obtained.
17 Sec. 4. K.S.A. 44-710b and K.S.A. 1996 Supp. 44-717 are hereby
18 repealed.
19 Sec. 5. This act shall take effect and be in force from and after its
20 publication in the statute book.