An Act concerning Kansas educational institutions; requiring the provision of educational benefits for dependents of certain deceased public safety officers; relating to residence of students for fee purposes; providing for payment by certain persons of fees at resident rates; amending K.S.A. 1995 Supp. 76-729 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) As used in this section:

(1) ``Kansas educational institution'' means and includes area voca- tional schools, area vocational-technical schools, community colleges, the municipal university, state educational institutions, and technical colleges.

(2) ``Public safety officer'' means a law enforcement officer or a fire- fighter.

(3) ``Law enforcement officer'' means a person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof or with a duty to maintain or assert custody or supervision over persons accused or convicted of crime, and includes wardens, superintendents, directors, security personnel, of- ficers and employees of adult and juvenile correctional institutions, jails or other institutions or facilities for the detention of persons accused or convicted of crime, while acting within the scope of their authority.

(4) ``Firefighter'' means a person who is employed by any city, county, township or other political subdivision of the state and who is assigned to the fire department thereof and engaged in the fighting and extinguish- ment of fires and the protection of life and property therefrom.

(5) ``Dependent'' means (A) a birth child, adopted child or stepchild of a public safety officer or (B) any child other than the foregoing who is actually dependent in whole or in part on a public safety officer and who is related to the public safety officer by marriage or consanguinity.

(6) ``State board'' means, in the case of the state educational institu- tions and the municipal university, the state board of regents; in the case of area vocational schools, area vocational-technical schools, community colleges, and technical colleges, the state board of education.

(b) Every Kansas educational institution shall provide for enrollment without charge of tuition or fees for any dependent of a public safety officer who died as the result of injury sustained while performing duties as a public safety officer so long as such dependent is eligible. Any such dependent shall be eligible for enrollment at a Kansas educational insti- tution without charge of tuition or fees for not to exceed eight semesters of undergraduate instruction, or the equivalent thereof, at all such insti- tutions, in the aggregate, for any such dependent.

(c) Subject to appropriations therefor, any Kansas educational insti- tution, at which enrollment, without charge of tuition or fees, of the de- pendent of a deceased public safety officer is provided for under subsec- tion (b), may file a claim with the appropriate state board for reimbursement of the amount of such tuition and fees. The state board shall be responsible for payment of reimbursements to Kansas educa- tional institutions upon certification by each such institution of the amount of reimbursement to which entitled. Payments to Kansas edu- cational institutions shall be made upon vouchers approved by the state board and upon warrants of the director of accounts and reports. Pay- ments may be made by issuance of a single warrant to each Kansas ed- ucational institution at which one or more eligible dependents are en- rolled for the total amount of tuition and fees not charged eligible dependents for enrollment at that institution. The director of accounts and reports shall cause such warrant to be delivered to the Kansas edu- cational institution at which such eligible dependent or dependents are enrolled. If an eligible dependent discontinues attendance before the end of any semester, after the Kansas educational institution has received payment under this subsection, the institution shall pay to the state the entire amount which such eligible dependent would otherwise qualify to have refunded, not to exceed the amount of the payment made by the state in behalf of such dependent for the semester. All amounts paid to the state by Kansas educational institutions under this subsection shall be deposited in the state treasury and credited to the state general fund.

(d) Each state board shall adopt rules and regulations, as appropriate, for administration of the applicable provisions of this section and shall determine the qualification of persons as dependents of public safety officers and the eligibility of such persons for the benefits provided for under this section.

Sec. 2. K.S.A. 1995 Supp. 76-729 is hereby amended to read as fol- lows: 76-729. (a) Persons enrolling at the state educational institutions under the control and supervision of the state board of regents who, if such persons are adults, have not been or, if such persons are minors, whose parents have not been residents of the state of Kansas for at least 12 months prior to enrollment for any term or session at a state educa- tional institution are nonresidents for fee purposes.

(b) The state board of regents may authorize the following persons, or any class or classes thereof, and their spouses and dependents to pay an amount equal to resident fees:

(1) Persons who are employees of a state educational institution;

(2) persons who are in military service;

(3) persons who are domiciliary residents of the state, who were in active military service prior to becoming domiciliary residents of the state, who were present in the state for a period of not less than two years during their tenure in active military service, whose domiciliary residence was established in the state within 30 days of discharge or retirement from active military service under honorable conditions, but whose dom- iciliary residence was not timely enough established to meet the residence duration requirement of subsection (a);

(4) persons having special domestic relations circumstances;

(5) persons who have lost their resident status within six months of enrollment;

(6) persons who are not domiciliary residents of the state, who have graduated from a high school accredited by the state board of education within six months of enrollment, who were domiciliary residents of the state at the time of graduation from high school or within 12 months prior to graduation from high school, and who are entitled to admission at a state educational institution pursuant to K.S.A. 72-116, and amendments thereto; and

(7) persons who are domiciliary residents of the state, whose domi- ciliary residence was established in the state for the purpose of accepting, upon recruitment by an employer, or retaining, upon transfer required by an employer, a position of full-time employment at a place of employ- ment in Kansas, but the domiciliary residence of whom was not timely enough established to meet the residence duration requirement of sub- section (a), and who are not otherwise eligible for authorization to pay an amount equal to resident fees under this subsection.; and

(8) persons who have graduated from a high school accredited by the state board of education within six months of enrollment and who, at the time of graduation from such a high school or while enrolled and in at- tendance at such a high school prior to graduation therefrom, were de- pendents of a person in military service within the state; if the person, whose dependent is eligible for authorization to pay an amount equal to resident fees under this provision, does not establish domiciliary residence in the state upon retirement from military service, eligibility of the de- pendent for authorization to pay an amount equal to resident fees shall lapse.

(c) As used in this section:

(1) ``Parents'' means and includes natural parents, adoptive parents, stepparents, guardians and custodians.

(2) ``Guardian'' has the meaning ascribed thereto by K.S.A. 59-3002, and amendments thereto.

(3) ``Custodian'' means a person, agency or association granted legal custody of a minor under the Kansas code for care of children.

(4) ``Domiciliary resident'' means a person who has present and fixed residence in Kansas where the person intends to remain for an indefinite period and to which the person intends to return following absence.

(5) ``Full-time employment'' means employment requiring at least 1,500 hours of work per year.

Sec. 3. K.S.A. 1995 Supp. 76-729 is hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 14, 1996.