CHAPTER 158 SENATE BILL No. 284 (Amends Chapters 2, 5, 9, 29, 40, 59, 63, 72, 75, 96, 107 and 116) An Act reconciling amendments to certain statutes and making certain technical changes
related thereto; amending K.S.A. 44-704b and 44-709, K.S.A. 2002 Supp. 79-3271,
K.S.A. 8-240, as amended by section 1 of 2003 Senate Bill No. 16, K.S.A. 8-1324, as
amended by section 3 of 2003 Senate Bill No. 16, K.S.A. 38-1602, as amended by section
2 of 2003 House Bill No. 2314, K.S.A. 2002 Supp. 44-706, as amended by section 6 of
2003 House Bill No. 2353, K.S.A. 72-6409, as amended by section 1 of 2003 House Bill
No. 2006, K.S.A. 72-8205, as amended by section 1 of 2003 Senate Bill No. 57, and
K.S.A. 2002 Supp. 75-6102, as amended by section 1 of 2003 Senate Bill No. 34, and
repealing the existing sections; also repealing K.S.A. 2002 Supp. 75-6102b, 79-1476b,
79-3226c and 79-3271a, K.S.A. 8-240, as amended by section 2 of 2003 House Bill No.
2192, K.S.A. 8-1324, as amended by section 4 of 2003 House Bill No. 2192, K.S.A. 38-
1602, as amended by section 1 of 2003 House Bill No. 2016, K.S.A. 2002 Supp. 44-706,
as amended by section 2 of 2003 House Bill No. 2332, K.S.A. 72-6409, as amended by
section 8 of 2003 Substitute for Senate Bill No. 83, K.S.A. 72-8205, as amended by
section 1 of 2003 Senate Bill No. 55, K.S.A. 72-9901, as amended by section 12 of 2003
House Bill No. 2006, and K.S.A. 2002 Supp. 75-6102, as amended by section 1 of 2003
House Bill No. 2068.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 8-240, as amended by section 1 of 2003 Senate Bill
No. 16, is hereby amended to read as follows: 8-240. (a) Every application
for an instruction permit shall be made upon a form furnished by the
division of vehicles and accompanied by a fee of $2 for class A, B, C or
M and $5 for all commercial classes. Every other application shall be
made upon a form furnished by the division and accompanied by an
examination fee of $3, unless a different fee is required by K.S.A. 8-241,
and amendments thereto, and by the proper fee for the license for which
the application is made. If the applicant is not required to take an ex-
amination the examination fee shall not be required. The examination
shall consist of three tests, as follows: (1) Vision; (2) written; and (3)
driving. If the applicant fails the vision test, the applicant may have cor-
rection of vision made and take the vision test again without any additional
fee. If an applicant fails the written test, the applicant may take such test
again upon the payment of an additional examination fee of $1.50. If an
applicant fails the driving test, the applicant may take such test again upon
the payment of an additional examination fee of $1.50. If an applicant
fails to pass all three of the tests within a period of six months from the
date of original application and desires to take additional tests, the appli-
cant shall file an application for reexamination upon a form furnished by
the division, which shall be accompanied by a reexamination fee of $3,
except that any applicant who fails to pass the written or driving portion
of an examination four times within a six-month period, shall be required
to wait a period of six months from the date of the last failed examination
before additional examinations may be given. Upon the filing of such
application and the payment of such reexamination fee, the applicant shall
be entitled to reexamination in like manner and subject to the additional
fees and time limitation as provided for examination on an original ap-
plication. If the applicant passes the reexamination, the applicant shall be
issued the classified driver's license for which the applicant originally ap-
plied, which license shall be issued to expire as if the applicant had passed
the original examination.

      (b)  (1) For the purposes of obtaining any driver's license or instruc-
tion permit, an applicant shall submit, with the application, proof of age
or proof of identity, or both, as the division may require. An applicant
shall submit the applicant's social security number or a taxpayer identi-
fication number if the applicant does not have a social security number,
which shall remain confidential and shall not be disclosed, except as pro-
vided pursuant to K.S.A. 74-2012, and amendments thereto. If the ap-
plicant does not have a social security number or a taxpayer identification
number, the applicant shall submit a sworn statement, with the applica-
tion, stating that the applicant does not have a social security number or
taxpayer identification number. The distinguishing number assigned to
the license or permit may be the applicant's social security number or a
taxpayer identification number if the applicant so requests in writing. If
the applicant is applying for an instruction permit or driver's license and
the applicant otherwise meets the requirements for such license, the ap-
plicant shall receive a temporary license or instruction permit until the
division verifies all facts relative to such applicant's right to receive an
instruction permit or driver's license, including the age, identity, social
security number, taxpayer identification number and residency of the
applicant.

      (2) An applicant who submits proof of age or of identity issued by an
entity other than a state or the United States shall also submit such proof
as the division may require that the applicant is lawfully present in the
United States.

      (3) The division shall not issue any driver's license to any person who
is not lawfully present in the United States.

      (4) The division shall not issue any driver's license to any person who
is not a resident of the state of Kansas, except as provided in K.S.A. 8-
2,148, and amendments thereto.

      (5) The parent or guardian of an applicant under 16 years of age shall
sign the application for any driver's license submitted by such applicant.

      (c) Every application shall state the name, date of birth, sex and res-
idence address of the applicant, and briefly describe the applicant, and
shall state whether the applicant has been licensed as a driver prior to
such application, and, if so, when and by what state or country. Such
application shall state whether any such license has ever been suspended
or revoked, or whether an application has ever been refused, and, if so,
the date of and reason for such suspension, revocation or refusal. In ad-
dition, applications for commercial drivers' licenses and instruction per-
mits for commercial licenses must include the following: The applicant's
social security number; the person's signature; the person's color photo-
graph; certifications, including those required by 49 C.F.R. 383.71(a),
effective January 1, 1991; a consent to release driving record information;
and, any other information required by the division.

      (d) When an application is received from a person previously licensed
in another jurisdiction, the division shall request a copy of the driver's
record from the other jurisdiction. When received, the driver's record
shall become a part of the driver's record in this state with the same force
and effect as though entered on the driver's record in this state in the
original instance.

      (e) When the division receives a request for a driver's record from
another licensing jurisdiction the record shall be forwarded without
charge.

      (f) A fee shall be charged as follows:

      (1) For a class C driver's license issued to a person at least 21 years
of age, but less than 65 years of age, $12 $18;

      (2) for a class C driver's license issued to a person less than 21 years
of age or 65 years of age or older, or a farm permit, $8 $12;

      (3) for a class M driver's license issued to a person at least 21 years
of age, but less than 65 years of age, $6.50 $12.50;

      (4) for a class M driver's license issued to a person less than 21 years
of age or 65 years of age or older, $5 $9;

      (5) for a class A or B driver's license issued to a person who is at least
21 years of age, but less than 65 years of age, $18 $24;

      (6) for a class A or B driver's license issued to a person less than 21
years of age or 65 years of age or older, $12 $16; or

      (7) for any class of commercial driver's license, $14 $18.

      A fee of $10 shall be charged for each commercial driver's license
endorsement, except air brake endorsements which shall have no charge.

      If one fails to make an original application or renewal application for a
driver's license within the time required by law, or fails to make appli-
cation within 60 days after becoming a resident of Kansas, a penalty of
$1 shall be added to the fee charged for the driver's license.

      (g) Any person who possesses an identification card as provided in
K.S.A. 8-1324, and amendments thereto, shall surrender such identifi-
cation card to the division upon being issued a valid Kansas driver's license
or upon reinstatement and return of a valid Kansas driver's license.

      Sec.  2. K.S.A. 8-1324, as amended by section 3 of 2003 Senate Bill
No. 16, is hereby amended to read as follows: 8-1324. (a) Any resident
who does not hold a current valid Kansas driver's license may make ap-
plication to the division of vehicles and be issued one identification card,
certified by the registrant and attested by the division as to true name,
correct age, photograph and other identifying data as the division may
require.

      (b) An applicant who submits documentary evidence under subsec-
tion (a), issued by an entity other than a state or the United States shall
also submit such proof as the division may require that the applicant is
lawfully present in the United States. For the purposes of obtaining any
identification card, an applicant shall submit, with the application, proof
of age or proof of identity, or both, as the division may require. An ap-
plicant shall submit the applicant's social security number or a taxpayer
identification number if the applicant does not have a social security num-
ber, which shall remain confidential and shall not be disclosed, except as
provided pursuant to K.S.A. 74-2012, and amendments thereto. If the
applicant does not have a social security number or a taxpayer identifi-
cation number, the applicant shall submit a sworn statement, with the
application, stating that the applicant does not have a social security num-
ber or taxpayer identification number. The distinguishing number as-
signed to the identification card may be the applicant's social security
number or a taxpayer identification number if the applicant so requests
in writing. If the applicant is applying for an identification card and the
applicant otherwise meets the requirements for such card, the applicant
shall receive a temporary identification card until the division verifies all
facts relative to such applicant's right to receive an identification card,
including the age, identity, social security number, taxpayer identification
number and residency of the applicant.

      (c) The division shall not issue an identification card to any person
who is not lawfully present in the United States nor to any person who
holds a current valid Kansas driver's license unless such driver's license
has been physically surrendered pursuant to the provisions of subsection
(e) of K.S.A. 8-1002, and amendments thereto.

      (d) The parent or guardian of an applicant under 16 years of age shall
sign the application for an identification card submitted by such applicant.

      (e) The division shall require payment of a fee of $8 $14 at the time
application for an identification card is made, except that persons who
are 65 or more years of age or who are handicapped, as defined in K.S.A.
8-1,124, and amendments thereto, shall be required to pay a fee of only
$4 $10.

      (f) For the purposes of K.S.A. 8-1324 through 8-1328, and amend-
ments thereto, a person shall be deemed to be a resident of the state if:

      (1) The person owns, leases or rents a place of domicile in this state;

      (2) the person engages in a trade, business or profession in this state;

      (3) the person is registered to vote in this state;

      (4) the person enrolls the person's child in a school in this state; or

      (5) the person registers the person's motor vehicle in this state.

      Sec.  3. K.S.A. 38-1602, as amended by section 2 of 2003 House Bill
2314, is hereby amended to read as follows: 38-1602. As used in this code,
unless the context otherwise requires:

      (a) ``Juvenile'' means a person 10 or more years of age but less than
18 years of age.

      (b) ``Juvenile offender'' means a person who commits an offense
while a juvenile which if committed by an adult would constitute the
commission of a felony or misdemeanor as defined by K.S.A. 21-3105,
and amendments thereto, or who violates the provisions of K.S.A. 21-
4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amend-
ments thereto, but does not include:

      (1) A person 14 or more years of age who commits a traffic offense,
as defined in subsection (d) of K.S.A. 8-2117, and amendments thereto;

      (2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated;

      (3) a person under 18 years of age who previously has been:

      (A) Convicted as an adult under the Kansas code of criminal proce-
dure;

      (B) sentenced as an adult under the Kansas code of criminal proce-
dure following termination of status as an extended jurisdiction juvenile
pursuant to K.S.A. 38-16,126, and amendments thereto; or

      (C) convicted or sentenced as an adult in another state or foreign
jurisdiction under substantially similar procedures described in K.S.A. 38-
1636, and amendments thereto, or because of attaining the age of majority
designated in that state or jurisdiction.

      (c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
fender, includes a guardian, conservator and every person who is by law
liable to maintain, care for or support the juvenile.

      (d) ``Law enforcement officer'' means any person who by virtue of
that person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes.

      (e) ``Youth residential facility'' means any home, foster home or struc-
ture which provides twenty-four-hour-a-day care for juveniles and which
is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated.

      (f) ``Juvenile detention facility'' means any secure public or private
facility which is used for the lawful custody of accused or adjudicated
juvenile offenders and which shall not be a jail.

      (g) ``Juvenile correctional facility'' means a facility operated by the
commissioner for juvenile offenders.

      (h) ``Warrant'' means a written order by a judge of the court directed
to any law enforcement officer commanding the officer to take into cus-
tody the juvenile named or described therein.

      (i) ``Commissioner'' means the commissioner of juvenile justice.

      (j) ``Jail'' means:

      (1) An adult jail or lockup; or

      (2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable licensure requirements under law and there
is (A) total separation of the juvenile and adult facility spatial areas such
that there could be no haphazard or accidental contact between juvenile
and adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including rec-
reation, education, counseling, health care, dining, sleeping, and general
living activities; and (C) separate juvenile and adult staff, including man-
agement, security staff and direct care staff such as recreational, educa-
tional and counseling.

      (k) ``Court-appointed special advocate'' means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
ments thereto, who is appointed by the court to represent the best inter-
ests of a child, as provided in K.S.A. 38-1606a, and amendments thereto,
in a proceeding pursuant to this code.

      (l) ``Juvenile intake and assessment worker'' means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 75-7023, and
amendments thereto.

      (m) ``Institution'' means the following institutions: The Kansas juve-
nile correctional complex, the Atchison juvenile correctional facility, the
Beloit juvenile correctional facility, the Larned juvenile correctional fa-
cility and the Topeka juvenile correctional facility.

      (n) ``Sanctions house'' means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under the
exclusive control of the staff of the facility, whether or not the person
being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences, or physical
restraint in order to control the behavior of its residents. Upon an order
from the court, a licensed juvenile detention facility may serve as a sanc-
tions house.

      (o) ``Sentencing risk assessment tool'' means an instrument adminis-
tered to juvenile offenders which delivers a score, or group of scores,
describing, but not limited to describing, the juvenile's potential risk to
the community.

      (p) ``Educational institution'' means all schools at the elementary and
secondary levels.

      (q) ``Educator'' means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.
72-89b03, and amendments thereto.

      (r) ``Juvenile corrections officer'' means a certified employee of the
juvenile justice authority working at a juvenile correctional facility as-
signed by the commissioner with responsibility for maintaining custody,
security and control of juveniles in the custody of the commissioner at a
juvenile correctional facility.

      (s) ``Investigator'' means an employee of the juvenile justice authority
assigned by the commissioner with the responsibility for investigations
concerning employees at the juvenile correctional facilities and juveniles
in the custody of the commissioner at a juvenile correctional facility.

      Sec.  4. K.S.A. 2002 Supp. 44-706, as amended by section 6 of 2003
House Bill No. 2353, is hereby amended to read as follows: 44-706. An
individual shall be disqualified for benefits:

      (a) If the individual left work voluntarily without good cause attrib-
utable to the work or the employer, subject to the other provisions of this
subsection (a). After a temporary job assignment, failure of an individual
to affirmatively request an additional assignment on the next succeeding
workday, if required by the employment agreement, after completion of
a given work assignment, shall constitute leaving work voluntarily. The
disqualification shall begin the day following the separation and shall con-
tinue until after the individual has become reemployed and has had earn-
ings from insured work of at least three times the individual's weekly
benefit amount. An individual shall not be disqualified under this sub-
section (a) if:

      (1) The individual was forced to leave work because of illness or injury
upon the advice of a licensed and practicing health care provider and,
upon learning of the necessity for absence, immediately notified the em-
ployer thereof, or the employer consented to the absence, and after re-
covery from the illness or injury, when recovery was certified by a prac-
ticing health care provider, the individual returned to the employer and
offered to perform services and the individual's regular work or compa-
rable and suitable work was not available; as used in this paragraph (1)
``health care provider'' means any person licensed by the proper licensing
authority of any state to engage in the practice of medicine and surgery,
osteopathy, chiropractic, dentistry, optometry, podiatry or psychology;

      (2) the individual left temporary work to return to the regular em-
ployer;

      (3) the individual left work to enlist in the armed forces of the United
States, but was rejected or delayed from entry;

      (4) the individual left work because of the voluntary or involuntary
transfer of the individual's spouse from one job to another job, which is
for the same employer or for a different employer, at a geographic loca-
tion which makes it unreasonable for the individual to continue work at
the individual's job;

      (5) the individual left work because of hazardous working conditions;
in determining whether or not working conditions are hazardous for an
individual, the degree of risk involved to the individual's health, safety
and morals, the individual's physical fitness and prior training and the
working conditions of workers engaged in the same or similar work for
the same and other employers in the locality shall be considered; as used
in this paragraph (5), ``hazardous working conditions'' means working con-
ditions that could result in a danger to the physical or mental well-being
of the individual; each determination as to whether hazardous working
conditions exist shall include, but shall not be limited to, a consideration
of (A) the safety measures used or the lack thereof, and (B) the condition
of equipment or lack of proper equipment; no work shall be considered
hazardous if the working conditions surrounding the individual's work are
the same or substantially the same as the working conditions generally
prevailing among individuals performing the same or similar work for
other employers engaged in the same or similar type of activity;

      (6) the individual left work to enter training approved under section
236(a)(1) of the federal trade act of 1974, provided the work left is not
of a substantially equal or higher skill level than the individual's past
adversely affected employment (as defined for purposes of the federal
trade act of 1974), and wages for such work are not less than 80% of the
individual's average weekly wage as determined for the purposes of the
federal trade act of 1974;

      (7) the individual left work because of unwelcome harassment of the
individual by the employer or another employee of which the employing
unit had knowledge;

      (8) the individual left work to accept better work; each determination
as to whether or not the work accepted is better work shall include, but
shall not be limited to, consideration of (A) the rate of pay, the hours of
work and the probable permanency of the work left as compared to the
work accepted, (B) the cost to the individual of getting to the work left
in comparison to the cost of getting to the work accepted, and (C) the
distance from the individual's place of residence to the work accepted in
comparison to the distance from the individual's residence to the work
left;

      (9) the individual left work as a result of being instructed or requested
by the employer, a supervisor or a fellow employee to perform a service
or commit an act in the scope of official job duties which is in violation
of an ordinance or statute;

      (10) the individual left work because of a violation of the work agree-
ment by the employing unit and, before the individual left, the individual
had exhausted all remedies provided in such agreement for the settlement
of disputes before terminating;

      (11) after making reasonable efforts to preserve the work, the indi-
vidual left work due to a personal emergency of such nature and com-
pelling urgency that it would be contrary to good conscience to impose a
disqualification; or

      (12) the individual left work due to circumstances resulting from do-
mestic violence, including:

      (A) The individual's reasonable fear of future domestic violence at or
en route to or from the individual's place of employment; or

      (B) the individual's need to relocate to another geographic area in
order to avoid future domestic violence; or

      (C) the individual's need to address the physical, psychological and
legal impacts of domestic violence; or

      (D) the individual's need to leave employment as a condition of re-
ceiving services or shelter from an agency which provides support services
or shelter to victims of domestic violence; or

      (E) the individual's reasonable belief that termination of employment
is necessary to avoid other situations which may cause domestic violence
and to provide for the future safety of the individual or the individual's
family.

      (b) An individual may prove the existence of domestic violence by
providing one of the following:

      (1) A restraining order or other documentation of equitable relief by
a court of competent jurisdiction; or

      (2) a police record documenting the abuse; or

      (3) documentation that the abuser has been convicted of one or more
of the offenses enumerated in articles 34 and 35 of chapter 21 of the
Kansas Statutes Annotated, and amendments thereto, where the victim
was a family or household member; or

      (4) medical documentation of the abuse; or

      (5) a statement provided by a counselor, social worker, health care
provider, clergy, shelter worker, legal advocate, domestic violence or sex-
ual assault advocate or other professional who has assisted the individual
in dealing with the effects of abuse on the individual or the individual's
family; or

      (6) a sworn statement from the individual attesting to the abuse.

      (c) No evidence of domestic violence experienced by an individual,
including the individual's statement and corroborating evidence, shall be
disclosed by the department of human resources unless consent for dis-
closure is given by the individual.

      (d) If the individual has been discharged for misconduct connected
with the individual's work. The disqualification shall begin the day follow-
ing the separation and shall continue until after the individual becomes
reemployed and has had earnings from insured work of at least three
times the individual's determined weekly benefit amount, except that if
an individual is discharged for gross misconduct connected with the in-
dividual's work, such individual shall be disqualified for benefits until such
individual again becomes employed and has had earnings from insured
work of at least eight times such individual's determined weekly benefit
amount. In addition, all wage credits attributable to the employment from
which the individual was discharged for gross misconduct connected with
the individual's work shall be canceled. No such cancellation of wage
credits shall affect prior payments made as a result of a prior separation.

      (1) For the purposes of this subsection (d), ``misconduct'' is defined
as a violation of a duty or obligation reasonably owed the employer as a
condition of employment. The term ``gross misconduct'' as used in this
subsection (d) shall be construed to mean conduct evincing extreme, will-
ful or wanton misconduct as defined by this subsection (d).

      (2) For the purposes of this subsection (d), the use of or impairment
caused by an alcoholic beverage, a cereal malt beverage or a nonprescri-
bed controlled substance by an individual while working shall be conclu-
sive evidence of misconduct and the possession of an alcoholic beverage,
a cereal malt beverage or a nonprescribed controlled substance by an
individual while working shall be prima facie evidence of conduct which
is a violation of a duty or obligation reasonably owed to the employer as
a condition of employment. For purposes of this subsection (d), the dis-
qualification of an individual from employment which disqualification is
required by the provisions of the drug free workplace act, 41 U.S.C. 701
et seq. or is otherwise required by law because the individual refused to
submit to or failed a chemical test which was required by law, shall be
conclusive evidence of misconduct. Refusal to submit to a chemical test
administered pursuant to an employee assistance program or other drug
or alcohol treatment program in which the individual was participating
voluntarily or as a condition of further employment shall also be conclu-
sive evidence of misconduct. Alcoholic liquor shall be defined as provided
in K.S.A. 41-102 and amendments thereto. Cereal malt beverage shall be
defined as provided in K.S.A. 41-2701 and amendments thereto. Con-
trolled substance shall be defined as provided in K.S.A. 65-4101 and
amendments thereto of the uniform controlled substances act. As used
in this subsection (d)(2), ``required by law'' means required by a federal
or state law, a federal or state rule or regulation having the force and
effect of law, a county resolution or municipal ordinance, or a policy
relating to public safety adopted in open meeting by the governing body
of any special district or other local governmental entity. An individual's
refusal to submit to a chemical test shall not be admissible evidence to
prove misconduct unless the test is required by and meets the standards
of the drug free workplace act, 41 U.S.C. 701 et seq., the test was ad-
ministered as part of an employee assistance program or other drug or
alcohol treatment program in which the employee was participating vol-
untarily or as a condition of further employment, the test was otherwise
required by law and the test constituted a required condition of employ-
ment for the individual's job, or, there was probable cause to believe that
the individual used, possessed or was impaired by an alcoholic beverage,
a cereal malt beverage or a controlled substance while working. The re-
sults of a chemical test shall not be admissible evidence to prove miscon-
duct unless the following conditions were met:

      (A) Either (i) the test was required by law, the test was administered
pursuant to the drug free workplace act, 41 U.S.C. 701 et seq., (ii) the
test was administered as part of an employee assistance program or other
drug or alcohol treatment program in which the employee was partici-
pating voluntarily or as a condition of further employment, (iii) the test
was required by law and the test constituted a required condition of em-
ployment for the individual's job, or (iv) there was probable cause to
believe that the individual used, had possession of, or was impaired by
the alcoholic beverage, the cereal malt beverage or the controlled sub-
stance while working;

      (B) the test sample was collected either (i) as prescribed by the drug
free workplace act, 41 U.S.C. 701 et seq., (ii) as prescribed by an em-
ployee assistance program or other drug or alcohol treatment program in
which the employee was participating voluntarily or as a condition of
further employment, (iii) as prescribed by a test which was required by
law and which constituted a required condition of employment for the
individual's job, or (iv) at a time contemporaneous with the events estab-
lishing probable cause;

      (C) the collecting and labeling of the test sample was performed by
a licensed health care professional or any other individual authorized to
collect or label test samples by federal or state law, or a federal or state
rule or regulation having the force and effect of law, including law en-
forcement personnel;

      (D) the test was performed by a laboratory approved by the United
States department of health and human services or licensed by the de-
partment of health and environment, except that a blood sample may be
tested for alcohol content by a laboratory commonly used for that purpose
by state law enforcement agencies;

      (E) the test was confirmed by gas chromatography, gas chromatog-
raphy-mass spectroscopy or other comparably reliable analytical method,
except that no such confirmation is required for a blood alcohol sample;
and

      (F) the foundation evidence must establish, beyond a reasonable
doubt, that the test results were from the sample taken from the individ-
ual.

      (3) For the purposes of this subsection (d), misconduct shall include,
but not be limited to repeated absence, including lateness, from sched-
uled work if the facts show:

      (A) The individual was absent without good cause;

      (B) the absence was in violation of the employer's written absentee-
ism policy;

      (C) the employer gave or sent written notice to the individual, at the
individual's last known address, that future absence may or will result in
discharge;

      (D) the employee had knowledge of the employer's written absen-
teeism policy; and

      (E) if an employee disputes being absent without good cause, the
employee shall present evidence that a majority of the employee's ab-
sences were for good cause.

      (4) An individual shall not be disqualified under this subsection (d)
if the individual is discharged under the following circumstances:

      (A) The employer discharged the individual after learning the indi-
vidual was seeking other work or when the individual gave notice of future
intent to quit;

      (B) the individual was making a good-faith effort to do the assigned
work but was discharged due to: (i) Inefficiency, (ii) unsatisfactory per-
formance due to inability, incapacity or lack of training or experience, (iii)
isolated instances of ordinary negligence or inadvertence, (iv) good-faith
errors in judgment or discretion, or (v) unsatisfactory work or conduct
due to circumstances beyond the individual's control; or

      (C) the individual's refusal to perform work in excess of the contract
of hire.

      (c) (e) If the individual has failed, without good cause, to either apply
for suitable work when so directed by the employment office of the sec-
retary of human resources, or to accept suitable work when offered to
the individual by the employment office, the secretary of human re-
sources, or an employer, such disqualification shall begin with the week
in which such failure occurred and shall continue until the individual
becomes reemployed and has had earnings from insured work of at least
three times such individual's determined weekly benefit amount. In de-
termining whether or not any work is suitable for an individual, the sec-
retary of human resources, or a person or persons designated by the
secretary, shall consider the degree of risk involved to health, safety and
morals, physical fitness and prior training, experience and prior earnings,
length of unemployment and prospects for securing local work in the
individual's customary occupation or work for which the individual is rea-
sonably fitted by training or experience, and the distance of the available
work from the individual's residence. Notwithstanding any other provi-
sions of this act, an otherwise eligible individual shall not be disqualified
for refusing an offer of suitable employment, or failing to apply for suit-
able employment when notified by an employment office, or for leaving
the individual's most recent work accepted during approved training, in-
cluding training approved under section 236(a)(1) of the trade act of 1974,
if the acceptance of or applying for suitable employment or continuing
such work would require the individual to terminate approved training
and no work shall be deemed suitable and benefits shall not be denied
under this act to any otherwise eligible individual for refusing to accept
new work under any of the following conditions: (1) If the position offered
is vacant due directly to a strike, lockout or other labor dispute; (2) if the
remuneration, hours or other conditions of the work offered are substan-
tially less favorable to the individual than those prevailing for similar work
in the locality; (3) if as a condition of being employed, the individual would
be required to join or to resign from or refrain from joining any labor
organization; (4) if the individual left employment as a result of domestic
violence, and the position offered does not reasonably accommodate the
individual's physical, psychological, safety, and/or legal needs relating to
said domestic violence.

      (d) (f) For any week with respect to which the secretary of human
resources, or a person or persons designated by the secretary, finds that
the individual's unemployment is due to a stoppage of work which exists
because of a labor dispute or there would have been a work stoppage had
normal operations not been maintained with other personnel previously
and currently employed by the same employer at the factory, establish-
ment or other premises at which the individual is or was last employed,
except that this subsection (d) (f) shall not apply if it is shown to the
satisfaction of the secretary of human resources, or a person or persons
designated by the secretary, that: (1) The individual is not participating
in or financing or directly interested in the labor dispute which caused
the stoppage of work; and (2) the individual does not belong to a grade
or class of workers of which, immediately before the commencement of
the stoppage, there were members employed at the premises at which
the stoppage occurs any of whom are participating in or financing or
directly interested in the dispute. If in any case separate branches of work
which are commonly conducted as separate businesses in separate prem-
ises are conducted in separate departments of the same premises, each
such department shall, for the purpose of this subsection (d) (f) be
deemed to be a separate factory, establishment or other premises. For
the purposes of this subsection (d) (f), failure or refusal to cross a picket
line or refusal for any reason during the continuance of such labor dispute
to accept the individual's available and customary work at the factory,
establishment or other premises where the individual is or was last em-
ployed shall be considered as participation and interest in the labor dis-
pute.

      (e) (g) For any week with respect to which or a part of which the
individual has received or is seeking unemployment benefits under the
unemployment compensation law of any other state or of the United
States, except that if the appropriate agency of such other state or the
United States finally determines that the individual is not entitled to such
unemployment benefits, this disqualification shall not apply.

      (f) (h) For any week with respect to which the individual is entitled
to receive any unemployment allowance or compensation granted by the
United States under an act of congress to ex-service men and women in
recognition of former service with the military or naval services of the
United States.

      (g) (i) For the period of one year beginning with the first day follow-
ing the last week of unemployment for which the individual received
benefits, or for one year from the date the act was committed, whichever
is the later, if the individual, or another in such individual's behalf with
the knowledge of the individual, has knowingly made a false statement
or representation, or has knowingly failed to disclose a material fact to
obtain or increase benefits under this act or any other unemployment
compensation law administered by the secretary of human resources.

      (h) (j) For any week with respect to which the individual is receiving
compensation for temporary total disability or permanent total disability
under the workmen's compensation law of any state or under a similar
law of the United States.

      (i) (k) For any week of unemployment on the basis of service in an
instructional, research or principal administrative capacity for an educa-
tional institution as defined in subsection (v) of K.S.A. 44-703 and amend-
ments thereto, if such week begins during the period between two suc-
cessive academic years or terms or, when an agreement provides instead
for a similar period between two regular but not successive terms during
such period or during a period of paid sabbatical leave provided for in
the individual's contract, if the individual performs such services in the
first of such academic years or terms and there is a contract or a reason-
able assurance that such individual will perform services in any such ca-
pacity for any educational institution in the second of such academic years
or terms.

      (j) (l) For any week of unemployment on the basis of service in any
capacity other than service in an instructional, research, or administrative
capacity in an educational institution, as defined in subsection (v) of
K.S.A. 44-703 and amendments thereto, if such week begins during the
period between two successive academic years or terms if the individual
performs such services in the first of such academic years or terms and
there is a reasonable assurance that the individual will perform such serv-
ices in the second of such academic years or terms, except that if benefits
are denied to the individual under this subsection (j) (l) and the individual
was not offered an opportunity to perform such services for the educa-
tional institution for the second of such academic years or terms, such
individual shall be entitled to a retroactive payment of benefits for each
week for which the individual filed a timely claim for benefits and for
which benefits were denied solely by reason of this subsection (j) (l).

      (k) (m) For any week of unemployment on the basis of service in any
capacity for an educational institution as defined in subsection (v) of
K.S.A. 44-703 and amendments thereto, if such week begins during an
established and customary vacation period or holiday recess, if the indi-
vidual performs services in the period immediately before such vacation
period or holiday recess and there is a reasonable assurance that such
individual will perform such services in the period immediately following
such vacation period or holiday recess.

      (l) (n) For any week of unemployment on the basis of any services,
substantially all of which consist of participating in sports or athletic
events or training or preparing to so participate, if such week begins
during the period between two successive sport seasons or similar period
if such individual performed services in the first of such seasons or similar
periods and there is a reasonable assurance that such individual will per-
form such services in the later of such seasons or similar periods.

      (m) (o) For any week on the basis of services performed by an alien
unless such alien is an individual who was lawfully admitted for perma-
nent residence at the time such services were performed, was lawfully
present for purposes of performing such services, or was permanently
residing in the United States under color of law at the time such services
were performed, including an alien who was lawfully present in the
United States as a result of the application of the provisions of section
212(d)(5) of the federal immigration and nationality act. Any data or in-
formation required of individuals applying for benefits to determine
whether benefits are not payable to them because of their alien status
shall be uniformly required from all applicants for benefits. In the case
of an individual whose application for benefits would otherwise be ap-
proved, no determination that benefits to such individual are not payable
because of such individual's alien status shall be made except upon a
preponderance of the evidence.

      (n) (p) For any week in which an individual is receiving a govern-
mental or other pension, retirement or retired pay, annuity or other sim-
ilar periodic payment under a plan maintained by a base period employer
and to which the entire contributions were provided by such employer,
except that: (1) If the entire contributions to such plan were provided by
the base period employer but such individual's weekly benefit amount
exceeds such governmental or other pension, retirement or retired pay,
annuity or other similar periodic payment attributable to such week, the
weekly benefit amount payable to the individual shall be reduced (but
not below zero) by an amount equal to the amount of such pension,
retirement or retired pay, annuity or other similar periodic payment
which is attributable to such week; or (2) if only a portion of contributions
to such plan were provided by the base period employer, the weekly
benefit amount payable to such individual for such week shall be reduced
(but not below zero) by the prorated weekly amount of the pension, re-
tirement or retired pay, annuity or other similar periodic payment after
deduction of that portion of the pension, retirement or retired pay, an-
nuity or other similar periodic payment that is directly attributable to the
percentage of the contributions made to the plan by such individual; or
(3) if the entire contributions to the plan were provided by such individ-
ual, or by the individual and an employer (or any person or organization)
who is not a base period employer, no reduction in the weekly benefit
amount payable to the individual for such week shall be made under this
subsection (n) (p); or (4) whatever portion of contributions to such plan
were provided by the base period employer, if the services performed for
the employer by such individual during the base period, or remuneration
received for the services, did not affect the individual's eligibility for, or
increased the amount of, such pension, retirement or retired pay, annuity
or other similar periodic payment, no reduction in the weekly benefit
amount payable to the individual for such week shall be made under this
subsection (n) (p). The conditions specified in clause (4) of this subsection
(n) shall not apply to payments made under the social security act or the
railroad retirement act of 1974, or the corresponding provisions of prior
law. Payments made under these acts shall be treated as otherwise pro-
vided in this subsection (n). If the reduced weekly benefit amount is not
a multiple of $1, it shall be reduced to the next lower multiple of $1 No
reduction shall be made for payments made under the social security act
or railroad retirement act of 1974.

      (o) (q) For any week of unemployment on the basis of services per-
formed in any capacity and under any of the circumstances described in
subsection (i), (j) or (k), (l) or (m) which an individual performed in an
educational institution while in the employ of an educational service
agency. For the purposes of this subsection (o) (q), the term ``educational
service agency'' means a governmental agency or entity which is estab-
lished and operated exclusively for the purpose of providing such services
to one or more educational institutions.

      (p) (r) For any week of unemployment on the basis of service as a
school bus or other motor vehicle driver employed by a private contractor
to transport pupils, students and school personnel to or from school-
related functions or activities for an educational institution, as defined in
subsection (v) of K.S.A. 44-703 and amendments thereto, if such week
begins during the period between two successive academic years or dur-
ing a similar period between two regular terms, whether or not successive,
if the individual has a contract or contracts, or a reasonable assurance
thereof, to perform services in any such capacity with a private contractor
for any educational institution for both such academic years or both such
terms. An individual shall not be disqualified for benefits as provided in
this subsection (p) (r) for any week of unemployment on the basis of
service as a bus or other motor vehicle driver employed by a private
contractor to transport persons to or from nonschool-related functions or
activities.

      (q) (s) For any week of unemployment on the basis of services per-
formed by the individual in any capacity and under any of the circum-
stances described in subsection (i), (j), (k) or (o) (k), (l), (m) or (q) which
are provided to or on behalf of an educational institution, as defined in
subsection (v) of K.S.A. 44-703 and amendments thereto, while the in-
dividual is in the employ of an employer which is a governmental entity,
Indian tribe or any employer described in section 501(c)(3) of the federal
internal revenue code of 1986 which is exempt from income under section
501(a) of the code.

      (r) (t) For any week in which an individual is registered at and at-
tending an established school, training facility or other educational insti-
tution, or is on vacation during or between two successive academic years
or terms. An individual shall not be disqualified for benefits as provided
in this subsection (r) (t) provided:

      (1) The individual was engaged in full-time employment concurrent
with the individual's school attendance; or

      (2) the individual is attending approved training as defined in sub-
section (s) of K.S.A. 44-703 and amendments thereto; or

      (3) the individual is attending evening, weekend or limited day time
classes, which would not affect availability for work, and is otherwise
eligible under subsection (c) of K.S.A. 44-705 and amendments thereto.

      (s) (u) For any week with respect to which an individual is receiving
or has received remuneration in the form of a back pay award or settle-
ment. The remuneration shall be allocated to the week or weeks in the
manner as specified in the award or agreement, or in the absence of such
specificity in the award or agreement, such remuneration shall be allo-
cated to the week or weeks in which such remuneration, in the judgment
of the secretary, would have been paid.

      (1) For any such weeks that an individual receives remuneration in
the form of a back pay award or settlement, an overpayment will be
established in the amount of unemployment benefits paid and shall be
collected from the claimant.

      (2) If an employer chooses to withhold from a back pay award or
settlement, amounts paid to a claimant while they claimed unemployment
benefits, such employer shall pay the department the amount withheld.
With respect to such amount, the secretary shall have available all of the
collection remedies authorized or provided in K.S.A. 44-717, and amend-
ments thereto.

      Sec.  5. K.S.A. 44-704b is hereby amended to read as follows: 44-
704b. (a) Cessation of extended benefits when paid under an interstate
claim in a state where an extended benefit period is not in effect:

      (1) Except as provided in subsection (a)(2), an individual shall not be
eligible for extended benefits for any week if:

      (A) Extended benefits are payable for such week pursuant to an in-
terstate claim filed in any state under the interstate benefit payment plan;
and

      (B) no extended benefit period is in effect for such week in the state
where the claim for extended benefits was filed.

      (2) Subsection (a)(1) shall not apply with respect to the first two
weeks for which extended benefits are payable, determined without re-
gard to this subsection, pursuant to an interstate claim filed under the
interstate benefit payment plan to the individual from the extended ben-
efit account established for the individual with respect to the benefit year.

      (b) Disqualification conditions. (1) An individual shall be disqualified
for payment of extended benefits for any week of unemployment in the
individual's extended entitlement period and until the individual has been
employed in each of four subsequent weeks, whether or not consecutive,
and has had earnings of at least four times the weekly extended benefit
amount if the secretary of human resources finds that during such period:

      (A) The individual failed to accept any offer of suitable work, as de-
fined under subsection (b)(2), or failed to apply for any suitable work as
defined in subsection (b)(2) to which the individual was referred by the
secretary of human resources; or

      (B) the individual failed to actively engage in seeking work as pre-
scribed under subsection (b)(4).

      (2) For purposes of this subsection (b), the term ``suitable work''
means, with respect to any individual, any work which is within such
individual's capabilities, provided, however, that the gross average weekly
remuneration payable for the work must exceed the sum of:

      (A) The individual's weekly extended benefit amount, plus the
amount, if any, of supplemental unemployment benefits, as defined in
section 501(c)(17)(D) of the internal revenue code of 1954, payable to
such individual for such week; and further,

      (B) pays wages not less than the higher of:

      (i) The minimum wage provided by section 6(a)(1) of the fair labor
standards act of 1938, without regard to any exemption; or

      (ii) the applicable state or local minimum wage;

      (C) except that no individual shall be denied extended benefits for
failure to accept an offer of or apply for any job which meets the definition
of suitability as described above if:

      (i) The position was not offered to such individual in writing by an
employing unit or was not listed with the employment service; or

      (ii) such failure could not result in a denial of benefits under the
definition of suitable work for regular benefit claimants in subsection (c)
(e) of K.S.A. 44-706 and amendments thereto to the extent that the cri-
teria of suitability in that section are not inconsistent with the provisions
of this subsection (b)(2); or

      (iii) the individual furnishes satisfactory evidence to the secretary of
human resources that the individual's prospects for obtaining work in the
individual's customary occupation within a reasonably short period are
good. If such evidence is deemed satisfactory for this purpose, the de-
termination of whether any work is suitable with respect to such individ-
ual shall be made in accordance with the definition of suitable work for
regular benefit claimants in subsection (c) (e) of K.S.A. 44-706 and
amendments thereto without regard to the definition specified by this
subsection (b)(2).

      (3) No work shall be determined suitable work for an individual
which does not accord with the labor standard provisions required by
section 3304(a)(5) of the internal revenue code of 1954. Notwithstanding
any other provisions of this act, an otherwise eligible individual shall not
be disqualified for refusing an offer of suitable employment, or failing to
apply for suitable employment when notified by an employment office,
or for leaving such individual's most recent work accepted during ap-
proved training, if the acceptance of or applying for suitable employment
or continuing such work would require the individual to terminate ap-
proved training and no work shall be deemed suitable and benefits shall
not be denied under this act to any otherwise eligible individual for re-
fusing to accept new work under any of the following conditions:

      (A) If the position offered is vacant due directly to a strike, lockout
or other labor dispute;

      (B) if the remuneration, hours or other conditions of the work offered
are substantially less favorable to the individual than those prevailing for
similar work in the locality; or

      (C) if as a condition of being employed, the individual would be re-
quired to join or to resign from or refrain from joining any labor organ-
ization.

      (4) For the purposes of subsection (b)(1)(B), an individual shall be
treated as actively engaged in seeking work during any week if:

      (A) The individual has engaged in a systematic and sustained effort
to obtain work during such week; and

      (B) the individual furnishes tangible evidence that the individual has
engaged in such effort during such week.

      (5) The employment service shall refer any individual entitled to ex-
tended benefits under this act to any suitable work which meets the cri-
teria prescribed in subsection (b)(2).

      (c) Except where inconsistent with the provisions of this act, the
terms and conditions of the employment security law which apply to
claims for regular benefits and to the payment thereof shall apply to
claims for extended benefits and to the payment thereof for weeks of
unemployment beginning after June 30, 1993, and ending before January
1, 1995. The provisions of subsection (b) do not apply to claims for ex-
tended benefits for weeks of unemployment beginning after June 30,
1993, and ending before January 1, 1995.

      Sec.  6. K.S.A. 44-709 is hereby amended to read as follows: 44-709.
(a) Filing. Claims for benefits shall be made in accordance with rules and
regulations adopted by the secretary. The secretary shall furnish a copy
of such rules and regulations to any individual requesting them. Each
employer shall post and maintain printed statements furnished by the
secretary without cost to the employer in places readily accessible to in-
dividuals in the service of the employer.

      (b) Determination. (1) Except as otherwise provided in this subsec-
tion (b)(1), a representative designated by the secretary, and hereinafter
referred to as an examiner, shall promptly examine the claim and, on the
basis of the facts found by the examiner, shall determine whether or not
the claim is valid. If the examiner determines that the claim is valid, the
examiner shall determine the first day of the benefit year, the weekly
benefit amount and the total amount of benefits payable with respect to
the benefit year. If the claim is determined to be valid, the examiner shall
send a notice to the last employing unit who shall respond within 10 days
by providing the examiner all requested information including all infor-
mation required for a decision under K.S.A. 44-706 and amendments
thereto. The information may be submitted by the employing unit in
person at an employment office of the secretary or by mail, by telefacsi-
mile machine or by electronic mail. If the required information is not
submitted or postmarked within a response time limit of 10 days after
the examiner's notice was sent, the employing unit shall be deemed to
have waived its standing as a party to the proceedings arising from the
claim and shall be barred from protesting any subsequent decisions about
the claim by the secretary, a referee, the board of review or any court,
except that the employing unit's response time limit may be waived or
extended by the examiner or upon appeal, if timely response was impos-
sible due to excusable neglect. In any case in which the payment or denial
of benefits will be determined by the provisions of subsection (d) (f) of
K.S.A. 44-706 and amendments thereto, the examiner shall promptly
transmit the claim to a special examiner designated by the secretary to
make a determination on the claim after the investigation as the special
examiner deems necessary. The parties shall be promptly notified of the
special examiner's decision and any party aggrieved by the decision may
appeal to the referee as provided in subsection (c). The claimant and the
claimant's most recent employing unit shall be promptly notified of the
examiner's or special examiner's decision.

      (2) The examiner may for good cause reconsider the examiner's de-
cision and shall promptly notify the claimant and the most recent em-
ploying unit of the claimant, that the decision of the examiner is to be
reconsidered, except that no reconsideration shall be made after the ter-
mination of the benefit year.

      (3) Notwithstanding the provisions of any other statute, a decision of
an examiner or special examiner shall be final unless the claimant or the
most recent employing unit of the claimant files an appeal from the de-
cision as provided in subsection (c). The appeal must be filed within 16
calendar days after the mailing of notice to the last known addresses of
the claimant and employing unit or, if notice is not by mail, within 16
calendar days after the delivery of the notice to the parties.

      (c) Appeals. Unless the appeal is withdrawn, a referee, after affording
the parties reasonable opportunity for fair hearing, shall affirm or modify
the findings of fact and decision of the examiner or special examiner. The
parties shall be duly notified of the referee's decision, together with the
reasons for the decision. The decision shall be final, notwithstanding the
provisions of any other statute, unless a further appeal to the board of
review is filed within 16 calendar days after the mailing of the decision
to the parties' last known addresses or, if notice is not by mail, within 16
calendar days after the delivery of the decision.

      (d) Referees. The secretary shall appoint, in accordance with subsec-
tion (c) of K.S.A. 44-714 and amendments thereto, one or more referees
to hear and decide disputed claims.

      (e) Time, computation and extension. In computing the period of
time for an employing unit response or for appeals under this section
from the examiner's or the special examiner's determination or from the
referee's decision, the day of the act, event or default from which the
designated period of time begins to run shall not be included. The last
day of the period shall be included unless it is a Saturday, Sunday or legal
holiday, in which event the period runs until the end of the next day
which is not a Saturday, Sunday or legal holiday.

      (f) Board of review. (1) There is hereby created a board of review,
hereinafter referred to as the board, consisting of three members. Except
as provided by paragraph (2) of this subsection, each member of the board
shall be appointed for a term of four years as provided in this subsection.
Two members shall be appointed by the governor, subject to confirmation
by the senate as provided in K.S.A. 75-4315b and amendments thereto.
Except as provided by K.S.A. 46-2601, no person appointed to the board,
whose appointment is subject to confirmation by the senate, shall exercise
any power, duty or function as a member until confirmed by the senate.
One member shall be representative of employees, one member shall be
representative of employers, and one member shall be representative of
the public in general. The appointment of the employee representative
member of the board shall be made by the governor from a list of three
nominations submitted by the Kansas A.F.L.-C.I.O. The appointment of
the employer representative member of the board shall be made by the
governor from a list of three nominations submitted by the Kansas cham-
ber of commerce and industry. The appointment of the public represen-
tative member of the board, who, because of vocation, occupation or
affiliation may be deemed not to be representative of either management
or labor, shall be made by the members appointed by the governor as
employee representative and employer representative. If the two mem-
bers do not agree and fail to make the appointment of the public member
within 30 days after the expiration of the public member's term of office,
the governor shall appoint the representative of the public. Not more
than two members of the board shall belong to the same political party.

      (2) The terms of members who are serving on the board on the ef-
fective date of this act shall expire on March 15, of the year in which such
member's term would have expired under the provisions of this section
prior to amendment by this act. Thereafter, members shall be appointed
for terms of four years and until their successors are appointed and con-
firmed.

      (3) Each member of the board shall serve until a successor has been
appointed and confirmed. Any vacancy in the membership of the board
occurring prior to expiration of a term shall be filled by appointment for
the unexpired term in the same manner as provided for original appoint-
ment of the member. Each member shall be appointed as representative
of the same special interest group represented by the predecessor of the
member.

      (4) Each member of the board shall be entitled to receive as com-
pensation for the member's services at the rate of $15,000 per year, which
rate of compensation shall be effective retroactively to the beginning of
the first payroll period chargeable to the fiscal year ending June 30, 1994,
together with the member's travel and other necessary expenses actually
incurred in the performance of the member's official duties in accordance
with rules and regulations adopted by the secretary. Members' compen-
sation and expenses shall be paid from the employment security admin-
istration fund.

      (5) The board shall organize annually by the election of a chairperson
from among its members. The chairperson shall serve in that capacity for
a term of one year and until a successor is elected. The board shall meet
on the first Monday of each month or on the call of the chairperson or
any two members of the board at the place designated. The secretary of
human resources shall appoint an executive secretary of the board and
the executive secretary shall attend the meetings of the board.

      (6) The board, on its own motion, may affirm, modify or set aside any
decision of a referee on the basis of the evidence previously submitted in
the case; may direct the taking of additional evidence; or may permit any
of the parties to initiate further appeal before it. The board shall permit
such further appeal by any of the parties interested in a decision of a
referee which overrules or modifies the decision of an examiner. The
board may remove to itself the proceedings on any claim pending before
a referee. Any proceedings so removed to the board shall be heard in
accordance with the requirements of subsection (c). The board shall
promptly notify the interested parties of its findings and decision.

      (7) Two members of the board shall constitute a quorum and no
action of the board shall be valid unless it has the concurrence of at least
two members. A vacancy on the board shall not impair the right of a
quorum to exercise all the rights and perform all the duties of the board.

      (g) Procedure. The manner in which disputed claims are presented,
the reports on claims required from the claimant and from employers
and the conduct of hearings and appeals shall be in accordance with rules
of procedure prescribed by the board for determining the rights of the
parties, whether or not such rules conform to common law or statutory
rules of evidence and other technical rules of procedure. A full and com-
plete record shall be kept of all proceedings and decisions in connection
with a disputed claim. All testimony at any hearing upon a disputed claim
shall be recorded, but need not be transcribed unless the disputed claim
is further appealed. In the performance of its official duties, the board
shall have access to all of the records which pertain to the disputed claim
and are in the custody of the secretary of human resources and shall
receive the assistance of the secretary upon request.

      (h) Witness fees. Witnesses subpoenaed pursuant to this section shall
be allowed fees and necessary travel expenses at rates fixed by the board.
Such fees and expenses shall be deemed a part of the expense of admin-
istering this act.

      (i) Court review. Any action of the board is subject to review in ac-
cordance with the act for judicial review and civil enforcement of agency
actions. No bond shall be required for commencing an action for such
review. In the absence of an action for such review, the action of the
board shall become final 16 calendar days after the date of the mailing
of the decision. In addition to those persons having standing pursuant to
K.S.A. 77-611 and amendments thereto, the examiner shall have standing
to obtain judicial review of an action of the board. The review proceeding,
and the questions of law certified, shall be heard in a summary manner
and shall be given precedence over all other civil cases except cases arising
under the workers compensation act.

      (j) Any finding of fact or law, judgment, determination, conclusion or
final order made by the board of review or any examiner, special exam-
iner, referee or other person with authority to make findings of fact or
law pursuant to the employment security law is not admissible or binding
in any separate or subsequent action or proceeding, between a person
and a present or previous employer brought before an arbitrator, court
or judge of the state or the United States, regardless of whether the prior
action was between the same or related parties or involved the same facts.

      (k) In any proceeding or hearing conducted under this section, a party
to the proceeding or hearing may appear before a referee or the board
either personally or by means of a designated representative to present
evidence and to state the position of the party. Hearings may be con-
ducted in person, by telephone or other means of electronic communi-
cation. The hearing shall be conducted by telephone or other means of
electronic communication if none of the parties requests an in-person
hearing. If only one party requests an in-person hearing, the referee shall
have the discretion of requiring all parties to appear in person or allow
the party not requesting an in-person hearing to appear by telephone or
other means of electronic communication. The notice of hearing shall
include notice to the parties of their right to request an in-person hearing
and instructions on how to make the request.

      Sec.  7. K.S.A. 72-6409, as amended by section 1 of 2003 House Bill
No. 2006, is hereby amended to read as follows: 72-6409. (a) ``General
fund'' means the fund of a district from which operating expenses are
paid and in which is deposited the proceeds from the tax levied under
K.S.A. 72-6431, and amendments thereto, all amounts of general state
aid under this act, payments under K.S.A. 72-7105a, and amendments
thereto, payments of federal funds made available under the provisions
of title I of public law 874, except amounts received for assistance in cases
of major disaster and amounts received under the low-rent housing pro-
gram, and such other moneys as are provided by law.

      (b) ``Operating expenses'' means the total expenditures and lawful
transfers from the general fund of a district during a school year for all
purposes, except expenditures for the purposes specified in K.S.A. 72-
6430, and amendments thereto.

      (c) ``General fund budget'' means the amount budgeted for operating
expenses in the general fund of a district.

      (d) ``Budget per pupil'' means the general fund budget of a district
divided by the enrollment of the district.

      (e) ``Program weighted fund'' means and includes the following funds
of a district: Transportation fund, Vocational education fund, and bilin-
gual education fund.

      (f) ``Categorical fund'' means and includes the following funds of a
district: Special education fund, food service fund, driver training fund,
adult education fund, adult supplementary education fund, area voca-
tional school fund, professional development fund, parent education pro-
gram fund, summer program fund, extraordinary school program fund,
and educational excellence grant program fund.

      Sec.  8. K.S.A. 72-8205, as amended by section 1 of 2003 Senate Bill
No. 57, is hereby amended to read as follows: 72-8205. (a) The board
shall meet at least once each month. At some time During the month of
July of each year, the board shall adopt a resolution specifying a regular
meeting time of the board and such resolution shall specify the regular
hour of commencement of the meeting, as well as the day of the week
and the week of the month. Such resolution also shall provide that specify
the alternative date and time of any meeting if the regular meeting date
occurs on a Sunday or on a legal holiday or on a holiday specified by the
board, such regular meeting shall be held on the day following com-
mencing at the same hour. Such resolution also shall specify the regular
meeting place of the board and may specify that any regular meeting may
be adjourned to another time and place. If the board cancels a regularly-
scheduled meeting because of an emergency, within 24 hours of such can-
cellation, the board shall establish and give notice of the new meeting date
and time. Special meetings may be called at any time by the president of
the board or by joint action of any three members of the board. Unless
waived, written notice, stating the time and place of any special meeting
and the purpose for which called shall be given each member of the board
at least two days in advance of the special meeting and no business other
than that stated in the notice shall be transacted at such meeting. A ma-
jority of the full membership of the board shall constitute a quorum for
the purpose of conducting any business of the school district, and the vote
of a majority of the full membership of the board shall be required for
the passage of any motion or resolution. Any member who abstains from
voting shall be counted as having voted against the motion or resolution.
If a member announces a conflict of interest with regard to the issue, the
member may leave the meeting until the voting on the issue is concluded
and the member who abstains from voting thereby shall not be counted
as having voted.

      (b) Except as otherwise provided by law, the board shall have and
may exercise the same powers and authorities as were immediately prior
to this act conferred uniformly upon boards of education in cities of the
first class, and, in addition thereto, the powers and authority expressly
conferred by law.

      (c) The board shall have authority to prescribe courses of study for
each year of the school program and to adopt rules and regulations for
teaching in the school district and general government thereof, and to
approve and adopt suitable textbooks and study material for use therein
subject to the plans, methods, rules and regulations of the state board of
education.

      (d) The board may provide legal counsel at district expense to any
members of the board of education, or school district officers or employ-
ees who are sued in situations relating to and arising out of the perform-
ance of their office or employment. No teacher or other employment
contract shall make reference to or incorporate the provisions of this
subsection, nor shall the provisions of this subsection be construed as any
part of the consideration of employment of any teacher, officer or other
employee of the board.

      (e)  (1) The board may transact all school district business and adopt
policies that the board deems appropriate to perform its constitutional
duty to maintain, develop and operate local public schools.

      (2) The power granted by this subsection shall not be construed to
relieve a board from compliance with state law.

      The power granted by this subsection shall not be construed to relieve
any other unit of government of its duties and responsibilities which are
prescribed by law, nor to create any responsibility on the part of a school
district to assume the duties or responsibilities which are required of
another unit of government.

      (3) The board shall exercise the power granted by this subsection by
resolution of the board of education.

      Sec.  9. K.S.A. 2002 Supp. 75-6102, as amended by section 1 of 2003
Senate Bill No. 34, is hereby amended to read as follows: 75-6102. As
used in K.S.A. 75-6101 through 75-6118, and amendments thereto, unless
the context clearly requires otherwise:

      (a) ``State'' means the state of Kansas and any department or branch
of state government, or any agency, authority, institution or other instru-
mentality thereof.

      (b) ``Municipality'' means any county, township, city, school district
or other political or taxing subdivision of the state, or any agency, au-
thority, institution or other instrumentality thereof.

      (c) ``Governmental entity'' means state or municipality.

      (d) ``Employee'' means any officer, employee, servant or member of
a board, commission, committee, division, department, branch or council
of a governmental entity, including elected or appointed officials and
persons acting on behalf or in service of a governmental entity in any
official capacity, whether with or without compensation and a charitable
health care provider. Employee includes any steward or racing judge ap-
pointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless
of whether the services of such steward or racing judge are rendered
pursuant to contract as an independent contractor, but does not otherwise
include any independent contractor under contract with a governmental
entity except (1) employees of the United States marshal's service en-
gaged in the transportation of inmates on behalf of the secretary of cor-
rections, (2) a person who is an employee of a nonprofit independent
contractor, other than a municipality, under contract to provide educa-
tional or vocational training to inmates in the custody of the secretary of
corrections and who is engaged in providing such service in an institution
under the control of the secretary of corrections provided that such em-
ployee does not otherwise have coverage for such acts and omissions
within the scope of their employment through a liability insurance con-
tract of such independent contractor; and (3) a person who is an employee
or volunteer of a nonprofit program, other than a municipality, who has
contracted with the commissioner of juvenile justice or with another non-
profit program that has contracted with the commissioner of juvenile
justice to provide a juvenile justice program for juvenile offenders in a
judicial district provided that such employee or volunteer does not oth-
erwise have coverage for such acts and omissions within the scope of their
employment or volunteer activities through a liability insurance contract
of such nonprofit program. ``Employee'' also includes an employee of an
indigent health care clinic. ``Employee'' also includes former employees
for acts and omissions within the scope of their employment during their
former employment with the governmental entity. ``Employee'' also in-
cludes any member of a regional medical emergency response team, cre-
ated under the provisions of K.S.A. 48-928, and amendments thereto, in
connection with authorized training or upon activation for an emergency
response.

      (e) ``Community service work'' means public or community service
performed by a person (1) as a result of a contract of diversion entered
into by such person as authorized by law, (2) pursuant to the assignment
of such person by a court to a community corrections program, (3) as a
result of suspension of sentence or as a condition of probation pursuant
to court order, (4) in lieu of a fine imposed by court order or (5) as a
condition of placement ordered by a court pursuant to K.S.A. 38-1663,
and amendments thereto.

      (f) ``Charitable health care provider'' means a person licensed by the
state board of healing arts as an exempt licensee or a federally active
licensee, a person issued a limited permit by the state board of healing
arts, a physician assistant licensed by the state board of healing arts or a
health care provider as the term ``health care provider'' is defined under
K.S.A. 65-4921, and amendments thereto, who has entered into an agree-
ment with:

      (1) The secretary of health and environment under K.S.A. 75-6120,
and amendments thereto, who, pursuant to such agreement, gratuitously
renders professional services to a person who has provided information
which would reasonably lead the health care provider to make the good
faith assumption that such person meets the definition of medically in-
digent person as defined by this section or to a person receiving medical
assistance from the programs operated by the department of social and
rehabilitation services, and who is considered an employee of the state of
Kansas under K.S.A. 75-6120, and amendments thereto;

      (2) the secretary of health and environment and who, pursuant to
such agreement, gratuitously renders professional services in conducting
children's immunization programs administered by the secretary;

      (3) a local health department or indigent health care clinic, which
renders professional services to medically indigent persons or persons
receiving medical assistance from the programs operated by the depart-
ment of social and rehabilitation services gratuitously or for a fee paid by
the local health department or indigent health care clinic to such provider
and who is considered an employee of the state of Kansas under K.S.A.
75-6120 and amendments thereto. Professional services rendered by a
provider under this paragraph (3) shall be considered gratuitous notwith-
standing fees based on income eligibility guidelines charged by a local
health department or indigent health care clinic and notwithstanding any
fee paid by the local health department or indigent health care clinic to
a provider in accordance with this paragraph (3); or

      (4) the secretary of health and environment to provide dentistry serv-
ices defined by K.S.A. 65-1422 et seq. and amendments thereto or dental
hygienist services defined by K.S.A. 65-1456 and amendments thereto
that are targeted, but are not limited to medically indigent persons, and
are provided on a gratuitous basis at a location sponsored by a not-for-
profit organization that is not the dentist or dental hygienist office loca-
tion. Except that such dentistry services and dental hygienist services shall
not include ``oral and maxillofacial surgery'' as defined by Kansas admin-
istrative regulation 71-2-2, or use sedation or general anesthesia that re-
sult in ``deep sedation'' or ``general anesthesia'' as defined by Kansas ad-
ministrative regulation 71-5-1.

      (g) ``Medically indigent person'' means a person who lacks resources
to pay for medically necessary health care services and who meets the
eligibility criteria for qualification as a medically indigent person estab-
lished by the secretary of health and environment under K.S.A. 75-6120,
and amendments thereto.

      (h) ``Indigent health care clinic'' means an outpatient medical care
clinic operated on a not-for-profit basis which has a contractual agreement
in effect with the secretary of health and environment to provide health
care services to medically indigent persons.

      (i) ``Local health department'' shall have the meaning ascribed to such
term under K.S.A. 65-241 and amendments thereto.

      (j) ``Fire control, fire rescue or emergency medical services equip-
ment'' means any vehicle, firefighting tool, protective clothing, breathing
apparatus and any other supplies, tools or equipment used in firefighting
or fire rescue or in the provision of emergency medical services.

      Sec.  10. K.S.A. 2002 Supp. 79-3271 is hereby amended to read as
follows: 79-3271. As used in this act, unless the context otherwise re-
quires: (a) ``Business income'' means income arising from transactions and
activity in the regular course of the taxpayer's trade or business and in-
cludes income from tangible and intangible property if the acquisition,
management, and disposition of the property constitute integral parts of
the taxpayer's regular trade or business operations, except that for taxable
years commencing after December 31, 1995, a taxpayer may elect that
all income derived from the acquisition, management, use or disposition
of tangible or intangible property constitutes business income. The elec-
tion shall be effective and irrevocable for the taxable year of the election
and the following nine taxable years. The election shall be binding on all
members of a unitary group of corporations.

      (b) ``Commercial domicile'' means the principal place from which the
trade or business of the taxpayer is directed or managed.

      (c) ``Compensation'' means wages, salaries, commissions and any
other form of remuneration paid to employees for personal services.

      (d) ``Financial organization'' means any bank, trust company, savings
bank, industrial bank, land bank, safe deposit company, private banker,
savings and loan association, credit union, cooperative bank, or any type
of insurance company, but such term shall not be deemed to include any
business entity, other than those hereinbefore enumerated, whose pri-
mary business activity is making consumer loans or purchasing retail in-
stallment contracts from one or more sellers.

      (e) ``Nonbusiness income'' means all income other than business in-
come.

      (f) ``Public utility'' means any business entity which owns or operates
for public use any plant, equipment, property, franchise, or license for
the transmission of communications, transportation of goods or persons,
or the production, storage, transmission, sale, delivery, or furnishing of
electricity, water, steam, oil, oil products or gas.

      (g) ``Original return'' means the first return filed to report the income
of a taxpayer for a taxable year or period, irrespective of whether such
return is filed on a single entity basis or a combined basis.

      (h) ``Sales'' means all gross receipts of the taxpayer not allocated un-
der K.S.A. 79-3274 through 79-3278, and amendments thereto.

      (i) ``State'' means any state of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, any territory or possession
of the United States, and any foreign country or political subdivision
thereof.

      (j) ``Telecommunications company'' means any business entity or uni-
tary group of entities whose primary business activity is the transmission
of communications in the form of voice, data, signals or facsimile com-
munications by wire or fiber optic cable.

      (k) ``Distressed area taxpayer'' means a corporation which: (1) Is lo-
cated in a county which has a population of not more than 45,000 persons
and which, as certified by the department of commerce and housing, has
sustained an adverse economic impact due to the closure of a state hos-
pital in such county pursuant to the recommendations of the hospital
closure commission; and (2) which has a total annual payroll of
$20,000,000 or more for employees employed within such county.

      (l) For the purposes of this subsection and subsection (b)(5) of K.S.A.
79-3279, and amendments thereto, the following terms are defined:

      (1) ``Administration services'' include clerical, fund or shareholder ac-
counting, participant record keeping, transfer agency, bookkeeping, data
processing, custodial, internal auditing, legal and tax services performed
for an investment company;

      (2) ``distribution services'' include the services of advertising, servic-
ing, marketing, underwriting or selling shares of an investment company,
but, in the case of advertising, servicing or marketing shares, only where
such service is performed by a person who is, or in the case of a closed
end company, was, either engaged in the services of underwriting or sell-
ing investment company shares or affiliated with a person who is engaged
in the service of underwriting or selling investment company shares. In
the case of an open end company, such service of underwriting or selling
shares must be performed pursuant to a contract entered into pursuant
to 15 U.S.C.§ 80a-15(b), as in effect on the effective date of this act;

      (3) ``investment company'', means any person registered under the
federal Investment Company Act of 1940, as in effect on the effective
date of this act, or a company which would be required to register as an
investment company under such act except that such person is exempt to
such registration pursuant to§ 80a-3(c)(1) of such act;

      (4) ``investment funds service corporation'' includes any corporation
or S corporation headquartered in and doing business in this state which
derives more than 50% of its gross income from the provision of man-
agement, distribution or administration services to or on behalf of an
investment company or from trustees, sponsors and participants of em-
ployee benefit plans which have accounts in an investment company;

      (5) ``management services'' include the rendering of investment ad-
vice to an investment company making determinations as to when sales
and purchases of securities are to be made on behalf of the investment
company, or the selling or purchasing of securities constituting assets of
an investment company, and related activities, but only where such activ-
ity or activities are performed:

      (A) Pursuant to a contract with the investment company entered into
pursuant to 15 U.S.C. § 80a-15(a), in effect on the effective date of this
act; or

      (B) for a person that has entered into such contract with the invest-
ment company;

      (6) ``qualifying business income'' is business income derived from the
provision of management, distribution or administration services to or on
behalf of an investment company or from trustees, sponsors and partici-
pants of employee benefit plans which have accounts in an investment
company; and

      (7) ``residence'' is the fund shareholder's primary residence address.

 Sec.  11. K.S.A. 44-704b and 44-709, K.S.A. 2002 Supp. 75-6102b,
79-1476b, 79-3226c, 79-3271 and 79-3271a, K.S.A. 8-240, as amended by
section 1 of 2003 Senate Bill No. 16, and 8-240, as amended by section
2 of 2003 House Bill No. 2192, K.S.A. 8-1324, as amended by section 3
of 2003 Senate Bill No. 16, and 8-1324, as amended by section 4 of 2003
House Bill No. 2192, K.S.A. 38-1602, as amended by section 2 of 2003
House Bill No. 2314 and 38-1602, as amended by section 1 of 2003 House
Bill No. 2016, K.S.A. 2002 Supp. 44-706, as amended by section 6 of 2003
House Bill No. 2353, and 44-706, as amended by section 2 of 2003 House
Bill No. 2332, K.S.A. 72-6409, as amended by section 1 of 2003 House
Bill No. 2006, and 72-6409, as amended by section 8 of 2003 Substitute
for Senate Bill No. 83, K.S.A. 72-8205, as amended by section 1 of 2003
Senate Bill No. 57, and 72-8205, as amended by section 1 of 2003 Senate
Bill No. 55, K.S.A. 72-9901, as amended by section 12 of 2003 House
Bill No. 2006, K.S.A. 2002 Supp. 75-6102, as amended by section 1 of
2003 Senate Bill No. 34, and 75-6102, as amended by section 1 of 2003
House Bill No. 2068, are hereby repealed.

 Sec.  12. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 22, 2003.
__________