Session Law

Identifying Information:L. 2003 ch. 075
Other Identifying Information:2003 House Bill 2353
Tax Type:Other
Brief Description:An Act concerning the employment security laws; relating to domestic violence; amending K.S.A. 2002 Supp. 44-706 and repealing the existing section.
Keywords:


Body:

CHAPTER 75

HOUSE BILL No. 2353

(Amended by Chapter 158)


An Act concerning the employment security laws; relating to domestic violence; amending

K.S.A. 2002 Supp. 44-706 and repealing the existing section.

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

New Section 1. This act shall be known and may be cited as the

employment security insurance act for domestic violence survivors.

New Sec. 2. As used in this act, unless the context clearly shows

otherwise:

(a) ``Abuse'' means:

(1) Causing or attempting to cause physical harm;

(2) placing another person in fear of imminent physical harm;

(3) causing another person to engage involuntarily in sexual relations

by force, threats or duress, or threatening to do so;

(4) engaging in mental abuse, which includes threats, intimidation

and acts designed to induce terror;

(5) depriving another person of health care, housing, food or other

necessities of life; or

(6) restraining the liberty of another.

(b) ``Domestic violence'' means abuse committed against an em-

ployee or an employee's spouse or dependent child by:

(1) A current or former spouse of the employee;

(2) a person with whom the employee shares parentage of a child in

common;

(3) a person who is cohabitating with, or has cohabitated with, the

employee;

(4) a person who is related by blood or marriage; or

(5) a person with whom the employee has or had a dating or engage-

ment relationship.

New Sec. 3. The secretary of human resources shall implement a

training curriculum for employees who will interact with claimants under

the provisions of sections 1 through 6, and amendments thereto. Such

curriculum shall be approved by the state domestic violence and sexual

assault coalition designated by the center for disease control or health

and human services.

New Sec. 4. No contributing employer or rated governmental em-

ployer's account shall be charged with respect to the benefits paid to a

claimant who is eligible to receive employment security benefits due to

domestic violence as set forth in K.S.A. 44-706, and amendments thereto.

New Sec. 5. This act shall be deemed part of and supplemental to

the employment security law.

Sec. 6. K.S.A. 2002 Supp. 44-706 is hereby amended to read as fol-

lows: 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; or

(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.

(b) (d) If the individual has been discharged for misconduct con-

nected with the individual's work. The disqualification shall begin the day

following the separation and shall continue until after the individual be-

comes 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 individual'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 employ-

ment from which the individual was discharged for gross misconduct con-

nected 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 (b) (d), ``misconduct'' is de-

fined 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 (b) (d) shall be construed to mean conduct evincing ex-

treme, willful or wanton misconduct as defined by this subsection (b) (d).

(2) For the purposes of this subsection (b) (d), the use of or impair-

ment caused by an alcoholic beverage, a cereal malt beverage or a non-

prescribed controlled substance by an individual while working shall be

conclusive 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 em-

ployer as a condition of employment. For purposes of this subsection (b)

(d), the disqualification of an individual from employment which dis-

qualification 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 indi-

vidual 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 conclusive evidence of misconduct. Alcoholic liquor shall be de-

fined 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. Controlled 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 (b) (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 indi-

vidual's refusal to submit to a chemical test shall not be admissible evi-

dence 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 administered as part of an employee assistance program or other drug

or alcohol treatment program in which the employee was participating

voluntarily 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 (b) (d), misconduct shall in-

clude, but not be limited to repeated absence, including lateness, from

scheduled 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 (b)

(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) 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) For any week with respect to which the secretary of human re-

sources, or a person or persons designated by the secretary, finds that the

individual's unemployment is due to a stoppage of work which exists be-

cause 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) shall not apply if it is shown to the satis-

faction of the secretary of human resources, or a person or persons des-

ignated 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 premises are

conducted in separate departments of the same premises, each such de-

partment shall, for the purpose of this subsection (d), be deemed to be

a separate factory, establishment or other premises. For the purposes of

this subsection (d), 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 employed shall be

considered as participation and interest in the labor dispute.

(e) For any week with respect to which or a part of which the indi-

vidual has received or is seeking unemployment benefits under the un-

employment 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 un-

employment benefits, this disqualification shall not apply.

(f) 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) For the period of one year beginning with the first day following

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 compen-

sation law administered by the secretary of human resources.

(h) 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) For any week of unemployment on the basis of service in an in-

structional, 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

successive academic years or terms or, when an agreement provides in-

stead 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

reasonable assurance that such individual will perform services in any

such capacity for any educational institution in the second of such aca-

demic years or terms.

(j) 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) 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).

(k) 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) For any week of unemployment on the basis of any services, sub-

stantially 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 per-

iods and there is a reasonable assurance that such individual will perform

such services in the later of such seasons or similar periods.

(m) 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) For any week in which an individual is receiving a governmental

or other pension, retirement or retired pay, annuity or other similar pe-

riodic 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 ex-

ceeds 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); 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). 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.

(o) 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) which an individual performed in an educational

institution while in the employ of an educational service agency. For the

purposes of this subsection (o), the term ``educational service agency''

means a governmental agency or entity which is established and operated

exclusively for the purpose of providing such services to one or more

educational institutions.

(p) 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 subsec-

tion (v) of K.S.A. 44-703 and amendments thereto, if such week begins

during the period between two successive academic years or during 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) 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) 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) 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 individual 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 rev-

enue code of 1986 which is exempt from income under section 501(a) of

the code.

(r) For any week in which an individual is registered at and attending

an established school, training facility or other educational institution, 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) 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) For any week with respect to which an individual is receiving or

has received remuneration in the form of a back pay award or settlement.

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 speci-

ficity in the award or agreement, such remuneration shall be allocated 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. 7. K.S.A. 2002 Supp. 44-706 is hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 14, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003