Session Law

Identifying Information:L. 2001 ch. 151
Other Identifying Information:2001 House Bill 2014
Tax Type:Other
Brief Description:An Act concerning higher education; relating to professional service scholarships for pro- spective osteopaths, optometrists, nurses, teachers and national guard officers; amending K.S.A. 74-3267a, 74-3268, 74-3268a, 74-3271, 74-3272, 74-3273, 74-3291, 74-3293, 74- 3294, 74-3297, 74-3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-32,105 and 74- 32,106 and K.S.A. 2000 Supp. 74-3256, 74-3257, 74-3258, 74-3259, 74-3260, 74-3265, 74-3266, 74-3267, 74-3292, 74-3295, 74-3296, 74-3298, 74-32,104, 74-32,107, 74- 32,112, 74-32,113, 74-32,114, 74-32,115, 74-32,116, 74-32,117, 74-32,118, 74-32,131, 74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-32,137 and 74-32,138 and repealing the existing sections; also repealing K.S.A. 74-3223, 74-3224, 74-3225, 74- 3226, 74-3227, 74-3228, 74-3246, 74-3247, 74-3248 and 74-3269.
Keywords:


Body:

CHAPTER 151

HOUSE BILL No. 2014


An Act concerning higher education; relating to professional service scholarships for pro-

spective osteopaths, optometrists, nurses, teachers and national guard officers; amending

K.S.A. 74-3267a, 74-3268, 74-3268a, 74-3271, 74-3272, 74-3273, 74-3291, 74-3293, 74-

3294, 74-3297, 74-3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-32,105 and 74-

32,106 and K.S.A. 2000 Supp. 74-3256, 74-3257, 74-3258, 74-3259, 74-3260, 74-3265,

74-3266, 74-3267, 74-3292, 74-3295, 74-3296, 74-3298, 74-32,104, 74-32,107, 74-

32,112, 74-32,113, 74-32,114, 74-32,115, 74-32,116, 74-32,117, 74-32,118, 74-32,131,

74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-32,137 and 74-32,138 and

repealing the existing sections; also repealing K.S.A. 74-3223, 74-3224, 74-3225, 74-

3226, 74-3227, 74-3228, 74-3246, 74-3247, 74-3248 and 74-3269.




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

Section 1. K.S.A. 2000 Supp. 74-3265 is hereby amended to read as

follows: 74-3265. (a) Within the limits of appropriations therefor for os-

teopathic medical service scholarships, and in accordance with the pro-

visions of this section, the state board of regents may award such schol-

arships in accordance with the provisions of this section to Kansas

residents who are undergraduate students enrolled in or admitted to ac-

credited schools of osteopathic medicine in a course of instruction leading

to the degree of doctor of osteopathy and who enter into a written agree-

ment with the state board of regents as provided in accordance with

K.S.A. 74-3266, and amendments thereto.

(b) Osteopathic medical service scholarships awarded under this sec-

tion shall be in effect during for the period of time provided specified in

subsection (c) and shall provide to the person receiving the scholarship

the payment of all tuition and required fees for one year up to a maximum

of $15,000 an amount not to exceed the maximum amount of a loan au-

thorized to be made under the medical student loan act.

(c) Osteopathic medical service scholarships awarded under this sec-

tion shall be awarded on an annual basis and shall be in effect for one

year unless otherwise terminated before the expiration of such period of

time. A Kansas resident who is an undergraduate student enrolled in or

admitted to an accredited school of osteopathic medicine in a course of

instruction leading to the degree of doctor of osteopathy may be awarded

a separate scholarship for each separate year the student enters into a

written agreement with the state board of regents under as provided in

K.S.A. 74-3266, and amendments thereto, up to a maximum of four years.

For each separate year a student is awarded a scholarship under this

section, the student shall engage in the full-time practice of medicine and

surgery in Kansas for a the period of 12 months time specified in subsec-

tion (a)(3) of K.S.A. 74-3266, and amendments thereto, unless such ob-

ligation is otherwise satisfied as provided in K.S.A. 74-3268, and amend-

ments thereto.

(d) The state board of regents shall not award more than 15 osteo-

pathic medical service scholarships in any year to persons who have not

previously been awarded such a scholarship under this section and, in any

case, the state board shall not award more than 60 such scholarships under

this section in any year. In selecting Kansas residents to be awarded os-

teopathic medical service scholarships under this section, the state board

shall first consider give primary consideration to students commencing

their first year of instruction at accredited schools of osteopathic medicine

and thereafter shall consider students in later years of instruction.

Sec. 2. K.S.A. 2000 Supp. 74-3266 is hereby amended to read as

follows: 74-3266. (a) An agreement entered into by the state board of

regents and a Kansas resident who is an undergraduate student enrolled

in or admitted to an accredited school of osteopathic medicine in a course

of instruction leading to the degree of doctor of osteopathy for the award-

ing of a an osteopathic medical service scholarship under K.S.A. 74-3265

and amendments thereto shall require that the person receiving the schol-

arship:

(1) Complete the required course of instruction and receive the de-

gree of doctor of osteopathy;

(2) apply for and obtain a license to practice medicine and surgery in

Kansas;

(3) except as otherwise provided in subsection (c), engage in the full-

time practice of medicine and surgery in Kansas on a full-time basis for

a period of 12 months in Kansas for each year a scholarship was received

or on a part-time basis for a period equivalent to 12 months, as determined

by the state board of regents, for each year a scholarship was received;

(4) (A) with regard to persons entering into agreements entered into

prior to July 1, 1993 the effective date of this act, commence such full-

time or part-time practice of medicine and surgery within nine months

after licensure or within nine months after completion of a an approved

postgraduate residency training program and licensure, whichever is

later, and continue such full-time practice in Kansas for a consecutive

period of months equal to the total number of months required under

the agreement;

(B) with regard to persons entering into agreements entered into af-

ter July 1, 1993 the effective date of this act, commence such full-time or

part-time practice of medicine and surgery within nine six months after

licensure or within nine six months after completion of an approved post-

graduate residency training program as defined in this section and licen-

sure, whichever is later, and continue such full-time practice in Kansas

for a consecutive period of months equal to the total number of months

required under the agreement;

(5) agree that the service commitment for each agreement entered

into under this section is in addition to the service commitment contained

in any other agreement which has been or may be entered into under

this section for the purpose of obtaining scholarship aid;

(6) maintain records and make reports to the state board of regents

to document the satisfaction of the obligation under such agreement to

engage in the full-time or part-time practice of medicine and surgery in

Kansas and to continue such full-time practice for a consecutive period

of months equal to the total number of months required under the agree-

ment; and

(7) repay amounts to the state board of regents as provided in K.S.A.

74-3267, and amendments thereto, upon failure to satisfy an agreement

to engage in the full-time or part-time practice of medicine and surgery

in Kansas for the required period of time under any such agreement, the

person receiving a scholarship under K.S.A. 74-3265 and amendments

thereto shall repay amounts to the state board of regents as provided in

K.S.A. 74-3267 and amendments thereto entered into as provided in this

section.

(b) (1) Each Kansas student who enters into an agreement under this

section after June 30, 1988, shall serve the practice obligations incurred

by such student under such agreement within an area of the state des-

ignated as a service commitment area I pursuant to K.S.A. 76-375 and

amendments thereto. Such student shall select a service commitment area

I in accordance with the provisions of K.S.A. 76-375 and amendments

thereto and shall be subject to the provisions of subsections (c) and (d)

of such K.S.A. 76-375 and amendments thereto in the same manner and

to the same effect as a person required to engage in the full-time practice

of medicine and surgery in a service commitment area I pursuant to any

agreement under K.S.A. 76-373 through 76-377a and amendments

thereto, except that in lieu of informing or notifying the university of

Kansas school of medicine of certain matters under the provisions of

subsections (c) and (d) of such K.S.A. 76-375 and amendments thereto

such student shall inform and notify the state board of regents thereof.

(2) Except as otherwise provided in subsection (c), each Kansas stu-

dent who enters into an agreement under as provided in this section after

June 30, 1993, shall serve the practice obligations incurred by such stu-

dent under such the agreement in any county of this state other than

Douglas, Johnson, Sedgwick, Shawnee or Wyandotte counties a rural

area or a medically underserved area.

(c) (1) A person awarded a an osteopathic medical service scholarship

in accordance with the provisions of K.S.A. 74-3265 through 74-3268 and

amendments thereto may satisfy the obligation to engage in the practice

of medicine and surgery, under an agreement entered into pursuant to

this section, even though such person is engaged in practice in an area

not designated a rural area or a medically underserved area by specialty,

or a critically medically underserved area by specialty, or is engaged in

practice in Douglas, Johnson, Sedgwick, Shawnee or Wyandotte counties,

through employment by the state of Kansas on a part-time basis by the

state of Kansas, which employment has been approved by the state board

of regents, for the practice of medicine and surgery at any state medical

care facility or institution.

(d) (2) For all the purposes under of this section subsection, service

or employment after June 30, 1988, on a part-time basis at a state medical

care facility or institution shall be on the a part-time basis of at least the

equivalent of 1/2 time in order to shall satisfy practice obligations under

the obligation to engage in the full-time practice of medicine and surgery

in Kansas for a period of 12 months for each year a scholarship was

received as provided in an agreement entered into under this section.

(e) (d) As used in this section and K.S.A. 74-3267 and amendments

thereto For the purposes of the osteopathic medical service scholarship

program (1) ``state medical care facility or institution'' has the meaning

ascribed thereto by in subsection (k) of K.S.A. 76-375, and amendments

thereto; and (2) ``approved postgraduate residency training program''

means a residency training program in general pediatrics, general internal

medicine, pediatrics, family medicine, family practice, obstetrics and gy-

necology, or emergency medicine; (3) ``medically underserved area''

means a practice location designated medically underserved by the state

board of regents; and (4) ``rural area'' means any county of this state other

than Douglas, Johnson, Sedgwick, Shawnee and Wyandotte counties.

Sec. 3. K.S.A. 2000 Supp. 74-3267 is hereby amended to read as

follows: 74-3267. (a) (1) Except as otherwise provided in K.S.A. 74-3268,

and amendments thereto, upon the failure of any person to satisfy the

obligation to engage in the full-time or part-time practice of medicine

and surgery within the state of Kansas for the required period of time

under any an agreement entered into pursuant to as provided in K.S.A.

74-3265 and 74-3266, and amendments thereto, such person shall repay

to the state board of regents an amount equal to the total of (1) the

amount of money received by such person pursuant to such agreement

plus (2) annual accrued interest at a rate of 15% from the date such money

was received at a rate which is equivalent to the interest rate applicable

to loans made under the federal PLUS program at the time such person

first entered into an agreement plus five percentage points.

(2) Any person who applies for and enters a postgraduate residency

training program that is not an approved program as provided in this

section shall be required to repay all moneys received pursuant to as

provided in an agreement entered into for any scholarship awarded under

K.S.A. 74-3265 74-3266, and amendments thereto, plus accumulated ac-

crued interest at an annual rate of 15% from the date such moneys were

received at a rate which is equivalent to the interest rate applicable to

loans made under the federal PLUS program at the time such person first

entered into an agreement plus five percentage points and shall commence

such repayment in accordance with subsection (b) within 90 days of grad-

uation from the school of osteopathic medicine or upon termination or

completion of a residency training program which does not comply with

the provisions of this act, whichever is later.

(3) Any person who enters and completes an approved postgraduate

residency training program but fails to satisfy the obligation to engage in

the full-time or part-time practice of medicine and surgery within a serv-

ice commitment area of this state for the required period of time shall

be required to repay all money received pursuant to an agreement en-

tered into for any scholarship awarded under K.S.A. 74-3865 74-3266,

and amendments thereto, plus accumulated accrued interest at an annual

rate of 15% from the date such money was received at a rate which is

equivalent to the interest rate applicable to loans made under the federal

PLUS program at the time such person first entered into an agreement

plus five percentage points and shall commence such repayment in ac-

cordance with subsection (b) within 90 days of failure to commence qual-

ifying practice satisfy the obligation.

(b) Each person required to repay any amount under this section shall

repay an amount totaling the entire amount to be repaid under all such

agreements for which such obligations are not satisfied, including all

amounts of interest at the rate prescribed. Except as otherwise provided

in this section, such repayment shall be in installment payments and each

such installment shall be not less than the an amount equal to 1/5 of the

total amount which would be required to be paid if repaid in five equal

annual installments.

(c) Except as otherwise provided in this section subparts (2) and (3)

of subsection (a), all installment payments under this section shall com-

mence six months after the date of the action or circumstance that causes

the failure of the person to satisfy the obligations of such agreements, as

determined by the state board of regents based upon the circumstances

of each individual case. If an installment payment becomes 91 days over-

due, the entire amount outstanding shall become immediately due and

payable, including all amounts of interest at the rate prescribed.

(d) The total repayment obligation imposed under all agreements en-

tered into under as provided in K.S.A. 74-3266, and amendments thereto,

may be satisfied at any time prior to graduation from the accredited school

of osteopathic medicine by making a single lump sum payment equal to

the total of (1) the entire amount to be repaid under all such agreements

upon failure to satisfy the obligations under such agreements to practice

in Kansas, plus (2) all amounts of interest accrued thereon at the rate

prescribed to the date of payment under this section.

(e) The state board of regents is authorized to turn any repayment

account arising under the osteopathic medical service scholarship pro-

gram over to a designated loan servicer or collection agency, the state not

being involved other than to receive payments from the loan servicer or

collection agency at the interest rate prescribed under this section.

Sec. 4. K.S.A. 74-3267a is hereby amended to read as follows: 74-

3267a. There is hereby created in the state treasury the osteopathic med-

ical service scholarship repayment fund. The state board of regents shall

remit all moneys received under K.S.A. 74-3247, 74-3248 and 74-3267,

and amendments thereto, to the state treasurer at least monthly. Upon

receipt of each such remittance the state treasurer shall deposit the entire

amount thereof in the state treasury, and such amount shall be credited

to the osteopathic medical service scholarship repayment fund. All ex-

penditures from the osteopathic medical service scholarship repayment

fund shall be for osteopathic medical service scholarships under K.S.A.

74-3265 and amendments thereto, and shall be made in accordance with

appropriation acts upon warrants of the director of accounts and reports

issued pursuant to vouchers approved by the executive officer of the state

board of regents or a person designated by the executive officer.

Sec. 5. K.S.A. 74-3268 is hereby amended to read as follows: 74-

3268. (a) An obligation to engage in the practice of medicine and surgery

in accordance with an agreement under K.S.A. 74-3266, and amendments

thereto, shall be postponed: (1) During any required period of active

military service; (2) during any period of service as a part of volunteers

in service to America (VISTA); (3) during any period of service in the

peace corps; (4) during any period of service commitment to the United

States public health service; (5) during any period of religious missionary

work conducted by an organization exempt from tax under subsection (c)

of section 501(c)(3) of the federal internal revenue code of 1954, as

amended as in effect on December 31, 2000; (6) during the any period of

time the person obligated is engaged solely in the teaching of medicine;

(7) during the any period of time the person obligated is engaged solely

in medical research; or (8) during any period of temporary medical dis-

ability during which time the person obligated is unable because of such

temporary medical disability to practice medicine and surgery; (9) during

any period of time the person obligated is on job-protected leave under

the federal family and medical leave act of 1993; or (10) during any period

of time the state board of regents determines that the person obligated is

unable because of special circumstances to practice medicine and surgery.

Except for clause clauses (8) of this subsection (a), (9) and (10), an obli-

gation to engage in the practice of medicine and surgery in accordance

with an agreement under K.S.A. 74-3266, and amendments thereto, shall

not be postponed more than five years from the time the practice of

medicine and surgery was to have been commenced under any such

agreement. An obligation to engage in the practice of medicine and sur-

gery in accordance with an agreement under K.S.A. 74-3266, and amend-

ments thereto, shall be postponed under clause (8) of this subsection (a)

during the period of time the medical disability exists. An obligation to

engage in the practice of medicine and surgery in accordance with an

agreement under K.S.A. 74-3266, and amendments thereto, shall be post-

poned under clause (9) during the period of time the person obligated

remains on FMLA leave. An obligation to engage in the practice of med-

icine and surgery in accordance with an agreement under K.S.A. 74-3266,

and amendments thereto, shall be postponed under clause (10) during the

period of time the state board of regents determines that the special cir-

cumstances exist. The state board of regents shall adopt rules and regu-

lations prescribing criteria or guidelines for determination of the existence

of special circumstances causing an inability to practice medicine and

surgery, and shall determine the documentation required to prove the

existence of such circumstances.

(b) An obligation to engage in the practice of medicine and surgery

in accordance with an agreement under K.S.A. 74-3266, and amendments

thereto, shall be satisfied: (1) If the obligation to engage in the practice

of medicine and surgery in accordance with an agreement under K.S.A.

74-3266 has been completed in accordance with the agreement; (2) if the

person obligated dies; (3) if, because of permanent physical disability, the

person obligated is unable to practice medicine and surgery; (4) if the

person obligated fails to satisfy the requirements for a degree of doctor

of osteopathy after such person has made their making the best efforts

effort possible to obtain such degree; or (5) if the person obligated fails

to satisfy all requirements for a permanent license to practice medicine

and surgery in Kansas or any other jurisdiction or has been denied a

license after such the person has applied for a license and has made their

the best efforts effort possible to obtain a license.

Sec. 6. K.S.A. 74-3268a is hereby amended to read as follows: 74-

3268a. If a person fails to satisfy an obligation to engage in the full-time

practice of medicine and surgery in Kansas for the required period of

time under an agreement entered into pursuant to as provided in K.S.A.

74-3223 to 74-3228, inclusive, 74-3246 to 74-3248, inclusive, or 74-3265

to 74-3267, inclusive 74-3266, and amendments thereto, because such

person is engaged in the practice of medicine and surgery in a state other

than Kansas, and if such person is subject to or currently making repay-

ments under any such statutes agreement, and if such person subse-

quently commences the practice of medicine and surgery in this state

which complies in compliance with the agreements entered into under

such statutes agreement, the balance of the repayment amount, including

interest thereon, from the time of such commencement of the practice

of medicine and surgery in this state until the obligation of such person

is satisfied, or until the time such person again becomes subject to re-

payments, shall be waived. All repayment amounts due prior to such com-

mencement of practice in this state, including interest thereon, shall con-

tinue to be payable as provided in such statutes the agreement. If

subsequent to such commencement of practice in this state, the person

fails to satisfy such the obligation to practice for the period of time spec-

ified in the agreement, the person again shall be subject to repayments,

including interest thereon, as otherwise provided in such statutes the

agreement.

Sec. 7. K.S.A. 74-3271 is hereby amended to read as follows: 74-

3271. An agreement entered into by the state board of regents and a

Kansas resident who is an undergraduate student enrolled in or admitted

to an accredited school or college of optometry pursuant to a contract

which provides for guaranteed admission and continued enrollment of

such person therein and which was entered into for such purpose under

K.S.A. 76-721a, and amendments thereto, shall require that the person:

(a) Complete the required course of instruction in optometry and

receive the degree therefor;

(b) apply for and obtain a license to practice optometry in Kansas;

(c) engage in the full-time practice of optometry in Kansas on a full-

time basis for a period of 12 months in Kansas for each year in which

such person is so enrolled in the school or college of optometry and for

which an annual amount is paid therefor by the state board of regents

therefor pursuant to a contract under K.S.A. 76-721a, and amendments

thereto, or engage in the practice of optometry in Kansas on a part-time

basis for a period equivalent to 12 months, as determined by the state

board of regents, for each year in which such person is enrolled in the

school or college of optometry and for which an annual amount is paid

therefor by the state board of regents pursuant to a contract under K.S.A.

76-721a, and amendments thereto;

(d) (1) with regard to persons entering into an agreement prior to

the effective date of this act, commence such full-time or part-time prac-

tice of optometry within nine months after licensure and continue such

full-time practice in Kansas for a consecutive period of months equal to

the total number of months required under the agreement;

(2) with regard to persons entering into an agreement after the effec-

tive date of this act, commence such full-time or part-time practice of

optometry within six months after licensure and continue such practice

in Kansas for a consecutive period of months equal to the total number

of months required under the agreement;

(e) maintain records and make reports to the state board of regents

to document the satisfaction of the obligation under such agreement to

engage in the full-time or part-time practice of optometry in Kansas and

to continue such full-time practice for a consecutive period of months

equal to the total number of months required under the agreement; and

(f) upon failure to satisfy an agreement to engage in the full-time or

part-time practice of optometry in Kansas for the required period of time

under such agreement, repay amounts to the state board of regents as

provided in K.S.A. 74-3272, and amendments thereto.

Sec. 8. K.S.A. 74-3272 is hereby amended to read as follows: 74-

3272. (a) Except as otherwise provided in subsection (e) and in K.S.A.

74-3273, and amendments thereto, and subsection (e), upon the failure

of any person to satisfy the obligation to engage in the full-time or part-

time practice of optometry within the state of Kansas for the required

period of time under an agreement entered into pursuant to K.S.A. 74-

3271, and amendments thereto, such person shall repay to the state board

of regents an amount equal to the total of (1) the total amount of money

paid by the state board of regents in amounts for guaranteed admission

and continued enrollment of such person in an accredited school or col-

lege of optometry pursuant to a contract entered into therefor under

K.S.A. 76-721a, and amendments thereto, plus (2) annual accrued interest

at a rate of 15% from the date such money was paid pursuant to such

contract at a rate which is equivalent to the interest rate applicable to

loans made under the federal PLUS program at the time such person first

entered into an agreement plus five percentage points.

(b) Each person required to repay any amount under this section shall

repay an amount totaling the entire amount to be repaid under such

agreement for which such obligation is not satisfied, including all interest

at the rate prescribed. Except as otherwise provided in this section, such

repayment shall be in installment payments and each such installment

shall be not less than the an amount equal to 1/5 of the total amount which

would be required to be paid if repaid in five equal annual installments.

(c) All installment payments under this section shall commence six

months after the date of the action or circumstance that causes the failure

of the person to satisfy the obligations of such agreement, as determined

by the state board of regents based upon the circumstances of each in-

dividual case. If an installment payment becomes 91 days overdue, the

entire amount outstanding shall become immediately due and payable,

including all interest at the rate prescribed.

(d) The total repayment obligation imposed under the an agreement

entered into under pursuant to K.S.A. 74-3271, and amendments thereto,

may be satisfied at any time prior to graduation from the accredited school

or college of optometry by making a single lump-sum payment equal to

the total of (1) the entire amount to be repaid under such agreement

upon failure to satisfy the obligation under such agreement to practice

optometry in Kansas, plus (2) all interest thereon at the rate prescribed

to the date of payment.

(e) If a person fails to satisfy an obligation to engage in the full-time

or part-time practice of optometry in Kansas for the required period of

time under an agreement entered into pursuant to K.S.A. 74-3271, and

amendments thereto, because such person is engaged in the practice of

optometry in a state other than Kansas, and if such person is subject to

or currently making repayments under this section, and if such person

subsequently commences the practice of optometry in this state which

complies with the agreements entered into under such statute, the bal-

ance of the repayment amount, including interest thereon, from the time

of such commencement of practice until the obligation of such person is

satisfied, or until the time such person again becomes subject to repay-

ments, shall be waived. All repayment amounts due prior to such com-

mencement of practice in this state, including interest thereon, shall con-

tinue to be payable as provided in this section. If subsequent to such

commencement of practice, the person fails to satisfy such obligation, the

person again shall be subject to repayments, including interest thereon,

as otherwise provided in this section.

(f) The state board of regents is authorized to turn any repayment

account arising under the optometry service scholarship program over to

a designated loan servicer or collection agency, the state not being in-

volved other than to receive payments from the loan servicer or collection

agency at the interest rate prescribed under this section.

Sec. 9. K.S.A. 74-3273 is hereby amended to read as follows: 74-

3273. (a) An obligation to engage in the practice of optometry in accord-

ance with an agreement under K.S.A. 74-3271, and amendments thereto,

shall be postponed: (1) During any required period of active military

service; (2) during any period of service as a part of volunteers in service

to America (VISTA); (3) during any period of service in the peace corps;

(4) during any period of service commitment to the United States public

health service; (5) during any period of religious missionary work con-

ducted by an organization exempt from tax under subsection (c) of section

501(c)(3) of the federal internal revenue code of 1954, as amended as in

effect on December 31, 2000; (6) during the any period of time the person

obligated is engaged solely in the teaching of optometry; (7) during the

any period of time the person obligated is engaged solely in optometric

research; or (8) during any period of time the person obligated is actively

engaged on a full-time basis in an approved postgraduate residency train-

ing program; (9) during any period of temporary medical disability during

which time the person obligated is unable because of such temporary

medical disability to practice optometry; (10) during any period of time

the person obligated is on job-protected leave under the federal family

and medical leave act of 1993; or (11) during any period of time the state

board of regents determines that the person obligated is unable because

of special circumstances to practice optometry. Except for clause (8) of

this subsection (a), clauses (9), (10) and (11), an obligation to engage in

the practice of optometry in accordance with an agreement under K.S.A.

74-3271, and amendments thereto, shall not be postponed more than five

years from the time the practice of optometry was to have been com-

menced under any such agreement. An obligation to engage in the prac-

tice of optometry in accordance with an agreement under K.S.A. 74-3271,

and amendments thereto, shall be postponed under clause (8) (9) of this

subsection (a) during the period of time the medical disability exists. An

obligation to engage in the practice of optometry in accordance with an

agreement under K.S.A. 74-3271, and amendments thereto, shall be post-

poned under clause (10) during the period of time the person obligated

remains on FMLA leave. An obligation to engage in the practice of op-

tometry in accordance with an agreement under K.S.A. 74-3271, and

amendments thereto, shall be postponed under clause (11) during the

period of time the state board of regents determines that the special cir-

cumstances exist. The state board of regents shall adopt rules and regu-

lations prescribing criteria or guidelines for determination of the existence

of special circumstances causing an inability to practice optometry, and

shall determine the documentation required to prove the existence of such

circumstances.

(b) An obligation to engage in the practice of optometry in accord-

ance with an agreement under K.S.A. 74-3271, and amendments thereto,

shall be satisfied: (1) If the obligation to engage in the practice of optom-

etry in accordance with an agreement under K.S.A. 74-3271, and amend-

ments thereto, has been completed; (2) if the person obligated dies; (3)

if, because of permanent physical disability, the person obligated is unable

to practice optometry; (4) if the person obligated fails to satisfy the

requirements for a degree from an accredited school or college of optom-

etry after such person has made their making the best efforts effort pos-

sible to obtain such degree; or (5) if the person obligated fails to satisfy

all requirements for a permanent license to practice optometry in Kansas

or any other jurisdiction or has been denied a license after such person

has applied for a license and has made their the best efforts effort possible

to obtain a license.

Sec. 10. K.S.A. 74-3291 is hereby amended to read as follows: 74-

3291. This act shall be known and may be cited as the nursing student

service scholarship program.

Sec. 11. K.S.A. 2000 Supp. 74-3292 is hereby amended to read as

follows: 74-3292. As used in this act:

(a) ``Committee'' means the nursing service scholarship review com-

mittee established under K.S.A. 74-3299 and amendments thereto.

(b) ``Executive officer'' means the chief executive officer of the state

board of regents appointed under K.S.A. 74-3203 2000 Supp. 74-3203a

and amendments thereto.

(c) ``Rural area'' means any county of this state other than Douglas,

Johnson, Sedgwick, Shawnee and Wyandotte counties.

(d) ``School of nursing'' means a school within the state of Kansas

which is approved by the state board of nursing to grant a diploma, an

associate degree or a baccalaureate degree in professional nursing or a

certificate of completion in practical nursing.

(e) ``Sponsor'' means any adult care home licensed under the adult

care home licensure act, any medical care facility licensed under K.S.A.

65-425 et seq. and amendments thereto, any psychiatric hospital licensed

under K.S.A. 75-3307b, and amendments thereto, any home health

agency licensed under K.S.A. 65-5101 et seq. and amendments thereto,

any local health department as defined in K.S.A. 65-241, and amendments

thereto, and any state agency which employs licensed practical nurses or

licensed professional nurses.

Sec. 12. K.S.A. 74-3293 is hereby amended to read as follows: 74-

3293. (a) There is hereby established the nursing student service schol-

arship program. A scholarship may be awarded under the nursing student

service scholarship program to any qualified nursing student enrolled in

or admitted to a school of nursing in a course of instruction leading to

licensure as a licensed professional nurse or licensed practical nurse. The

number of new scholarships awarded under the nursing student service

scholarship program in each year shall not exceed 250. Of this number,

except as otherwise provided in this section, 100 scholarships shall be

awarded to nursing students whose sponsors are located in rural areas

and who are enrolled in a course of instruction leading to licensure as a

registered professional nurse, 50 scholarships shall be awarded for to

nursing students enrolled in or admitted to a school of nursing operated

by a community college, area vocational-technical school or area voca-

tional school in a course of instruction leading to licensure as a licensed

practical nurse and the remaining 100 scholarships shall be awarded to

any nursing students who have a sponsor and who are enrolled in a course

of instruction leading to licensure as a registered professional nurse. If

all scholarships authorized to be awarded under this section to nursing

students whose sponsors are located in rural areas have not been awarded

by a date established by the state board of regents, the scholarships which

have not been awarded by that date may be awarded to nursing students

who have a sponsor and who are otherwise qualified to be awarded a

scholarship under the nursing student service scholarship program. The

determination of the individuals qualified for such scholarships shall be

made by the executive officer after seeking advice from the committee.

Within each scholarship category prescribed by this subsection, scholar-

ships shall be awarded on a priority basis to qualified applicants who have

the greatest financial need for such scholarships. To the extent practicable

and consistent with the other provisions of this section, consideration shall

be given to minority applicants.

(b) Scholarships awarded under the nursing student service scholar-

ship program shall be awarded for the length of the course of instruction

leading to licensure as a licensed professional nurse or licensure as a

licensed practical nurse in which the student is enrolled in or admitted

to unless otherwise terminated before the expiration of such period of

time. Such scholarships shall provide to the a nursing student receiving

the scholarship the payment of tuition, fees, books, room and board in

an amount to not exceed the total of $3,500 annually (1) if the nursing

student is enrolled in a school of nursing operated by a state educational

institution, an amount not to exceed 70% of the cost of attendance for an

academic year at the school of nursing in which the nursing student is

enrolled or (2) if the nursing student is enrolled in a school of nursing not

operated by a state educational institution, the lesser of (A) an amount

not to exceed 70% of the cost of attendance for a year at the school of

nursing in which the nursing student is enrolled or (B) an amount not to

exceed 70% of the average amount of the cost of attendance for a year at

the schools of nursing operated by the state educational institutions. The

amount of each scholarship shall be established annually by the executive

officer and shall be financed equally by the sponsor of the nursing student

and by the state of Kansas except that if the sponsor is located in a rural

area or is a health care facility which has less than 100 beds, the total

amount of the scholarship financed by such sponsor shall not exceed

$1,000 and the balance of such amount shall be paid by the state of

Kansas.

Sec. 13. K.S.A. 74-3294 is hereby amended to read as follows: 74-

3294. (a) An applicant for a scholarship under the nursing student service

scholarship program shall provide to the executive officer, on forms sup-

plied by the executive officer, the following information:

(1) The name and address of the applicant;

(2) the name and address of the school of nursing in which the ap-

plicant is enrolled in or to which the applicant has been admitted;

(3) the name and address of the sponsor of the applicant and a ver-

ified copy of the agreement entered into by the applicant and the sponsor

in accordance with the provisions of this act the nursing service scholar-

ship program; and

(4) any additional information which may be required by the execu-

tive officer.

(b) As a condition to awarding a scholarship under this act the nursing

service scholarship program, the executive officer and the applicant for

a scholarship shall enter into an agreement which shall require that the

scholarship recipient:

(1) Complete the required course of instruction and attain licensure

with the Kansas state board of nursing as a licensed professional nurse or

a licensed practical nurse;

(2) engage in the full-time practice of nursing, or the equivalent to

full-time practice as specified by rules and regulations of the state board

of regents adopted in accordance with the provisions of K.S.A. 74-3297

and amendments thereto, in the employment of the sponsor in accord-

ance with the agreement entered into by the scholarship recipient and

the sponsor and comply with such other terms and conditions as may be

specified by such agreement; continue such full-time practice, or the

equivalent to full-time practice, for the total amount of time required

under the agreement, which shall be for a period of not less than the length

of the course of instruction for which scholarship assistance was provided,

or engage in the part-time practice of nursing in the employment of the

sponsor in accordance with the agreement entered into by the scholarship

recipient and the sponsor and continue such part-time practice for the

total amount of time required under the agreement, which shall be for a

period of time that is equivalent to full time, as determined by the state

board of regents, multiplied by the length of the course of instruction for

which scholarship assistance was provided;

(3) commence the full-time practice of nursing, or the equivalent to

full-time practice as specified by rules and regulations of the state board

of regents adopted in accordance with the provisions of K.S.A. 74-3297

and amendments thereto, or the part-time practice of nursing, within six

months after registration in accordance with the agreement entered into

by the scholarship recipient and the sponsor and, continue such full-time

practice, or equivalent to full-time practice, for the total amount of time

required under the agreement, which shall be for a period of not less

than the length of the course of instruction for which the scholarship

assistance was provided and comply with such other terms and conditions

as may be specified by such agreement;

(4) maintain records and make reports to the executive officer as may

be required by the executive officer to document the satisfaction of the

obligations under this act the nursing service scholarship program and

under agreements entered into with the sponsor; and

(5) upon failure to satisfy an agreement to engage in the full-time

practice of nursing, or the equivalent to full-time practice as specified by

rules and regulations of the state board of regents adopted in accordance

with the provisions of K.S.A. 74-3297 and amendments thereto, or the

part-time practice of nursing, for the required period of time under any

such agreement, repay to the state and to the sponsor amounts as pro-

vided in K.S.A. 74-3295, and amendments thereto.

(c) Upon the awarding of a scholarship under the nursing student

service scholarship program, the sponsor shall pay to the executive officer

the amount of such scholarship to be financed by the sponsor. Each such

amount shall be deposited in the nursing student service scholarship pro-

gram fund in accordance with K.S.A. 74-3298, and amendments thereto.

(d) The sponsorship by a scholarship recipient may be transferred

from one sponsor to another upon the agreement of the original sponsor,

the scholarship recipient and the sponsor to which the sponsorship is to

be transferred. The terms, conditions and obligations of the transferred

agreement shall be substantially similar to the terms, conditions and ob-

ligations of the original agreement. No sponsorship shall be transferred

unless the agreement transferring such sponsorship provides for service

in a rural area and is approved by the executive officer as consistent with

the provisions of the nursing student service scholarship program and as

consistent with any rules and regulations relating thereto adopted by the

state board of regents in accordance with the provisions of K.S.A. 74-

3297, and amendments thereto.

Sec. 14. K.S.A. 2000 Supp. 74-3295 is hereby amended to read as

follows: 74-3295. (a) Except as provided in K.S.A. 74-3296, and amend-

ments thereto, upon the failure of any person to satisfy the obligation

under any agreement entered into pursuant to the nursing student service

scholarship program, such person shall pay to the executive officer an

amount equal to the total amount of money received by such person

pursuant to such agreement which was financed by the state of Kansas

plus annual accrued interest at a rate of 15% which is equivalent to the

interest rate applicable to loans made under the federal PLUS program

at the time such person first entered into an agreement plus five percent-

age points and shall pay to the sponsor an amount equal to the total

amount of money received by such person pursuant to such agreement

which was financed by the sponsor plus annual accrued interest at a rate

of 15% which is equivalent to the interest rate applicable to loans made

under the federal PLUS program at the time such person first entered

into an agreement plus five percentage points. Installment payments of

any such amounts may be made in accordance with the provisions of

agreements entered into by the scholarship recipient and the sponsor or

if no such provisions exist in such agreements, in accordance with rules

and regulations of the state board of regents, except that such installment

payments shall commence six months after the date of the action or cir-

cumstances that cause the failure of the person to satisfy the obligations

of such agreements, as determined by the executive officer based upon

the circumstances of each individual case. Amounts paid under this sec-

tion to the executive officer shall be deposited in the nursing student

service scholarship repayment fund in accordance with K.S.A. 74-3298,

and amendments thereto.

(b) The state board of regents is authorized to turn any repayment

account arising under the nursing service scholarship program over to a

designated loan servicer or collection agency, the state not being involved

other than to receive payments from the loan servicer or collection agency

at the interest rate prescribed under this section.

Sec. 15. K.S.A. 2000 Supp. 74-3296 is hereby amended to read as

follows: 74-3296. (a) Except as otherwise specified in the agreement with

the sponsor, an obligation under any agreement entered into under the

nursing student scholarship program shall be postponed: (1) During any

required period of active military service; (2) during any period of service

as a part of volunteers in service to America (VISTA); (3) during any

period of service in the peace corps; (4) during any period of service

commitment to the United States public health service; (5) during any

period of religious missionary work conducted by an organization exempt

from tax under subsection (c) of section 501(c)(3) of the federal internal

revenue code of 1986 as in effect on January 1, 1989 December 31, 2000;

(6) during any period of temporary medical disability during which time

the person obligated is unable because of such temporary medical disa-

bility to practice professional nursing; or (7) during any period of time

the person obligated is enrolled and actively engaged on a full-time basis

in a course of study leading to a degree in the field of nursing which is

higher than that attained formerly by the person obligated; (8) during

any period of time the person obligated is on job-protected leave under

the federal family and medical leave act of 1993; or (9) during any period

of time the state board of regents determines that the person obligated is

unable because of special circumstances to practice nursing. Except for

clause clauses (6) of this subsection (a), (8) and (9), an obligation under

any agreement entered into under as provided in the nursing student

service scholarship program shall not be postponed more than five years

from the time the obligation was to have been commenced under any

such agreement. An obligation under any agreement under entered into

as provided in the nursing student service scholarship program shall be

postponed under clause (6) of this subsection (a) during the period of

time the medical disability exists. An obligation under any agreement

entered into as provided in the nursing service scholarship program shall

be postponed under clause (8) during the period of time the person obli-

gated remains on FMLA leave. An obligation under any agreement en-

tered into as provided in the nursing service scholarship program shall

be postponed under clause (9) during the period of time the state board

of regents determines that the special circumstances exist. The state board

of regents shall adopt rules and regulations prescribing criteria or guide-

lines for determination of the existence of special circumstances causing

an inability to satisfy an obligation under any agreement entered into as

provided in the nursing service scholarship program, and shall determine

the documentation required to prove the existence of such circumstances.

Except for clause clauses (1) or clause, (6) of this subsection (a), (8) and

(9), an obligation under any agreement entered into under as provided

in the nursing service scholarship program shall not be postponed unless

the postponement is approved by the sponsor or is otherwise provided

for in the agreement with the sponsor.

(b) An obligation under any agreement under entered into as pro-

vided in the nursing student service scholarship program shall be satisfied:

(1) If the obligation in accordance with an agreement under the nursing

student scholarship program has been completed in accordance with the

agreement; (2) if the person obligated dies; (3) if, because of permanent

physical disability, the person obligated is unable to satisfy the obligation;

(4) if the person obligated fails to satisfy the requirements for graduation

from the school of nursing after making the best effort possible to do so;

(5) if the person obligated fails to satisfy all requirements for a permanent

license to practice nursing in Kansas or has been denied a license after

applying for a license and making the best effort possible to obtain such

license; (6) if, because of bankruptcy, loss of licensure or certification or

other failure in the operations of the sponsor, the sponsor cannot or will

not employ the person obligated; or (7) if the sponsor releases the person

obligated from employment with the sponsor and the person obligated

otherwise completes the terms, conditions and obligations of the agree-

ment under the nursing student scholarship program by engaging in the

practice of nursing in Kansas.

Sec. 16. K.S.A. 74-3297 is hereby amended to read as follows: 74-

3297. The state board of regents, after consultation with the committee,

may adopt rules and regulations establishing minimum terms, conditions

and obligations which shall be incorporated into the provisions of any

agreement entered into between a sponsor and the recipient of a schol-

arship under the nursing student service scholarship program. The terms,

conditions and obligations shall be consistent with the provisions of law

relating to the nursing student service scholarship program. The terms,

conditions and obligations so established shall include, but not be limited

to, the terms of eligibility for financial assistance under the nursing stu-

dent service scholarship program, the amount of financial assistance to

be offered, the length of employment with the sponsor required as a

condition to the receipt of such financial assistance, the circumstances

under which such the employment obligation may be discharged or for-

given, the amount of money required to be repaid because of failure to

satisfy the obligations under an agreement and the method of repayment

and such other additional provisions as may be necessary to carry out the

provisions of the nursing student service scholarship program. The state

board of regents, after consultation with the committee, shall adopt rules

and regulations establishing criteria for evaluating the financial need of

applicants for scholarships and may adopt such other rules and regulations

as may be necessary to administer the nursing student service scholarship

program.

Sec. 17. K.S.A. 2000 Supp. 74-3298 is hereby amended to read as

follows: 74-3298. (a) There is hereby created in the state treasury the

nursing student service scholarship program fund. The executive officer

shall remit all moneys received from sponsors, which are paid under

K.S.A. 74-3294, and amendments thereto, pursuant to scholarship

awards, or from a school of nursing, which are paid because of nonat-

tendance or discontinued attendance by scholarship recipients and which

are attributable to sponsors, under the nursing student scholarship pro-

gram to the state treasurer at least monthly. Upon receipt of each such

remittance, the state treasurer shall deposit the entire amount thereof in

the state treasury and such amount shall be credited to the nursing stu-

dent service scholarship program fund. All expenditures from the nursing

student service scholarship program fund shall be for scholarships

awarded under the nursing student service scholarship program or re-

funds to sponsors and shall be made in accordance with appropriation

acts upon warrants of the director of accounts and reports issued pursuant

to vouchers approved by the executive officer or by a person designated

by the executive officer.

(b) There is hereby created in the state treasury The nursing student

scholarship discontinued attendance fund. The executive officer shall re-

mit all moneys received under the nursing student scholarship program

from a school of nursing, which are paid because of nonattendance or

discontinued attendance by scholarship recipients and which are attrib-

utable to sources other than sponsors, to the state treasurer at least

monthly. Upon receipt of each such remittance the state treasurer shall

deposit the entire amount thereof in the state treasury, and such amount

shall be credited to the nursing student scholarship discontinued attend-

ance fund. All expenditures from the nursing student scholarship discon-

tinued attendance fund shall be for scholarships awarded under the nurs-

ing student scholarship program and shall be made in accordance with

appropriation acts upon warrants of the director of accounts and reports

issued pursuant to vouchers approved by the executive officer or by a

person designated by the executive officer is hereby abolished. On the

effective date of this act, the director of accounts and reports shall transfer

all moneys remaining in the nursing student scholarship discontinued

attendance fund to the nursing service scholarship program fund.

(c) There is hereby created in the state treasury the nursing student

service scholarship repayment fund. The executive officer shall remit all

moneys received for amounts paid under K.S.A. 74-3295, and amend-

ments thereto, to the state treasurer at least monthly. Upon receipt of

each such remittance the state treasurer shall deposit the entire amount

thereof in the state treasury, and such amount shall be credited to the

nursing student service scholarship repayment fund. All expenditures

from the nursing student service scholarship repayment fund shall be for

scholarships awarded under the nursing student service scholarship pro-

gram and shall be made in accordance with appropriation acts upon war-

rants of the director of accounts and reports issued pursuant to vouchers

approved by the executive officer or by a person designated by the ex-

ecutive officer.

Sec. 18. K.S.A. 74-3299 is hereby amended to read as follows: 74-

3299. (a) There is hereby created the nursing service scholarship review

committee which shall consist of the following members appointed by

the governor: One member representing Kansas hospitals; one member

representing Kansas adult care homes; one member representing Kansas

registered nurses; one member representing nursing education programs

other than at a college or university under the control and supervision of

the state board of regents state educational institution; and the chief ex-

ecutive officer of a college or university under the control and supervision

of the state board of regents state educational institution which college

or university has a school of nursing.

(b) The members of the nursing service scholarship review commit-

tee appointed by the governor shall be appointed for three-year terms

and shall serve until their successors are appointed and qualified. Upon

the vacancy of a position on the committee appointed by the governor,

the governor shall appoint a person of like qualifications to fill such po-

sition. If a vacancy occurs prior to the expiration of a term, the governor

shall appoint a person of like qualifications to fill such position for the

unexpired term.

(c) The nursing service scholarship review committee shall elect an-

nually from among its members a chairperson. The committee shall meet

on the call of the chairperson or upon the request of a majority of the

members of the committee. A majority of the members of the committee

shall constitute a quorum.

(d) The nursing service scholarship review committee shall provide

oversight of the nursing student service scholarship program and shall be

advisory to the executive officer and the state board of regents in the

administration of such program. The committee shall exercise such other

powers and duties as may be specified by law.

(e) The executive officer and other office staff of the state board of

regents shall provide staff assistance to the nursing service scholarship

review committee.

(f) The members of the nursing service scholarship review committee

who are not state officers or employees and who are attending meetings

of such committee, or attending a subcommittee meeting thereof au-

thorized by such committee, shall be paid eligible for amounts provided

in subsection (e) of K.S.A. 75-3223, and amendments thereto. Amounts

paid under this subsection (f) shall be from appropriations to the state

board of regents upon warrants of the director of accounts and reports

issued pursuant to vouchers approved by the executive officer or a person

designated by the executive officer.

Sec. 19. K.S.A. 74-32,100 is hereby amended to read as follows: 74-

32,100. This act shall be known and may be cited as the teacher service

scholarship program.

Sec. 20. K.S.A. 74-32,101 is hereby amended to read as follows: 74-

32,101. As used in this act:

(a) ``Executive officer'' means the chief executive officer of the state

board of regents appointed under K.S.A. 74-3203 2000 Supp. 74-3203a,

and amendments thereto;

(b) ``qualified student'' means a person who: (1) Is a resident of the

state of Kansas; (2) has been accepted for admission to or is enrolled full

time in a course of instruction leading to certification in a hard-to-fill

teaching discipline as a teacher; and (3) has qualified for the award of a

scholarship under the teacher service scholarship program on the basis

of having demonstrated scholastic ability, or who has previously so qual-

ified and remains qualified for renewal of the scholarship on the basis of

remaining in good standing and making satisfactory progress toward com-

pletion of the requirements of the course of instruction in which enrolled;

(c) ``hard-to-fill teaching discipline'' means a teaching discipline in

which there is a critical shortage of teachers as determined and specified

by the state board of education.;

(d) ``underserved area'' means a geographic area of the state in which

there is a critical shortage of teachers as determined and specified by the

state board of education.

Sec. 21. K.S.A. 74-32,102 is hereby amended to read as follows: 74-

32,102. (a) There is hereby established the teacher service scholarship

program. A scholarship may be awarded under the teacher service schol-

arship program to any qualified student and may be renewed for each

such student who remains qualified for the scholarship. The number of

new scholarships awarded under the program in each year shall not ex-

ceed 50. Determination of the students qualified for such scholarships

shall be made by the executive officer. Scholastic ability shall be deter-

mined on the basis of any one or more of the following: (1) High ACT or

SAT score; (2) rank in high school graduation class; (3) cumulative high

school or college grade point average; or (4) any other indicator of scho-

lastic ability which the state board of regents determines to be demon-

strative of potential for successful completion of a course of instruction

leading to certification in a hard-to-fill teaching discipline as a teacher.

To the extent practicable and consistent with qualification factors, con-

sideration shall be given to students who are members of ethnic minority

groups.

(b) A scholarship awarded under the program shall provide for pay-

ment to a qualified student of a stipend in the amount of $5,000 (1) an

amount not to exceed 70% of the cost of attendance for an academic year

at the teacher education school in which the qualified student is enrolled

if such teacher education school is maintained by a state educational in-

stitution or (2) an amount not to exceed 70% of the average amount of

the cost of attendance for an academic year at the teacher education

schools maintained by the state educational institutions if the teacher ed-

ucation school in which the qualified student is enrolled is not a state

educational institution. A qualified student may be awarded a scholarship

for not more than four academic years of undergraduate study, except

that a qualified student who is enrolled full time in a course of instruction

leading to certification in a hard-to-fill teaching discipline for which grad-

uate study is required may be awarded a scholarship for the duration of

the course of instruction.

Sec. 22. K.S.A. 74-32,103 is hereby amended to read as follows: 74-

32,103. (a) An applicant for designation as a qualified student and for the

award of a scholarship under the teacher service scholarship program shall

provide to the executive officer, on forms supplied by the executive of-

ficer, information required by the executive officer.

(b) As a condition to awarding a scholarship under this act, the ex-

ecutive officer and the applicant shall enter into an agreement which shall

require the applicant to:

(1) Complete the required course of instruction leading to certifica-

tion in a hard-to-fill teaching discipline as a teacher;

(2) engage in teaching in Kansas in an underserved area or in a hard-

to-fill teaching discipline in Kansas and comply with such other terms and

conditions as may be specified by such agreement;

(3) commence teaching on a full-time basis in a hard-to-fill teaching

discipline in Kansas in an accredited public or private elementary or sec-

ondary school in accordance with the agreement, which shall be and con-

tinue teaching on a full-time basis for a period of not less than the length

of the course of instruction for which the scholarship was awarded or

commence teaching on a part-time basis in Kansas in an accredited public

or private elementary or secondary school in accordance with the agree-

ment and continue teaching on such a part-time basis for a period of time

that is equivalent to full time, as determined by the state board of regents,

multiplied by the length of the course of instruction for which the schol-

arship was awarded;

(4) commence teaching in Kansas on a full-time or part-time basis

within six months after certification and continue teaching for the period

of time required by the agreement;

(4) (5) maintain records and make reports to the executive officer as

required by the executive officer to document the satisfaction of the ob-

ligations under this act and the agreement; and

(5) (6) upon failure to satisfy an agreement to engage in teaching in

an underserved area or in a hard-to-fill teaching discipline for the re-

quired period of time under any such agreement, repay to the state

amounts as provided in K.S.A. 74-32,104, and amendments thereto.

Sec. 23. K.S.A. 2000 Supp. 74-32,104 is hereby amended to read as

follows: 74-32,104. (a) Except as provided in K.S.A. 74-32,105, and

amendments thereto, upon the failure of any person to satisfy the obli-

gation under any agreement entered into pursuant to the teacher service

scholarship program, such person shall pay to the executive officer an

amount equal to the total amount of money received by such person

pursuant to such agreement plus annual accrued interest at a rate of 15%,

which is equivalent to the interest rate applicable to loans made under

the federal PLUS program at the time such person first entered into an

agreement plus five percentage points. Amounts of payment under this

section shall be adjusted proportionately for full years of the obligation

that have been satisfied. Installment payments of any such amounts may

be made in accordance with the provisions of the agreement entered into

by the scholarship recipient or if no such provisions exist in such agree-

ment, in accordance with rules and regulations of the state board of re-

gents, except that such installment payments shall commence six months

after the date of the action or circumstances that cause the failure of the

person to satisfy the obligations of such agreements, as determined by

the executive officer based upon the circumstances of each individual

case. Amounts paid under this section to the executive officer shall be

deposited in the teacher service scholarship repayment fund in accord-

ance with K.S.A. 74-32,107, and amendments thereto.

(b) The state board of regents is authorized to turn any repayment

account arising under the teacher service scholarship program over to a

designated loan servicer or collection agency, the state not being involved

other than to receive payments from the loan servicer or collection agency

at the interest rate prescribed under this section.

Sec. 24. K.S.A. 74-32,105 is hereby amended to read as follows: 74-

32,105. (a) Except as otherwise specified in the agreement, an obligation

under any agreement entered into under the teacher service scholarship

program shall be postponed: (1) During any required period of active

military service; (2) during any period of service as a part of volunteers

in service to America (VISTA); (3) during any period of service in the

peace corps; (4) during any period of service commitment to the United

States public health service; (5) during any period of religious missionary

work conducted by an organization exempt from tax under section

501(c)(3) of the federal internal revenue code as in effect on December

31, 2000; (2) (6) during any period of temporary medical disability during

which time the person obligated is unable because of such temporary

medical disability to teach a hard-to-fill teaching discipline; or (3) (7)

during any period of time the person obligated is enrolled and actively

engaged on a full-time basis in a course of study leading to a degree in

the field of education as a hard-to-fill teaching discipline which is higher

than that formerly attained formerly by the person obligated; (8) during

any period of time the person obligated is on job-protected leave under

the federal family and medical leave act of 1993; or (9) during any period

of time the state board of regents determines that the person obligated is

unable because of special circumstances to teach. Except for clause (2) of

this subsection (a) clauses (6), (8) and (9), an obligation under any agree-

ment entered into under as provided in the teacher service scholarship

program shall not be postponed more than five years from the time the

obligation was to have been commenced under any such agreement. An

obligation under any agreement under entered into as provided in the

teacher service scholarship program shall be postponed under clause (2)

of this subsection (a) (6) during the period of time the medical disability

exists. Except for clause (1) or clause (2) of this subsection (a), An obli-

gation under any agreement entered into under as provided in the teacher

service scholarship program shall not be postponed unless the postpone-

ment is provided for in the agreement under clause (8) during the period

of time the person obligated remains on FMLA leave. An obligation to

engage in teaching in accordance with an agreement under the teacher

service scholarship program shall be postponed under clause (9) during

the period of time the state board of regents determines that the special

circumstances exist. The state board of regents shall adopt rules and reg-

ulations prescribing criteria or guidelines for determination of the exis-

tence of special circumstances causing an inability to teach, and shall

determine the documentation required to prove the existence of such cir-

cumstances.

(b) An obligation under any agreement under entered into as pro-

vided in the teacher service scholarship program shall be satisfied: (1) If

the obligation in accordance with an agreement under the scholarship

program has been completed in accordance with the agreement; (2) if the

person obligated dies; (3) if, because of permanent physical disability, the

person obligated is unable to satisfy the obligation; or (4) if the person

obligated fails to satisfy all the requirements to enable the recipient to

teach a hard-to-fill teaching discipline for a graduation from a teacher

education program after making the best effort possible; (5) if the person

obligated fails to satisfy all requirements for certification to teach in Kan-

sas or has been denied certification after applying for a certificate to teach

and making the best effort possible to obtain such certificate; or (6) if the

person obligated is unable to obtain employment as a teacher in an un-

derserved area or in a hard-to-fill teaching discipline after making the

best effort possible to obtain such employment and the person obligated

otherwise completes the terms, conditions and obligations of the agree-

ment.

Sec. 25. K.S.A. 74-32,106 is hereby amended to read as follows: 74-

32,106. The state board of regents shall adopt rules and regulations for

administration of the teacher service scholarship program and shall es-

tablish terms, conditions and obligations which shall be incorporated into

the provisions of any agreement entered into between the executive of-

ficer and an applicant for the award of a scholarship under the program.

The terms, conditions and obligations shall be consistent with the provi-

sions of law relating to the program and shall include, but not be limited

to, the circumstances under which eligibility for financial assistance under

the program may be terminated, the amount of financial assistance to be

provided, the circumstances under which obligations may be discharged

or forgiven, the amount of money required to be repaid because of failure

to satisfy the obligations under an agreement and the method of repay-

ment.

Sec. 26. K.S.A. 2000 Supp. 74-32,107 is hereby amended to read as

follows: 74-32,107. (a) There is hereby created in the state treasury the

teacher service scholarship program fund. The executive officer shall re-

mit all moneys received under the teacher service scholarship program,

which are paid because of nonattendance or discontinuance by scholar-

ship recipients, to the state treasurer at least monthly. Upon receipt of

each such remittance the state treasurer shall deposit the entire amount

thereof in the state treasury, and such amount shall be credited to the

teacher service scholarship program fund. All expenditures from the

teacher service scholarship program fund shall be for scholarships

awarded under the teacher service scholarship program and shall be made

in accordance with appropriation acts upon warrants of the director of

accounts and reports issued pursuant to vouchers approved by the exec-

utive officer or by a person designated by the executive officer.

(b) There is hereby created in the state treasury the teacher service

scholarship repayment fund. The executive officer shall remit all moneys

received under the teacher service scholarship program, which are for

payment of amounts pursuant to K.S.A. 74-32,104, and amendments

thereto, to the state treasurer at least monthly. Upon receipt of each such

remittance the state treasurer shall deposit the entire amount thereof in

the state treasury, and such amount shall be credited to the teacher serv-

ice scholarship repayment fund. All expenditures from the teacher service

scholarship repayment fund shall be for scholarships awarded under the

teacher service scholarship program and shall be made in accordance with

appropriation acts upon warrants of the director of accounts and reports

issued pursuant to vouchers approved by the executive officer or by a

person designated by the executive officer.

Sec. 27. K.S.A. 2000 Supp. 74-32,112 is hereby amended to read as

follows: 74-32,112. (a) This act shall be known and may be cited as the

Kansas ethnic minority fellowship program.

(b) The legislature hereby finds that: (1) The enrollment of certain

ethnic minority students in graduate programs is low and declining; and

(2) the ratio of graduate students who receive teaching and research as-

sistantships is lower for ethnic minority students than for Caucasian stu-

dents; and (3) the ethnic origin of faculty at institutions of higher edu-

cation is disproportionately Caucasoid.

(c) The legislature hereby declares that it is the intention of this act

to provide for a program under which the state in cooperation with the

state educational institutions may award grants of financial assistance in

the form of fellowships to qualified ethnic minority graduate students as

a means of: (1) recruiting and retaining ethnic minority students in the

graduate programs of the state educational institutions; and (2) attracting

and retaining ethnic minority faculty members and educational leaders in

Kansas in order to enhance the diversity of the student population.

Sec. 28. K.S.A. 2000 Supp. 74-32,113 is hereby amended to read as

follows: 74-32,113. As used in this act:

(a) ``Kansas ethnic minority fellowship program'' means a program

under which grants of financial assistance in the form of fellowships are

awarded to qualified ethnic minority graduate students.

(b) ``Qualified ethnic minority graduate student'' means a person

who: (1) Is a citizen of the United States; (2) is a member of an ethnic

minority group; (3) has been accepted for admission to or is enrolled full

time in a graduate program at a state educational institution; and (4) has

qualified for the award of a fellowship under the Kansas ethnic minority

fellowship program on the basis of having demonstrated scholastic ability,

or who has previously so qualified and remains qualified for renewal of

the fellowship on the basis of remaining in good standing and making

satisfactory progress toward completion of the requirements of the grad-

uate program in which enrolled.

(c) ``Ethnic minority group'' means a group of persons categorized

as: (1) American Indian; (2) Asian or Pacific Islander; (3) Black, non-

Hispanic; or (4) Hispanic.

(d) ``American Indian'' means a person having origins in the original

peoples of North America and who maintains cultural identification

through tribal affiliation or community recognition.

(e) ``Asian'' or ``Pacific Islander'' means a person having origins in any

of the original peoples of Laos, Vietnam, Cambodia, or Korea the Far

East, Southeast Asia, the Indian Subcontinent, or Pacific Islands, includ-

ing, but not by way of limitation, persons from China, Japan, Korea, the

Philippine Islands, Samoa, India, Laos, Vietnam, or Cambodia.

(f) ``Black, non-Hispanic'' means a person having origins in any of the

black racial groups of Africa (except those of Hispanic origin).

(g) ``Hispanic'' means a person of Mexican, Puerto Rican, Cuban,

Central or South American or other Spanish culture or origin, regardless

of race.

(h) ``State educational institution'' has the meaning ascribed thereto

in K.S.A. 76-711, and amendments thereto.

(i) ``Executive officer'' means the executive officer of the state board

of regents, appointed under K.S.A. 74-3203 2000 Supp. 74-3203a, and

amendments thereto.

Sec. 29. K.S.A. 2000 Supp. 74-32,114 is hereby amended to read as

follows: 74-32,114. (a) A fellowship may be awarded under the Kansas

ethnic minority fellowship program to any qualified ethnic minority grad-

uate student and may be renewed for each such student who remains

qualified for the fellowship. Subject to appropriations therefor, the num-

ber of new fellowships awarded under the program in each year shall not

exceed 40. Determination of the graduate students qualified for such

fellowships shall be made by the executive officer in consultation with the

chief academic officers of the state educational institutions. The state

board of regents shall establish, by rules and regulations, indicators of

scholastic ability for determination of the qualifications of ethnic minority

graduate students for the award of fellowships under the program.

(b) A fellowship awarded under the program shall provide for pay-

ment to a qualified ethnic minority graduate student of a stipend in the

an amount of $8,000 not to exceed the amount of the cost of attendance

for an academic year at the state educational institution in which the

graduate student is enrolled. Such stipends may be enhanced by the state

educational institutions. A qualified ethnic minority graduate student may

be awarded a fellowship in each academic year until the requirements of

the graduate program in which the student is enrolled are completed.

Sec. 30. K.S.A. 2000 Supp. 74-32,115 is hereby amended to read as

follows: 74-32,115. (a) An applicant for designation as a qualified ethnic

minority graduate student and for the award of a fellowship under the

Kansas ethnic minority fellowship program shall provide such information

to the executive officer as the executive officer may require.

(b) As a condition to awarding a fellowship under this act, the exec-

utive officer and the applicant shall enter into an agreement which shall

require the applicant to:

(1) Complete the requirements of the graduate program in which

enrolled;

(2) enter into the employ full-time employment in Kansas of an ac-

credited educational elementary or secondary school or an accredited

institution in Kansas of postsecondary education and continue in such

employment for a period of time not less than the period for which fi-

nancial assistance was provided under the program or enter into the part-

time employment in Kansas of an accredited elementary or secondary

school or an accredited institution of postsecondary education and con-

tinue in such employment for a period of time that is equivalent to full

time, as determined by the state board of regents, multiplied by the period

for which financial assistance was provided under the program;

(3) enter into the full-time or part-time employment in Kansas of an

accredited elementary or secondary school or an accredited institution of

postsecondary education within six months after completion of the

requirements of the graduate program in which enrolled or within six

months after completion of the requirements of such program and certi-

fication to teach if necessary, whichever is later, and continue such em-

ployment for the period of time required by the agreement;

(3) (4) maintain records and make reports to the executive officer as

required by the executive officer to document the satisfaction of the ob-

ligations under this act and the agreement; and

(4) (5) upon failure to satisfy any obligation under this act or the

agreement, repay to the state amounts as provided in K.S.A. 2000 Supp.

74-32,116, and amendments thereto.

Sec. 31. K.S.A. 2000 Supp. 74-32,116 is hereby amended to read as

follows: 74-32,116. (a) Except as provided in K.S.A. 2000 Supp. 74-

32,117, and amendments thereto, upon the failure of a person to satisfy

any obligation under an agreement entered into pursuant to in accordance

with the Kansas ethnic minority fellowship program, such person shall

pay to the executive officer an amount equal to the total amount of money

received by such person pursuant to such agreement plus annual accrued

interest from the date such money was received at a rate of 15%, which

is equivalent to the interest rate applicable to loans made under the federal

PLUS program at the time such person first entered into an agreement

plus five percentage points. Amounts of payment under this section shall

be adjusted proportionately for full years of performance of the obliga-

tions that have been satisfied. Installment payments of any such amounts

may be made in accordance with the provisions of the agreement entered

into by the fellowship recipient or if no such provisions exist in such

agreement, in accordance with rules and regulations of the state board of

regents, except that such installment payments shall commence six

months after the date of the action or circumstances that cause the failure

of the person to satisfy the obligations of such agreements, as determined

by the executive officer based upon the circumstances of each individual

case. Amounts paid under this section to the executive officer shall be

deposited in the Kansas ethnic minority fellowship program fund in ac-

cordance with K.S.A. 2000 Supp. 74-32,119, and amendments thereto.

(b) The state board of regents is authorized to turn any repayment

account arising under the Kansas ethnic minority fellowship program over

to a designated loan servicer or collection agency, the state not being

involved other than to receive payments from the loan servicer or collec-

tion agency at the interest rate prescribed under this section.

Sec. 32. K.S.A. 2000 Supp. 74-32,117 is hereby amended to read as

follows: 74-32,117. (a) Except as otherwise specified in the agreement,

an obligation under any agreement entered into under in accordance with

the Kansas ethnic minority fellowship program shall be postponed: (1)

During any required period of active military service; (2) during any pe-

riod of service as a part of volunteers in service to America (VISTA); (3)

during any period of service in the peace corps; (4) during any period of

service commitment to the United States public health service; (5) during

any period of religious missionary work conducted by an organization

exempt from tax under section 501(c)(3) of the federal internal revenue

code as in effect on December 31, 2000; (2) (6) during any period of

temporary medical disability time in which the person obligated is unable

because of such temporary medical disability to commence or continue

performance in satisfaction of the obligation; or (3) (7) during any period

of time the person obligated is enrolled and actively engaged on a full-

time basis in a graduate program leading to a degree which is higher than

that formerly attained formerly by the person obligated; (8) during any

period of time the person obligated is on job-protected leave under the

federal family and medical leave act of 1993; or (9) during any period of

time the state board of regents determines that the person obligated is

unable because of special circumstances to commence or continue per-

formance in satisfaction of the obligation. Except for clause (2) of this

subsection (a) clauses (6), (8) and (9), an obligation under any agreement

entered into under in accordance with the Kansas ethnic minority fellow-

ship program shall not be postponed more than five years from the time

performance of the obligation was to have been commenced under any

such agreement. An obligation under any agreement under entered into

in accordance with the program shall be postponed under clause (2) of

this subsection (a) (6) during the period of time the medical disability

exists. Except for clause (1) or clause (2) of this subsection (a), An obli-

gation under any agreement entered into under in accordance with the

program shall not be postponed unless the postponement is provided for

in the agreement under clause (8) during the period of time the person

obligated remains on FMLA leave. An obligation to commence or continue

performance in satisfaction of the obligation in accordance with an agree-

ment under the Kansas ethnic minority fellowship program shall be post-

poned under clause (9) during the period of time the state board of regents

determines that the special circumstances exist. The state board of regents

shall adopt rules and regulations prescribing criteria or guidelines for

determination of the existence of special circumstances causing an inabil-

ity to commence or continue performance in satisfaction of the obligation,

and shall determine the documentation required to prove the existence of

such circumstances.

(b) An obligation under any agreement under entered into in accord-

ance with the Kansas ethnic minority fellowship program shall be satis-

fied: (1) If performance of the obligation in accordance with an agreement

entered into under the program has been completed in accordance with

the agreement; (2) if the person obligated dies; (3) if, because of perma-

nent physical disability, the person obligated is unable to satisfy the ob-

ligation; or (4) if the person obligated fails to satisfy all the requirements

to enable the person to enter into the employ of of the graduate program

in which enrolled after making the best effort possible; (5) if the person

obligated fails to satisfy all requirements for certification to teach in Kan-

sas, if certification is necessary to obtain employment as provided in the

agreement; or (6) if the person obligated is unable to obtain employment

in an accredited elementary or secondary school or an accredited edu-

cational institution of postsecondary education in Kansas and to continue

in such employment after making the best effort possible.

Sec. 33. K.S.A. 2000 Supp. 74-32,118 is hereby amended to read as

follows: 74-32,118. (a) The state board of regents shall adopt rules and

regulations for administration of the Kansas ethnic minority fellowship

program and shall establish terms, conditions and obligations which shall

be incorporated into the provisions of any agreement entered into be-

tween the executive officer and an applicant for the award of a fellowship

under the program. The terms, conditions and obligations shall be con-

sistent with the provisions of law relating to the program and shall include,

but not be limited to, the circumstances under which eligibility for finan-

cial assistance under the program may be terminated, the amount of fi-

nancial assistance to be provided, the circumstances under which obli-

gations may be discharged or forgiven, the amount of money required to

be repaid because of failure to satisfy the obligations under an agreement

and the method of repayment.

(b) The state board of regents shall review the Kansas ethnic minority

fellowship program annually to determine if the program is meeting the

intention of the legislature and to make recommendations to the legislature

for continuance, discontinuance, expansion, or contraction of the pro-

gram.

Sec. 34. K.S.A. 2000 Supp. 74-3256 is hereby amended to read as

follows: 74-3256. (a) The state board of regents shall:

(1) Adopt rules and regulations for the administration of this act;

(2) provide for enrollment without charge of tuition at each ROTC

institution of the award of ROTC service scholarships to eligible students

who qualify therefor, as determined by the selection committee, for not

to exceed in any academic year a total of 40 eligible students in any

academic year if the at each ROTC institution is a state educational in-

stitution and if the ROTC institution is a municipal university, for not to

exceed a total of 10 eligible students in the 1996-97 academic year, 20

eligible students in the 1997-98 academic year, 30 eligible students in the

1998-99 academic year and 40 eligible students in the 1999-2000 aca-

demic year and in academic years thereafter. This provision is subject to

the provisions of subsection (c);

(3) publicize provide information regarding application procedures

and provide application forms;

(4) require any ROTC institution to promptly furnish upon request

any information which relates to the administration or effect of this act.

(b) Any If the ROTC institution at which enrollment of an eligible

students without charge of tuition is provided for under subsection (a)(2)

may file a claim with the state board of regents for reimbursement of the

amount of such tuition student who qualifies for an ROTC service schol-

arship is enrolled is a state educational institution, the scholarship shall

provide to the student an amount not to exceed 70% of the cost of at-

tendance at the institution for an academic year. If the ROTC institution

at which an eligible student who qualifies for an ROTC service scholarship

is enrolled is a municipal university, the amount of reimbursement for

each eligible student for whom enrollment is provided without charge of

tuition shall be at a rate not greater than the maximum rate of tuition

that would be charged by scholarship shall provide to the student an

amount not to exceed 70% of the average amount of the cost of attendance

at the state educational institutions for enrollment of the eligible student

an academic year. Within the limitations of appropriations therefor, the

state board of regents shall be responsible for payment of reimbursements

to ROTC institutions upon certification by each such institution of the

amount of reimbursement to which entitled. Payments to of ROTC in-

stitutions service scholarships shall be made upon pursuant to vouchers

approved by the state board of regents and upon warrants of the director

of accounts and reports. Payments may be made by issuance of a single

warrant to each ROTC institution at which one or more eligible students

are enrolled for the total amount of tuition not charged scholarships for

all eligible students for enrollment enrolled at that institution. The direc-

tor of accounts and reports shall cause such warrant to be delivered to

the ROTC institution at which such eligible student or students are en-

rolled. If an eligible student discontinues attendance before the end of

any academic year, after the ROTC institution has received payment un-

der this subsection, the institution shall pay to the state the entire amount

which such eligible student would otherwise qualify to have refunded,

not to exceed the amount of the payment made by the state in behalf of

such student under the ROTC service scholarship for the academic year.

All amounts paid to the state by ROTC institutions under this subsection

shall be deposited in the state treasury and credited to the state general

ROTC service scholarship program fund.

(c) If all ROTC service scholarships authorized to be awarded to el-

igible students at each ROTC institution have not been awarded by a date

established by the state board of regents, the scholarships that have not

been awarded by that date may be awarded to eligible students at any

ROTC institution if such students are qualified for such scholarships as

determined by the appropriate selection committee. The determination to

award ROTC service scholarships under this subsection to eligible stu-

dents who are qualified for such scholarships shall be made by the state

board of regents after consultation with the adjutant general.

Sec. 35. K.S.A. 2000 Supp. 74-3257 is hereby amended to read as

follows: 72-3457. Every eligible student who qualifies therefor for the

award of an ROTC service scholarship, as determined by the appropriate

selection committee, may enroll annually for both the fall and spring

semesters, not to exceed eight semesters, in an ROTC institution without

charge of tuition. Once an eligible student qualifies for the benefits pro-

vided for under this act, such eligible student shall remain qualified for

not to exceed eight semesters of undergraduate study unless the appro-

priate selection committee determines that such eligible student is dis-

qualified for failure to meet any or all of the requirements imposed under

the provisions of this act.

Sec. 36. K.S.A. 2000 Supp. 74-3258 is hereby amended to read as

follows: 74-3258. The selection committee of each ROTC institution shall:

(a) Receive and register the names of all eligible students who apply

for the benefits provided for under this act ROTC service scholarships;

(b) select methods for determining which eligible students are to be

recipients of the benefits under this act ROTC service scholarships;

(c) designate and notify the eligible students selected to receive the

benefits provided for under this act ROTC service scholarships.

Sec. 37. K.S.A. 2000 Supp. 74-3259 is hereby amended to read as

follows: 74-3259. In order to apply for qualification for the benefits pro-

vided for under this act an ROTC service scholarship, an eligible student,

if selected to receive benefits under this act such a scholarship, shall agree

to:

(a) Maintain standards of academic excellence and other standards

required to remain in good standing;

(b) maintain minimum full-time enrollment of at least 12 credit hours

each semester;

(c) participate in the reserve officers' training corps program;

(d) demonstrate the qualities required in a commissioned officer;

(e) immediately upon graduation from an ROTC institution, accept

a commission as a second lieutenant and serve for not less than four years

as a commissioned officer in the Kansas national guard.; and

(f) upon failure to satisfy an agreement to serve as a commissioned

officer in the Kansas national guard for the required four-year period,

repay to the state amounts as provided in K.S.A. 74-3260, and amend-

ments thereto.

Sec. 38. K.S.A. 2000 Supp. 74-3260 is hereby amended to read as

follows: 74-3260. (a) Upon the failure of any person, who as an eligible

student qualified for and received benefits provided for under this act

payments under an ROTC service scholarship, to remain eligible and

qualified or to satisfy the obligation to accept a commission and serve as

an officer in the Kansas national guard for the required period of time

under an agreement entered into pursuant to this act, such person shall

serve for not less than four years as an enlisted member of the Kansas

national guard, or pay to the state of Kansas an amount equal to the total

amount of benefits payments received by such person plus accrued in-

terest from the date such payments were received at a rate which is equiv-

alent to the interest rate applicable to loans made under the federal PLUS

program at the time such person first entered into an agreement plus five

percentage points. Such payment shall commence within 30 days, and be

completed within five years, after the date of the act or circumstance that

causes the failure of the person to remain eligible and qualified or to

satisfy the obligation of such agreement. Payments under this section shall

be installment payments and each such installment shall be not less than

an amount equal to 1/5 of the total amount which would be required to be

paid if paid in five equal annual installments. If an installment payment

becomes 91 days overdue, the entire amount outstanding shall become

immediately due and payable, including all interest at the rate prescribed.

Amounts paid under this section shall be deposited in the state treasury

and credited to the ROTC service scholarship repayment fund as provided

in section 39, and amendments thereto.

(b) The state board of regents is authorized to turn any repayment

account arising under the ROTC service scholarship program over to a

designated loan servicer or collection agency, the state not being involved

other than to receive payments from the loan servicer or collection agency

at the interest rate prescribed under this section.

New Sec. 39. (a) There is hereby created in the state treasury the

ROTC service scholarship program fund. The state board of regents shall

remit all moneys received under the ROTC service scholarship program,

which are paid because of nonattendance or discontinuance by scholar-

ship recipients, to the state treasurer at least monthly. Upon receipt of

each such remittance the state treasurer shall deposit the entire amount

thereof in the state treasury, and such amount shall be credited to the

ROTC service scholarship program fund. All expenditures from the

ROTC service scholarship program fund shall be for ROTC service schol-

arships and shall be made in accordance with appropriation acts upon

warrants of the director of accounts and reports issued pursuant to vouch-

ers approved by the state board of regents or by a person designated by

the state board.

(b) There is hereby created in the state treasury the ROTC service

scholarship repayment fund. The state board of regents shall remit all

moneys received under the ROTC service scholarship program, which

are for payment of amounts pursuant to K.S.A. 74-3260, and amendments

thereto, to the state treasurer at least monthly. Upon receipt of each such

remittance the state treasurer shall deposit the entire amount thereof in

the state treasury, and such amount shall be credited to the ROTC service

scholarship repayment fund. All expenditures from the ROTC service

scholarship repayment fund shall be for scholarships awarded under the

ROTC service scholarship program and shall be made in accordance with

appropriation acts upon warrants of the director of accounts and reports

issued pursuant to vouchers approved by the state board of regents or by

a person designated by the state board.

New Sec. 40. (a) Except as otherwise specified in the agreement, an

obligation under any agreement entered into in accordance with the

ROTC service scholarship program shall be postponed: (1) During any

period of service as a part of volunteers in service to America (VISTA);

(2) during any period of service in the peace corps; (3) during any period

of service commitment to the United States public health service; (4)

during any period of religious missionary work conducted by an organi-

zation exempt from tax under section 501(c)(3) of the federal internal

revenue code as in effect on December 31, 2000; (5) during any period

of time in which the person obligated is unable because of temporary

medical disability to commence or continue performance in satisfaction

of the obligation; (6) during any period of time the person obligated is

enrolled and actively engaged on a full-time basis in a graduate program

leading to a degree which is higher than that formerly attained; (7) during

any period of time the person obligated is on job-protected leave under

the federal family and medical leave act of 1993; or (8) during any period

of time the state board of regents determines that the person obligated

is unable because of special circumstances to commence or continue per-

formance in satisfaction of the obligation. Except for clauses (5), (7) and

(8), an obligation under any agreement entered into in accordance with

the ROTC service scholarship program shall not be postponed more than

five years from the time performance of the obligation was to have been

commenced under any such agreement. An obligation under any agree-

ment entered into in accordance with the program shall be postponed

under clause (5) during the period of time the medical disability exists.

An obligation under any agreement entered into in accordance with the

program shall be postponed under clause (7) during the period of time

the person obligated remains on FMLA leave. An obligation to commence

or continue performance in satisfaction of the obligation in accordance

with an agreement under the ROTC service scholarship program shall be

postponed under clause (8) during the period of time the state board of

regents determines that the special circumstances exist. The state board

of regents shall adopt rules and regulations prescribing criteria or guide-

lines for determination of the existence of special circumstances causing

an inability to commence or continue performance in satisfaction of the

obligation, and shall determine the documentation required to prove the

existence of such circumstances.

(b) An obligation under any agreement entered into in accordance

with the ROTC service scholarship program shall be satisfied: (1) If per-

formance of the obligation has been completed in accordance with the

agreement; (2) if the person obligated serves for not less than four years

as an enlisted member of the Kansas national guard; (3) if the person

obligated dies; (4) if, because of permanent physical disability, the person

obligated is unable to satisfy the obligation; (5) if the person obligated

fails to satisfy the requirements of the academic program in which en-

rolled after making the best effort possible; (6) if the person obligated

fails to satisfy all requirements for participation in the reserve officers'

training corps program after making the best effort possible; or (7) if the

person obligated fails to satisfy all requirements for commission as a sec-

ond lieutenant in the Kansas national guard after making the best effort

possible.

Sec. 41. K.S.A. 2000 Supp. 74-32,131 is hereby amended to read as

follows: 74-32,131. This act shall be known and may be cited as the ad-

vanced registered nurse practitioner student service scholarship program.

Sec. 42. K.S.A. 2000 Supp. 74-32,132 is hereby amended to read as

follows: 74-32,132. As used in this act:

(a) ``Committee'' means the nursing service scholarship review com-

mittee established under K.S.A. 74-3299, and amendments thereto.

(b) ``Executive officer'' means the chief executive officer of the state

board of regents appointed under K.S.A. 74-3203 2000 Supp. 74-3203a,

and amendments thereto.

(c) ``Educational and training program for advanced registered nurse

practitioners'' means a post-basic nursing education program a graduate

of which meets the education requirements of the board of nursing for a

certificate of qualification as an advanced registered nurse practitioner.

(d) ``Medically underserved area'' means an area of this state desig-

nated a medically underserved area by specialty or critically medically

underserved area by specialty under K.S.A. 76-375 and amendments

thereto a practice location designated medically underserved by the state

board of regents.

(e) ``Rural area'' means any county in of this state which has a pop-

ulation of not more than 20,000 people at the time of application other

than Douglas, Johnson, Sedgwick, Shawnee and Wyandotte counties.

Sec. 43. K.S.A. 2000 Supp. 74-32,133 is hereby amended to read as

follows: 74-32,133. (a) There is hereby established the advanced regis-

tered nurse practitioner student service scholarship program. Within the

limits of appropriations therefor, a scholarship may be awarded under

this the program to any qualified student enrolled in or admitted to an

educational and training program for advanced registered nurse practi-

tioners. The number of scholarships awarded under this scholarship the

program in any year shall not exceed 12.

(b) The determination of the individuals qualified for such scholar-

ships shall be made by the executive officer after seeking advice from the

committee. Scholarships shall be awarded on a priority basis to qualified

applicants in the advanced registered nurse practitioner categories of

nurse clinician or nurse practitioner or clinical specialist who have the

greatest financial need for such scholarships and who are residents of this

state. To the extent practicable and consistent with the other provisions

of this section, consideration shall be given to minority applicants.

(c) Scholarships awarded under this scholarship the program shall be

awarded for the length of the course of instruction required for gradua-

tion as an advanced registered nurse practitioner unless terminated be-

fore expiration of such period of time. Such scholarships shall provide (1)

to the a student receiving the scholarship enrolled in or admitted to an

educational and training program for advanced registered nurse practi-

tioners operated by a state educational institution the payment of tuition,

fees, books, room and board in an amount not to exceed the total of

$15,000 annually an amount not to exceed 70% of the cost of attendance

for a year, and (2) to a student enrolled in or admitted to an educational

and training program for advanced registered nurse practitioners oper-

ated by an independent institution of higher education the payment of an

amount not to exceed 70% of the average amount of the cost of attendance

for a year in educational and training programs for advanced registered

nurse practitioners operated by the state educational institutions. The

amount of each scholarship shall be established annually by the executive

officer and shall be financed by the state of Kansas.

Sec. 44. K.S.A. 2000 Supp. 74-32,134 is hereby amended to read as

follows: 74-32,134. (a) An applicant for a scholarship under this the ad-

vanced registered nurse practitioner service scholarship program shall

provide to the executive officer, on forms supplied by the executive of-

ficer, the following information:

(1) The name and address of the applicant;

(2) the name and address of the educational and training program for

advanced registered nurse practitioners in which the applicant is enrolled

in or to which the applicant has been admitted; and

(3) any additional information which may be required by the execu-

tive officer.

(b) As a condition to awarding a scholarship under this act, the ex-

ecutive officer and the applicant for a scholarship shall enter into an

agreement which shall require that the scholarship recipient:

(1) Engage in as a full-time student in and complete the required

course of instruction leading to the certificate of qualification as an ad-

vanced registered nurse practitioner;

(2) engage in within six months after graduation from the educational

and training program for advanced registered nurse practitioners, com-

mence full-time practice as an advanced registered nurse practitioner, or

commence the equivalent to full-time practice as specified by rules and

regulations of the state board of regents adopted in accordance with the

provisions of K.S.A. 2000 Supp. 74-32,137 and amendments thereto, or

commence part-time practice as an advanced registered nurse practi-

tioner, in a rural area or a medically underserved area, continue such

practice for the total amount of time required under the agreement, and

comply with such other terms and conditions as may be specified by such

the agreement;

(3) commence full-time practice, or the equivalent to full-time prac-

tice as specified by rules and regulations of the state board of regents

adopted in accordance with the provisions of K.S.A. 2000 Supp. 74-32,137

and amendments thereto, as an advanced registered nurse practitioner

in a rural area or medically underserved area within six months after

graduation from the educational and training program for advanced reg-

istered nurse practitioners in accordance with the agreement entered into

by the scholarship recipient and continue such full-time practice, or the

equivalent to full-time practice, in a rural area or medically underserved

area for the total amount of time required under the agreement, which

shall be for a period of not less than the length of the course of instruction

for which the scholarship assistance was provided, or commence part-time

practice in a rural area or medically underserved area and continue such

part-time practice in a rural area or medically underserved area for the

total amount of time required under the agreement, which shall be for a

period of time that is equivalent to full time, as determined by the state

board of regents, multiplied by the length of the course of instruction for

which the scholarship assistance was provided;

(4) maintain records and make reports to the executive officer as may

be required by the executive officer to document the satisfaction of the

obligation under this act; and

(5) upon failure to satisfy an agreement to engage in full-time practice

as an advanced registered nurse practitioner, or the equivalent to full-

time practice as specified by rules and regulations of the state board of

regents adopted in accordance with the provisions of K.S.A. 2000 Supp.

74-32,137 and amendments thereto, or in part-time practice, in a rural

area or medically underserved area for the required period of time under

any such agreement, repay to the state amounts as provided in K.S.A.

2000 Supp. 74-32,135, and amendments thereto.

Sec. 45. K.S.A. 2000 Supp. 74-32,135 is hereby amended to read as

follows: 74-32,135. (a) Except as provided in K.S.A. 2000 Supp. 74-

32,136, and amendments thereto, upon the failure of any person to satisfy

the obligation under any agreement entered into pursuant to this act,

such person shall pay to the executive officer an amount equal to the total

amount of money received by such person pursuant to such agreement

which is financed by the state of Kansas plus annual accrued interest at

a rate of 15% which is equivalent to the interest rate applicable to loans

made under the federal PLUS program at the time such person first en-

tered into an agreement plus five percentage points. Installment payments

of such amounts may be made in accordance with rules and regulations

of the state board of regents, except that such installment payments shall

commence six months after the date of the action or circumstances that

cause the failure of the person to satisfy the obligations of such agree-

ments, as determined by the executive officer based upon the circum-

stances of each individual case. Amounts paid under this section to the

executive officer shall be deposited in the advanced registered nurse prac-

titioner student service scholarship program fund in accordance with

K.S.A. 2000 Supp. 74-32,138 and amendments thereto.

(b) The state board of regents is authorized to turn any repayment

account arising under the advanced registered nurse practitioner service

scholarship program over to a designated loan servicer or collection

agency, the state not being involved other than to receive payments from

the loan servicer or collection agency at the interest rate prescribed under

this section.

Sec. 46. K.S.A. 2000 Supp. 74-32,136 is hereby amended to read as

follows: 74-32,136. (a) An obligation under any agreement entered into

under the advanced registered nurse practitioner student service schol-

arship program shall be postponed: (1) During any required period of

active military service; (2) during any period of service in the peace corps;

(3) during any period of service as a part of volunteers in service to Amer-

ica (VISTA); (4) during any period of service commitment to the United

States public health service; (5) during any period of religious missionary

work conducted by an organization exempt from tax under subsection (c)

of section 501(c)(3) of the federal internal revenue code of 1986 as in

effect on January 1 December 31, 1993 2000; (6) during any period of

temporary medical disability during which time the person obligated is

unable because of such temporary medical disability to practice as an

advanced registered nurse practitioner; or (7) during any period of time

the person obligated is enrolled and actively engaged on a full-time basis

in a course of study leading to a graduate degree in a field in for which

such person was awarded a scholarship under this act which degree is

higher than that formerly attained formerly by the person obligated; (8)

during any period of time the person obligated is on job-protected leave

under the federal family and medical leave act of 1993; or (9) during any

period of time the state board of regents determines that the person ob-

ligated is unable because of special circumstances to practice as an ad-

vanced registered nurse practitioner. Except for clauses (6), (8) and (9),

an obligation under any agreement entered into as provided in the ad-

vanced registered nurse practitioner service scholarship program shall not

be postponed more than five years from the time the obligation was to

have been commenced under any such agreement. An obligation under

any agreement as provided in the advanced registered nurse practitioner

service scholarship program shall be postponed under clause (6) during

the period of time the medical disability exists. An obligation to engage in

practice as an advanced registered nurse practitioner in accordance with

an agreement under the advanced registered nurse practitioner service

scholarship program shall be postponed under clause (8) during the pe-

riod of time the person obligated remains on FMLA leave. An obligation

to engage in practice as an advanced registered nurse practitioner in ac-

cordance with an agreement under the advanced registered nurse prac-

titioner service scholarship program shall be postponed under clause (9)

during the period of time the state board of regents determines that the

special circumstances exist. The state board of regents shall adopt rules

and regulations prescribing criteria or guidelines for determination of the

existence of special circumstances causing an inability to practice as an

advanced registered nurse practitioner, and shall determine the docu-

mentation required to prove the existence of such circumstances.

(b) An obligation under any agreement under entered into in accord-

ance with the advanced registered nurse practitioner student service

scholarship program shall be satisfied: (1) If the obligation in accord-

ance with an agreement under the scholarship program has been com-

pleted in accordance with the agreement; (2) if the person obligated dies;

(3) if, because of permanent physical disability, the person obligated is

unable to satisfy the obligation; or (4) if the person obligated fails to satisfy

the requirements for completion of the educational and training program

after making the best effort possible to do so; or (5) if the person obligated

is unable to obtain employment as an advanced registered nurse practi-

tioner and continue in such employment after making the best effort pos-

sible to do so.

Sec. 47. K.S.A. 2000 Supp. 74-32,137 is hereby amended to read as

follows: 74-32,137. The state board of regents, after consultation with the

committee, may adopt rules and regulations establishing minimum terms,

conditions and obligations which shall be incorporated into the provisions

of any agreement under the advanced registered nurse practitioner stu-

dent service scholarship program. The terms, conditions and obligations

shall be consistent with the provisions of law relating to the advanced

registered nurse practitioner student service scholarship program. The

terms, conditions and obligations so established shall include, but not be

limited to, the terms of eligibility for financial assistance under the ad-

vanced registered nurse practitioner student service scholarship program,

the amount of financial assistance to be offered, the length of practice in

a rural area or medically underserved area required as a condition to the

receipt of such financial assistance to be offered, the amount of money

required to be repaid because of failure to satisfy the obligations under

an agreement and the method of repayment and such other additional

provisions as may be necessary to carry out the provisions of the advanced

registered nurse practitioner student service scholarship program. The

state board of regents, after consultation with the committee, shall adopt

rules and regulations establishing criteria for evaluating the financial need

of applicants for scholarships and may adopt such other rules and regu-

lations as may be necessary to administer the advanced registered nurse

practitioner student service scholarship program.

Sec. 48. K.S.A. 2000 Supp. 74-32,138 is hereby amended to read as

follows: 74-32,138. There is hereby created in the state treasury the ad-

vanced registered nurse practitioner student service scholarship program

fund. The executive officer shall remit all moneys received under this act

to the state treasurer at least monthly. Upon receipt of each such remit-

tance the state treasurer shall deposit the entire amount thereof in the

state treasury, and such amount shall be credited to the advanced regis-

tered nurse practitioner student service scholarship program fund. All

expenditures from the advanced registered nurse practitioner student

service scholarship program fund shall be for scholarships awarded under

this act and shall be made in accordance with appropriation acts upon

warrants of the director of accounts and reports issued pursuant to vouch-

ers approved by the executive officer or by a person designated by the

executive officer.

New Sec. 49. (a) There is hereby established the professional service

scholarship advisory committee which shall consist of the following mem-

bers appointed by the state board of regents: One member representing

osteopaths; one member representing teachers; one member represent-

ing optometrists; one member representing ethnic minority graduate stu-

dents; one member representing reserve officer candidates; one member

representing nurses; and the chairperson of the nursing service scholar-

ship review committee or a designee of the chairperson.

(b) The professional service scholarship advisory committee shall

make recommendations to the state board of regents regarding budget

requests for and administration of professional service scholarships.

(c) The members of the professional service scholarship advisory

committee shall be appointed for three-year terms and shall serve until

their successors are appointed and qualified. If a vacancy occurs prior to

the expiration of a term, the appointing authority shall appoint a person

to fill such position for the unexpired term. Persons appointed to the

committee may be reappointed by the appointing authority for succeed-

ing terms.

(d) The executive officer of the state board of regents or a designee

of the executive officer shall provide relevant information, staff assistance,

and meeting arrangements for the professional service scholarship advi-

sory committee which shall meet at least once per year.

(e) Members of the professional service advisory committee shall be

eligible for amounts provided in subsection (e) of K.S.A. 75-3223, and

amendments thereto, for attendance at any meeting of the committee or

any subcommittee meeting authorized by the committee. Amounts paid

under this subsection shall be from appropriations to the state board of

regents upon warrants of the director of accounts and reports issued pur-

suant to vouchers approved by the state board or a person designated by

the state board.

Sec. 50. K.S.A. 74-3223, 74-3224, 74-3225, 74-3226, 74-3227, 74-

3228, 74-3246, 74-3247, 74-3248, 74-3267a, 74-3268, 74-3268a, 74-3269,

74-3271, 74-3272, 74-3273, 74-3291, 74-3293, 74-3294, 74-3297, 74-

3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-32,105 and 74-

32,106 and K.S.A. 2000 Supp. 74-3256, 74-3257, 74-3258, 74-3259, 74-

3260, 74-3265, 74-3266, 74-3267, 74-3292, 74-3295, 74-3296, 74-3298,

74-32,104, 74-32,107, 74-32,112, 74-32,113, 74-32,114, 74-32,115, 74-

32,116, 74-32,117, 74-32,118, 74-32,131, 74-32,132, 74-32,133, 74-

32,134, 74-32,135, 74-32,136, 74-32,137 and 74-32,138 are hereby re-

pealed.

Sec. 51. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 7, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001