As Further Amended by Senate Committee

         
As Amended by Senate Committee
         
Session of 2000
         
SENATE BILL No. 381
         
By Legislative Educational Planning Committee
         
12-15
         

12             AN  ACT concerning higher education; relating to professional service
13             scholarships for prospective doctors of osteopathy, optometrists,
14             nurses, teachers, dentists and national guard officers; amending K.S.A.
15             74-3267a, 74-3268, 74-3268a, 74-3271, 74-3272, 74-3273, 74-3291, 74-
16             3293, 74-3294, 74-3297, 74-3299, 74-32,100, 74-32,101, 74-32,102, 74-
17             32,103, 74-32,105 and 74-32,106 and K.S.A. 1999 Supp. 74-3256, 74-
18             3257, 74-3258, 74-3259, 74-3260, 74-3265, 74-3266, 74-3267, 74-3292,
19             74-3295, 74-3296, 74-3298, 74-32,104, 74-32,107, 74-32,112, 74-
20             32,113, 74-32,114, 74-32,115, 74-32,116, 74-32,117, 74-32,118, 74-
21             32,131, 74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-
22             32,137 and 74-32,138 and repealing the existing sections; also
23             repealing K.S.A. 74-3223, 74-3224, 74-3225, 74-3226, 74-3227, 74-
24             3228, 74-3246, 74-3247, 74-3248 and 74-3269.
25      
26       Be it enacted by the Legislature of the State of Kansas:
27             Section  1. K.S.A. 1999 Supp. 74-3265 is hereby amended to read as
28       follows: 74-3265. (a) Within the limits of appropriations therefor for os-
29       teopathic medical service scholarships, and in accordance with the pro-
30       visions of this section, the state board of regents may award such schol-
31       arships in accordance with the provisions of this section to Kansas
32       residents who are undergraduate students enrolled in or admitted to ac-
33       credited schools of osteopathic medicine in a course of instruction leading
34       to the degree of doctor of osteopathy and who enter into a written agree-
35       ment with the state board of regents as provided in accordance with
36       K.S.A. 74-3266, and amendments thereto.
37             (b) Osteopathic medical service scholarships awarded under this sec-
38       tion shall be in effect during for the period of time provided specified in
39       subsection (c) and shall provide to the person receiving the scholarship
40       the payment of all tuition and required fees for one year up to a maximum
41       of $15,000 an amount not to exceed the maximum amount of a loan au-
42       thorized to be made under the medical student loan act.
43             (c) Osteopathic medical service scholarships awarded under this sec-


2

  1       tion shall be awarded on an annual basis and shall be in effect for one
  2       year unless otherwise terminated before the expiration of such period of
  3       time. A Kansas resident who is an undergraduate student enrolled in or
  4       admitted to an accredited school of osteopathic medicine in a course of
  5       instruction leading to the degree of doctor of osteopathy may be awarded
  6       a separate scholarship for each separate year the student enters into a
  7       written agreement with the state board of regents under as provided in
  8       K.S.A. 74-3266, and amendments thereto, up to a maximum of four years.
  9       For each separate year a student is awarded a scholarship under this
10       section, the student shall engage in the full-time practice of medicine and
11       surgery in Kansas for a the period of 12 months time specified in subsec-
12       tion (a)(3) of K.S.A. 74-3266, and amendments thereto, unless such ob-
13       ligation is otherwise satisfied as provided in K.S.A. 74-3268, and amend-
14       ments thereto.
15             (d) The state board of regents shall not award more than 15 osteo-
16       pathic medical service scholarships in any year to persons who have not
17       previously been awarded such a scholarship under this section and, in any
18       case, the state board shall not award more than 60 such scholarships under
19       this section in any year. In selecting Kansas residents to be awarded os-
20       teopathic medical service scholarships under this section, the state board
21       shall first consider give primary consideration to students commencing
22       their first year of instruction at accredited schools of osteopathic medicine
23       and thereafter shall consider students in later years of instruction.
24             Sec.  2. K.S.A. 1999 Supp. 74-3266 is hereby amended to read as
25       follows: 74-3266. (a) An agreement entered into by the state board of
26       regents and a Kansas resident who is an undergraduate student enrolled
27       in or admitted to an accredited school of osteopathic medicine in a course
28       of instruction leading to the degree of doctor of osteopathy for the award-
29       ing of a an osteopathic medical service scholarship under K.S.A. 74-3265
30       and amendments thereto shall require that the person receiving the
31       scholarship:
32             (1) Complete the required course of instruction and receive the de-
33       gree of doctor of osteopathy;
34             (2) apply for and obtain a license to practice medicine and surgery in
35       Kansas;
36             (3) except as otherwise provided in subsection (c), engage in the full-
37       time practice of medicine and surgery in Kansas on a full-time basis for
38       a period of 12 months in Kansas for each year a scholarship was received
39       or on a part-time basis for a period equivalent to 12 months, as determined
40       by the state board of regents, for each year a scholarship was received;
41             (4)  (A) with regard to persons entering into agreements entered into
42       prior to July 1, 1993 the effective date of this act, commence such full-
43       time or part-time practice of medicine and surgery within nine months


3

  1       after licensure or within nine months after completion of a an approved
  2       postgraduate residency training program and licensure, whichever is
  3       later, and continue such full-time practice in Kansas for a consecutive
  4       period of months equal to the total number of months required under
  5       the agreement;
  6             (B) with regard to persons entering into agreements entered into af-
  7       ter July 1, 1993 the effective date of this act, commence such full-time or
  8       part-time practice of medicine and surgery within nine six months after
  9       licensure or within nine six months after completion of an approved post-
10       graduate residency training program as defined in this section and licen-
11       sure, whichever is later, and continue such full-time practice in Kansas
12       for a consecutive period of months equal to the total number of months
13       required under the agreement;
14             (5) agree that the service commitment for each agreement entered
15       into under this section is in addition to the service commitment contained
16       in any other agreement which has been or may be entered into under
17       this section for the purpose of obtaining scholarship aid;
18             (6) maintain records and make reports to the state board of regents
19       to document the satisfaction of the obligation under such agreement to
20       engage in the full-time or part-time practice of medicine and surgery in
21       Kansas and to continue such full-time practice for a consecutive period
22       of months equal to the total number of months required under the agree-
23       ment; and
24             (7) repay amounts to the state board of regents as provided in K.S.A.
25       74-3267, and amendments thereto, upon failure to satisfy an agreement
26       to engage in the full-time or part-time practice of medicine and surgery
27       in Kansas for the required period of time under any such agreement, the
28       person receiving a scholarship under K.S.A. 74-3265 and amendments
29       thereto shall repay amounts to the state board of regents as provided in
30       K.S.A. 74-3267 and amendments thereto entered into as provided in this
31       section.
32             (b)  (1) Each Kansas student who enters into an agreement under this
33       section after June 30, 1988, shall serve the practice obligations incurred
34       by such student under such agreement within an area of the state des-
35       ignated as a service commitment area I pursuant to K.S.A. 76-375 and
36       amendments thereto. Such student shall select a service commitment area
37       I in accordance with the provisions of K.S.A. 76-375 and amendments
38       thereto and shall be subject to the provisions of subsections (c) and (d)
39       of such K.S.A. 76-375 and amendments thereto in the same manner and
40       to the same effect as a person required to engage in the full-time practice
41       of medicine and surgery in a service commitment area I pursuant to any
42       agreement under K.S.A. 76-373 through 76-377a and amendments
43       thereto, except that in lieu of informing or notifying the university of


4

  1       Kansas school of medicine of certain matters under the provisions of
  2       subsections (c) and (d) of such K.S.A. 76-375 and amendments thereto
  3       such student shall inform and notify the state board of regents thereof.
  4             (2) Except as otherwise provided in subsection (c), each Kansas stu-
  5       dent who enters into an agreement under as provided in this section after
  6       June 30, 1993, shall serve the practice obligations incurred by such stu-
  7       dent under such the agreement in any county of this state other than
  8       Douglas, Johnson, Sedgwick, Shawnee or Wyandotte counties a rural
  9       area or a medically underserved area.
10             (c)  (1) A person awarded a an osteopathic medical service scholarship
11       in accordance with the provisions of K.S.A. 74-3265 through 74-3268 and
12       amendments thereto may satisfy the obligation to engage in the practice
13       of medicine and surgery, under an agreement entered into pursuant to
14       this section, even though such person is engaged in practice in an area
15       not designated a rural area or a medically underserved area by specialty,
16       or a critically medically underserved area by specialty, or is engaged in
17       practice in Douglas, Johnson, Sedgwick, Shawnee or Wyandotte counties,
18       through employment by the state of Kansas on a part-time basis by the
19       state of Kansas, which employment has been approved by the state board
20       of regents, for the practice of medicine and surgery at any state medical
21       care facility or institution.
22             (d) (2) For all the purposes under of this section subsection, service
23       or employment after June 30, 1988, on a part-time basis at a state medical
24       care facility or institution shall be on the a part-time basis of at least the
25       equivalent of 1/2 time in order to shall satisfy practice obligations under
26       the obligation to engage in the full-time practice of medicine and surgery
27       in Kansas for a period of 12 months for each year a scholarship was
28       received as provided in an agreement entered into under this section.
29             (e) (d) As used in this section and K.S.A. 74-3267 and amendments
30       thereto For the purposes of the osteopathic medical service scholarship
31       program (1) ``state medical care facility or institution'' has the meaning
32       ascribed thereto by in subsection (k) of K.S.A. 76-375, and amendments
33       thereto; and (2) ``approved postgraduate residency training program''
34       means a residency training program in general pediatrics, general internal
35       medicine, pediatrics, family medicine, family practice, obstetrics and gy-
36       necology, or emergency medicine; (3) ``medically underserved area''
37       means a practice location designated medically underserved by the state
38       board of regents; and (4) ``rural area'' means any county of this state other
39       than Douglas, Johnson, Sedgwick, Shawnee and Wyandotte counties.
40             Sec.  3. K.S.A. 1999 Supp. 74-3267 is hereby amended to read as
41       follows: 74-3267. (a) (1) Except as otherwise provided in K.S.A. 74-3268,
42       and amendments thereto, upon the failure of any person to satisfy the
43       obligation to engage in the full-time or part-time practice of medicine


5

  1       and surgery within the state of Kansas for the required period of time
  2       under any an agreement entered into pursuant to as provided in K.S.A.
  3       74-3265 and 74-3266, and amendments thereto, such person shall repay
  4       to the state board of regents an amount equal to the total of (1) the
  5       amount of money received by such person pursuant to such agreement
  6       plus (2) annual accrued interest at a rate of 15% from the date such money
  7       was received at a rate which is equivalent to the interest rate applicable
  8       to loans made under the federal PLUS program at the time such person
  9       first entered into an agreement plus two five percentage points.
10             (2) Any person who applies for and enters a postgraduate residency
11       training program that is not an approved program as provided in this
12       section shall be required to repay all moneys received pursuant to as
13       provided in an agreement entered into for any scholarship awarded under
14       K.S.A. 74-3265 74-3266, and amendments thereto, plus accumulated ac-
15       crued interest at an annual rate of 15% from the date such moneys were
16       received at a rate which is equivalent to the interest rate applicable to
17       loans made under the federal PLUS program at the time such person first
18       entered into an agreement plus two five percentage points and shall com-
19       mence such repayment in accordance with subsection (b) within 90 days
20       of graduation from the school of osteopathic medicine or upon termina-
21       tion or completion of a residency training program which does not comply
22       with the provisions of this act, whichever is later.
23             (3) Any person who enters and completes an approved postgraduate
24       residency training program but fails to satisfy the obligation to engage in
25       the full-time or part-time practice of medicine and surgery within a serv-
26       ice commitment area of this state for the required period of time shall
27       be required to repay all money received pursuant to an agreement en-
28       tered into for any scholarship awarded under K.S.A. 74-3865 74-3266,
29       and amendments thereto, plus accumulated accrued interest at an annual
30       rate of 15% from the date such money was received at a rate which is
31       equivalent to the interest rate applicable to loans made under the federal
32       PLUS program at the time such person first entered into an agreement
33       plus two five percentage points and shall commence such repayment in
34       accordance with subsection (b) within 90 days of failure to commence
35       qualifying practice satisfy the obligation.
36             (b) Each person required to repay any amount under this section shall
37       repay an amount totaling the entire amount to be repaid under all such
38       agreements for which such obligations are not satisfied, including all
39       amounts of interest at the rate prescribed. Except as otherwise provided
40       in this section, such repayment shall be in installment payments and each
41       such installment shall be not less than the an amount equal to 1/5 of the
42       total amount which would be required to be paid if repaid in five equal
43       annual installments.


6

  1             (c) Except as otherwise provided in this section subparts (2) and (3)
  2       of subsection (a), all installment payments under this section shall com-
  3       mence six months after the date of the action or circumstance that causes
  4       the failure of the person to satisfy the obligations of such agreements, as
  5       determined by the state board of regents based upon the circumstances
  6       of each individual case. If an installment payment becomes 91 days over-
  7       due, the entire amount outstanding shall become immediately due and
  8       payable, including all amounts of interest at the rate prescribed.
  9             (d) The total repayment obligation imposed under all agreements en-
10       tered into under as provided in K.S.A. 74-3266, and amendments thereto,
11       may be satisfied at any time prior to graduation from the accredited school
12       of osteopathic medicine by making a single lump sum payment equal to
13       the total of (1) the entire amount to be repaid under all such agreements
14       upon failure to satisfy the obligations under such agreements to practice
15       in Kansas, plus (2) all amounts of interest accrued thereon at the rate
16       prescribed to the date of payment under this section.
17             (e) The state board of regents is authorized to turn any repayment
18       account arising under the osteopathic medical service scholarship pro-
19       gram over to a designated loan servicer or collection agency, the state not
20       being involved other than to receive payments from the loan servicer or
21       collection agency at the interest rate prescribed under this section.
22             Sec.  4. K.S.A. 74-3267a is hereby amended to read as follows: 74-
23       3267a. There is hereby created in the state treasury the osteopathic med-
24       ical service scholarship repayment fund. The state board of regents shall
25       remit all moneys received under K.S.A. 74-3247, 74-3248 and 74-3267,
26       and amendments thereto, to the state treasurer at least monthly. Upon
27       receipt of each such remittance the state treasurer shall deposit the entire
28       amount thereof in the state treasury, and such amount shall be credited
29       to the osteopathic medical service scholarship repayment fund. All ex-
30       penditures from the osteopathic medical service scholarship repayment
31       fund shall be for osteopathic medical service scholarships under K.S.A.
32       74-3265 and amendments thereto, and shall be made in accordance with
33       appropriation acts upon warrants of the director of accounts and reports
34       issued pursuant to vouchers approved by the executive officer of the state
35       board of regents or a person designated by the executive officer.
36             Sec.  5. K.S.A. 74-3268 is hereby amended to read as follows: 74-
37       3268. (a) An obligation to engage in the practice of medicine and surgery
38       in accordance with an agreement under K.S.A. 74-3266, and amendments
39       thereto, shall be postponed: (1) During any required period of active
40       military service; (2) during any period of service as a part of volunteers
41       in service to America (VISTA); (3) during any period of service in the
42       peace corps; (4) during any period of service commitment to the United
43       States public health service; (5) during any period of religious missionary


7

  1       work conducted by an organization exempt from tax under subsection (c)
  2       of section 501(c)(3) of the federal internal revenue code of 1954, as
  3       amended as in effect on December 31, 1999; (6) during the any period of
  4       time the person obligated is engaged solely in the teaching of medicine;
  5       (7) during the any period of time the person obligated is engaged solely
  6       in medical research; or (8) during any period of temporary medical dis-
  7       ability during which time the person obligated is unable because of such
  8       temporary medical disability to practice medicine and surgery; (9) during
  9       any period of time the person obligated is on job-protected leave under
10       the federal family and medical leave act of 1993; or (10) during any period
11       of time the state board of regents determines that the person obligated is
12       unable because of special circumstances to practice medicine and surgery.
13       Except for clause clauses (8) of this subsection (a), (9) and (10), an obli-
14       gation to engage in the practice of medicine and surgery in accordance
15       with an agreement under K.S.A. 74-3266, and amendments thereto, shall
16       not be postponed more than five years from the time the practice of
17       medicine and surgery was to have been commenced under any such
18       agreement. An obligation to engage in the practice of medicine and sur-
19       gery in accordance with an agreement under K.S.A. 74-3266, and amend-
20       ments thereto, shall be postponed under clause (8) of this subsection (a)
21       during the period of time the medical disability exists. An obligation to
22       engage in the practice of medicine and surgery in accordance with an
23       agreement under K.S.A. 74-3266, and amendments thereto, shall be post-
24       poned under clause (9) during the period of time the person obligated
25       remains on FMLA leave. An obligation to engage in the practice of med-
26       icine and surgery in accordance with an agreement under K.S.A. 74-3266,
27       and amendments thereto, shall be postponed under clause (10) during the
28       period of time the state board of regents determines that the special cir-
29       cumstances exist. The state board of regents shall adopt rules and regu-
30       lations prescribing criteria or guidelines for determination of the existence
31       of special circumstances causing an inability to practice medicine and
32       surgery, and shall determine the documentation required to prove the
33       existence of such circumstances.
34             (b) An obligation to engage in the practice of medicine and surgery
35       in accordance with an agreement under K.S.A. 74-3266, and amendments
36       thereto, shall be satisfied: (1) If the obligation to engage in the practice
37       of medicine and surgery in accordance with an agreement under K.S.A.
38       74-3266 has been completed in accordance with the agreement; (2) if the
39       person obligated dies; (3) if, because of permanent physical disability, the
40       person obligated is unable to practice medicine and surgery; (4) if the
41       person obligated fails to satisfy the requirements for a degree of doctor
42       of osteopathy after such person has made their making the best efforts
43       effort possible to obtain such degree; or (5) if the person obligated fails


8

  1       to satisfy all requirements for a permanent license to practice medicine
  2       and surgery in Kansas or any other jurisdiction or has been denied a
  3       license after such the person has applied for a license and has made their
  4       the best efforts effort possible to obtain a license.
  5             Sec.  6. K.S.A. 74-3268a is hereby amended to read as follows: 74-
  6       3268a. If a person fails to satisfy an obligation to engage in the full-time
  7       practice of medicine and surgery in Kansas for the required period of
  8       time under an agreement entered into pursuant to as provided in K.S.A.
  9       74-3223 to 74-3228, inclusive, 74-3246 to 74-3248, inclusive, or 74-3265
10       to 74-3267, inclusive 74-3266, and amendments thereto, because such
11       person is engaged in the practice of medicine and surgery in a state other
12       than Kansas, and if such person is subject to or currently making repay-
13       ments under any such statutes agreement, and if such person subse-
14       quently commences the practice of medicine and surgery in this state
15       which complies in compliance with the agreements entered into under
16       such statutes agreement, the balance of the repayment amount, including
17       interest thereon, from the time of such commencement of the practice
18       of medicine and surgery in this state until the obligation of such person
19       is satisfied, or until the time such person again becomes subject to re-
20       payments, shall be waived. All repayment amounts due prior to such com-
21       mencement of practice in this state, including interest thereon, shall con-
22       tinue to be payable as provided in such statutes the agreement. If
23       subsequent to such commencement of practice in this state, the person
24       fails to satisfy such the obligation to practice for the period of time spec-
25       ified in the agreement, the person again shall be subject to repayments,
26       including interest thereon, as otherwise provided in such statutes the
27       agreement.
28             Sec.  7. K.S.A. 74-3271 is hereby amended to read as follows: 74-
29       3271. An agreement entered into by the state board of regents and a
30       Kansas resident who is an undergraduate student enrolled in or admitted
31       to an accredited school or college of optometry pursuant to a contract
32       which provides for guaranteed admission and continued enrollment of
33       such person therein and which was entered into for such purpose under
34       K.S.A. 76-721a, and amendments thereto, shall require that the person:
35             (a) Complete the required course of instruction in optometry and
36       receive the degree therefor;
37             (b) apply for and obtain a license to practice optometry in Kansas;
38             (c) engage in the full-time practice of optometry in Kansas on a full-
39       time basis for a period of 12 months in Kansas for each year in which
40       such person is so enrolled in the school or college of optometry and for
41       which an annual amount is paid therefor by the state board of regents
42       therefor pursuant to a contract under K.S.A. 76-721a, and amendments
43       thereto, or engage in the practice of optometry in Kansas on a part-time


9

  1       basis for a period equivalent to 12 months, as determined by the state
  2       board of regents, for each year in which such person is enrolled in the
  3       school or college of optometry and for which an annual amount is paid
  4       therefor by the state board of regents pursuant to a contract under K.S.A.
  5       76-721a, and amendments thereto;
  6             (d)  (1) with regard to persons entering into an agreement prior to
  7       the effective date of this act, commence such full-time or part-time prac-
  8       tice of optometry within nine months after licensure and continue such
  9       full-time practice in Kansas for a consecutive period of months equal to
10       the total number of months required under the agreement;
11             (2) with regard to persons entering into an agreement after the effec-
12       tive date of this act, commence such full-time or part-time practice of
13       optometry within six months after licensure and continue such practice
14       in Kansas for a consecutive period of months equal to the total number
15       of months required under the agreement;
16             (e) maintain records and make reports to the state board of regents
17       to document the satisfaction of the obligation under such agreement to
18       engage in the full-time or part-time practice of optometry in Kansas and
19       to continue such full-time practice for a consecutive period of months
20       equal to the total number of months required under the agreement; and
21             (f) upon failure to satisfy an agreement to engage in the full-time or
22       part-time practice of optometry in Kansas for the required period of time
23       under such agreement, repay amounts to the state board of regents as
24       provided in K.S.A. 74-3272, and amendments thereto.
25             Sec.  8. K.S.A. 74-3272 is hereby amended to read as follows: 74-
26       3272. (a) Except as otherwise provided in subsection (e) and in K.S.A.
27       74-3273, and amendments thereto, and subsection (e), upon the failure
28       of any person to satisfy the obligation to engage in the full-time or part-
29       time practice of optometry within the state of Kansas for the required
30       period of time under an agreement entered into pursuant to K.S.A. 74-
31       3271, and amendments thereto, such person shall repay to the state board
32       of regents an amount equal to the total of (1) the total amount of money
33       paid by the state board of regents in amounts for guaranteed admission
34       and continued enrollment of such person in an accredited school or col-
35       lege of optometry pursuant to a contract entered into therefor under
36       K.S.A. 76-721a, and amendments thereto, plus (2) annual accrued interest
37       at a rate of 15% from the date such money was paid pursuant to such
38       contract at a rate which is equivalent to the interest rate applicable to
39       loans made under the federal PLUS program at the time such person first
40       entered into an agreement plus two five percentage points.
41             (b) Each person required to repay any amount under this section shall
42       repay an amount totaling the entire amount to be repaid under such
43       agreement for which such obligation is not satisfied, including all interest


10

  1       at the rate prescribed. Except as otherwise provided in this section, such
  2       repayment shall be in installment payments and each such installment
  3       shall be not less than the an amount equal to 1/5 of the total amount which
  4       would be required to be paid if repaid in five equal annual installments.
  5             (c) All installment payments under this section shall commence six
  6       months after the date of the action or circumstance that causes the failure
  7       of the person to satisfy the obligations of such agreement, as determined
  8       by the state board of regents based upon the circumstances of each in-
  9       dividual case. If an installment payment becomes 91 days overdue, the
10       entire amount outstanding shall become immediately due and payable,
11       including all interest at the rate prescribed.
12             (d) The total repayment obligation imposed under the an agreement
13       entered into under pursuant to K.S.A. 74-3271, and amendments thereto,
14       may be satisfied at any time prior to graduation from the accredited school
15       or college of optometry by making a single lump-sum payment equal to
16       the total of (1) the entire amount to be repaid under such agreement
17       upon failure to satisfy the obligation under such agreement to practice
18       optometry in Kansas, plus (2) all interest thereon at the rate prescribed
19       to the date of payment.
20             (e) If a person fails to satisfy an obligation to engage in the full-time
21       or part-time practice of optometry in Kansas for the required period of
22       time under an agreement entered into pursuant to K.S.A. 74-3271, and
23       amendments thereto, because such person is engaged in the practice of
24       optometry in a state other than Kansas, and if such person is subject to
25       or currently making repayments under this section, and if such person
26       subsequently commences the practice of optometry in this state which
27       complies with the agreements entered into under such statute, the bal-
28       ance of the repayment amount, including interest thereon, from the time
29       of such commencement of practice until the obligation of such person is
30       satisfied, or until the time such person again becomes subject to repay-
31       ments, shall be waived. All repayment amounts due prior to such com-
32       mencement of practice in this state, including interest thereon, shall con-
33       tinue to be payable as provided in this section. If subsequent to such
34       commencement of practice, the person fails to satisfy such obligation, the
35       person again shall be subject to repayments, including interest thereon,
36       as otherwise provided in this section.
37             (f) The state board of regents is authorized to turn any repayment
38       account arising under the optometry service scholarship program over to
39       a designated loan servicer or collection agency, the state not being in-
40       volved other than to receive payments from the loan servicer or collection
41       agency at the interest rate prescribed under this section.
42             Sec.  9. K.S.A. 74-3273 is hereby amended to read as follows: 74-
43       3273. (a) An obligation to engage in the practice of optometry in accord-


11

  1       ance with an agreement under K.S.A. 74-3271, and amendments thereto,
  2       shall be postponed: (1) During any required period of active military
  3       service; (2) during any period of service as a part of volunteers in service
  4       to America (VISTA); (3) during any period of service in the peace corps;
  5       (4) during any period of service commitment to the United States public
  6       health service; (5) during any period of religious missionary work con-
  7       ducted by an organization exempt from tax under subsection (c) of section
  8       501(c)(3) of the federal internal revenue code of 1954, as amended as in
  9       effect on December 31, 1999; (6) during the any period of time the person
10       obligated is engaged solely in the teaching of optometry; (7) during the
11       any period of time the person obligated is engaged solely in optometric
12       research; or (8) during any period of time the person obligated is actively
13       engaged on a full-time basis in an approved postgraduate residency train-
14       ing program; (9) during any period of temporary medical disability during
15       which time the person obligated is unable because of such temporary
16       medical disability to practice optometry; (10) during any period of time
17       the person obligated is on job-protected leave under the federal family
18       and medical leave act of 1993; or (11) during any period of time the state
19       board of regents determines that the person obligated is unable because
20       of special circumstances to practice optometry. Except for clause (8) of
21       this subsection (a), clauses (9), (10) and (11), an obligation to engage in
22       the practice of optometry in accordance with an agreement under K.S.A.
23       74-3271, and amendments thereto, shall not be postponed more than five
24       years from the time the practice of optometry was to have been com-
25       menced under any such agreement. An obligation to engage in the prac-
26       tice of optometry in accordance with an agreement under K.S.A. 74-3271,
27       and amendments thereto, shall be postponed under clause (8) (9) of this
28       subsection (a) during the period of time the medical disability exists. An
29       obligation to engage in the practice of optometry in accordance with an
30       agreement under K.S.A. 74-3271, and amendments thereto, shall be post-
31       poned under clause (10) during the period of time the person obligated
32       remains on FMLA leave. An obligation to engage in the practice of op-
33       tometry in accordance with an agreement under K.S.A. 74-3271, and
34       amendments thereto, shall be postponed under clause (11) during the
35       period of time the state board of regents determines that the special cir-
36       cumstances exist. The state board of regents shall adopt rules and regu-
37       lations prescribing criteria or guidelines for determination of the existence
38       of special circumstances causing an inability to practice optometry, and
39       shall determine the documentation required to prove the existence of such
40       circumstances.
41             (b) An obligation to engage in the practice of optometry in accord-
42       ance with an agreement under K.S.A. 74-3271, and amendments thereto,
43       shall be satisfied: (1) If the obligation to engage in the practice of optom-


12

  1       etry in accordance with an agreement under K.S.A. 74-3271, and amend-
  2       ments thereto, has been completed; (2) if the person obligated dies; (3)
  3       if, because of permanent physical disability, the person obligated is unable
  4       to practice optometry; (4) if the person obligated fails to satisfy the
  5       requirements for a degree from an accredited school or college of optom-
  6       etry after such person has made their making the best efforts effort pos-
  7       sible to obtain such degree; or (5) if the person obligated fails to satisfy
  8       all requirements for a permanent license to practice optometry in Kansas
  9       or any other jurisdiction or has been denied a license after such person
10       has applied for a license and has made their the best efforts effort possible
11       to obtain a license.
12             Sec.  10. K.S.A. 74-3291 is hereby amended to read as follows: 74-
13       3291. This act shall be known and may be cited as the nursing student
14       service scholarship program.
15             Sec.  11. K.S.A. 1999 Supp. 74-3292 is hereby amended to read as
16       follows: 74-3292. As used in this act:
17             (a) ``Committee'' means the nursing service scholarship review com-
18       mittee established under K.S.A. 74-3299 and amendments thereto.
19             (b) ``Executive officer'' means the executive officer of the state board
20       of regents appointed under K.S.A. 74-3203 and amendments thereto.
21             (c) ``Rural area'' means any county of this state other than Douglas,
22       Johnson, Sedgwick, Shawnee and Wyandotte counties.
23             (d) ``School of nursing'' means a school within the state of Kansas
24       which is approved by the state board of nursing to grant a diploma, an
25       associate degree or a baccalaureate degree in professional nursing or a
26       certificate of completion in practical nursing.
27             (e) ``Sponsor'' means any adult care home licensed under the adult
28       care home licensure act, any medical care facility licensed under K.S.A.
29       65-425 et seq. and amendments thereto, any psychiatric hospital licensed
30       under K.S.A. 75-3307b, and amendments thereto, any home health
31       agency licensed under K.S.A. 65-5101 et seq. and amendments thereto,
32       any local health department as defined in K.S.A. 65-241, and amendments
33       thereto, and any state agency which employs licensed practical nurses or
34       licensed professional nurses.
35             Sec.  12. K.S.A. 74-3293 is hereby amended to read as follows: 74-
36       3293. (a) There is hereby established the nursing student service schol-
37       arship program. A scholarship may be awarded under the nursing student
38       service scholarship program to any qualified nursing student enrolled in
39       or admitted to a school of nursing in a course of instruction leading to
40       licensure as a licensed professional nurse or licensed practical nurse. The
41       number of new scholarships awarded under the nursing student service
42       scholarship program in each year shall not exceed 250. Of this number,
43       except as otherwise provided in this section, 100 scholarships shall be


13

  1       awarded to nursing students whose sponsors are located in rural areas
  2       and who are enrolled in a course of instruction leading to licensure as a
  3       registered professional nurse, 50 scholarships shall be awarded for to
  4       nursing students enrolled in or admitted to a school of nursing operated
  5       by a community college, area vocational-technical school or area voca-
  6       tional school in a course of instruction leading to licensure as a licensed
  7       practical nurse and the remaining 100 scholarships shall be awarded to
  8       any nursing students who have a sponsor and who are enrolled in a course
  9       of instruction leading to licensure as a registered professional nurse. If
10       all scholarships authorized to be awarded under this section to nursing
11       students whose sponsors are located in rural areas have not been awarded
12       by a date established by the state board of regents, the scholarships which
13       have not been awarded by that date may be awarded to nursing students
14       who have a sponsor and who are otherwise qualified to be awarded a
15       scholarship under the nursing student service scholarship program. The
16       determination of the individuals qualified for such scholarships shall be
17       made by the executive officer after seeking advice from the committee.
18       Within each scholarship category prescribed by this subsection, scholar-
19       ships shall be awarded on a priority basis to qualified applicants who have
20       the greatest financial need for such scholarships. To the extent practicable
21       and consistent with the other provisions of this section, consideration shall
22       be given to minority applicants.
23             (b) Scholarships awarded under the nursing student service scholar-
24       ship program shall be awarded for the length of the course of instruction
25       leading to licensure as a licensed professional nurse or licensure as a
26       licensed practical nurse in which the student is enrolled in or admitted
27       to unless otherwise terminated before the expiration of such period of
28       time. Such scholarships shall provide to the a nursing student receiving
29       the scholarship the payment of tuition, fees, books, room and board in
30       an amount to not exceed the total of $3,500 annually (1) if the nursing
31       student is enrolled in a school of nursing operated by a state educational
32       institution, an amount not to exceed 70% of the cost of attendance for an
33       academic year at the school of nursing in which the nursing student is
34       enrolled or (2) if the nursing student is enrolled in a school of nursing not
35       operated by a state educational institution, the lesser of (A) an amount
36       not to exceed 70% of the cost of attendance for a year at the school of
37       nursing in which the nursing student is enrolled or (B) an amount not to
38       exceed 70% of the average amount of the cost of attendance for a year at
39       the schools of nursing operated by the state educational institutions. The
40       amount of each scholarship shall be established annually by the executive
41       officer and shall be financed equally by the sponsor of the nursing student
42       and by the state of Kansas except that if the sponsor is located in a rural
43       area or is a health care facility which has less than 100 beds, the total


14

  1       amount of the scholarship financed by such sponsor shall not exceed
  2       $1,000 and the balance of such amount shall be paid by the state of
  3       Kansas.
  4             Sec.  13. K.S.A. 74-3294 is hereby amended to read as follows: 74-
  5       3294. (a) An applicant for a scholarship under the nursing student service
  6       scholarship program shall provide to the executive officer, on forms sup-
  7       plied by the executive officer, the following information:
  8             (1) The name and address of the applicant;
  9             (2) the name and address of the school of nursing in which the ap-
10       plicant is enrolled in or to which the applicant has been admitted;
11             (3) the name and address of the sponsor of the applicant and a ver-
12       ified copy of the agreement entered into by the applicant and the sponsor
13       in accordance with the provisions of this act the nursing service scholar-
14       ship program; and
15             (4) any additional information which may be required by the execu-
16       tive officer.
17             (b) As a condition to awarding a scholarship under this act the nursing
18       service scholarship program, the executive officer and the applicant for
19       a scholarship shall enter into an agreement which shall require that the
20       scholarship recipient:
21             (1) Complete the required course of instruction and attain licensure
22       with the Kansas state board of nursing as a licensed professional nurse or
23       a licensed practical nurse;
24             (2) engage in the full-time practice of nursing, or the equivalent to
25       full-time practice as specified by rules and regulations of the state board
26       of regents adopted in accordance with the provisions of K.S.A. 74-3297
27       and amendments thereto, in the employment of the sponsor in accord-
28       ance with the agreement entered into by the scholarship recipient and
29       the sponsor and comply with such other terms and conditions as may be
30       specified by such agreement; continue such full-time practice, or the
31       equivalent to full-time practice, for the total amount of time required
32       under the agreement, which shall be for a period of not less than the length
33       of the course of instruction for which scholarship assistance was provided,
34       or engage in the part-time practice of nursing in the employment of the
35       sponsor in accordance with the agreement entered into by the scholarship
36       recipient and the sponsor and continue such part-time practice for the
37       total amount of time required under the agreement, which shall be for a
38       period of time that is equivalent to full time, as determined by the state
39       board of regents, multiplied by the length of the course of instruction for
40       which scholarship assistance was provided;
41             (3) commence the full-time practice of nursing, or the equivalent to
42       full-time practice as specified by rules and regulations of the state board
43       of regents adopted in accordance with the provisions of K.S.A. 74-3297


15

  1       and amendments thereto, or the part-time practice of nursing, within six
  2       months after registration in accordance with the agreement entered into
  3       by the scholarship recipient and the sponsor and, continue such full-time
  4       practice, or equivalent to full-time practice, for the total amount of time
  5       required under the agreement, which shall be for a period of not less
  6       than the length of the course of instruction for which the scholarship
  7       assistance was provided and comply with such other terms and conditions
  8       as may be specified by such agreement;
  9             (4) maintain records and make reports to the executive officer as may
10       be required by the executive officer to document the satisfaction of the
11       obligations under this act the nursing service scholarship program and
12       under agreements entered into with the sponsor; and
13             (5) upon failure to satisfy an agreement to engage in the full-time
14       practice of nursing, or the equivalent to full-time practice as specified by
15       rules and regulations of the state board of regents adopted in accordance
16       with the provisions of K.S.A. 74-3297 and amendments thereto, or the
17       part-time practice of nursing, for the required period of time under any
18       such agreement, repay to the state and to the sponsor amounts as pro-
19       vided in K.S.A. 74-3295, and amendments thereto.
20             (c) Upon the awarding of a scholarship under the nursing student
21       service scholarship program, the sponsor shall pay to the executive officer
22       the amount of such scholarship to be financed by the sponsor. Each such
23       amount shall be deposited in the nursing student service scholarship pro-
24       gram fund in accordance with K.S.A. 74-3298, and amendments thereto.
25             (d) The sponsorship by a scholarship recipient may be transferred
26       from one sponsor to another upon the agreement of the original sponsor,
27       the scholarship recipient and the sponsor to which the sponsorship is to
28       be transferred. The terms, conditions and obligations of the transferred
29       agreement shall be substantially similar to the terms, conditions and ob-
30       ligations of the original agreement. No sponsorship shall be transferred
31       unless the agreement transferring such sponsorship provides for service
32       in a rural area and is approved by the executive officer as consistent with
33       the provisions of the nursing student service scholarship program and as
34       consistent with any rules and regulations relating thereto adopted by the
35       state board of regents in accordance with the provisions of K.S.A. 74-
36       3297, and amendments thereto.
37             Sec.  14. K.S.A. 1999 Supp. 74-3295 is hereby amended to read as
38       follows: 74-3295. (a) Except as provided in K.S.A. 74-3296, and amend-
39       ments thereto, upon the failure of any person to satisfy the obligation
40       under any agreement entered into pursuant to the nursing student service
41       scholarship program, such person shall pay to the executive officer an
42       amount equal to the total amount of money received by such person
43       pursuant to such agreement which was financed by the state of Kansas


16

  1       plus annual accrued interest at a rate of 15% which is equivalent to the
  2       interest rate applicable to loans made under the federal PLUS program
  3       at the time such person first entered into an agreement plus two five
  4       percentage points and shall pay to the sponsor an amount equal to the
  5       total amount of money received by such person pursuant to such agree-
  6       ment which was financed by the sponsor plus annual accrued interest at
  7       a rate of 15% which is equivalent to the interest rate applicable to loans
  8       made under the federal PLUS program at the time such person first en-
  9       tered into an agreement plus two five percentage points. Installment pay-
10       ments of any such amounts may be made in accordance with the provi-
11       sions of agreements entered into by the scholarship recipient and the
12       sponsor or if no such provisions exist in such agreements, in accordance
13       with rules and regulations of the state board of regents, except that such
14       installment payments shall commence six months after the date of the
15       action or circumstances that cause the failure of the person to satisfy the
16       obligations of such agreements, as determined by the executive officer
17       based upon the circumstances of each individual case. Amounts paid un-
18       der this section to the executive officer shall be deposited in the nursing
19       student service scholarship repayment fund in accordance with K.S.A. 74-
20       3298, and amendments thereto.
21             (b) The state board of regents is authorized to turn any repayment
22       account arising under the nursing service scholarship program over to a
23       designated loan servicer or collection agency, the state not being involved
24       other than to receive payments from the loan servicer or collection agency
25       at the interest rate prescribed under this section.
26             Sec.  15. K.S.A. 1999 Supp. 74-3296 is hereby amended to read as
27       follows: 74-3296. (a) Except as otherwise specified in the agreement with
28       the sponsor, an obligation under any agreement entered into under the
29       nursing student scholarship program shall be postponed: (1) During any
30       required period of active military service; (2) during any period of service
31       as a part of volunteers in service to America (VISTA); (3) during any
32       period of service in the peace corps; (4) during any period of service
33       commitment to the United States public health service; (5) during any
34       period of religious missionary work conducted by an organization exempt
35       from tax under subsection (c) of section 501(c)(3) of the federal internal
36       revenue code of 1986 as in effect on January 1, 1989 December 31, 1999;
37       (6) during any period of temporary medical disability during which time
38       the person obligated is unable because of such temporary medical disa-
39       bility to practice professional nursing; or (7) during any period of time
40       the person obligated is enrolled and actively engaged on a full-time basis
41       in a course of study leading to a degree in the field of nursing which is
42       higher than that attained formerly by the person obligated; (8) during
43       any period of time the person obligated is on job-protected leave under


17

  1       the federal family and medical leave act of 1993; or (9) during any period
  2       of time the state board of regents determines that the person obligated is
  3       unable because of special circumstances to practice nursing. Except for
  4       clause clauses (6) of this subsection (a), (8) and (9), an obligation under
  5       any agreement entered into under as provided in the nursing student
  6       service scholarship program shall not be postponed more than five years
  7       from the time the obligation was to have been commenced under any
  8       such agreement. An obligation under any agreement under entered into
  9       as provided in the nursing student service scholarship program shall be
10       postponed under clause (6) of this subsection (a) during the period of
11       time the medical disability exists. An obligation under any agreement
12       entered into as provided in the nursing service scholarship program shall
13       be postponed under clause (8) during the period of time the person obli-
14       gated remains on FMLA leave. An obligation under any agreement en-
15       tered into as provided in the nursing service scholarship program shall
16       be postponed under clause (9) during the period of time the state board
17       of regents determines that the special circumstances exist. The state board
18       of regents shall adopt rules and regulations prescribing criteria or guide-
19       lines for determination of the existence of special circumstances causing
20       an inability to satisfy an obligation under any agreement entered into as
21       provided in the nursing service scholarship program, and shall determine
22       the documentation required to prove the existence of such circumstances.
23       Except for clause clauses (1) or clause, (6) of this subsection (a), (8) and
24       (9), an obligation under any agreement entered into under as provided
25       in the nursing service scholarship program shall not be postponed unless
26       the postponement is approved by the sponsor or is otherwise provided
27       for in the agreement with the sponsor.
28             (b) An obligation under any agreement under entered into as pro-
29       vided in the nursing student service scholarship program shall be satisfied:
30       (1) If the obligation in accordance with an agreement under the nursing
31       student scholarship program has been completed in accordance with the
32       agreement; (2) if the person obligated dies; (3) if, because of permanent
33       physical disability, the person obligated is unable to satisfy the obligation;
34       (4) if the person obligated fails to satisfy the requirements for graduation
35       from the school of nursing after making the best effort possible to do so;
36       (5) if the person obligated fails to satisfy all requirements for a permanent
37       license to practice nursing in Kansas or has been denied a license after
38       applying for a license and making the best effort possible to obtain such
39       license; (6) if, because of bankruptcy, loss of licensure or certification or
40       other failure in the operations of the sponsor, the sponsor cannot or will
41       not employ the person obligated; or (7) if the sponsor releases the person
42       obligated from employment with the sponsor and the person obligated
43       otherwise completes the terms, conditions and obligations of the agree-


18

  1       ment under the nursing student scholarship program by engaging in the
  2       practice of nursing in Kansas.
  3             Sec.  16. K.S.A. 74-3297 is hereby amended to read as follows: 74-
  4       3297. The state board of regents, after consultation with the committee,
  5       may adopt rules and regulations establishing minimum terms, conditions
  6       and obligations which shall be incorporated into the provisions of any
  7       agreement entered into between a sponsor and the recipient of a schol-
  8       arship under the nursing student service scholarship program. The terms,
  9       conditions and obligations shall be consistent with the provisions of law
10       relating to the nursing student service scholarship program. The terms,
11       conditions and obligations so established shall include, but not be limited
12       to, the terms of eligibility for financial assistance under the nursing stu-
13       dent service scholarship program, the amount of financial assistance to
14       be offered, the length of employment with the sponsor required as a
15       condition to the receipt of such financial assistance, the circumstances
16       under which such the employment obligation may be discharged or for-
17       given, the amount of money required to be repaid because of failure to
18       satisfy the obligations under an agreement and the method of repayment
19       and such other additional provisions as may be necessary to carry out the
20       provisions of the nursing student service scholarship program. The state
21       board of regents, after consultation with the committee, shall adopt rules
22       and regulations establishing criteria for evaluating the financial need of
23       applicants for scholarships and may adopt such other rules and regulations
24       as may be necessary to administer the nursing student service scholarship
25       program.
26             Sec.  17. K.S.A. 1999 Supp. 74-3298 is hereby amended to read as
27       follows: 74-3298. (a) There is hereby created in the state treasury the
28       nursing student service scholarship program fund. The executive officer
29       shall remit all moneys received from sponsors, which are paid under
30       K.S.A. 74-3294, and amendments thereto, pursuant to scholarship
31       awards, or from a school of nursing, which are paid because of nonat-
32       tendance or discontinued attendance by scholarship recipients and which
33       are attributable to sponsors, under the nursing student scholarship pro-
34       gram to the state treasurer at least monthly. Upon receipt of each such
35       remittance, the state treasurer shall deposit the entire amount thereof in
36       the state treasury and such amount shall be credited to the nursing stu-
37       dent service scholarship program fund. All expenditures from the nursing
38       student service scholarship program fund shall be for scholarships
39       awarded under the nursing student service scholarship program or re-
40       funds to sponsors and shall be made in accordance with appropriation
41       acts upon warrants of the director of accounts and reports issued pursuant
42       to vouchers approved by the executive officer or by a person designated
43       by the executive officer.


19

  1             (b) There is hereby created in the state treasury The nursing student
  2       scholarship discontinued attendance fund. The executive officer shall re-
  3       mit all moneys received under the nursing student scholarship program
  4       from a school of nursing, which are paid because of nonattendance or
  5       discontinued attendance by scholarship recipients and which are attrib-
  6       utable to sources other than sponsors, to the state treasurer at least
  7       monthly. Upon receipt of each such remittance the state treasurer shall
  8       deposit the entire amount thereof in the state treasury, and such amount
  9       shall be credited to the nursing student scholarship discontinued attend-
10       ance fund. All expenditures from the nursing student scholarship discon-
11       tinued attendance fund shall be for scholarships awarded under the nurs-
12       ing student scholarship program and shall be made in accordance with
13       appropriation acts upon warrants of the director of accounts and reports
14       issued pursuant to vouchers approved by the executive officer or by a
15       person designated by the executive officer is hereby abolished. On the
16       effective date of this act, the director of accounts and reports shall transfer
17       all moneys remaining in the nursing student scholarship discontinued
18       attendance fund to the nursing service scholarship program fund.
19             (c) There is hereby created in the state treasury the nursing student
20       service scholarship repayment fund. The executive officer shall remit all
21       moneys received for amounts paid under K.S.A. 74-3295, and amend-
22       ments thereto, to the state treasurer at least monthly. Upon receipt of
23       each such remittance the state treasurer shall deposit the entire amount
24       thereof in the state treasury, and such amount shall be credited to the
25       nursing student service scholarship repayment fund. All expenditures
26       from the nursing student service scholarship repayment fund shall be for
27       scholarships awarded under the nursing student service scholarship pro-
28       gram and shall be made in accordance with appropriation acts upon war-
29       rants of the director of accounts and reports issued pursuant to vouchers
30       approved by the executive officer or by a person designated by the ex-
31       ecutive officer.
32             Sec.  18. K.S.A. 74-3299 is hereby amended to read as follows: 74-
33       3299. (a) There is hereby created the nursing service scholarship review
34       committee which shall consist of the following members appointed by
35       the governor: One member representing Kansas hospitals; one member
36       representing Kansas adult care homes; one member representing Kansas
37       registered nurses; one member representing nursing education programs
38       other than at a college or university under the control and supervision of
39       the state board of regents state educational institution; and the chief ex-
40       ecutive officer of a college or university under the control and supervision
41       of the state board of regents state educational institution which college
42       or university has a school of nursing.
43             (b) The members of the nursing service scholarship review commit-


20

  1       tee appointed by the governor shall be appointed for three-year terms
  2       and shall serve until their successors are appointed and qualified. Upon
  3       the vacancy of a position on the committee appointed by the governor,
  4       the governor shall appoint a person of like qualifications to fill such po-
  5       sition. If a vacancy occurs prior to the expiration of a term, the governor
  6       shall appoint a person of like qualifications to fill such position for the
  7       unexpired term.
  8             (c) The nursing service scholarship review committee shall elect an-
  9       nually from among its members a chairperson. The committee shall meet
10       on the call of the chairperson or upon the request of a majority of the
11       members of the committee. A majority of the members of the committee
12       shall constitute a quorum.
13             (d) The nursing service scholarship review committee shall provide
14       oversight of the nursing student service scholarship program and shall be
15       advisory to the executive officer and the state board of regents in the
16       administration of such program. The committee shall exercise such other
17       powers and duties as may be specified by law.
18             (e) The executive officer and other office staff of the state board of
19       regents shall provide staff assistance to the nursing service scholarship
20       review committee.
21             (f) The members of the nursing service scholarship review committee
22       who are not state officers or employees and who are attending meetings
23       of such committee, or attending a subcommittee meeting thereof au-
24       thorized by such committee, shall be paid eligible for amounts provided
25       in subsection (e) of K.S.A. 75-3223, and amendments thereto. Amounts
26       paid under this subsection (f) shall be from appropriations to the state
27       board of regents upon warrants of the director of accounts and reports
28       issued pursuant to vouchers approved by the executive officer or a person
29       designated by the executive officer.
30             Sec.  19. K.S.A. 74-32,100 is hereby amended to read as follows: 74-
31       32,100. This act shall be known and may be cited as the teacher service
32       scholarship program.
33             Sec.  20. K.S.A. 74-32,101 is hereby amended to read as follows: 74-
34       32,101. As used in this act:
35             (a) ``Executive officer'' means the executive officer of the state board
36       of regents appointed under K.S.A. 74-3203, and amendments thereto;
37             (b) ``qualified student'' means a person who: (1) Is a resident of the
38       state of Kansas; (2) has been accepted for admission to or is enrolled full
39       time in a course of instruction leading to certification in a hard-to-fill
40       teaching discipline as a teacher; and (3) has qualified for the award of a
41       scholarship under the teacher service scholarship program on the basis
42       of having demonstrated scholastic ability, or who has previously so qual-
43       ified and remains qualified for renewal of the scholarship on the basis of


21

  1       remaining in good standing and making satisfactory progress toward com-
  2       pletion of the requirements of the course of instruction in which enrolled;
  3             (c) ``hard-to-fill teaching discipline'' means a teaching discipline in
  4       which there is a critical shortage of teachers as determined and specified
  5       by the state board of education.;
  6             (d) ``underserved area'' means a geographical area of the state in
  7       which there is a critical shortage of teachers as determined and specified
  8       by the state board of education.
  9             Sec.  21. K.S.A. 74-32,102 is hereby amended to read as follows: 74-
10       32,102. (a) There is hereby established the teacher service scholarship
11       program. A scholarship may be awarded under the teacher service schol-
12       arship program to any qualified student and may be renewed for each
13       such student who remains qualified for the scholarship. The number of
14       new scholarships awarded under the program in each year shall not ex-
15       ceed 50. Determination of the students qualified for such scholarships
16       shall be made by the executive officer. Scholastic ability shall be deter-
17       mined on the basis of any one or more of the following: (1) High ACT or
18       SAT score; (2) rank in high school graduation class; (3) cumulative high
19       school or college grade point average; or (4) any other indicator of scho-
20       lastic ability which the state board of regents determines to be demon-
21       strative of potential for successful completion of a course of instruction
22       leading to certification in a hard-to-fill teaching discipline as a teacher.
23       To the extent practicable and consistent with qualification factors, con-
24       sideration shall be given to students who are members of ethnic minority
25       groups.
26             (b) A scholarship awarded under the program shall provide for pay-
27       ment to a qualified student of a stipend in the amount of $5,000 (1) an
28       amount not to exceed 70% of the cost of attendance for an academic year
29       at the teacher education school in which the qualified student is enrolled
30       if such teacher education school is maintained by a state educational in-
31       stitution or (2) an amount not to exceed 70% of the average amount of
32       the cost of attendance for an academic year at the teacher education
33       schools maintained by the state educational institutions if the teacher ed-
34       ucation school in which the qualified student is enrolled is not a state
35       educational institution. A qualified student may be awarded a scholarship
36       for not more than four academic years of undergraduate study, except
37       that a qualified student who is enrolled full time in a course of instruction
38       leading to certification in a hard-to-fill teaching discipline for which grad-
39       uate study is required may be awarded a scholarship for the duration of
40       the course of instruction.
41             Sec.  22. K.S.A. 74-32,103 is hereby amended to read as follows: 74-
42       32,103. (a) An applicant for designation as a qualified student and for the
43       award of a scholarship under the teacher service scholarship program shall


22

  1       provide to the executive officer, on forms supplied by the executive of-
  2       ficer, information required by the executive officer.
  3             (b) As a condition to awarding a scholarship under this act, the ex-
  4       ecutive officer and the applicant shall enter into an agreement which shall
  5       require the applicant to:
  6             (1) Complete the required course of instruction leading to certifica-
  7       tion in a hard-to-fill teaching discipline as a teacher;
  8             (2) engage in teaching in Kansas in an underserved area or in a hard-
  9       to-fill teaching discipline in Kansas and comply with such other terms and
10       conditions as may be specified by such agreement;
11             (3) commence teaching on a full-time basis in a hard-to-fill teaching
12       discipline in Kansas in an accredited public or private elementary or sec-
13       ondary school in accordance with the agreement, which shall be and con-
14       tinue teaching on a full-time basis for a period of not less than the length
15       of the course of instruction for which the scholarship was awarded or
16       commence teaching on a part-time basis in Kansas in an accredited public
17       or private elementary or secondary school in accordance with the agree-
18       ment and continue teaching on such a part-time basis for a period of time
19       that is equivalent to full time, as determined by the state board of regents,
20       multiplied by the length of the course of instruction for which the schol-
21       arship was awarded;
22             (4) commence teaching in Kansas on a full-time or part-time basis
23       within six months after certification and continue teaching for the period
24       of time required by the agreement;
25             (4) (5) maintain records and make reports to the executive officer as
26       required by the executive officer to document the satisfaction of the ob-
27       ligations under this act and the agreement; and
28             (5) (6) upon failure to satisfy an agreement to engage in teaching in
29       an underserved area or in a hard-to-fill teaching discipline for the re-
30       quired period of time under any such agreement, repay to the state
31       amounts as provided in K.S.A. 74-32,104, and amendments thereto.
32             Sec.  23. K.S.A. 1999 Supp. 74-32,104 is hereby amended to read as
33       follows: 74-32,104. (a) Except as provided in K.S.A. 74-32,105, and
34       amendments thereto, upon the failure of any person to satisfy the obli-
35       gation under any agreement entered into pursuant to the teacher service
36       scholarship program, such person shall pay to the executive officer an
37       amount equal to the total amount of money received by such person
38       pursuant to such agreement plus annual accrued interest at a rate of 15%,
39       which is equivalent to the interest rate applicable to loans made under
40       the federal PLUS program at the time such person first entered into an
41       agreement plus two five percentage points. Amounts of payment under
42       this section shall be adjusted proportionately for full years of the obliga-
43       tion that have been satisfied. Installment payments of any such amounts


23

  1       may be made in accordance with the provisions of the agreement entered
  2       into by the scholarship recipient or if no such provisions exist in such
  3       agreement, in accordance with rules and regulations of the state board of
  4       regents, except that such installment payments shall commence six
  5       months after the date of the action or circumstances that cause the failure
  6       of the person to satisfy the obligations of such agreements, as determined
  7       by the executive officer based upon the circumstances of each individual
  8       case. Amounts paid under this section to the executive officer shall be
  9       deposited in the teacher service scholarship repayment fund in accord-
10       ance with K.S.A. 74-32,107, and amendments thereto.
11             (b) The state board of regents is authorized to turn any repayment
12       account arising under the teacher service scholarship program over to a
13       designated loan servicer or collection agency, the state not being involved
14       other than to receive payments from the loan servicer or collection agency
15       at the interest rate prescribed under this section.
16             Sec.  24. K.S.A. 74-32,105 is hereby amended to read as follows: 74-
17       32,105. (a) Except as otherwise specified in the agreement, an obligation
18       under any agreement entered into under the teacher service scholarship
19       program shall be postponed: (1) During any required period of active
20       military service; (2) during any period of service as a part of volunteers
21       in service to America (VISTA); (3) during any period of service in the
22       peace corps; (4) during any period of service commitment to the United
23       States public health service; (5) during any period of religious missionary
24       work conducted by an organization exempt from tax under section
25       501(c)(3) of the federal internal revenue code as in effect on December
26       31, 1999; (2) (6) during any period of temporary medical disability during
27       which time the person obligated is unable because of such temporary
28       medical disability to teach a hard-to-fill teaching discipline; or (3) (7)
29       during any period of time the person obligated is enrolled and actively
30       engaged on a full-time basis in a course of study leading to a degree in
31       the field of education as a hard-to-fill teaching discipline which is higher
32       than that formerly attained formerly by the person obligated; (8) during
33       any period of time the person obligated is on job-protected leave under
34       the federal family and medical leave act of 1993; or (9) during any period
35       of time the state board of regents determines that the person obligated is
36       unable because of special circumstances to teach. Except for clause (2) of
37       this subsection (a) clauses (6), (8) and (9), an obligation under any agree-
38       ment entered into under as provided in the teacher service scholarship
39       program shall not be postponed more than five years from the time the
40       obligation was to have been commenced under any such agreement. An
41       obligation under any agreement under entered into as provided in the
42       teacher service scholarship program shall be postponed under clause (2)
43       of this subsection (a) (6) during the period of time the medical disability


24

  1       exists. Except for clause (1) or clause (2) of this subsection (a), An obli-
  2       gation under any agreement entered into under as provided in the teacher
  3       service scholarship program shall not be postponed unless the postpone-
  4       ment is provided for in the agreement under clause (8) during the period
  5       of time the person obligated remains on FMLA leave. An obligation to
  6       engage in teaching in accordance with an agreement under the teacher
  7       service scholarship program shall be postponed under clause (9) during
  8       the period of time the state board of regents determines that the special
  9       circumstances exist. The state board of regents shall adopt rules and reg-
10       ulations prescribing criteria or guidelines for determination of the exis-
11       tence of special circumstances causing an inability to teach, and shall
12       determine the documentation required to prove the existence of such
13       circumstances.
14             (b) An obligation under any agreement under entered into as pro-
15       vided in the teacher service scholarship program shall be satisfied: (1) If
16       the obligation in accordance with an agreement under the scholarship
17       program has been completed in accordance with the agreement; (2) if the
18       person obligated dies; (3) if, because of permanent physical disability, the
19       person obligated is unable to satisfy the obligation; or (4) if the person
20       obligated fails to satisfy all the requirements to enable the recipient to
21       teach a hard-to-fill teaching discipline for a graduation from a teacher
22       education program after making the best effort possible; (5) if the person
23       obligated fails to satisfy all requirements for certification to teach in Kan-
24       sas or has been denied certification after applying for a certificate to teach
25       and making the best effort possible to obtain such certificate; or (6) if the
26       person obligated is unable to obtain employment as a teacher in an un-
27       derserved area or in a hard-to-fill teaching discipline after making the
28       best effort possible to obtain such employment and the person obligated
29       otherwise completes the terms, conditions and obligations of the
30       agreement.
31             Sec.  25. K.S.A. 74-32,106 is hereby amended to read as follows: 74-
32       32,106. The state board of regents shall adopt rules and regulations for
33       administration of the teacher service scholarship program and shall es-
34       tablish terms, conditions and obligations which shall be incorporated into
35       the provisions of any agreement entered into between the executive of-
36       ficer and an applicant for the award of a scholarship under the program.
37       The terms, conditions and obligations shall be consistent with the provi-
38       sions of law relating to the program and shall include, but not be limited
39       to, the circumstances under which eligibility for financial assistance under
40       the program may be terminated, the amount of financial assistance to be
41       provided, the circumstances under which obligations may be discharged
42       or forgiven, the amount of money required to be repaid because of failure
43       to satisfy the obligations under an agreement and the method of


25

  1       repayment.
  2             Sec.  26. K.S.A. 1999 Supp. 74-32,107 is hereby amended to read as
  3       follows: 74-32,107. (a) There is hereby created in the state treasury the
  4       teacher service scholarship program fund. The executive officer shall re-
  5       mit all moneys received under the teacher service scholarship program,
  6       which are paid because of nonattendance or discontinuance by scholar-
  7       ship recipients, to the state treasurer at least monthly. Upon receipt of
  8       each such remittance the state treasurer shall deposit the entire amount
  9       thereof in the state treasury, and such amount shall be credited to the
10       teacher service scholarship program fund. All expenditures from the
11       teacher service scholarship program fund shall be for scholarships
12       awarded under the teacher service scholarship program and shall be made
13       in accordance with appropriation acts upon warrants of the director of
14       accounts and reports issued pursuant to vouchers approved by the exec-
15       utive officer or by a person designated by the executive officer.
16             (b) There is hereby created in the state treasury the teacher service
17       scholarship repayment fund. The executive officer shall remit all moneys
18       received under the teacher service scholarship program, which are for
19       payment of amounts pursuant to K.S.A. 74-32,104, and amendments
20       thereto, to the state treasurer at least monthly. Upon receipt of each such
21       remittance the state treasurer shall deposit the entire amount thereof in
22       the state treasury, and such amount shall be credited to the teacher serv-
23       ice scholarship repayment fund. All expenditures from the teacher service
24       scholarship repayment fund shall be for scholarships awarded under the
25       teacher service scholarship program and shall be made in accordance with
26       appropriation acts upon warrants of the director of accounts and reports
27       issued pursuant to vouchers approved by the executive officer or by a
28       person designated by the executive officer.
29             Sec.  27. K.S.A. 1999 Supp. 74-32,114 is hereby amended to read as
30       follows: 74-32,114. (a) A fellowship may be awarded under the Kansas
31       ethnic minority fellowship program to any qualified ethnic minority grad-
32       uate student and may be renewed for each such student who remains
33       qualified for the fellowship. Subject to appropriations therefor, the num-
34       ber of new fellowships awarded under the program in each year shall not
35       exceed 40. Determination of the graduate students qualified for such
36       fellowships shall be made by the executive officer in consultation with the
37       chief academic officers of the state educational institutions. The state
38       board of regents shall establish, by rules and regulations, indicators of
39       scholastic ability for determination of the qualifications of ethnic minority
40       graduate students for the award of fellowships under the program.
41             (b) A fellowship awarded under the program shall provide for pay-
42       ment to a qualified ethnic minority graduate student of a stipend in the
43       an amount of $8,000 not to exceed the amount of the cost of attendance


26

  1       for an academic year at the state educational institution in which the
  2       graduate student is enrolled. Such stipends may be enhanced by the state
  3       educational institutions. A qualified ethnic minority graduate student may
  4       be awarded a fellowship in each academic year until the requirements of
  5       the graduate program in which the student is enrolled are completed.
  6             Sec.  28. K.S.A. 1999 Supp. 74-32,115 is hereby amended to read as
  7       follows: 74-32,115. (a) An applicant for designation as a qualified ethnic
  8       minority graduate student and for the award of a fellowship under the
  9       Kansas ethnic minority fellowship program shall provide such information
10       to the executive officer as the executive officer may require.
11             (b) As a condition to awarding a fellowship under this act, the exec-
12       utive officer and the applicant shall enter into an agreement which shall
13       require the applicant to:
14             (1) Complete the requirements of the graduate program in which
15       enrolled;
16             (2) enter into the employ full-time employment in Kansas of an ac-
17       credited educational elementary or secondary school or an accredited
18       institution in Kansas of postsecondary education and continue in such
19       employment for a period of time not less than the period for which fi-
20       nancial assistance was provided under the program or enter into the part-
21       time employment in Kansas of an accredited elementary or secondary
22       school or an accredited institution of postsecondary education and con-
23       tinue in such employment for a period of time that is equivalent to full
24       time, as determined by the state board of regents, multiplied by the period
25       for which financial assistance was provided under the program;
26             (3) enter into the full-time or part-time employment in Kansas of an
27       accredited elementary or secondary school or an accredited institution of
28       postsecondary education within six months after completion of the
29       requirements of the graduate program in which enrolled or within six
30       months after completion of the requirements of such program and certi-
31       fication to teach if necessary, whichever is later, and continue such em-
32       ployment for the period of time required by the agreement;
33             (3) (4) maintain records and make reports to the executive officer as
34       required by the executive officer to document the satisfaction of the ob-
35       ligations under this act and the agreement; and
36             (4) (5) upon failure to satisfy any obligation under this act or the
37       agreement, repay to the state amounts as provided in K.S.A. 1999 Supp.
38       74-32,116, and amendments thereto.
39             Sec.  29. K.S.A. 1999 Supp. 74-32,116 is hereby amended to read as
40       follows: 74-32,116. (a) Except as provided in K.S.A. 1999 Supp. 74-
41       32,117, and amendments thereto, upon the failure of a person to satisfy
42       any obligation under an agreement entered into pursuant to in accordance
43       with the Kansas ethnic minority fellowship program, such person shall


27

  1       pay to the executive officer an amount equal to the total amount of money
  2       received by such person pursuant to such agreement plus annual accrued
  3       interest from the date such money was received at a rate of 15%, which
  4       is equivalent to the interest rate applicable to loans made under the federal
  5       PLUS program at the time such person first entered into an agreement
  6       plus two five percentage points. Amounts of payment under this section
  7       shall be adjusted proportionately for full years of performance of the
  8       obligations that have been satisfied. Installment payments of any such
  9       amounts may be made in accordance with the provisions of the agreement
10       entered into by the fellowship recipient or if no such provisions exist in
11       such agreement, in accordance with rules and regulations of the state
12       board of regents, except that such installment payments shall commence
13       six months after the date of the action or circumstances that cause the
14       failure of the person to satisfy the obligations of such agreements, as
15       determined by the executive officer based upon the circumstances of each
16       individual case. Amounts paid under this section to the executive officer
17       shall be deposited in the Kansas ethnic minority fellowship program fund
18       in accordance with K.S.A. 1999 Supp. 74-32,119, and amendments
19       thereto.
20             (b) The state board of regents is authorized to turn any repayment
21       account arising under the Kansas ethnic minority fellowship program over
22       to a designated loan servicer or collection agency, the state not being
23       involved other than to receive payments from the loan servicer or collec-
24       tion agency at the interest rate prescribed under this section.
25             Sec.  30. K.S.A. 1999 Supp. 74-32,117 is hereby amended to read as
26       follows: 74-32,117. (a) Except as otherwise specified in the agreement,
27       an obligation under any agreement entered into under in accordance with
28       the Kansas ethnic minority fellowship program shall be postponed: (1)
29       During any required period of active military service; (2) during any pe-
30       riod of service as a part of volunteers in service to America (VISTA); (3)
31       during any period of service in the peace corps; (4) during any period of
32       service commitment to the United States public health service; (5) during
33       any period of religious missionary work conducted by an organization
34       exempt from tax under section 501(c)(3) of the federal internal revenue
35       code as in effect on December 31, 1999; (2) (6) during any period of
36       temporary medical disability time in which the person obligated is unable
37       because of such temporary medical disability to commence or continue
38       performance in satisfaction of the obligation; or (3) (7) during any period
39       of time the person obligated is enrolled and actively engaged on a full-
40       time basis in a graduate program leading to a degree which is higher than
41       that formerly attained formerly by the person obligated; (8) during any
42       period of time the person obligated is on job-protected leave under the
43       federal family and medical leave act of 1993; or (9) during any period of


28

  1       time the state board of regents determines that the person obligated is
  2       unable because of special circumstances to commence or continue per-
  3       formance in satisfaction of the obligation. Except for clause (2) of this
  4       subsection (a) clauses (6), (8) and (9), an obligation under any agreement
  5       entered into under in accordance with the Kansas ethnic minority fellow-
  6       ship program shall not be postponed more than five years from the time
  7       performance of the obligation was to have been commenced under any
  8       such agreement. An obligation under any agreement under entered into
  9       in accordance with the program shall be postponed under clause (2) of
10       this subsection (a) (6) during the period of time the medical disability
11       exists. Except for clause (1) or clause (2) of this subsection (a), An obli-
12       gation under any agreement entered into under in accordance with the
13       program shall not be postponed unless the postponement is provided for
14       in the agreement under clause (8) during the period of time the person
15       obligated remains on FMLA leave. An obligation to commence or continue
16       performance in satisfaction of the obligation in accordance with an agree-
17       ment under the Kansas ethnic minority fellowship program shall be post-
18       poned under clause (9) during the period of time the state board of regents
19       determines that the special circumstances exist. The state board of regents
20       shall adopt rules and regulations prescribing criteria or guidelines for
21       determination of the existence of special circumstances causing an inabil-
22       ity to commence or continue performance in satisfaction of the obligation,
23       and shall determine the documentation required to prove the existence of
24       such circumstances.
25             (b) An obligation under any agreement under entered into in accord-
26       ance with the Kansas ethnic minority fellowship program shall be satis-
27       fied: (1) If performance of the obligation in accordance with an agreement
28       entered into under the program has been completed in accordance with
29       the agreement; (2) if the person obligated dies; (3) if, because of perma-
30       nent physical disability, the person obligated is unable to satisfy the ob-
31       ligation; or (4) if the person obligated fails to satisfy all the requirements
32       to enable the person to enter into the employ of of the graduate program
33       in which enrolled after making the best effort possible; (5) if the person
34       obligated fails to satisfy all requirements for certification to teach in Kan-
35       sas, if certification is necessary to obtain employment as provided in the
36       agreement; or (6) if the person obligated is unable to obtain employment
37       in an accredited elementary or secondary school or an accredited edu-
38       cational institution of postsecondary education in Kansas and to continue
39       in such employment after making the best effort possible.
40             Sec.  31. K.S.A. 1999 Supp. 74-3256 is hereby amended to read as
41       follows: 74-3256. (a) The state board of regents shall:
42             (1) Adopt rules and regulations for the administration of this act;
43             (2) provide for enrollment without charge of tuition at each ROTC


29

  1       institution of the award of ROTC service scholarships to eligible students
  2       who qualify therefor, as determined by the selection committee, for not
  3       to exceed in any academic year a total of 40 eligible students in any
  4       academic year if the at each ROTC institution is a state educational in-
  5       stitution and if the ROTC institution is a municipal university, for not to
  6       exceed a total of 10 eligible students in the 1996-97 academic year, 20
  7       eligible students in the 1997-98 academic year, 30 eligible students in the
  8       1998-99 academic year and 40 eligible students in the 1999-2000 aca-
  9       demic year and in academic years thereafter. This provision is subject to
10       the provisions of subsection (c);
11             (3) publicize provide information regarding application procedures
12       and provide application forms;
13             (4) require any ROTC institution to promptly furnish upon request
14       any information which relates to the administration or effect of this act.
15             (b) Any If the ROTC institution at which enrollment of an eligible
16       students without charge of tuition is provided for under subsection (a)(2)
17       may file a claim with the state board of regents for reimbursement of the
18       amount of such tuition student who qualifies for an ROTC service schol-
19       arship is enrolled is a state educational institution, the scholarship shall
20       provide to the student an amount not to exceed 70% of the cost of at-
21       tendance at the institution for an academic year. If the ROTC institution
22       at which an eligible student who qualifies for an ROTC service scholarship
23       is enrolled is a municipal university, the amount of reimbursement for
24       each eligible student for whom enrollment is provided without charge of
25       tuition shall be at a rate not greater than the maximum rate of tuition
26       that would be charged by scholarship shall provide to the student an
27       amount not to exceed 70% of the average amount of the cost of attendance
28       at the state educational institutions for enrollment of the eligible student
29       an academic year. Within the limitations of appropriations therefor, the
30       state board of regents shall be responsible for payment of reimbursements
31       to ROTC institutions upon certification by each such institution of the
32       amount of reimbursement to which entitled. Payments to of ROTC in-
33       stitutions service scholarships shall be made upon pursuant to vouchers
34       approved by the state board of regents and upon warrants of the director
35       of accounts and reports. Payments may be made by issuance of a single
36       warrant to each ROTC institution at which one or more eligible students
37       are enrolled for the total amount of tuition not charged scholarships for
38       all eligible students for enrollment enrolled at that institution. The direc-
39       tor of accounts and reports shall cause such warrant to be delivered to
40       the ROTC institution at which such eligible student or students are en-
41       rolled. If an eligible student discontinues attendance before the end of
42       any academic year, after the ROTC institution has received payment un-
43       der this subsection, the institution shall pay to the state the entire amount


30

  1       which such eligible student would otherwise qualify to have refunded,
  2       not to exceed the amount of the payment made by the state in behalf of
  3       such student under the ROTC service scholarship for the academic year.
  4       All amounts paid to the state by ROTC institutions under this subsection
  5       shall be deposited in the state treasury and credited to the state general
  6       ROTC service scholarship program fund.
  7             (c) If all ROTC service scholarships authorized to be awarded to el-
  8       igible students at each ROTC institution have not been awarded by a date
  9       established by the state board of regents, the scholarships that have not
10       been awarded by that date may be awarded to eligible students at any
11       ROTC institution if such students are qualified for such scholarships as
12       determined by the appropriate selection committee. The determination to
13       award ROTC service scholarships under this subsection to eligible stu-
14       dents who are qualified for such scholarships shall be made by the state
15       board of regents after consultation with the adjutant general.
16             Sec.  32. K.S.A. 1999 Supp. 74-3257 is hereby amended to read as
17       follows: 72-3457. Every eligible student who qualifies therefor for the
18       award of an ROTC service scholarship, as determined by the appropriate
19       selection committee, may enroll annually for both the fall and spring
20       semesters, not to exceed eight semesters, in an ROTC institution without
21       charge of tuition. Once an eligible student qualifies for the benefits pro-
22       vided for under this act, such eligible student shall remain qualified for
23       not to exceed eight semesters of undergraduate study unless the appro-
24       priate selection committee determines that such eligible student is dis-
25       qualified for failure to meet any or all of the requirements imposed under
26       the provisions of this act.
27             Sec.  33. K.S.A. 1999 Supp. 74-3258 is hereby amended to read as
28       follows: 74-3258. The selection committee of each ROTC institution shall:
29             (a) Receive and register the names of all eligible students who apply
30       for the benefits provided for under this act ROTC service scholarships;
31             (b) select methods for determining which eligible students are to be
32       recipients of the benefits under this act ROTC service scholarships;
33             (c) designate and notify the eligible students selected to receive the
34       benefits provided for under this act ROTC service scholarships.
35             Sec.  34. K.S.A. 1999 Supp. 74-3259 is hereby amended to read as
36       follows: 74-3259. In order to apply for qualification for the benefits pro-
37       vided for under this act an ROTC service scholarship, an eligible student,
38       if selected to receive benefits under this act such a scholarship, shall agree
39       to:
40             (a) Maintain standards of academic excellence and other standards
41       required to remain in good standing;
42             (b) maintain minimum full-time enrollment of at least 12 credit hours
43       each semester;


31

  1             (c) participate in the reserve officers' training corps program;
  2             (d) demonstrate the qualities required in a commissioned officer;
  3             (e) immediately upon graduation from an ROTC institution, accept
  4       a commission as a second lieutenant and serve for not less than four years
  5       as a commissioned officer in the Kansas national guard.; and
  6             (f) upon failure to satisfy an agreement to serve as a commissioned
  7       officer in the Kansas national guard for the required four-year period,
  8       repay to the state amounts as provided in K.S.A. 74-3260, and amend-
  9       ments thereto.
10             Sec.  35. K.S.A. 1999 Supp. 74-3260 is hereby amended to read as
11       follows: 74-3260. (a) Upon the failure of any person, who as an eligible
12       student qualified for and received benefits provided for under this act
13       payments under an ROTC service scholarship, to remain eligible and
14       qualified or to satisfy the obligation to accept a commission and serve as
15       an officer in the Kansas national guard for the required period of time
16       under an agreement entered into pursuant to this act, such person shall
17       serve for not less than four years as an enlisted member of the Kansas
18       national guard, or pay to the state of Kansas an amount equal to the total
19       amount of benefits payments received by such person plus accrued in-
20       terest from the date such payments were received at a rate which is equiv-
21       alent to the interest rate applicable to loans made under the federal PLUS
22       program at the time such person first entered into an agreement plus two
23       five percentage points. Such payment shall commence within 30 days,
24       and be completed within five years, after the date of the act or circum-
25       stance that causes the failure of the person to remain eligible and qualified
26       or to satisfy the obligation of such agreement. Payments under this section
27       shall be installment payments and each such installment shall be not less
28       than an amount equal to 1/5 of the total amount which would be required
29       to be paid if paid in five equal annual installments. If an installment
30       payment becomes 91 days overdue, the entire amount outstanding shall
31       become immediately due and payable, including all interest at the rate
32       prescribed. Amounts paid under this section shall be deposited in the state
33       treasury and credited to the ROTC service scholarship repayment fund
34       as provided in section 36, and amendments thereto.
35             (b) The state board of regents is authorized to turn any repayment
36       account arising under the ROTC service scholarship program over to a
37       designated loan servicer or collection agency, the state not being involved
38       other than to receive payments from the loan servicer or collection agency
39       at the interest rate prescribed under this section.
40             New Sec.  36. (a) There is hereby created in the state treasury the
41       ROTC service scholarship program fund. The state board of regents shall
42       remit all moneys received under the ROTC service scholarship program,
43       which are paid because of nonattendance or discontinuance by scholar-


32

  1       ship recipients, to the state treasurer at least monthly. Upon receipt of
  2       each such remittance the state treasurer shall deposit the entire amount
  3       thereof in the state treasury, and such amount shall be credited to the
  4       ROTC service scholarship program fund. All expenditures from the
  5       ROTC service scholarship program fund shall be for ROTC service schol-
  6       arships and shall be made in accordance with appropriation acts upon
  7       warrants of the director of accounts and reports issued pursuant to vouch-
  8       ers approved by the state board of regents or by a person designated by
  9       the state board.
10             (b) There is hereby created in the state treasury the ROTC service
11       scholarship repayment fund. The state board of regents shall remit all
12       moneys received under the ROTC service scholarship program, which
13       are for payment of amounts pursuant to K.S.A. 74-3260, and amendments
14       thereto, to the state treasurer at least monthly. Upon receipt of each such
15       remittance the state treasurer shall deposit the entire amount thereof in
16       the state treasury, and such amount shall be credited to the ROTC service
17       scholarship repayment fund. All expenditures from the ROTC service
18       scholarship repayment fund shall be for scholarships awarded under the
19       ROTC service scholarship program and shall be made in accordance with
20       appropriation acts upon warrants of the director of accounts and reports
21       issued pursuant to vouchers approved by the state board of regents or by
22       a person designated by the state board.
23             New Sec.  37. (a) Except as otherwise specified in the agreement, an
24       obligation under any agreement entered into in accordance with the
25       ROTC service scholarship program shall be postponed: (1) During any
26       period of service as a part of volunteers in service to America (VISTA);
27       (2) during any period of service in the peace corps; (3) during any period
28       of service commitment to the United States public health service; (4)
29       during any period of religious missionary work conducted by an organi-
30       zation exempt from tax under section 501(c)(3) of the federal internal
31       revenue code as in effect on December 31, 1999; (5) during any period
32       of time in which the person obligated is unable because of temporary
33       medical disability to commence or continue performance in satisfaction
34       of the obligation; (6) during any period of time the person obligated is
35       enrolled and actively engaged on a full-time basis in a graduate program
36       leading to a degree which is higher than that formerly attained; (7) during
37       any period of time the person obligated is on job-protected leave under
38       the federal family and medical leave act of 1993; or (8) during any period
39       of time the state board of regents determines that the person obligated
40       is unable because of special circumstances to commence or continue per-
41       formance in satisfaction of the obligation. Except for clauses (5), (7) and
42       (8), an obligation under any agreement entered into in accordance with
43       the ROTC service scholarship program shall not be postponed more than


33

  1       five years from the time performance of the obligation was to have been
  2       commenced under any such agreement. An obligation under any agree-
  3       ment entered into in accordance with the program shall be postponed
  4       under clause (5) during the period of time the medical disability exists.
  5       An obligation under any agreement entered into in accordance with the
  6       program shall be postponed under clause (7) during the period of time
  7       the person obligated remains on FMLA leave. An obligation to commence
  8       or continue performance in satisfaction of the obligation in accordance
  9       with an agreement under the ROTC service scholarship program shall be
10       postponed under clause (8) during the period of time the state board of
11       regents determines that the special circumstances exist. The state board
12       of regents shall adopt rules and regulations prescribing criteria or guide-
13       lines for determination of the existence of special circumstances causing
14       an inability to commence or continue performance in satisfaction of the
15       obligation, and shall determine the documentation required to prove the
16       existence of such circumstances.
17             (b) An obligation under any agreement entered into in accordance
18       with the ROTC service scholarship program shall be satisfied: (1) If per-
19       formance of the obligation has been completed in accordance with the
20       agreement; (2) if the person obligated serves for not less than four years
21       as an enlisted member of the Kansas national guard; (3) if the person
22       obligated dies; (4) if, because of permanent physical disability, the person
23       obligated is unable to satisfy the obligation; (5) if the person obligated
24       fails to satisfy the requirements of the academic program in which en-
25       rolled after making the best effort possible; (6) if the person obligated
26       fails to satisfy all requirements for participation in the reserve officers'
27       training corps program after making the best effort possible; or (7) if the
28       person obligated fails to satisfy all requirements for commission as a sec-
29       ond lieutenant in the Kansas national guard after making the best effort
30       possible.
31             New Sec.  38. (a) Within the limits of appropriations for dental serv-
32       ice scholarships, and in accordance with the provisions of this section, the
33       state board of regents may award such scholarships to Kansas residents
34       who are undergraduate students enrolled in or admitted to accredited
35       schools of dentistry in a course of instruction leading to the degree of
36       doctor of dental surgery or doctor of dental medicine and who enter into
37       a written agreement with the state board of regents as provided in section
38       39, and amendments thereto.
39             (b) Dental service scholarships shall be in effect for the period of
40       time specified in subsection (c) and shall provide to the person receiving
41       the scholarship the payment of an amount not to exceed 70% of the cost
42       of attendance for one academic year at the school of dentistry in which
43       the person is enrolled.


34

  1             (c) Dental service scholarships shall be awarded on an annual basis
  2       and shall be in effect for one year unless otherwise terminated before the
  3       expiration of such period of time. A Kansas resident who is an under-
  4       graduate student enrolled in or admitted to an accredited school of den-
  5       tistry in a course of instruction leading to the degree of doctor of dental
  6       surgery or doctor of dental medicine may be awarded a scholarship for
  7       each year the student enters into a written agreement with the state board
  8       of regents as provided in section 39, and amendments thereto, up to a
  9       maximum of four years. For each year a student is awarded a scholarship,
10       the student shall engage in the practice of dentistry in Kansas for the
11       period of time specified in subsection (a)(3) of section 39, and amend-
12       ments thereto, unless such obligation is otherwise satisfied as provided in
13       section 42, and amendments thereto.
14             (d) The state board of regents shall not award more than 15 dental
15       service scholarships in any year to persons who have not previously been
16       awarded such a scholarship and, in any case, the state board shall not
17       award more than 60 such scholarships in any year. In selecting Kansas
18       residents to be awarded dental service scholarships, the state board shall
19       give primary consideration to students commencing their first year of
20       instruction at accredited schools of dentistry and thereafter shall consider
21       students in later years of instruction.
22             New Sec.  39. (a) An agreement entered into by the state board of
23       regents and a Kansas resident who is an undergraduate student enrolled
24       in or admitted to an accredited school of dentistry in a course of instruc-
25       tion leading to the degree of doctor of dental surgery or doctor of dental
26       medicine for the awarding of a dental service scholarship shall require
27       that the person receiving the scholarship:
28             (1) Complete the required course of instruction and receive the de-
29       gree of doctor of dental surgery or doctor of dental medicine;
30             (2) apply for and obtain a license to practice dentistry in Kansas;
31             (3) except as otherwise provided in subsection (c), engage in the prac-
32       tice of dentistry in Kansas on a full-time basis for a period of 12 months
33       for each year a scholarship was received or on a part-time basis for a
34       period equivalent to 12 months, as determined by the state board of
35       regents, for each year a scholarship was received;
36             (4) commence such full-time or part-time practice of dentistry within
37       six months after licensure and continue such practice in Kansas for a
38       consecutive period of months equal to the total number of months re-
39       quired under the agreement;
40             (5) agree that the service commitment for each agreement entered
41       into under this section is in addition to the service commitment contained
42       in any other agreement which has been or may be entered into under
43       this section for the purpose of obtaining scholarship aid;


35

  1             (6) maintain records and make reports to the state board of regents
  2       to document satisfaction of the obligation under such agreement to en-
  3       gage in the full-time or part-time practice of dentistry in Kansas and to
  4       continue such practice for a consecutive period of months equal to the
  5       total number of months required under the agreement; and
  6             (7) repay amounts to the state board of regents as provided in section
  7       40, and amendments thereto, upon failure to engage in full-time or part-
  8       time practice of dentistry in Kansas for the required period of time under
  9       any agreement entered into as provided in this section.
10             (b) Except as otherwise provided in subsection (c), each Kansas stu-
11       dent who enters into an agreement as provided in this section shall serve
12       the practice obligations incurred by such student under the agreement in
13       a rural area or a medically underserved area.
14             (c)  (1) A person awarded a dental service scholarship may satisfy the
15       obligation to engage in the practice of dentistry under an agreement en-
16       tered into as provided in this section, even though such person is engaged
17       in practice in an area not designated a rural area or a medically under-
18       served area, through employment on a part-time basis by a community
19       health center or employment on a part-time basis by the state of Kansas,
20       which employment has been approved by the state board of regents, for
21       the practice of dentistry at any state medical care facility or institution.
22             (2) For the purposes of this subsection, service or employment at a
23       state medical care facility or institution or a community health center on
24       a part-time basis of at least the equivalent of 1/2 time shall satisfy the
25       obligation to engage in the full-time practice of dentistry in Kansas for a
26       period of 12 months for each year a scholarship was received as provided
27       in an agreement entered into under this section.
28             (d) For the purposes of the dental service scholarship program (1)
29       ``state medical care facility or institution'' has the meaning ascribed
30       thereto in subsection (k) of K.S.A. 76-375, and amendments thereto; (2)
31       ``medically underserved area'' means a practice location designated med-
32       ically underserved by the state board of regents; and (3) ``rural area''
33       means any county of this state other than Douglas, Johnson, Sedgwick,
34       Shawnee and Wyandotte counties.
35             New Sec.  40. (a)(1) Except as otherwise provided in section 42, and
36       amendments thereto, upon the failure of any person to satisfy the obli-
37       gation to engage in the full-time or part-time practice of dentistry within
38       the state of Kansas for the required period of time under an agreement
39       entered into as provided in section 39, and amendments thereto, such
40       person shall repay to the state board of regents an amount equal to the
41       total of (1) the amount of money received by such person pursuant to
42       such agreement plus (2) accrued interest from the date such money was
43       received at a rate which is equivalent to the interest rate applicable to


36

  1       loans made under the federal PLUS program at the time such person
  2       first entered into an agreement plus two five percentage points.
  3             (b) Each person required to repay any amount under this section shall
  4       repay an amount totaling the entire amount to be repaid under all such
  5       agreements for which obligations are not satisfied, including all amounts
  6       of interest at the rate prescribed. Except as otherwise provided in this
  7       section, such repayment shall be in installment payments and each such
  8       installment shall be not less than an amount equal to the 1/5 of the total
  9       amount which would be required to be paid if repaid in five equal annual
10       installments.
11             (c) All installment payments under this section shall commence six
12       months after the date of the action or circumstance that causes the failure
13       of the person to satisfy the obligations of such agreements, as determined
14       by the state board of regents based upon the circumstances of each in-
15       dividual case. If an installment payment becomes 91 days overdue, the
16       entire amount outstanding shall become immediately due and payable,
17       including all amounts of interest at the rate prescribed.
18             (d) The total repayment obligation imposed under all agreements en-
19       tered into as provided in section 39, and amendments thereto, may be
20       satisfied at any time prior to graduation from the accredited school of
21       dentistry by making a single lump-sum payment equal to the total of (1)
22       the entire amount to be repaid under all such agreements upon failure
23       to satisfy the obligations under such agreements to practice in Kansas,
24       plus (2) all amounts of interest accrued thereon at the rate prescribed
25       under this section.
26             (e) The state board of regents is authorized to turn any repayment
27       account arising under the dental service scholarship program over to a
28       designated loan servicer or collection agency, the state not being involved
29       other than to receive payments from the loan servicer or collection agency
30       at the interest rate prescribed under this section.
31             New Sec.  41. There is hereby created in the state treasury the dental
32       service scholarship repayment fund. The state board of regents shall remit
33       all moneys received under section 40, and amendments thereto, to the
34       state treasurer at least monthly. Upon receipt of each such remittance
35       the state treasurer shall deposit the entire amount thereof in the state
36       treasury, and such amount shall be credited to the dental service schol-
37       arship repayment fund. All expenditures from the dental service schol-
38       arship repayment fund shall be for dental service scholarships and shall
39       be made in accordance with appropriation acts upon warrants of the di-
40       rector of accounts and reports issued pursuant to vouchers approved by
41       the executive officer of the state board of regents or a person designated
42       by the executive officer.
43             New Sec.  42. (a) An obligation to engage in the practice of dentistry


37

  1       in accordance with an agreement under section 39, and amendments
  2       thereto, shall be postponed: (1) During any required period of active
  3       military service; (2)  during any period of service as a part of volunteers
  4       in service to America (VISTA); (3) during any period of service in the
  5       peace corps; (4) during any period of service commitment to the United
  6       States public health service; (5) during any period of religious mission-
  7       ary work conducted by an organization exempt from tax under section
  8       501(c)(3) of the federal internal revenue code as in effect on December
  9       31, 1999; (6) during any period of time the person obligated is engaged
10       solely in the teaching of dental surgery or dental medicine; (7) during
11       any period of time the person obligated is engaged solely in dental re-
12       search; (8) during any period of time the person the person obligated
13       is unable because of temporary medical disability to practice dentistry;
14       (9) during any period of time the person obligated is on job-protected
15       leave under the federal family and medical leave act of 1993; or (10)
16       during any period of time the state board of regents determines that the
17       person obligated is unable because of special circumstances to practice
18       dentistry. Except for clauses (8), (9) and (10), an obligation to engage in
19       the practice of dentistry in accordance with an agreement under section
20       39, and amendments thereto, shall not be postponed more than five years
21       from the time the practice of dentistry was to have been commenced
22       under any such agreement. An obligation to engage in the practice of
23       dentistry in accordance with an agreement under section 39, and amend-
24       ments thereto, shall be postponed under clause (8) during the period of
25       time the medical disability exists. An obligation to engage in the practice
26       of dentistry in accordance with an agreement under section 39, and
27       amendments thereto, shall be postponed under clause (9) during the pe-
28       riod of time the person obligated remains on FMLA leave. An obligation
29       to engage in the practice of dentistry in accordance with an agreement
30       under section 39, and amendments thereto, shall be postponed under
31       clause (10) during the period of time the state board of regents deter-
32       mines that the special circumstances exist. The state board of regents
33       shall adopt rules and regulations prescribing criteria or guidelines for
34       determination of the existence of special circumstances causing an ina-
35       bility to practice dentistry, and shall determine the documentation re-
36       quired to prove the existence of such circumstances.
37             (b) An obligation to engage in the practice of dentistry in accordance
38       with an agreement under section 39, and amendments thereto, shall be
39       satisfied: (1) If the obligation to engage in the practice of dentistry has
40       been completed in accordance with the agreement; (2) if the person ob-
41       ligated dies; (3) if, because of permanent physical disability, the person
42       obligated is unable to practice dentistry; (4) if the person obligated fails
43       to satisfy the requirements for a degree of doctor of dental surgery or


38

  1       doctor of dental medicine after making the best effort possible to obtain
  2       such degree; or (5) if the person obligated fails to satisfy all requirements
  3       for a permanent license to practice dentistry in Kansas or any other ju-
  4       risdiction or has been denied a license after the person has applied for a
  5       license and has made the best effort possible to obtain a license.
  6             New Sec.  43. If a person fails to satisfy an obligation to engage in
  7       the practice of dentistry in Kansas for the required period of time under
  8       an agreement entered into as provided in section 39, and amendments
  9       thereto, because such person is engaged in the practice of dentistry in a
10       state other than Kansas, and if such person is subject to or currently
11       making repayments under such agreement, and if such person subse-
12       quently commences the practice of dentistry in this state in compliance
13       with the agreement, the balance of the repayment amount, including
14       interest thereon, from the time of commencement of the practice of den-
15       tistry in this state until the obligation of such person is satisfied, or until
16       the time such person again becomes subject to repayments, shall be
17       waived. All repayment amounts due prior to commencement of practice
18       in this state, including interest thereon, shall continue to be payable as
19       provided in the agreement. If subsequent to commencement of practice
20       in this state, the person fails to satisfy the obligation to practice for the
21       period of time specified in the agreement, the person again shall be sub-
22       ject to repayments, including interest thereon, as provided in the
23       agreement.
24             Sec.  44 38. K.S.A. 1999 Supp. 74-32,131 is hereby amended to read
25       as follows: 74-32,131. This act shall be known and may be cited as the
26       advanced registered nurse practitioner student service scholarship
27       program.
28             Sec.  45 39. K.S.A. 1999 Supp. 74-32,132 is hereby amended to read
29       as follows: 74-32,132. As used in this act:
30             (a) ``Committee'' means the nursing service scholarship review com-
31       mittee established under K.S.A. 74-3299, and amendments thereto.
32             (b) ``Executive officer'' means the executive officer of the state board
33       of regents appointed under K.S.A. 74-3203, and amendments thereto.
34             (c) ``Educational and training program for advanced registered nurse
35       practitioners'' means a post-basic nursing education program a graduate
36       of which meets the education requirements of the board of nursing for a
37       certificate of qualification as an advanced registered nurse practitioner.
38             (d) ``Medically underserved area'' means an area of this state desig-
39       nated a medically underserved area by specialty or critically medically
40       underserved area by specialty under K.S.A. 76-375 and amendments
41       thereto a practice location designated medically underserved by the state
42       board of regents.
43             (e) ``Rural area'' means any county in of this state which has a pop-


39

  1       ulation of not more than 20,000 people at the time of application other
  2       than Douglas, Johnson, Sedgwick, Shawnee and Wyandotte counties.
  3             Sec.  46 40. K.S.A. 1999 Supp. 74-32,133 is hereby amended to read
  4       as follows: 74-32,133. (a) There is hereby established the advanced reg-
  5       istered nurse practitioner student service scholarship program. Within the
  6       limits of appropriations therefor, a scholarship may be awarded under
  7       this the program to any qualified student enrolled in or admitted to an
  8       educational and training program for advanced registered nurse practi-
  9       tioners. The number of scholarships awarded under this scholarship the
10       program in any year shall not exceed 12.
11             (b) The determination of the individuals qualified for such scholar-
12       ships shall be made by the executive officer after seeking advice from the
13       committee. Scholarships shall be awarded on a priority basis to qualified
14       applicants in the advanced registered nurse practitioner categories of
15       nurse clinician or nurse practitioner or clinical specialist who have the
16       greatest financial need for such scholarships and who are residents of this
17       state. To the extent practicable and consistent with the other provisions
18       of this section, consideration shall be given to minority applicants.
19             (c) Scholarships awarded under this scholarship the program shall be
20       awarded for the length of the course of instruction required for gradua-
21       tion as an advanced registered nurse practitioner unless terminated be-
22       fore expiration of such period of time. Such scholarships shall provide (1)
23       to the a student receiving the scholarship enrolled in or admitted to an
24       educational and training program for advanced registered nurse practi-
25       tioners operated by a state educational institution the payment of tuition,
26       fees, books, room and board in an amount not to exceed the total of
27       $15,000 annually an amount not to exceed 70% of the cost of attendance
28       for a year, and (2) to a student enrolled in or admitted to an educational
29       and training program for advanced registered nurse practitioners oper-
30       ated by an independent institution of higher education the payment of an
31       amount not to exceed 70% of the average amount of the cost of attendance
32       for a year in educational and training programs for advanced registered
33       nurse practitioners operated by the state educational institutions. The
34       amount of each scholarship shall be established annually by the executive
35       officer and shall be financed by the state of Kansas.
36             Sec.  47 41. K.S.A. 1999 Supp. 74-32,134 is hereby amended to read
37       as follows: 74-32,134. (a) An applicant for a scholarship under this the
38       advanced registered nurse practitioner service scholarship program shall
39       provide to the executive officer, on forms supplied by the executive of-
40       ficer, the following information:
41             (1) The name and address of the applicant;
42             (2) the name and address of the educational and training program for
43       advanced registered nurse practitioners in which the applicant is enrolled


40

  1       in or to which the applicant has been admitted; and
  2             (3) any additional information which may be required by the execu-
  3       tive officer.
  4             (b) As a condition to awarding a scholarship under this act, the ex-
  5       ecutive officer and the applicant for a scholarship shall enter into an
  6       agreement which shall require that the scholarship recipient:
  7             (1) Engage in as a full-time student in and complete the required
  8       course of instruction leading to the certificate of qualification as an ad-
  9       vanced registered nurse practitioner;
10             (2) engage in within six months after graduation from the educational
11       and training program for advanced registered nurse practitioners, com-
12       mence full-time practice as an advanced registered nurse practitioner, or
13       commence the equivalent to full-time practice as specified by rules and
14       regulations of the state board of regents adopted in accordance with the
15       provisions of K.S.A. 1999 Supp. 74-32,137 and amendments thereto, or
16       commence part-time practice as an advanced registered nurse practi-
17       tioner, in a rural area or a medically underserved area, continue such
18       practice for the total amount of time required under the agreement, and
19       comply with such other terms and conditions as may be specified by such
20       the agreement;
21             (3) commence full-time practice, or the equivalent to full-time prac-
22       tice as specified by rules and regulations of the state board of regents
23       adopted in accordance with the provisions of K.S.A. 1999 Supp. 74-32,137
24       and amendments thereto, as an advanced registered nurse practitioner
25       in a rural area or medically underserved area within six months after
26       graduation from the educational and training program for advanced reg-
27       istered nurse practitioners in accordance with the agreement entered into
28       by the scholarship recipient and continue such full-time practice, or the
29       equivalent to full-time practice, in a rural area or medically underserved
30       area for the total amount of time required under the agreement, which
31       shall be for a period of not less than the length of the course of instruction
32       for which the scholarship assistance was provided, or commence part-time
33       practice in a rural area or medically underserved area and continue such
34       part-time practice in a rural area or medically underserved area for the
35       total amount of time required under the agreement, which shall be for a
36       period of time that is equivalent to full time, as determined by the state
37       board of regents, multiplied by the length of the course of instruction for
38       which the scholarship assistance was provided;
39             (4) maintain records and make reports to the executive officer as may
40       be required by the executive officer to document the satisfaction of the
41       obligation under this act; and
42             (5) upon failure to satisfy an agreement to engage in full-time practice
43       as an advanced registered nurse practitioner, or the equivalent to full-


41

  1       time practice as specified by rules and regulations of the state board of
  2       regents adopted in accordance with the provisions of K.S.A. 1999 Supp.
  3       74-32,137 and amendments thereto, or in part-time practice, in a rural
  4       area or medically underserved area for the required period of time under
  5       any such agreement, repay to the state amounts as provided in K.S.A.
  6       1999 Supp. 74-32,135, and amendments thereto.
  7             Sec.  48 42. K.S.A. 1999 Supp. 74-32,135 is hereby amended to read
  8       as follows: 74-32,135. (a) Except as provided in K.S.A. 1999 Supp. 74-
  9       32,136, and amendments thereto, upon the failure of any person to satisfy
10       the obligation under any agreement entered into pursuant to this act,
11       such person shall pay to the executive officer an amount equal to the total
12       amount of money received by such person pursuant to such agreement
13       which is financed by the state of Kansas plus annual accrued interest at
14       a rate of 15% which is equivalent to the interest rate applicable to loans
15       made under the federal PLUS program at the time such person first en-
16       tered into an agreement plus two five percentage points. Installment pay-
17       ments of such amounts may be made in accordance with rules and reg-
18       ulations of the state board of regents, except that such installment
19       payments shall commence six months after the date of the action or cir-
20       cumstances that cause the failure of the person to satisfy the obligations
21       of such agreements, as determined by the executive officer based upon
22       the circumstances of each individual case. Amounts paid under this sec-
23       tion to the executive officer shall be deposited in the advanced registered
24       nurse practitioner student service scholarship program fund in accord-
25       ance with K.S.A. 1999 Supp. 74-32,138 and amendments thereto.
26             (b) The state board of regents is authorized to turn any repayment
27       account arising under the advanced registered nurse practitioner service
28       scholarship program over to a designated loan servicer or collection
29       agency, the state not being involved other than to receive payments from
30       the loan servicer or collection agency at the interest rate prescribed under
31       this section.
32             Sec.  49 43. K.S.A. 1999 Supp. 74-32,136 is hereby amended to read
33       as follows: 74-32,136. (a) An obligation under any agreement entered into
34       under the advanced registered nurse practitioner student service schol-
35       arship program shall be postponed: (1) During any required period of
36       active military service; (2) during any period of service in the peace corps;
37       (3) during any period of service as a part of volunteers in service to Amer-
38       ica (VISTA); (4) during any period of service commitment to the United
39       States public health service; (5) during any period of religious missionary
40       work conducted by an organization exempt from tax under subsection (c)
41       of section 501(c)(3) of the federal internal revenue code of 1986 as in
42       effect on January 1 December 31, 1993 1999; (6) during any period of
43       temporary medical disability during which time the person obligated is


42

  1       unable because of such temporary medical disability to practice as an
  2       advanced registered nurse practitioner; or (7) during any period of time
  3       the person obligated is enrolled and actively engaged on a full-time basis
  4       in a course of study leading to a graduate degree in a field in for which
  5       such person was awarded a scholarship under this act which degree is
  6       higher than that formerly attained formerly by the person obligated; (8)
  7       during any period of time the person obligated is on job-protected leave
  8       under the federal family and medical leave act of 1993; or (9) during any
  9       period of time the state board of regents determines that the person ob-
10       ligated is unable because of special circumstances to practice as an ad-
11       vanced registered nurse practitioner. Except for clauses (6), (8) and (9),
12       an obligation under any agreement entered into as provided in the ad-
13       vanced registered nurse practitioner service scholarship program shall not
14       be postponed more than five years from the time the obligation was to
15       have been commenced under any such agreement. An obligation under
16       any agreement as provided in the advanced registered nurse practitioner
17       service scholarship program shall be postponed under clause (6) during
18       the period of time the medical disability exists. An obligation to engage in
19       practice as an advanced registered nurse practitioner in accordance with
20       an agreement under the advanced registered nurse practitioner service
21       scholarship program shall be postponed under clause (8) during the pe-
22       riod of time the person obligated remains on FMLA leave. An obligation
23       to engage in practice as an advanced registered nurse practitioner in ac-
24       cordance with an agreement under the advanced registered nurse prac-
25       titioner service scholarship program shall be postponed under clause (9)
26       during the period of time the state board of regents determines that the
27       special circumstances exist. The state board of regents shall adopt rules
28       and regulations prescribing criteria or guidelines for determination of the
29       existence of special circumstances causing an inability to practice as an
30       advanced registered nurse practitioner, and shall determine the docu-
31       mentation required to prove the existence of such circumstances.
32             (b) An obligation under any agreement under entered into in accord-
33       ance with the advanced registered nurse practitioner student service
34       scholarship program shall be satisfied: (1) If the obligation in accord-
35       ance with an agreement under the scholarship program has been com-
36       pleted in accordance with the agreement; (2) if the person obligated dies;
37       (3) if, because of permanent physical disability, the person obligated is
38       unable to satisfy the obligation; or (4) if the person obligated fails to satisfy
39       the requirements for completion of the educational and training program
40       after making the best effort possible to do so; or (5) if the person obligated
41       is unable to obtain employment as an advanced registered nurse practi-
42       tioner and continue in such employment after making the best effort pos-
43       sible to do so.


43

  1             Sec.  50 44. K.S.A. 1999 Supp. 74-32,137 is hereby amended to read
  2       as follows: 74-32,137. The state board of regents, after consultation with
  3       the committee, may adopt rules and regulations establishing minimum
  4       terms, conditions and obligations which shall be incorporated into the
  5       provisions of any agreement under the advanced registered nurse prac-
  6       titioner student service scholarship program. The terms, conditions and
  7       obligations shall be consistent with the provisions of law relating to the
  8       advanced registered nurse practitioner student service scholarship pro-
  9       gram. The terms, conditions and obligations so established shall include,
10       but not be limited to, the terms of eligibility for financial assistance under
11       the advanced registered nurse practitioner student service scholarship
12       program, the amount of financial assistance to be offered, the length of
13       practice in a rural area or medically underserved area required as a con-
14       dition to the receipt of such financial assistance to be offered, the amount
15       of money required to be repaid because of failure to satisfy the obligations
16       under an agreement and the method of repayment and such other ad-
17       ditional provisions as may be necessary to carry out the provisions of the
18       advanced registered nurse practitioner student service scholarship pro-
19       gram. The state board of regents, after consultation with the committee,
20       shall adopt rules and regulations establishing criteria for evaluating the
21       financial need of applicants for scholarships and may adopt such other
22       rules and regulations as may be necessary to administer the advanced
23       registered nurse practitioner student service scholarship program.
24             Sec.  51 45. K.S.A. 1999 Supp. 74-32,138 is hereby amended to read
25       as follows: 74-32,138. There is hereby created in the state treasury the
26       advanced registered nurse practitioner student service scholarship pro-
27       gram fund. The executive officer shall remit all moneys received under
28       this act to the state treasurer at least monthly. Upon receipt of each such
29       remittance the state treasurer shall deposit the entire amount thereof in
30       the state treasury, and such amount shall be credited to the advanced
31       registered nurse practitioner student service scholarship program fund.
32       All expenditures from the advanced registered nurse practitioner student
33       service scholarship program fund shall be for scholarships awarded under
34       this act and shall be made in accordance with appropriation acts upon
35       warrants of the director of accounts and reports issued pursuant to vouch-
36       ers approved by the executive officer or by a person designated by the
37       executive officer.
38             New Sec.  52 46. (a) There is hereby established the professional
39       service scholarship advisory committee which shall consist of the follow-
40       ing members appointed by the state board of regents: One member rep-
41       resenting osteopaths; one member representing dentists; one member
42       representing teachers; one member representing optometrists; one mem-
43       ber representing ethnic minority graduate students; one member repre-


44

  1       senting reserve officer candidates; one member representing nurses; and
  2       the chairperson of the nursing service scholarship review committee or a
  3       designee of the chairperson.
  4             (b) The professional service scholarship advisory committee shall
  5       make recommendations to the state board of regents regarding budget
  6       requests for and administration of professional service scholarships.
  7             (c) The members of the professional service scholarship advisory
  8       committee shall be appointed for three-year terms and shall serve until
  9       their successors are appointed and qualified. If a vacancy occurs prior to
10       the expiration of a term, the appointing authority shall appoint a person
11       to fill such position for the unexpired term. Persons appointed to the
12       committee may be reappointed by the appointing authority for succeed-
13       ing terms.
14             (d) The executive officer of the state board of regents or a designee
15       of the executive officer shall provide relevant information, staff assistance,
16       and meeting arrangements for the professional service scholarship advi-
17       sory committee which shall meet at least once per year.
18             (e) Members of the professional service advisory committee shall be
19       eligible for amounts provided in subsection (e) of K.S.A. 75-3223, and
20       amendments thereto, for attendance at any meeting of the committee or
21       any subcommittee meeting authorized by the committee. Amounts paid
22       under this subsection shall be from appropriations to the state board of
23       regents upon warrants of the director of accounts and reports issued pur-
24       suant to vouchers approved by the state board or a person designated by
25       the state board. 
26       Sec.  53 47K.S.A. 1999 Supp. 74-32,112 is hereby amended to
27       read as follows: 74-32,112. (a) This act shall be known and may be
28       cited as the Kansas ethnic minority fellowship program.
29             (b) The legislature hereby finds that: (1) The enrollment of cer-
30       tain ethnic minority students in graduate programs is low and de-
31       clining; and (2) the ratio of graduate students who receive teaching
32       and research assistantships is lower for ethnic minority students
33       than for Caucasian students; and (3) the ethnic origin of faculty at
34       institutions of higher education is disproportionately Caucasoid.
35             (c) The legislature hereby declares that it is the intention of this
36       act to provide for a program under which the state in cooperation
37       with the state educational institutions may award grants of finan-
38       cial assistance in the form of fellowships to qualified ethnic minority
39       graduate students as a means of: (1) recruiting and retaining ethnic
40       minority students in the graduate programs of the state educational
41       institutions; and (2) attracting and retaining ethnic minority faculty
42       members and educational leaders in Kansas in order to enhance the di-
43       versity of the student population.


45

  1             Sec.  54 48K.S.A. 1999 Supp. 74-32,113 is hereby amended to
  2       read as follows: 74-32,113. As used in this act:
  3             (a) ``Kansas ethnic minority fellowship program'' means a pro-
  4       gram under which grants of financial assistance in the form of fel-
  5       lowships are awarded to qualified ethnic minority graduate
  6       students.
  7             (b) ``Qualified ethnic minority graduate student'' means a per-
  8       son who: (1) Is a citizen of the United States; (2) is a member of an
  9       ethnic minority group; (3) has been accepted for admission to or is
10       enrolled full time in a graduate program at a state educational in-
11       stitution; and (4) has qualified for the award of a fellowship under
12       the Kansas ethnic minority fellowship program on the basis of hav-
13       ing demonstrated scholastic ability, or who has previously so qual-
14       ified and remains qualified for renewal of the fellowship on the basis
15       of remaining in good standing and making satisfactory progress to-
16       ward completion of the requirements of the graduate program in
17       which enrolled.
18             (c) ``Ethnic minority group'' means a group of persons catego-
19       rized as: (1) American Indian; (2) Asian or Pacific Islander; (3) Black,
20       non-Hispanic; or (4) Hispanic.
21             (d) ``American Indian'' means a person having origins in the
22       original peoples of North America and who maintains cultural iden-
23       tification through tribal affiliation or community recognition.
24             (e) ``Asian'' or ''Pacific Islander`` means a person having origins
25       in any of the original peoples of Laos, Vietnam, Cambodia, or Korea
26       the Far East, Southeast Asia, the Indian Subcontinent, or Pacific Islands,
27       including, but not by way of limitation, persons from China, Japan, Korea,
28       the Philippine Islands, Samoa, India, Laos, Vietnam, or Cambodia.
29             (f) ``Black, non-Hispanic'' means a person having origins in any
30       of the black racial groups of Africa (except those of Hispanic origin).
31             (g) ``Hispanic'' means a person of Mexican, Puerto Rican, Cu-
32       ban, Central or South American or other Spanish culture or origin,
33       regardless of race.
34             (h) ``State educational institution'' has the meaning ascribed
35       thereto in K.S.A. 76-711, and amendments thereto.
36             (i) ``Executive officer'' means the executive officer of the state
37       board of regents, appointed under K.S.A. 74-3203 1999 Supp. 74-
38       3203a, and amendments thereto.
39             Sec.  55 49K.S.A. 1999 Supp. 74-32,118 is hereby amended to
40       read as follows: 74-32,118. (a) The state board of regents shall adopt
41       rules and regulations for administration of the Kansas ethnic mi-
42       nority fellowship program and shall establish terms, conditions and
43       obligations which shall be incorporated into the provisions of any


46

  1       agreement entered into between the executive officer and an appli-
  2       cant for the award of a fellowship under the program. The terms,
  3       conditions and obligations shall be consistent with the provisions
  4       of law relating to the program and shall include, but not be limited
  5       to, the circumstances under which eligibility for financial assistance
  6       under the program may be terminated, the amount of financial as-
  7       sistance to be provided, the circumstances under which obligations
  8       may be discharged or forgiven, the amount of money required to be
  9       repaid because of failure to satisfy the obligations under an agree-
10       ment and the method of repayment.
11             (b) The state board of regents shall review the Kansas ethnic minority
12       fellowship program annually to determine if the program is meeting the
13       intention of the legislature and to make recommendations to the legislature
14       for continuance, discontinuance, expansion, or contraction of the
15       program.
16        Sec.  53. 56. 50 K.S.A. 74-3223, 74-3224, 74-3225, 74-3226, 74-3227,
17       74-3228, 74-3246, 74-3247, 74-3248, 74-3267a, 74-3268, 74-3268a, 74-
18       3269, 74-3271, 74-3272, 74-3273, 74-3291, 74-3293, 74-3294, 74-3297,
19       74-3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-32,105 and 74-
20       32,106 and K.S.A. 1999 Supp. 74-3256, 74-3257, 74-3258, 74-3259, 74-
21       3260, 74-3265, 74-3266, 74-3267, 74-3292, 74-3295, 74-3296, 74-3298,
22       74-32,104, 74-32,107, 74-32,112, 74-32,113, 74-32,114, 74-32,115, 74-
23       32,116, 74-32,117, 74-32,118, 74-32,131, 74-32,132, 74-32,133, 74-
24       32,134, 74-32,135, 74-32,136, 74-32,137 and 74-32,138 are hereby
25       repealed.
26             Sec.  54. 57. 51 This act shall take effect and be in force from and
27       after its publication in the statute book.