1286             1997 Session Laws of Kansas             Ch. 177

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

Section 1. K.S.A. 1996 Supp. 74-7301 is hereby amended to read as
follows: 74-7301. As used in this act:

(a) ``Allowance expense'' means reasonable charges incurred for rea-
sonably needed products, services and accommodations, including those
for medical care, rehabilitation, rehabilitative occupational training and
other remedial treatment and care. Such term includes a total charge not
in excess of $2,000 for expenses in any way related to funeral, cremation
or burial; but such term shall not include that portion of a charge for a
room in a hospital, clinic, convalescent or nursing home or any other
institution engaged in providing nursing care and related services, in ex-
cess of a reasonable and customary charge for semi-private accommo-
dations, unless other accommodations are medically required.

(b) ``Board'' means the crime victims compensation board established
under K.S.A. 74-7303 and amendments thereto.

(c) ``Claimant'' means any of the following persons claiming compen-
sation under this act: A victim; a dependent of a deceased victim; a third
person other than a collateral source; or an authorized person acting on
behalf of any of them.

(d) ``Collateral source'' means a source of benefits or advantages for
economic loss otherwise reparable under this act which the victim or
claimant has received, or which is readily available to the victim or claim-
ant, from:

(1) The offender;

(2) the government of the United States or any agency thereof, a state
or any of its political subdivisions or an instrumentality or two or more
states, unless the law providing for the benefits or advantages makes them
excess or secondary to benefits under this act;

(3) social security, medicare and medicaid;

(4) state-required temporary nonoccupational disability insurance;

(5) workers' compensation;

(6) wage continuation programs of any employer;

Ch. 177             1997 Session Laws of Kansas             1287

(7) proceeds of a contract of insurance payable to the victim for loss
which the victim sustained because of the criminally injurious conduct;
or

(8) a contract providing prepaid hospital and other health care serv-
ices or benefits for disability.

(e) ``Criminally injurious conduct'' means conduct that: (1) (A) Oc-
curs or is attempted in this state or occurs to a person whose domicile is
in Kansas who is the victim of a violent crime which occurs in another
state, possession, or territory of the United States of America may make
an application for compensation if:

(A) (i) The crimes would be compensable had it occurred in the state
of Kansas; and

(B) (ii) the places the crimes occurred are states, possessions or ter-
ritories of the United States of America not having eligible crime victim
compensation programs; (2)

(B) poses a substantial threat or personal injury or death; and (3)

(C) either is punishable by fine, imprisonment or death or would be
so punishable but for the fact that the person engaging in the conduct
lacked capacity to commit the crime under the laws of this state.; or

(2) is an act of terrorism, as defined in 18 U.S.C. 2331, committed
outside of the United States against a person whose domicile is in Kansas.

Such term shall not include conduct arising out of the ownership, main-
tenance or use of a motor vehicle, except for violations of K.S.A. 8-1567
and amendments thereto, or violations of municipal ordinances prohib-
iting the acts prohibited by that statute, or violations of K.S.A. 8-1602,
21-3404, 21-3405 and 21-3414 and amendments thereto or when such
conduct was intended to cause personal injury or death.

(f) ``Dependent'' means a natural person wholly or partially depend-
ent upon the victim for care or support, and includes a child of the victim
born after the victim's death.

(g) ``Dependent's economic loss'' means loss after decedent's death
of contributions of things of economic value to the decedent's depend-
ents, not including services they would have received from the decedent
if the decedent had not suffered the fatal injury, less expenses of the
dependents avoided by reason of decedent's death.

(h) ``Dependent's replacement services loss'' means loss reasonably
incurred by dependents after decedent's death in obtaining ordinary and
necessary services in lieu of those the decedent would have performed
for their benefit if the decedent had not suffered the fatal injury, less
expenses of the dependents avoided by reason of decedent's death and
not subtracted in calculating dependent's economic loss.

(i) ``Economic loss'' means economic detriment consisting only of al-
lowable expense, work loss, replacement services loss and, if injury causes
death, dependent's economic loss and dependent's replacement service

1288             1997 Session Laws of Kansas             Ch. 177

loss. Noneconomic detriment is not loss, but economic detriment is loss
although caused by pain and suffering or physical impairment.

(j) ``Noneconomic detriment'' means pain, suffering, inconvenience,
physical impairment and nonpecuniary damage.

(k) ``Replacement services loss'' means expenses reasonably incurred
in obtaining ordinary and necessary services in lieu of those the injured
person would have performed, not for income, but for the benefit of self
or family, if such person had not been injured.

(l) ``Work loss'' means loss of income from work the injured person
would have performed if such person had not been injured, and expenses
reasonably incurred by such person in obtaining services in lieu of those
the person would have performed for income, reduced by any income
from substitute work actually performed by such person or by income
such person would have earned in available appropriate substitute work
that the person was capable of performing but unreasonably failed to
undertake.

(m) ``Victim'' means a person who suffers personal injury or death as
a result of: (1) Criminally injurious conduct; (2) the good faith effort of
any person to prevent criminally injurious conduct; or (3) the good faith
effort of any person to apprehend a person suspected of engaging in
criminally injurious conduct; or (4) an act of terrorism, as defined in 18
U.S.C. 2331, committed outside of the United States.

Sec. 2. K.S.A. 1996 Supp. 74-7301 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 15, 1997.

Published in the Kansas Register: May 22, 1997.