Chapter 218


An Act concerning private employment agencies; relating to application fees charged thereby; relating to licensing fees paid thereby; amending K.S.A. 44-407 and K.S.A. 1995 Supp. 44-401 and repealing the existing sections.

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

Section 1. K.S.A. 1995 Supp. 44-401 is hereby amended to read as follows: 44-401. As used in K.S.A. 44-401 through 44-412 and amend- ments thereto:

(a) ``Applicant'' means any person who uses or attempts to use the services of a private employment agency in seeking employment.

(b) ``Employer'' means a person employing or seeking to employ a person for compensation, or any representative or employee of such a person.

(c) ``Fee'' means anything of value, including money or other valuable consideration or services or the promise of any of the foregoing, required or received by a private employment agency in payment for any of its services or any act rendered or to be rendered by the private employment agency.

(d) ``Person'' means any individual, association, partnership or cor- poration.

(e) (1) ``Private employment agency'' means any business which is operated for profit in this state and which:

(A) Secures employment; or

(B) by any form of advertising holds itself out to applicants as able to secure employment or to provide information or service of any kind pur- porting to promote, lead to or result in employment for the applicant with any employer other than itself.

(2) ``Private employment agency'' does not include:

(A) Any educational, religious, charitable, fraternal or benevolent or- ganization which charges no fee for services rendered in securing em- ployment or providing information about employment;

(B) any employment service operated by the state, the United States or any political subdivision of the state, or any agency thereof;

(C) any temporary help service that at no time advertises or repre- sents that its employee may, with the approval of the temporary help service, be employed by one of its client companies on a permanent basis;

(D) any newspaper or publication of general circulation;

(E) any radio or television station; or

(F) any employment service where the fee is paid by the employer; or

(G) any business that publishes employment information through the use of a computerized data base which, prior to July 1, 1993, received a written statement from the secretary of human resources indicating that it was not a private employment agency as defined in this subsection.

Sec. 2. K.S.A. 44-407 is hereby amended to read as follows: 44-407. Where a registration fee is charged for receiving or filing applications for employment, said fee shall in no case exceed the sum of one dollar ($1), unless the salary or wages shall be more than three dollars ($3) per day, in which case a fee of not more than two dollars ($2) may be charged, for which such fee shall not exceed $75 for which a duplicate receipt shall be given (one copy to be kept by the employee and the other for the employer), in which shall be stated the name and address of the applicant, the date of such application, the amount of the fee, and the nature of the work to be done or the situation to be procured.

In case the said applicant shall not obtain a situation or employment through such licensed agency within three days after registration as afore- said, then said licensed agency shall forthwith repay and return to such applicant, upon demand being made therefor, the full amount of the fee paid or delivered by said applicant to such licensed agency: Provided,That said employment agency shall make no additional charge for their service rendered other than the fees set out above.

Sec. 3. K.S.A. 44-407 and K.S.A. 1995 Supp. 44-401 are hereby re- pealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved May 11, 1996.