44-1701. Citation of act. The provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto, shall be known and may be cited as the professional employer organization registration act. History: L. 2012, ch. 142, § 1; Jan. 1, 2014.
44-1702. Definitions. As used in K.S.A. 44-1701 through 44-1711, and amendments thereto: (a) “Client” means any person who enters into a professional employer agreement with a professional employer organization. (b) “Co-employer” means either a professional employer organization or a client. (c) “Co-employment relationship” means a relationship which is intended to be an ongoing relationship rather […]
44-1703. Limitations of act; rights, obligations and requirements under the professional employer organization registration act. (a) Nothing in the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto, or in any professional employer agreement shall: (1) Affect, modify or amend any collective bargaining agreement, or the rights or obligations of any client, professional employer organization […]
44-1704. Registration; requirements; application requirements; initial registration; renewal of registration; limited registration; audits. (a) A person engaged in the business of providing professional employer services pursuant to co-employment relationships in which all or a majority of the employees of a client are covered employees shall be registered pursuant to this section. (b) A person who […]
44-1705. Registration fees; fee fund. (a) Upon filing an initial application for registration, a professional employer organization shall pay a fee in an amount not to exceed $1,000. (b) Upon filing a renewal application for registration, a professional employer organization shall pay a fee in an amount not to exceed $500. (c) Upon filing an […]
44-1706. Financial statements; forms of surety. Except as provided by subsections (g) and (j) of K.S.A. 44-1704, and amendments thereto, each professional employer organization, or collectively each professional employer group shall either: (a) Maintain positive working capital upon registration as reflected in the financial statements submitted to the commissioner with the initial registration application and […]
44-1707. Co-employment relationships; covered employees; duties of client and employer organization; state, county, municipality and political subdivisions. (a) No person shall knowingly enter into a co-employment relationship in which less than a majority of the employees of the client in this state are covered employees, or in which less than half of the payroll of […]
44-1708. Retirement and benefit plan liability. A client and a professional employer organization shall each be deemed an employer under the laws of this state for purposes of sponsoring retirement and employee welfare benefit plans for its covered employees. History: L. 2012, ch. 142, § 8; Jan. 1, 2014.
44-1709. Violations of the act; review; penalties. (a) It shall be a violation of the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto: (1) For a person to knowingly offer or provide professional employer services or use the names PEO, professional employer organization, staff leasing, employee leasing, administrative employer or other title representing professional […]
44-1710. Rules and regulations. The commissioner is hereby authorized to and shall adopt such rules and regulations as the commissioner deems necessary to implement and enforce the provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto. History: L. 2012, ch. 142, § 10; Jan. 1, 2014.
44-1711. Severability of act. If any provision of K.S.A. 44-1701 through 44-1711, and amendments thereto, or any portion thereof, is declared invalid or unconstitutional, such invalidity shall not affect the validity or constitutionality of the remaining provisions of K.S.A. 44-1701 through 44-1711, and amendments thereto. History: L. 2012, ch. 142, § 11; Jan. 1, 2014.
