44-505.Application of act.(a) Subject to the provisions of K.S.A. 44-506 and amendments thereto, theworkers compensation act shall apply to all employments wherein employersemployemployees within this state except that such act shall not apply to:
(1) Agricultural pursuits and employments incident thereto, other than thoseemployments in which the employer is the state, or any department,agency or authority of the state;
(2) any employment, other thanthose employments in which the employer is the state, or any department,agency or authority of the state, wherein the employer had a total grossannual payroll for the preceding calendar year of not more than$20,000 for all employees and wherein the employerreasonably estimates that such employer will not have a total gross annualpayroll for the current calendar year of more than $20,000 forall employees,except that no wages paid to an employee who isa member of the employer's family by marriage or consanguinity shall beincluded as part of the total gross annual payroll of such employer forpurposes of this subsection;
(3) any employment, other than thoseemployments in which the employer is the state, or any department,agency or authority of the state, wherein the employer has not had apayroll for a calendar year and wherein the employer reasonablyestimates that such employer will not have a total grossannual payroll forthe current calendar year of more than$20,000 for all employees, except that no wages paid toan employee who is a memberof the employer's family by marriage or consanguinity shall be includedas a part of the total gross annual payroll of such employer forpurposes of this subsection;
(4) the employment of anyfirefighters who are members of a firemen's relief association for whoma valid statement of election to except such members from the provisionsof the workers compensation act has been filed with thedirector bythe governing body of such firemen's relief association as provided inK.S.A. 44-505d and amendments thereto; or
(5) services performed by a qualified real estate agent as anindependentcontractor. For the purposes of this act a qualified real estate agentshall be deemed to be an independent contractor if such qualified real estateagent islicensed by the Kansas real estate commission as a salesperson under thereal estate brokers' and salespersons' license act and for whom: (A)Substantially all of the remuneration, whether or not paid in cash, for theservices performed by such individual as a real estate salesperson isdirectly related to sales or other output, including the performance ofservices, rather than to the number of hours worked; and (B) the servicesperformed by the individual are performed pursuant to a written contractbetween such individual and the person for whom the services are performedand such contract provides that the individual will not be treated as anemployee with respect to such services for state tax purposes.
(b) Each employer who employs employees in employments which areexcepted from the provisions of the workers compensation actasprovided in subsection (a) of this section, shall be entitled to comewithin the provisions of such act by: (1) Becoming a member in and bymaintaininga membership in a qualified group-funded workers' compensation pool, asprovided by K.S.A. 44-581 to 44-591, inclusive, andamendments thereto; or (2) filingwith the director a writtenstatement of election to accept thereunder. Such written statement ofelection shall beeffective from the date of filing until such time as the employer filesa written statement withdrawing such election with the director. Allwritten statements of election or of withdrawal of election filedpursuant to this subsection shall be in such form as may be required by thedirector by rules and regulations.
(c) This act shall not apply in any case where the accident occurredprior to the effective date of this act. All rights which accrued byreason of any such accident shall be governed by the laws in effect atthat time.
44-505.Application of act.(a) Subject to the provisions of K.S.A. 44-506 and amendments thereto, theworkers compensation act shall apply to all employments wherein employersemployemployees within this state except that such act shall not apply to:
(1) Agricultural pursuits and employments incident thereto, other than thoseemployments in which the employer is the state, or any department,agency or authority of the state;
(2) any employment, other thanthose employments in which the employer is the state, or any department,agency or authority of the state, wherein the employer had a total grossannual payroll for the preceding calendar year of not more than$20,000 for all employees and wherein the employerreasonably estimates that such employer will not have a total gross annualpayroll for the current calendar year of more than $20,000 forall employees,except that no wages paid to an employee who isa member of the employer's family by marriage or consanguinity shall beincluded as part of the total gross annual payroll of such employer forpurposes of this subsection;
(3) any employment, other than thoseemployments in which the employer is the state, or any department,agency or authority of the state, wherein the employer has not had apayroll for a calendar year and wherein the employer reasonablyestimates that such employer will not have a total grossannual payroll forthe current calendar year of more than$20,000 for all employees, except that no wages paid toan employee who is a memberof the employer's family by marriage or consanguinity shall be includedas a part of the total gross annual payroll of such employer forpurposes of this subsection;
(4) the employment of anyfirefighters who are members of a firemen's relief association for whoma valid statement of election to except such members from the provisionsof the workers compensation act has been filed with thedirector bythe governing body of such firemen's relief association as provided inK.S.A. 44-505d and amendments thereto; or
(5) services performed by a qualified real estate agent as anindependentcontractor. For the purposes of this act a qualified real estate agentshall be deemed to be an independent contractor if such qualified real estateagent islicensed by the Kansas real estate commission as a salesperson under thereal estate brokers' and salespersons' license act and for whom: (A)Substantially all of the remuneration, whether or not paid in cash, for theservices performed by such individual as a real estate salesperson isdirectly related to sales or other output, including the performance ofservices, rather than to the number of hours worked; and (B) the servicesperformed by the individual are performed pursuant to a written contractbetween such individual and the person for whom the services are performedand such contract provides that the individual will not be treated as anemployee with respect to such services for state tax purposes.
(b) Each employer who employs employees in employments which areexcepted from the provisions of the workers compensation actasprovided in subsection (a) of this section, shall be entitled to comewithin the provisions of such act by: (1) Becoming a member in and bymaintaininga membership in a qualified group-funded workers' compensation pool, asprovided by K.S.A. 44-581 to 44-591, inclusive, andamendments thereto; or (2) filingwith the director a writtenstatement of election to accept thereunder. Such written statement ofelection shall beeffective from the date of filing until such time as the employer filesa written statement withdrawing such election with the director. Allwritten statements of election or of withdrawal of election filedpursuant to this subsection shall be in such form as may be required by thedirector by rules and regulations.
(c) This act shall not apply in any case where the accident occurredprior to the effective date of this act. All rights which accrued byreason of any such accident shall be governed by the laws in effect atthat time.
44-505.Application of act.(a) Subject to the provisions of K.S.A. 44-506 and amendments thereto, theworkers compensation act shall apply to all employments wherein employersemployemployees within this state except that such act shall not apply to:
(1) Agricultural pursuits and employments incident thereto, other than thoseemployments in which the employer is the state, or any department,agency or authority of the state;
(2) any employment, other thanthose employments in which the employer is the state, or any department,agency or authority of the state, wherein the employer had a total grossannual payroll for the preceding calendar year of not more than$20,000 for all employees and wherein the employerreasonably estimates that such employer will not have a total gross annualpayroll for the current calendar year of more than $20,000 forall employees,except that no wages paid to an employee who isa member of the employer's family by marriage or consanguinity shall beincluded as part of the total gross annual payroll of such employer forpurposes of this subsection;
(3) any employment, other than thoseemployments in which the employer is the state, or any department,agency or authority of the state, wherein the employer has not had apayroll for a calendar year and wherein the employer reasonablyestimates that such employer will not have a total grossannual payroll forthe current calendar year of more than$20,000 for all employees, except that no wages paid toan employee who is a memberof the employer's family by marriage or consanguinity shall be includedas a part of the total gross annual payroll of such employer forpurposes of this subsection;
(4) the employment of anyfirefighters who are members of a firemen's relief association for whoma valid statement of election to except such members from the provisionsof the workers compensation act has been filed with thedirector bythe governing body of such firemen's relief association as provided inK.S.A. 44-505d and amendments thereto; or
(5) services performed by a qualified real estate agent as anindependentcontractor. For the purposes of this act a qualified real estate agentshall be deemed to be an independent contractor if such qualified real estateagent islicensed by the Kansas real estate commission as a salesperson under thereal estate brokers' and salespersons' license act and for whom: (A)Substantially all of the remuneration, whether or not paid in cash, for theservices performed by such individual as a real estate salesperson isdirectly related to sales or other output, including the performance ofservices, rather than to the number of hours worked; and (B) the servicesperformed by the individual are performed pursuant to a written contractbetween such individual and the person for whom the services are performedand such contract provides that the individual will not be treated as anemployee with respect to such services for state tax purposes.
(b) Each employer who employs employees in employments which areexcepted from the provisions of the workers compensation actasprovided in subsection (a) of this section, shall be entitled to comewithin the provisions of such act by: (1) Becoming a member in and bymaintaininga membership in a qualified group-funded workers' compensation pool, asprovided by K.S.A. 44-581 to 44-591, inclusive, andamendments thereto; or (2) filingwith the director a writtenstatement of election to accept thereunder. Such written statement ofelection shall beeffective from the date of filing until such time as the employer filesa written statement withdrawing such election with the director. Allwritten statements of election or of withdrawal of election filedpursuant to this subsection shall be in such form as may be required by thedirector by rules and regulations.
(c) This act shall not apply in any case where the accident occurredprior to the effective date of this act. All rights which accrued byreason of any such accident shall be governed by the laws in effect atthat time.
