{As Amended by House Committee of the Whole}
As Amended by House Committee
Session of 2024
HOUSE BILL No. 2833
By Committee on Taxation
Requested by Representative Ellis
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AN ACT concerning veterans and military; modifying the definition of
veteran and disabled veteran to create a common definition for each
term; clarifying disability evaluations for benefits granted to disabled
veterans; amending K.S.A. 8-160, 8-243, 8-1324, 73-201, 73-230, 73-
1222 and 73-1239 and K.S.A. 2023 Supp. 32-934, 48-3601, 50-676,
75-3740 and 79-4502 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-160 is hereby amended to read as follows: 8-160.
As used in this act, the term "disabled veteran" means a person who has:
(a) Served in the armed forces of the United States and who is
entitled to compensation for a service-connected disability of at least 50%
and the laws administered by the veterans administration or who is entitled
to compensation for the loss, or permanent loss of use, of one or both feet
or one or both hands, or for permanent visual impairment of both eyes to a
prescribed degree active military, naval, air or space service and who was
discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions};
(b) received a disability that was incurred or aggravated in the line
of duty in the active military, naval, air or space service; and
(c) has a service-connected evaluation percentage equal to or greater
than 50%, pursuant to 38 U.S.C. § 1101 et seq. or 10 U.S.C. § 1201 et seq.
Sec. 2. K.S.A. 8-243 is hereby amended to read as follows: 8-243. (a)
Upon payment of the required fee, the division shall issue to every
applicant qualifying under the provisions of this act the driver's license as
applied for by the applicant. Such license shall bear the class or classes of
motor vehicles which the licensee is entitled to drive, a distinguishing
number assigned to the licensee, the full legal name, date of birth, gender,
address of principal residence and a brief description of the licensee,
either: (1) A digital color image or photograph; or (2) a laser engraved
photograph of the licensee, a facsimile of the signature of the licensee and
the statement provided for in subsection (b). No driver's license shall be
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valid until it has been signed by the licensee. All drivers' licenses issued to
persons under the age of 21 years shall be readily distinguishable from
licenses issued to persons age 21 years or older. In addition, all drivers'
licenses issued to persons under the age of 18 years shall also be readily
distinguishable from licenses issued to persons age 18 years or older. The
secretary of revenue shall implement a vertical format to make drivers'
licenses issued to persons under the age of 21 more readily
distinguishable. Except as otherwise provided, no driver's license issued by
the division shall be valid until either: (1) A digital color image or
photograph; or (2) a laser engraved photograph of such licensee has been
taken and verified before being placed on the driver's license. The
secretary of revenue shall prescribe a fee of not more than $8 and upon the
payment of such fee, the division shall cause either: (1) A digital color
image or photograph; or (2) a laser engraved photograph of such applicant
to be placed on the driver's license. Upon payment of such fee prescribed
by the secretary of revenue, plus payment of the fee required by K.S.A. 8-
246, and amendments thereto, for issuance of a new license, the division
shall issue to such licensee a new license containing either: (1) A digital
color image or photograph; or (2) a laser engraved photograph of such
licensee. A driver's license which does not contain the principal address as
required may be issued to persons who are program participants pursuant
to K.S.A. 75-455, and amendments thereto, upon payment of the fee
required by K.S.A. 8-246, and amendments thereto. All Kansas drivers'
licenses and identification cards shall have physical security features
designed to prevent tampering, counterfeiting or duplication of the
document for fraudulent purposes. The secretary of revenue shall
incorporate common machine-readable technology into all Kansas drivers'
licenses and identification cards.
(b) A Kansas driver's license issued to any person 16 years of age or
older who indicated on the person's application that the person wished to
make a gift of all or any part of the body of the licensee in accordance with
the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244,
and amendments thereto, shall have the word "Donor" placed on the front
of the licensee's driver's license.
(c) Any person who is deaf or hard of hearing may request that the
division issue to such person a driver's license which is readily
distinguishable from drivers' licenses issued to other drivers and upon such
request the division shall issue such license. Drivers' licenses issued to
persons who are deaf or hard of hearing and under the age of 21 years shall
be readily distinguishable from drivers' licenses issued to persons who are
deaf or hard of hearing and 21 years of age or older. Upon satisfaction of
subsection (a), the division shall issue a receipt of application permitting
the operation of a vehicle consistent with the requested class, if there are
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no other restrictions or limitations, pending the division's verification of
the information and production of a driver's license.
(d) A driver's license issued to a person required to be registered
under K.S.A. 22-4901 et seq., and amendments thereto, shall be assigned a
distinguishing number by the division which will readily indicate to law
enforcement officers that such person is a registered offender. The division
shall develop a numbering system to implement the provisions of this
subsection.
(e) (1) Any person who is a veteran may request that the division
issue to such person a driver's license which that shall include the
designation "VETERAN" displayed on the front of the driver's license at a
location to be determined by the secretary of revenue. In order to receive a
license described in this subsection, the veteran must shall provide proof
of the veteran's military service and honorable discharge or general
discharge under honorable conditions, including a copy of the veteran's
DD214 form DD form 214, NGB form 22 or equivalent discharge
document showing character of service as honorable or general under
honorable conditions.
(2) As used in this subsection, "veteran" means a person who:
(A) Has served in: The army, navy, marine corps, air force, coast
guard, air or army national guard or any branch of the military reserves of
the United States; and
(B) has been separated from the branch of service in which the person
was honorably discharged or received a general discharge under honorable
conditions served in the active military, naval, air or space service and
who was discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions}.
(3) The director of vehicles may adopt any rules and regulations
necessary to carry out the provisions of this subsection.
(f) (1) Any person who submits satisfactory proof to the director of
vehicles, on a form provided by the director, that such person needs
assistance with cognition, including, but not limited to, persons with
autism spectrum disorder, may request that the division issue to such
person a driver's license, that shall note such impairment on the driver's
license at a location to be determined by the secretary of revenue.
(2) Satisfactory proof that a person needs assistance with cognition
shall include a statement from a person licensed to practice the healing arts
in any state, an advanced practice registered nurse licensed under K.S.A.
65-1131, and amendments thereto, a licensed physician assistant or a
person clinically licensed by the Kansas behavioral sciences regulatory
board certifying that such person needs assistance with cognition.
Sec. 3. K.S.A. 8-1324 is hereby amended to read as follows: 8-1324.
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(a) Any resident who does not hold a current valid Kansas driver's license
may make application to the division of vehicles and be issued one
identification card.
(b) (1) Each application for an identification card shall include a
question asking if the applicant is willing to give such applicant's
authorization to be listed as an organ, eye and tissue donor in the Kansas
donor registry in accordance with the revised uniform anatomical gift act,
K.S.A. 65-3220 through 65-3244, and amendments thereto. The gift would
become effective upon the death of the donor.
(2) For the purpose of obtaining an identification card, an applicant
shall submit, with the application, proof of age, proof of identity and proof
of lawful presence. An applicant shall submit with the application a photo
identity document, except that a non-photo identity document is acceptable
if it includes both the applicant's full legal name and date of birth, and
documentation showing the applicant's name, the applicant's address of
principal residence and the applicant's social security account number. The
applicant's social security number shall remain confidential and shall not
be disclosed, except as provided pursuant to K.S.A. 74-2014, and
amendments thereto. If the applicant does not have a social security
number, the applicant shall provide proof of lawful presence and Kansas
residency. The division shall assign a distinguishing number to the
identification card. Before issuing an identification card to a person, the
division shall make reasonable efforts to verify with the issuing agency the
issuance, validity and completeness of each document required to be
presented by the applicant to prove age, identity and lawful presence.
(c) The division shall not issue an identification card to any person
who fails to provide proof that the person is lawfully present in the United
States. If an applicant provides evidence of lawful presence as set out in
K.S.A. 8-240(b)(2)(E) through (2)(I), and amendments thereto, or is an
alien lawfully admitted for temporary residence under K.S.A. 8-240(b)(2)
(B), and amendments thereto, the division may only issue a temporary
identification card to the person under the following conditions:
(A)(1) A temporary identification card issued pursuant to this
subparagraph shall be valid only during the period of time of the
applicant's authorized stay in the United States or, if there is no definite
end to the period of authorized stay, a period of one year;
(B)(2) a temporary identification card issued pursuant to this
subparagraph shall clearly indicate that it is temporary and shall state the
date upon which it expires;
(C)(3) no temporary identification card issued pursuant to this
subparagraph shall be for a longer period of time than the time period
permitted by K.S.A. 8-1325, and amendments thereto; and
(D(4) a temporary identification card issued pursuant to this
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subparagraph may be renewed, subject at the time of renewal, to the same
requirements and conditions set forth in this subsection for the issuance of
the original temporary identification card.
(d) The division shall not issue an identification card to any person
who holds a current valid Kansas driver's license unless such driver's
license has been physically surrendered pursuant to the provisions of
K.S.A. 8-1002(e), and amendments thereto.
(e) The division shall refuse to issue an identification card to a person
holding a driver's license or identification card issued by another state
without confirmation that the person is terminating or has terminated the
license or identification card.
(f) The parent or guardian of an applicant under 16 years of age shall
sign the application for an identification card submitted by such applicant.
(g) (1) The division shall require payment of a fee of $14 at the time
application for an identification card is made, except that persons who are
65 or more years of age or who are handicapped, as defined in K.S.A. 8-
1,124, and amendments thereto, shall be required to pay a fee of only $10.
In addition to the fees prescribed by this subsection, the division shall
require payment of the photo fee established pursuant to K.S.A. 8-243, and
amendments thereto, for the cost of the photograph to be placed on the
identification card.
(2) The division shall not require or accept payment of application or
photo fees under this subsection for any person 17 years of age or older for
purposes of meeting the voter identification requirements of K.S.A. 25-
2908, and amendments thereto. Such person shall:
(A) Swear under oath that such person desires an identification card
in order to vote in an election in Kansas and that such person does not
possess any of the forms of identification acceptable under K.S.A. 25-
2908, and amendments thereto. The affidavit shall specifically list the
acceptable forms of identification under K.S.A. 25-2908, and amendments
thereto; and
(B) produce evidence that such person is registered to vote in Kansas.
(3) The secretary of revenue shall adopt rules and regulations in order
to implement the provisions of paragraph (2).
(h) All Kansas identification cards shall have physical security
features designed to prevent tampering, counterfeiting or duplication for
fraudulent purposes.
(i) For the purposes of K.S.A. 8-1324 through 8-1328, and
amendments thereto, a person shall be deemed to be a resident of the state
if the person:
(1) The person Owns, leases or rents a place of domicile in this state;
(2) the person engages in a trade, business or profession in this state;
(3) the person is registered to vote in this state;
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(4) the person enrolls the person's child in a school in this state; or
(5) the person registers the person's motor vehicle in this state.
(j) The division shall require that any person applying for an
identification card submit to a mandatory facial image capture. The
captured facial image shall be displayed on the front of the applicant's
identification card by either:
(1) A digital color image or photograph; or
(2) a laser-engraved photograph of the licensee.
(k) (1) Any person who is a veteran may request that the division
issue to such person a nondriver identification card which that shall
include the designation "VETERAN" displayed on the front of the
nondriver identification card at a location to be determined by the
secretary of revenue. In order to receive a nondriver identification card
described in this subsection, the veteran must shall provide proof of the
veteran's military service and honorable discharge or general discharge
under honorable conditions, including a copy of the veteran's DD214 form
DD form 214, NGB form 22 or equivalent discharge document showing
character of service as honorable or general under honorable conditions.
(2) As used in this subsection, "veteran" means a person who:
(A) Has served in: The army, navy, marine corps, air force, coast
guard, air or army national guard or any branch of the military reserves of
the United States; and
(B) has been separated from the branch of service in which the person
was honorably discharged or received a general discharge under honorable
conditions served in the active military, naval, air or space service and
who was discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions}.
(3) The director of vehicles may adopt any rules and regulations
necessary to carry out the provisions of this subsection.
(l) The director of vehicles may issue a temporary identification card
to an applicant who cannot provide valid documentary evidence as defined
by subsection (c), if the applicant provides compelling evidence proving
current lawful presence. Any temporary identification card issued pursuant
to this subparagraph shall be valid for one year.
(m) Upon payment of the required fee, the division shall issue to
every applicant qualifying under the provisions of this act an identification
card. Such identification card shall bear a distinguishing number assigned
to the cardholder, the full legal name, date of birth, address of principal
residence, a brief description of the cardholder, either:
(1) A digital color image or photograph; or
(2) a laser engraved photograph of the cardholder, and a facsimile of
the signature of the cardholder. An identification card which does not
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contain the address of principal residence of the cardholder as required
may be issued to persons who are program participants pursuant to K.S.A.
75-455, and amendments thereto.
(n) An identification card issued to any person who indicated on the
application that the person wished to make an anatomical gift in
accordance with the revised uniform anatomical gift act, K.S.A. 65-3220
through 65-3244, and amendments thereto, shall have the word "Donor"
placed on the front of the applicant's identification card.
(o) (1) Any person who submits satisfactory proof to the director of
vehicles, on a form provided by the director, that such person needs
assistance with cognition, including, but not limited to, persons with
autism spectrum disorder, may request that the division issue to such
person a nondriver identification card, that shall note such impairment on
the nondriver identification card at a location to be determined by the
secretary of revenue.
(2) Satisfactory proof that a person needs assistance with cognition
shall include a statement from a person licensed to practice the healing arts
in any state, an advanced practice registered nurse licensed under K.S.A.
65-1131, and amendments thereto, a licensed physician assistant or a
person clinically licensed by the Kansas behavioral sciences regulatory
board certifying that such person needs assistance with cognition.
(p) (1) The secretary of revenue shall permit an electronic online
renewal of an identification card if the electronic online renewal applicant
previously provided documentation of identity, lawful presence and
residence to the division for electronic scanning. For purposes of this
subsection, the division may rely on the division's most recent, existing
color digital image and signature image of the applicant for the nondriver's
identification card if the division has such images on file. The
determination on whether an electronic online renewal application or
equivalent of a nondriver's identification card is permitted shall be made
by the director of vehicles or the director's designee. The division shall not
renew a nondriver's identification card through an electronic online or
equivalent process if the identification card has been previously renewed
through an electronic online application in the immediately preceding
card's expiration period. No renewal under this subsection shall be granted
to any person who is a registered offender pursuant to K.S.A. 22-4901 et
seq., and amendments thereto.
(2) Prior to February 1, 2023, the division shall report to the house of
representatives and the senate committees on transportation regarding the
online renewal process of this subsection and the effects of implementing
such process.
Sec. 4. K.S.A. 2023 Supp. 32-934 is hereby amended to read as
follows: 32-934. (a) Subject to the provisions of K.S.A. 32-920, and
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amendments thereto, the secretary of wildlife and parks or the secretary's
designee shall issue, free of charge, a permanent license to hunt and fish to
any person residing in the state who submits to the secretary satisfactory
proof that the person is a disabled veteran. Any such person hunting or
fishing in this state shall be subject to the provisions of all rules and
regulations relating to hunting or fishing.
(b) As used in this section, "disabled veteran" means a person who:
(1) Was a member of the armed services Served in the active
military, naval, air or space service and who was discharged or released
therefrom under conditions other than dishonorable {an} honorable
conditions {discharge or a general discharge under honorable
conditions};
(2) has separated from the armed services under honorable
conditions received a disability that was incurred or aggravated in the
line of duty in the active military, naval, air or space service; and
(3) has a disability certified by the Kansas commission on veterans
affairs office as being service-connected and such service-connected
disability is service-connected evaluation percentage equal to or greater
than 30% pursuant to 38 U.S.C. § 1101 et seq. or 10 U.S.C. § 1201 et seq.
Sec. 5. K.S.A. 2023 Supp. 48-3601 is hereby amended to read as
follows: 48-3601. (a) A current member of the armed forces of the United
States or the member's spouse or dependent child who is enrolled or has
been accepted for admission at a postsecondary educational institution as a
postsecondary student shall be deemed to be a resident of the state for the
purpose of tuition and fees for attendance at such postsecondary
educational institution.
(b) A person is entitled to pay tuition and fees at an institution of
higher education at the rates provided for Kansas residents without regard
to the length of time the person has resided in the state if the person:
(1) (A) Files a letter of intent to establish residence in the state with
the postsecondary educational institution at which the person intends to
register;
(B) lives in the state while attending the postsecondary educational
institution; and
(C) is eligible for benefits under the federal post-9/11 veterans
educational assistance act of 2008, 38 U.S.C. § 3301 et seq., or any other
federal law authorizing educational benefits for veterans;
(2) (A) is a veteran;
(B) was stationed in Kansas for at least 11 months during active
service in the armed forces or had established residency in Kansas prior to
active service in the armed forces; and
(C) lives in Kansas at the time of enrollment; or
(3) (A) is the spouse or dependent of a veteran who was stationed in
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Kansas for at least 11 months during such veteran's period of active service
in the armed forces or had established residency in Kansas prior to active
service in the armed forces; and
(B) lives in Kansas at the time of enrollment.
(c) As used in this section:
(1) "Armed forces" means the army, navy, marine corps, air force,
space force, coast guard, Kansas army or air national guard or any branch
component of the military reserves of the United States;
(2) "postsecondary educational institution" means the same as
provided defined in K.S.A. 74-3201b, and amendments thereto; and
(3) "veteran" means a person who has been separated from the armed
forces and was honorably discharged or received a general discharge under
honorable conditions served in the active military, naval, air or space
service and who was discharged or released therefrom under conditions
other than dishonorable {an} honorable conditions {discharge or a
general discharge under honorable conditions}.
(d) This section shall be a part of and supplemental to chapter 48 of
the Kansas Statutes Annotated, and amendments thereto.
Sec. 6. K.S.A. 2023 Supp. 50-676 is hereby amended to read as
follows: 50-676. As used in K.S.A. 50-676 through 50-679, and
amendments thereto:
(a) "Elder person" means a person who is 60 years of age or older.
(b) "Disabled person" means a person who has physical or mental
impairment, or both, that substantially limits one or more of such person's
major life activities.
(c) "Immediate family member" means parent, child, stepchild or
spouse.
(d) "Major life activities" includes functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
(e) "Member of the military armed forces" means a member of the
armed forces or national guard on active duty or a member of an active
reserve unit in the armed forces or national guard person performing
active service in the army, navy, marine corps, air force, space force, coast
guard or any component of the military reserves of the United States.
(f) "Physical or mental impairment" means the following:
(1) Any physiological disorder or condition, cosmetic disfigurement
or anatomical loss substantially affecting one or more of the following
body systems:
(A) Neurological;
(B) musculoskeletal;
(C) special sense organs;
(D) respiratory, including speech organs;
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(E) cardiovascular;
(F) reproductive;
(G) digestive;
(H) genitourinary;
(I) hemic and lymphatic;
(J) skin; or
(K) endocrine; or
(2) any mental or psychological disorder, such as intellectual
disability, organic brain syndrome, emotional or mental illness and specific
learning disabilities.
The term "physical or mental impairment" includes, but is not limited
to, orthopedic, visual, language and hearing disorders, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, intellectual disability and emotional illness.
(g) "Protected consumer" means:
(1) An elder person;
(2) a disabled person;
(3) a veteran;
(4) the surviving spouse of a veteran;
(5) a member of the military armed forces; and
(6) an immediate family member of a member of the military armed
forces.
(h) "Substantially limits" means:
(1) Unable to perform a major life activity that the average person in
the general population can perform; or
(2) significantly restricted as to the condition, manner or duration
under which an individual can perform a particular major life activity as
compared to the condition, manner or duration under which the average
person in the general population can perform that same major life activity.
Minor temporary ailments or injuries shall not be considered physical or
mental impairments that substantially limit a person's major life activities.
Minor temporary ailments include, but are not limited to, colds, influenza
or sprains or minor injuries.
(i) "Veteran" means a person who has served in the armed forces of
the United States and separated from the armed forces under honorable
conditions active military, naval, air or space service and who was
discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions}.
Sec. 7. K.S.A. 73-201 is hereby amended to read as follows: 73-201.
(a) As used in this act:
(1) "Veteran" means:
(A) Any person who entered the armed forces before October 15,
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1976, and separated from the armed forces under honorable conditions, if
such person served:
(i) On active duty during any war (the official dates for war service are
April 6, 1917 through July 2, 1921, and December 7, 1941 through April
28, 1952);
(ii) during the period April 28, 1952 through July 1, 1955;
(iii) in any campaign or expedition for which a campaign badge or
service medal has been authorized; or
(iv) for more than 180 consecutive days since January 31, 1955, but
before October 15, 1976, excluding an initial period of active duty for
training under the "six-month" reserve or national guard program;
(B) any person who entered the armed forces on or after October 15,
1976, and separated from the armed forces under honorable conditions, if
such person was awarded a service medal or campaign badge A person
who served in the active military, naval, air or space service and who was
discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions};
(C)(B) any person who separated from the armed forces under
honorable conditions and has a disability certified by the United States
department of veterans affairs as being service connected, has been issued
the purple heart by the United States government or has been released
from active service with a service-connected disability who:
(1) Served in the active military, naval, air or space service and who
was discharged therefrom under conditions other than dishonorable {an}
honorable conditions {discharge or a general discharge under
honorable conditions};
(2) received a disability that was incurred or aggravated in the line
of duty in the active military, naval, air or space service; and
(3) has a disability certified by the Kansas commission on veterans
affairs office as being service-connected, pursuant to 38 U.S.C. § 1101 et
seq. or 10 U.S.C. § 1201 et seq.;
(D)(C) the spouse of a service-connected disabled veteran who has a
100% service connected disability as determined by the United States
department of veteran affairs with a permanent and total combined
service-connected evaluation percentage of 100%;
(E)(D) the unremarried surviving spouse of a veteran who died while,
and as a result of, serving in armed forces in the line of duty in the active
military, naval, air or space service; and
(F)(E) the spouse of a prisoner of war, as defined by K.S.A. 75-4364,
and amendments thereto.
Notwithstanding the foregoing, the term "Veteran" shall preference in
government employment shall not apply to any person who retired from
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the active military service with the pay grade of 04 or above unless the
person retired due to wounds received in combat or is a disabled veteran
with a service-connected disability evaluation rating equal to or greater
than 10%, pursuant to 38 U.S.C. § 1101 et seq. or 10 U.S.C. § 1201 et seq.
(2) "Competent" means a good faith determination that the person is
likely to successfully meet the performance standards of the position based
on what a reasonable person knowledgeable in the operation of the
position would conclude from all information available at the time the
decision determination is made. The basis for such determination shall
include experience, training, education, licensure, certification and/or or
other factors determined by the decision-making authority as appropriate
to determine the applicant's overall qualification and ability to successfully
meet the performance standards of the position. The decision-making
authority shall document such factors prior to the initiation of the selection
process.
(3) "Disabled veteran" means a person who has:
(A) Served on in the active duty in the armed forces, has been
separated therefrom under honorable conditions, and has established the
present existence of a service-connected disability or is receiving
compensation, disability retirement benefits, or pension because of a
public statute administered by the department of veterans affairs or a
military department military, naval, air or space service and was
discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions};
(B) received a disability that was incurred or aggravated in the line
of duty in the active military, naval air or space service; and
(C) has a service-connected evaluation percentage, pursuant to 38
U.S.C. § 1101 et seq. or 10 U.S.C. § 1201 et seq.
(b) In grateful recognition of the services, sacrifices and sufferings of
veterans who served in the army, navy, air force, coast guard or marine
corps of the United States in world war I and world war II, and of persons
who have served with the armed forces of the United States during the
military, naval and air operations in Korea, Viet Nam Vietnam, Iraq,
Afghanistan or other places under the flags of the United States and the
United Nations or under the flag of the United States alone, and have been
honorably discharged therefrom, the provisions of this section are enacted.
(c) Veterans shall be preferred for initial employment and first
promotion in the state government of Kansas, and in the counties and cities
of this state, if competent to perform such services. Any veteran thus
preferred shall not be disqualified from holding any position in such
service on account of the veteran's age or by reason of any physical or
mental disability as long as such age or disability does not render the
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veteran incompetent to perform the duties of the position applied for.
When any veteran shall apply for appointment to any such position, place,
or employment, the officer, board or person whose duty it is or may be to
appoint a person to fill such position, place or employment shall, if the
applicant be a veteran of good reputation, and can competently perform
the duties of the position applied for by the veteran, consider the veteran
for appointment to such position, place, or employment. Within 30 days of
filling a position, eligible veterans who have applied and are not hired
shall be notified by certified mail or personal service that they are not
being hired. Such notice also shall advise the veteran of any administrative
appeal available.
(d) The provisions of this act shall not be applicable to any persons
classed as conscientious objectors. The provisions of this act shall not be
controlling over the provisions of any statute, county resolution or city
ordinance relating to retirement, or termination on the basis of age, of
employees of the state or any county or city. Whenever under any statute,
county resolution or city ordinance, retirement, or termination on the basis
of age, of any employee is required at a certain age, or is optional with the
employer at a certain age, such provisions of such statute, resolution or
ordinance shall be controlling and shall not be limited by this section.
(e) (1) All notices of job openings, if any, and all applications for
employment, if any, by the state and any city or county in this state shall
state that the job is subject to a veteran's preference, how the preference
works and how veterans may take advantage of the preference and post a
written statement of:
(1)(A) The qualifications for such position;
(2)(B) any preferred qualifications of such position;
(3)(C) performance standards for the position; and
(4)(D) the process that will be used for selection.
(2) A veteran, or a veteran's spouse or surviving spouse who qualifies
for the veteran's preference, desiring to use a veteran's preference shall
provide the hiring authority with a copy of the veteran's DD214 form or
the DD214 form of the veteran DD form 214, DD form 1300, NGB form
22 or other official discharge document recognized by the department of
veterans affairs under which the spouse qualifies for the preference.
(f) Every employment center of the state and any city or county
human resources department, if any, shall openly display documents that
indicate that veterans are eligible for a preference in their initial
employment and any first promotion within the employment of the
governmental entity.
(g) Any veteran who alleges that a state agency, city or county has not
provided the veterans preference as required by this act, after exhausting
any available administrative remedy, may bring an action in the district
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court.
Sec. 8. K.S.A. 73-230 is hereby amended to read as follows: 73-230.
(a) In awarding any contract for the performance of any job or service for
which moneys appropriated are to be expended, the secretary of
administration, or the secretary's designee, shall give a preference to
disabled veteran businesses doing business as Kansas firms, corporations
or individuals, or which that maintain Kansas offices or places of business
and shall have the goal of awarding at least 3% of all such contracts to
disabled veteran businesses.
(b) On or before October 1, 2015, the secretary of administration
shall file with the Kansas commission on veterans affairs a report of the
number of contracts awarded to disabled veteran businesses during the
fiscal year ending June 30, 2015, and the number of such businesses that
responded to solicitations of bids or proposals issued by the department of
administration during such fiscal year.
(c) As used in this section:
(1) "Disabled veteran" means a person who has:
(A) Served in the armed forces of the United States and who is
entitled to compensation for a service-connected disability, according to
the laws administered by the veterans administration, or who is entitled to
compensation for the loss, or permanent loss of use, of one or both feet or
one or both hands, or for permanent visual impairment of both eyes to a
prescribed degree active military, naval, air or space service and who was
discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions};
(B) received a disability that was incurred or aggravated in the line
of duty in the active military, naval, air or space service; and
(C) has a service-connected evaluation percentage equal to or
greater than 10%, pursuant to 38 U.S.C. § 1101 et seq. or 10 U.S.C. §
1201 et seq.
(2) "Disabled veteran business" means a business:
(A) Not less than 51% of which such business is owned by one or more
disabled veterans or, in the case of a publicly owned business, not less than
51% of the stock of which such business is owned by one or more disabled
veterans; and
(B) the management and daily business operations of which such
business are controlled by one or more disabled veterans.
Sec. 9. K.S.A. 73-1222 is hereby amended to read as follows: 73-
1222. As used in K.S.A. 73-1221 through 73-1231, and amendments
thereto, unless the context clearly indicates otherwise:
(a) "Birth defect" means any physical or mental abnormality or
condition, including any susceptibility to any illness or condition other
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than normal childhood illnesses or conditions.
(b) "Board" means the Persian Gulf War veterans health initiative
board established by K.S.A. 73-1223, and amendments thereto.
(c) "Director" means the director of the Kansas commission on
veterans affairs office.
(d) "Gulf War syndrome" means the wide range of physical and
mental conditions, problems and illnesses that are connected with service
in the armed forces of the United States during and in the area of
operations of the Persian Gulf War.
(e) "Veteran" means a person who is a resident of Kansas who was a
member of the armed forces of the United States of America served in the
active military, naval or air service and who served in such armed forces
performed active service in the area of operations of the Persian Gulf War
during the Persian Gulf War or thereafter regardless of whether such
person is still actively serving in the armed forces or reserve.
Sec. 10. K.S.A. 73-1239 is hereby amended to read as follows: 73-
1239. The Vietnam war era medallion, medal and a certificate shall be
awarded regardless of whether or not such veteran served within the
United States or in a foreign country. The medallion, medal and the
certificate shall be awarded regardless of whether or not such veteran was
under eighteen years of age at the time of enlistment entry to active
service. For purposes of this bill section, "veteran" means any a person
defined as a veteran by the United States department of veterans' affairs or
its successor agency who served in the active military, naval, air or space
service and who was discharged under conditions other than dishonorable
{an} honorable conditions {discharge or a general discharge under
honorable conditions}. The director of the Kansas commission on
veterans affairs office shall administer the program and shall adopt all
rules and regulations necessary to administer the program. The agency
shall determine as expeditiously as possible the persons who are entitled to
a Vietnam war era medallion, medal and a certificate and distribute the
medallions, medals and the certificates. Applications for the Vietnam war
era medallion, medal and the certificate shall be filed with the director of
the Kansas commission on veterans affairs office at any time after January
1, 2010, on forms prescribed and furnished by the director of the Kansas
commission on veterans affairs office. The deputy director of veteran
services shall approve all applications that are in order, and shall cause a
Vietnam war era medallion, medal and a certificate to be prepared for each
approved veteran in the form approved by the director of the Kansas
commission on veterans affairs office. The deputy director of veteran
services shall review applications for the Vietnam war era medallion,
medal and a certificate to ensure recipients are enrolled for eligible federal
benefits.
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Sec. 11. K.S.A. 2023 Supp. 75-3740 is hereby amended to read as
follows: 75-3740. (a) Except as provided by K.S.A. 75-3740b, and
amendments thereto, and subsections (b) and (k), all contracts and
purchases made by or under the supervision of the director of purchases or
any state agency for which competitive bids are required shall be awarded
to the lowest responsible bidder, taking into consideration conformity with
the specifications, terms of delivery, and other conditions imposed in the
call for bids.
(b) A contract shall be awarded to a certified business or disabled
veteran business which is also a responsible bidder, whose total bid cost is
not more than 10% higher than the lowest competitive bid. Such contract
shall contain a promise by the certified business that the percentage of
employees that are individuals with disabilities will be maintained
throughout the contract term and a condition that the certified business
shall not subcontract for goods or services in an aggregate amount of more
than 25% of the total bid cost.
(c) The director of purchases shall have power to decide as to the
lowest responsible bidder for all purchases, but if:
(1) (A) A responsible bidder purchases from a qualified vendor goods
or services on the list certified by the director of purchases pursuant to
K.S.A. 75-3317 et seq., and amendments thereto, the dollar amount of
such purchases made during the previous fiscal year shall be deducted
from the original bid received from such bidder for the purpose of
determining the lowest responsible bid, except that such deduction shall
not exceed 10% of the original bid received from such bidder; or
(B) a responsible bidder purchases from a certified business the dollar
amount of such purchases made during the previous fiscal year shall be
deducted from the original bid received from such bidder for the purpose
of determining the lowest responsible bid, except that such deduction shall
not exceed 10% of the original bid received from such bidder;
(2) the dollar amount of the bid received from the lowest responsible
bidder from within the state is identical to the dollar amount of the bid
received from the lowest responsible bidder from without the state, the
contract shall be awarded to the bidder from within the state; and
(3) in the case of bids for paper products specified in K.S.A. 75-
3740b, and amendments thereto, the dollar amounts of the bids received
from two or more lowest responsible bidders are identical, the contract
shall be awarded to the bidder whose bid is for those paper products
containing the highest percentage of recycled materials.
(d) (1) Any or all bids may be rejected, and a bid shall be rejected if it
contains any material alteration or erasure made after the bid is opened.
The director of purchases may reject the bid of any bidder who is in
arrears on taxes due the state, who is not properly registered to collect and
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remit taxes due the state or who has failed to perform satisfactorily on a
previous contract with the state. The secretary of revenue is hereby
authorized to exchange such information with the director of purchases as
is necessary to effectuate the preceding sentence notwithstanding any other
provision of law prohibiting disclosure of the contents of taxpayer records
or information. Prior to determining the lowest responsible bidder on
contracts for construction of buildings or for major repairs or
improvements to buildings for state agencies, the director of purchases
shall consider the:
(A) Criteria and information developed by the secretary of
administration, with the advice of the state building advisory commission
to rate contractors on the basis of their performance under similar contracts
with the state, local governmental entities and private entities, in addition
to other criteria and information available; and
(B) recommendations of the project architect, or, if there is no project
architect, the recommendations of the secretary of administration or the
agency architect for the project as provided in K.S.A. 75-1254, and
amendments thereto.
(2) In any case where competitive bids are required and where all
bids are rejected, new bids shall be called for as in the first instance, unless
otherwise expressly provided by law or the state agency elects not to
proceed with the procurement.
(e) Before the awarding of any contract for construction of a building
or the making of repairs or improvements upon any building for a state
agency, the director of purchases shall receive written approval from the
state agency for which the building construction project has been
approved, that the bids generally conform with the plans and specifications
prepared by the project architect, by the secretary of administration or by
the agency architect for the project, as the case may be, so as to avoid error
and mistake on the part of the contractors. In all cases where material
described in a contract can be obtained from any state institution, the
director of purchases shall exclude the same from the contract.
(f) All bids with the names of the bidders and the amounts thereof,
together with all documents pertaining to the award of a contract, shall be
made a part of a file or record and retained by the director of purchases for
five years, unless reproduced as provided in K.S.A. 75-3737, and
amendments thereto, and shall be open to public inspection at all
reasonable times.
(g) As used in this section:
(1) "Certified business" means any business certified as provided by
subsection (l) by the department of administration that is a sole
proprietorship, partnership, association or corporation domiciled in
Kansas, or any corporation, even if a wholly owned subsidiary of a foreign
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corporation, that:
(A) Does business primarily in Kansas or substantially all of its
production in Kansas;
(B) employs at least 10% of its employees who are individuals with
disabilities and reside in Kansas;
(C) offers to contribute at least 75% of the premium cost for
individual health insurance coverage for each employee. The department
of administration shall require a certification of these facts as a condition
to the certified business being awarded a contract pursuant to subsection
(b); and
(D) does not employ individuals under a certificate issued by the
United States secretary of labor under 29 U.S.C. § 214(c);
(2) "individuals with disabilities" or "individual with a disability"
means any individual who:
(A) Is certified by the Kansas department for aging and disability
services or by the Kansas department for children and families which
administers the rehabilitation services program as having a physical or
mental impairment that constitutes a substantial barrier to employment;
(B) works a minimum number of hours per week for a certified
business necessary to qualify for health insurance coverage offered
pursuant to subsection (g)(1); and
(C) (i) is receiving services, has received services or is eligible to
receive services under a home and community based services program, as
defined by K.S.A. 39-7,100, and amendments thereto;
(ii) is employed by a charitable organization domiciled in the state of
Kansas and exempt from federal income taxation pursuant to section
501(c)(3) of the federal internal revenue code of 1986, as amended; or
(iii) is an individual with a disability pursuant to the disability
standards established by the social security administration as determined
by the Kansas disability determination services under the Kansas
department for children and families;
(3) "physical or mental impairment" means:
(A) Any physiological disorder or condition, cosmetic disfigurement
or anatomical loss substantially affecting one or more of the following
body systems:
(i) Neurological;
(ii) musculoskeletal;
(iii) special sense organs;
(iv) respiratory, including speech organs;
(v) cardiovascular;
(vi) reproductive;
(vii) digestive;
(viii) genitourinary;
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(ix) hemic and lymphatic;
(x) skin; or
(xi) endocrine; or
(B) any mental or psychological disorder, such as intellectual
disability, organic brain syndrome, mental illness and specific learning
disabilities. The term "physical or mental impairment" includes, but is not
limited to, orthopedic, visual, language and hearing disorders, cerebral
palsy, epilepsy, muscular dystrophy, multiple sclerosis and intellectual
disability; and
(4) "project architect" means the same as defined in K.S.A. 75-1251,
and amendments thereto;
(5) "disabled veteran" means a person verified by the Kansas
commission on veterans affairs office to have served in the armed forces of
the United States and who is entitled to compensation for a service-
connected disability, according to the laws administered by the United
States department of veterans affairs, or who is entitled to compensation
for the loss, or permanent loss of use, of one or both feet or one or both
hands, or for permanent visual impairment of both eyes to a prescribed
degree who:
(A) Served in the active military, naval, air or space service and who
was discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions};
(B) received a disability that was incurred or aggravated in the line
of duty in the active military, naval, air or space service; and
(C) has a service-connected evaluation percentage equal to or
greater than 10%, pursuant to 38 U.S.C. § 1101 et seq. or 10 U.S.C. §
1201 et seq; and
(6) "disabled veteran business" means a business certified annually
by the department of administration that is a sole proprietorship,
partnership, association or corporation domiciled in Kansas, or any
corporation, even if a wholly owned subsidiary of a foreign corporation,
and is verified by the Kansas commission on veterans affairs office that:
(A) Not less than 51% of such business is owned by one or more
disabled veterans or, in the case of a publicly owned business, not less than
51% of such business of the stock is owned by one or more disabled
veterans;
(B) the management and daily business operations of such business
are controlled by one or more disabled veterans; and
(C) such business maintains the requirements of subparagraphs (A)
and (B) during the entire contract term.
(h) Any state agency authorized by the director of purchases to make
purchases pursuant to K.S.A. 75-3739(e), and amendments thereto, shall
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consider any unsolicited proposal for goods or services under this section.
(i) The secretary of administration and the secretary for aging and
disability services, jointly, shall adopt rules and regulations as necessary to
effectuate the purpose of this section.
(j) At the beginning of each regular session of the legislature, the
secretary of administration and the secretary for aging and disability
services shall submit to the social services budget committee of the house
of representatives and the appropriate subcommittee of the committee on
ways and means of the senate, a written report on the number of:
(1) Certified businesses certified by the department of administration
during the previous fiscal year;
(2) certified businesses awarded contracts pursuant to subsection (b)
during the previous fiscal year;
(3) contracts awarded pursuant to subsection (b) to each certified
business during the previous fiscal year;
(4) individuals with disabilities removed from, reinstated to or not
reinstated to home and community based services or other medicaid
program services during the previous fiscal year as a result of employment
with a certified business;
(5) individuals employed by each certified business during the
previous fiscal year; and
(6) individuals with disabilities employed by each certified business
during the previous fiscal year.
(k) When a state agency is receiving bids to purchase passenger
motor vehicles, such agency shall follow the procedures prescribed in
subsection (c)(2), except in the case where one of the responsible bidders
offers motor vehicles that are assembled in Kansas. In such a case, 3% of
the bid of the responsible bidder that offers motor vehicles assembled in
Kansas shall be subtracted from the bid amount, and that amount shall be
used to determine the lowest bid pursuant to subsection (c)(2). This
subsection shall only apply to bids that match the exact motor vehicle
specifications of the agency purchasing passenger motor vehicles.
(l) The secretary of administration shall certify that a business meets
the requirements for a certified business as defined in subsection (g), and
shall recertify such business as having met such requirements every three
years thereafter.
Sec. 12. K.S.A. 2023 Supp. 79-4502 is hereby amended to read as
follows: 79-4502. As used in this act, unless the context clearly indicates
otherwise:
(a) "Income" means the sum of adjusted gross income under the
Kansas income tax act effective for tax year 2013 and thereafter without
regard to any modifications pursuant to K.S.A. 79-32,117(b)(xx) through
(xxiii) and (c)(xx), and amendments thereto, maintenance, support money,
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cash public assistance and relief, not including any refund granted under
this act, the gross amount of any pension or annuity, including all
monetary retirement benefits from whatever source derived, including but
not limited to, all payments received under the railroad retirement act,
except disability payments, payments received under the federal social
security act, except that for determination of what constitutes income such
amount shall not exceed 50% of any such social security payments and
shall not include any social security payments to a claimant who prior to
attaining full retirement age had been receiving disability payments under
the federal social security act in an amount not to exceed the amount of
such disability payments or 50% of any such social security payments,
whichever is greater, all dividends and interest from whatever source
derived not included in adjusted gross income, workers compensation and
the gross amount of "loss of time" insurance. Income does not include gifts
from nongovernmental sources or surplus food or other relief in kind
supplied by a governmental agency, nor shall net operating losses and net
capital losses be considered in the determination of income. Income does
not include veterans disability pensions compensation. Income does not
include disability payments received under the federal social security act.
(b) "Household" means a claimant, a claimant and spouse who
occupy the homestead or a claimant and one or more individuals not
related as husband and wife who together occupy a homestead.
(c) "Household income" means all income received by all persons of
a household in a calendar year while members of such household.
(d) "Homestead" means the dwelling, or any part thereof, owned and
occupied as a residence by the household and so much of the land
surrounding it, as defined as a home site for ad valorem tax purposes, and
may consist of a part of a multi-dwelling or multi-purpose building and a
part of the land upon which it is built or a manufactured home or mobile
home and the land upon which it is situated. "Owned" includes a vendee in
possession under a land contract, a life tenant, a beneficiary under a trust
and one or more joint tenants or tenants in common.
(e) "Claimant" means a person who has filed a claim under the
provisions of this act and was, during the entire calendar year preceding
the year in which such claim was filed for refund under this act, except as
provided in K.S.A. 79-4503, and amendments thereto, both domiciled in
this state and was:
(1) For purposes of a claim under K.S.A. 79-4508, and amendments
thereto:
(A) A person having a disability;
(B) a person who is 55 years of age or older;
(C) a disabled veteran;
(D) the surviving spouse of active duty military personnel a deceased
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member of the armed forces who died in the line of duty during a period
of active service; or
(E) a person other than a person included under subparagraph (A),
(B), (C) or (D) having one or more dependent children under 18 years of
age residing at the person's homestead during the calendar year
immediately preceding the year in which a claim is filed under this act; or
(2) for purposes of a claim under K.S.A. 2023 Supp. 79-4508a, and
amendments thereto:
(A) A person who is 65 years of age or older; or
(B) a disabled veteran.
The surviving spouse of a disabled veteran who was receiving benefits
pursuant to subsection (e)(1)(C) at the time of the veterans' death, shall be
eligible to continue to receive benefits until such time the surviving spouse
remarries.
When a homestead is occupied by two or more individuals and more
than one of the individuals is able to qualify as a claimant, the individuals
may determine between them as to whom the claimant will be. If they are
unable to agree, the matter shall be referred to the secretary of revenue
whose decision shall be final.
(f) "Property taxes accrued" means property taxes, exclusive of
special assessments, delinquent interest and charges for service, levied on
a claimant's homestead in 1979 or any calendar year thereafter by the state
of Kansas and the political and taxing subdivisions of the state. When a
homestead is owned by two or more persons or entities as joint tenants or
tenants in common and one or more of the persons or entities is not a
member of claimant's household, "property taxes accrued" is that part of
property taxes levied on the homestead that reflects the ownership
percentage of the claimant's household. For purposes of this act, property
taxes are "levied" when the tax roll is delivered to the local treasurer with
the treasurer's warrant for collection. When a claimant and household own
their homestead part of a calendar year, "property taxes accrued" means
only taxes levied on the homestead when both owned and occupied as a
homestead by the claimant's household at the time of the levy, multiplied
by the percentage of 12 months that the property was owned and occupied
by the household as its homestead in the year. When a household owns and
occupies two or more different homesteads in the same calendar year,
property taxes accrued shall be the sum of the taxes allocable to those
several properties while occupied by the household as its homestead
during the year. Whenever a homestead is an integral part of a larger unit
such as a multi-purpose or multi-dwelling building, property taxes accrued
shall be that percentage of the total property taxes accrued as the value of
the homestead is of the total value. For the purpose of this act, the word
"unit" refers to that parcel of property covered by a single tax statement of
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which the homestead is a part.
(g) "Disability" means:
(1) Inability to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment which can be
expected to result in death or has lasted or can be expected to last for a
continuous period of not less than 12 months, and an individual shall be
determined to be under a disability only if the physical or mental
impairment or impairments are of such severity that the individual is not
only unable to do the individual's previous work but cannot, considering
age, education and work experience, engage in any other kind of
substantial gainful work which exists in the national economy, regardless
of whether such work exists in the immediate area in which the individual
lives or whether a specific job vacancy exists for the individual, or whether
the individual would be hired if application was made for work. For
purposes of the preceding sentence (with respect to any individual), "work
which exists in the national economy" means work which exists in
significant numbers either in the region where the individual lives or in
several regions of the country; for purposes of this subsection, a "physical
or mental impairment" is an impairment that results from anatomical,
physiological or psychological abnormalities which are demonstrable by
medically acceptable clinical and laboratory diagnostic techniques; or
(2) blindness and inability by reason of blindness to engage in
substantial gainful activity requiring skills or abilities comparable to those
of any gainful activity in which the individual has previously engaged with
some regularity and over a substantial period of time.
(h) "Blindness" means central visual acuity of
20
/200 or less in the
better eye with the use of a correcting lens. An eye which is accompanied
by a limitation in the fields of vision such that the widest diameter of the
visual field subtends an angle no greater than 20 degrees shall be
considered for the purpose of this paragraph as having a central visual
acuity of
20
/200 or less.
(i) "Disabled veteran" means a person who is a resident of Kansas
and has been honorably discharged from active service in any branch of
the armed forces of the United States or Kansas national guard and who
has been certified by the United States department of veterans affairs or its
successor to have a 50% or greater permanent disability sustained through
military action or accident or resulting from disease contracted while in
such active service who:
(1) Served in the active military, naval, air or space service and who
was discharged or released therefrom under conditions other than
dishonorable {an} honorable conditions {discharge or a general
discharge under honorable conditions};
(2) received a disability that was incurred or aggravated in the line
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of duty in the active military, naval, air or space service; and
(3) has a service-connected evaluation percentage equal to or greater
than 50%, pursuant to 38 U.S.C. § 1101 et seq. or 10 U.S.C. § 1201 et seq.
Sec. 13. K.S.A. 8-160, 8-243, 8-1324, 73-201, 73-230, 73-1222 and
73-1239 and K.S.A. 2023 Supp. 32-934, 48-3601, 50-676, 75-3740 and
79-4502 are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its
publication in the statute book.
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