As Amended by House Committee
Session of 2023
SENATE BILL No. 123
By Senators Pittman and Peck
1-31
AN ACT concerning postsecondary education; relating to residency
determination of certain students; deeming veterans and dependents or
spouses of such veterans who were stationed in the state for at least 11
months as residents for purposes of tuition and fees; amending K.S.A.
2022 Supp. 48-3601 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 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 permanently stationed in Kansas for at least 11 months
during service in the armed forces or had established residency in Kansas
prior to 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 permanently
stationed in Kansas for at least 11 months during such veteran's service in
the armed forces or had established residency in Kansas prior to service in
the armed forces; and
(B) lives in Kansas at the time of enrollment.
(c) As used in this section:
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36 SB 123—Am. by HC 2
(1) "Armed forces" means the army, navy, marine corps, air force,
coast guard, Kansas army or air national guard or any branch of the
military reserves of the United States;
(2) "postsecondary educational institution" means the same as
provided in K.S.A. 74-3201b, and amendments thereto; and
(3) "school year 2015-2016" means July 1, 2015 through June 30,
2016; and
(4) "veteran" means a person who has been separated from the armed
forces and was honorably discharged or received a general discharge under
honorable conditions.
(d) Any person enrolled in a postsecondary educational institution at
any time during school year 2015-2016 who would have been entitled to
tuition and fee rates for a Kansas resident pursuant to subsection (b)(2) or
(3) had such subsection been in effect, but who paid more than such tuition
and fee rates for school year 2015-2016 shall be entitled to reimbursement
of the difference between any tuition and fee rates such person paid for
school year 2015-2016 and the tuition and fee rate such person would have
paid as a Kansas resident if such subsection had been in effect.
(e) This section shall be a part of and supplemental to chapter 48 of
the Kansas Statutes Annotated, and amendments thereto.
Sec. 2. K.S.A. 2022 Supp. 48-3601 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book Kansas register.
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