Session of 2025
HOUSE BILL No. 2273
By Committee on Veterans and Military
Requested by Rob Leicht on behalf of the Kansas Office of Veterans Services
2-5
AN ACT concerning veterans and military; modifying the definition of
veteran and disabled veteran; adding a citation to the federal register to
definitions of veteran and disabled veteran; amending K.S.A. 2024
Supp. 8-1,221, 8-243, 8-1324, 32-934, 48-3601, 50-676, 73-201, 73-
230, 73-1239, 73-1244, 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. 2024 Supp. 8-160 is hereby amended to read as
follows: 8-160. As used in this act, "disabled veteran" means a person
who:
(a) Served in the active military, naval, air or space service, including
those groups and individuals listed under 38 C.F.R. § 3.7, and who was
discharged or released therefrom under an honorable 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. 2024 Supp. 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 that 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 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
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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 that 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
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
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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 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 shall provide a copy of the
veteran's 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 served
in the active military, naval, air or space service, including those groups
and individuals listed under 38 C.F.R. § 3.7, and who was discharged or
released therefrom under an honorable 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. 2024 Supp. 8-1,221 is hereby amended to read as
follows: 8-1,221. (a) On and after January 1, 2025, any owner or lessee of
one or more passenger vehicles, trucks of a gross weight of 20,000 pounds
or less or motorcycles, who is a resident of Kansas, and who submits
satisfactory proof to the director of vehicles that such person is currently
serving in any unit of the 1
st
infantry division, the Fort Riley garrison or a
unit assigned to the Fort Riley garrison or has separated from the United
States military, was honorably discharged and served an assignment of at
least nine months in any unit of the 1
st
infantry division, the Fort Riley
garrison or any unit assigned to the Fort Riley garrison may be issued one
1
st
infantry division license plate for each such passenger vehicle, truck or
motorcycle. Such license plate shall be issued for the same period of time
as other license plates upon proper registration and payment of the regular
license fee as provided in K.S.A. 8-143, and amendments thereto.
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(b) Any person who meets the criteria in subsection (a) may make
application for such distinctive license plate, not less than 60 days prior to
such person's renewal of registration date, on a form prescribed and
furnished by the director of vehicles. Any applicant for the distinctive
license plate shall furnish the director with proof as the director shall
require that the applicant is currently serving in the 1
st
infantry division or
is a retired member or veteran that was assigned to the 1
st
infantry division
or Fort Riley garrison. Application for the registration of a passenger
vehicle, truck or motorcycle and issuance of the license plate under this
section shall be made by the owner or lessee in a manner prescribed by the
director of vehicles upon forms furnished by the director.
(c) No registration or distinctive license plate issued under the
authority of this section shall be transferable to any other person.
(d) Renewals of registration under this section shall be made
annually, upon payment of the fee prescribed in K.S.A. 8-143, and
amendments thereto, and in the manner prescribed in K.S.A. 8-132, and
amendments thereto. No renewal of registration shall be made to any
applicant until such applicant has filed with the director a form as provided
in subsection (b). If such form is not filed, the applicant shall be required
to comply with K.S.A. 8-143, and amendments thereto, and return the
distinctive license plate to the county treasurer of such person's residence.
(e) Upon satisfactory proof submitted to the director of vehicles, any
person issued a license plate under this section may request that the license
plate be printed to indicate that such person is a veteran or retired member
of the 1
st
infantry division or Fort Riley garrison.
(f) As used in this section, "veteran" means a person who served in
the active military, naval, air or space service, including those groups and
individuals listed under 38 C.F.R. § 3.7.
Sec. 4. K.S.A. 2024 Supp. 8-1324 is hereby amended to read as
follows: 8-1324. (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
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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:
(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;
(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;
(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
(4) a temporary identification card issued pursuant to this
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
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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) Owns, leases or rents a place of domicile in this state;
(2) engages in a trade, business or profession in this state;
(3) is registered to vote in this state;
(4) enrolls the person's child in a school in this state; or
(5) 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 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 shall provide a copy of the veteran's DD form
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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 served
in the active military, naval, air or space service, including those groups
and individuals listed under 38 C.F.R. § 3.7, and who was discharged or
released therefrom under an honorable 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 that does not 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.
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(p) 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.
Sec. 5. K.S.A. 2024 Supp. 32-934 is hereby amended to read as
follows: 32-934. (a) Subject to the provisions of K.S.A. 32-920, and
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) Served in the active military, naval, air or space service, including
those groups and individuals listed under 38 C.F.R. § 3.7, and who was
discharged or released therefrom under an honorable 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 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. 6. K.S.A. 2024 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:
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(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
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
component of the military reserves of the United States;
(2) "postsecondary educational institution" means the same as defined
in K.S.A. 74-3201b, and amendments thereto; and
(3) "veteran" means a person who served in the active military, naval,
air or space service, including those groups and individuals listed under
38 C.F.R. § 3.7, and who was discharged or released therefrom under an
honorable 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. 7. K.S.A. 2024 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 armed forces" means a person performing active
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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;
(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 armed forces; and
(6) an immediate family member of a member of the 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 served in the active military, naval,
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air or space service, including those groups and individuals listed under
38 C.F.R. § 3.7, and who was discharged or released therefrom under an
honorable discharge or a general discharge under honorable conditions.
Sec. 8. K.S.A. 2024 Supp. 73-201 is hereby amended to read as
follows: 73-201. (a) As used in this act:
(1) "Veteran" means:
(A) A person who served in the active military, naval, air or space
service, including those groups and individuals listed under 38 C.F.R. §
3.7, and who was discharged or released therefrom under an honorable
discharge or a general discharge under honorable conditions;
(B) any person who has been issued the purple heart by the United
States government or who:
(1)(i) Served in the active military, naval, air or space service,
including those groups and individuals listed under 38 C.F.R. § 3.7, and
who was discharged therefrom under an honorable discharge or a general
discharge under honorable conditions;
(2)(ii) received a disability that was incurred or aggravated in the line
of duty in the active military, naval, air or space service, including those
groups and individuals listed under 38 C.F.R. § 3.7; and
(3)(iii) has a disability certified by the Kansas commission on
veterans affairs office office of veterans services as being service-
connected, pursuant to 38 U.S.C. § 1101 et seq. or 10 U.S.C. § 1201 et
seq.;
(C) the spouse of a service-connected disabled veteran with a
permanent and total combined service-connected evaluation percentage of
100%;
(D) the surviving spouse of a veteran who died in the line of duty in
the active military, naval, air or space service; and
(E) the spouse of a prisoner of war, as defined by K.S.A. 75-4364,
and amendments thereto.
Veteran preference in government employment shall not apply to any
person who retired from 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
determination is made. The basis for such determination shall include
experience, training, education, licensure, certification or other factors
determined by the decision-making authority as appropriate to determine
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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:
(A) Served in the active military, naval, air or space service,
including those groups and individuals listed under 38 C.F.R. § 3.7, and
was discharged or released therefrom under an honorable 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, including those
groups and individuals listed under 38 C.F.R. § 3.7; 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, 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
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,
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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 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:
(A) The qualifications for such position;
(B) any preferred qualifications of such position;
(C) performance standards for the position; and
(D) the process that will be used for selection.
(2) A veteran, 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 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
court.
Sec. 9. K.S.A. 2024 Supp. 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 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) As used in this section:
(1) "Disabled veteran" means a person who:
(A) Served in the active military, naval, air or space service,
including those groups and individuals listed under 38 C.F.R. § 3.7, and
who was discharged or released therefrom under an honorable discharge or
a general discharge under honorable conditions;
(B) received a disability that was incurred or aggravated in the line of
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duty in the active military, naval, air or space service;
(C) has a 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.
(2) "Disabled veteran business" means a business: (A) Not less than
51% of which 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 is
owned by one or more disabled veterans; and (B) the management and
daily business operations of which are controlled by one or more disabled
veterans.
Sec. 10. K.S.A. 2024 Supp. 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 18 years of age at the time of entry into active service. For purposes
of this section, "veteran" means a person who served in the active military,
naval, air or space service, including those groups and individuals listed
under 38 C.F.R. § 3.7, and who was discharged under an honorable
discharge or a general discharge under honorable conditions. The director
of the Kansas office of veterans services shall administer the program and
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 office of veterans services on forms prescribed
and furnished by the director of the Kansas office of veterans services. 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 office of veterans services. 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.
Sec. 11. K.S.A. 2024 Supp. 73-1244 is hereby amended to read as
follows: 73-1244. (a) As used in this section:
(1) "Service-connected disability" means, regarding disability or
death, that such disability was incurred or aggravated, or that such death
resulted from a disability incurred or aggravated, in the line of duty in the
active military, naval, air or space service; and
(2) "veteran" means a person who served in the active military, naval,
air or space service, including those groups and individuals listed under
38 C.F.R. § 3.7, and was discharged or released therefrom under conditions
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other than dishonorable.
(b) No state agency or municipality, as defined in K.S.A. 12-105a,
and amendments thereto, shall request or demand any other document or
improvise an authentication procedure to determine eligibility for any
benefit derived from a service-connected disability suffered by a Kansas
veteran, except the following:
(1) A United States passport as defined in 22 C.F.R. 53.1;
(2) an unexpired real I.D. state driver's license as defined in 6 C.F.R.
37;
(3) a veterans health identity card issued by the United States
department of veterans affairs;
(4) a veterans identification card issued under the authority of 38
U.S.C. § 5706;
(5) a common access card issued by the United States department of
defense; or
(6) any department of defense identity cards listed in 32 C.F.R.
161(b).
Sec. 12. K.S.A. 2024 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
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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
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
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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
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
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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;
(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. "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;
(4) "project architect" means the same as defined in K.S.A. 75-1251,
and amendments thereto;
(5) "disabled veteran" means a person who:
(A) Served in the active military, naval, air or space service,
including those groups and individuals listed under 38 C.F.R. § 3.7, and
who was discharged or released therefrom under an honorable 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 office of veterans services that:
(A) Not less than 51% of such business is owned by one or more
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disabled veterans or, in the case of a publicly owned business, not less than
51% 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
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
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years thereafter.
Sec. 13. K.S.A. 2024 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,
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 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
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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 a deceased 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. 2024 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,
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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
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 who:
(1) Served in the active military, naval, air or space service, including
those groups and individuals listed under 38 C.F.R. § 3.7, and who was
discharged or released therefrom under an honorable discharge or a
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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, including those
groups and individuals listed under 38 C.F.R. § 3.7; 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. 14. K.S.A. 2024 Supp. 8-160, 8-1,221, 8-243, 8-1324, 32-934,
48-3601, 50-676, 73-201, 73-230, 73-1239, 73-1244, 75-3740 and 79-
4502 are hereby repealed.
Sec. 15. This act shall take effect and be in force from and after its
publication in the statute book.
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