Session of 2025
SENATE BILL No. 106
By Committee on Federal and State Affairs
1-29
AN ACT concerning veterans; relating to forms of identification;
permitting homeless veterans to use alternative forms of proof of
identity and residency when applying for nondriver identification cards;
eliminating fees for homeless veterans to obtain birth certificates for
purposes of nondriver identification card applications; amending
K.S.A. 2024 Supp. 8-1324 and 65-2418 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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,
except as provided in subsection (k)(2), 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.
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(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 subsection 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 subsection 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 subsection 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 subsection 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:
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(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
214, NGB form 22 or equivalent discharge document showing character of
service as honorable or general under honorable conditions.
(2) (A) Any person who is a veteran and is homeless may apply for
and be issued an identification card pursuant to this section without
providing an address of principal residence.
(B) In addition to any documents proving identity and residency in
Kansas accepted for an application for an identification card pursuant to
this section, a homeless veteran may provide and the division shall accept
a letter or certificate from the Kansas office of veterans services, the
Kansas soldiers' home, the Kansas veterans' home, any veterans services
medical center located in Kansas, any jail or correctional facility or any
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nonprofit organization located in Kansas for the provision of services for
the homeless verifying such applicant resides at or receives services from
such entity, and either:
(i) Copies or digital forms of accepted documents for proof of identity
in lieu of original documents; or
(ii) certain expired forms of identification, including, but not limited
to, common access cards, Kansas driver's licenses or Kansas voter
registration cards.
(3) As used in this subsection, "veteran" means a person who served
in the active military, naval, air or space service and who was discharged
or released therefrom under an honorable discharge or a general discharge
under honorable conditions.
(3)(4) 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, except as provided in subsection (k)(2), 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, or persons who meet the qualifications and
apply for an identification card under the conditions described in
subsection (k)(2).
(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
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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) 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. 2. K.S.A. 2024 Supp. 65-2418 is hereby amended to read as
follows: 65-2418. (a) (1) The secretary shall fix and charge by rules and
regulations the fees to be paid for certified copies or abstracts of
certificates or for search of the files for birth, death, fetal death, marriage
or divorce records when no certified copy or abstract is made. Except as
otherwise provided in this section, the secretary shall remit all moneys
received by or for the secretary from fees, charges or penalties, under the
uniform vital statistics act, and amendments thereto, to the state treasurer
in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the civil
registration and health statistics fee fund created by K.S.A. 65-2418e, and
amendments thereto.
(2) The secretary shall not charge any fee for a certified copy of a
certificate or abstract or for a search of the files or records if the certificate,
abstract or search is requested by a person who exhibits correspondence
from the United States department of veterans affairs or the Kansas office
of veterans services that indicates that the person is applying for benefits
from the United States department of veterans affairs and that such person
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needs the requested information to obtain such benefits, except that, for a
second or subsequent certified copy of a certificate, abstract or search of
the files requested by the person, the usual fee shall be charged. The
secretary may provide by rules and regulations for exemptions from such
fees.
(3) The secretary shall not charge or accept any fee for a certified
copy of a certificate or abstract or for a search of the files or records if the
certificate, abstract or search is requested by a homeless veteran who
exhibits correspondence from the Kansas office of veterans services, the
Kansas soldiers' home, the Kansas veterans' home, any veterans services
medical center located in Kansas, any jail or correctional facility or any
nonprofit organization located in Kansas for the provision of services for
the homeless indicating that the person is applying for a nondriver
identification card pursuant to K.S.A. 8-1324, and amendments thereto,
and that such person needs the requested information to apply for such
identification card. The secretary may provide by rules and regulations for
exemption from such fees. For purposes of this paragraph, "veteran"
means the same as defined in K.S.A. 8-1324, and amendments thereto.
(4) The secretary shall not charge or accept any fee for a certified
copy of a birth certificate if the certificate is requested by any person who
is 17 years of age or older for purposes of voting if the applicant lacks the
identification required by K.S.A. 25-2908(h), and amendments thereto, or
to meet the voter registration requirements of K.S.A. 25-2309, and
amendments thereto. For voter registration purposes, an applicant for
registration shall swear under oath: (1) That such person plans to register
to vote in Kansas; and (2) that such person does not possess any of the
documents that constitute evidence of United States citizenship under
K.S.A. 25-2309(l), and amendments thereto. The affidavit shall
specifically list the documents that constitute evidence of United States
citizenship under K.S.A. 25-2309(l), and amendments thereto. The
secretary shall adopt rules and regulations in order to implement the
provisions of this subsection.
(4)(5) Upon receipt of any such remittance of a fee for a certified
copy of a birth certificate or abstract, $3 of each such fee for the first copy
of a birth certificate or abstract and $1 of each such fee for each additional
copy of the same birth certificate or abstract requested at the same time
shall be remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the permanent families account of the family and
children investment fund created by K.S.A. 38-1808, and amendments
thereto. The balance of the money received for a fee for a certified copy of
a birth certificate or abstract shall be remitted to the state treasurer in
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accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the civil
registration and health statistics fee fund created under this act.
(5)(6) Upon receipt of any such remittance of a fee for a certified
copy of a death certificate or abstract, $4 of each such fee for the first
certified copy of a death certificate or abstract and $2 of each such fee for
each additional copy of the same death certificate or abstract requested at
the same time shall be remitted to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the district coroners fund created by
K.S.A. 22a-245, and amendments thereto. The balance of the money
received for a fee for a certified copy of a death certificate or abstract shall
be remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the civil registration and health statistics fee fund
created by K.S.A. 65-2418e, and amendments thereto.
(b) Subject to K.S.A. 65-2415, and amendments thereto, the national
office of vital statistics may be furnished copies or data it requires for
national statistics. The state shall be reimbursed for the cost of furnishing
the data. The data shall not be used for other than statistical purposes by
the national office of vital statistics unless so authorized by the state
registrar of vital statistics.
Sec. 3. K.S.A. 2024 Supp. 8-1324 and 65-2418 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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