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HOUSE BILL No. 2274
AN A CT concerning veterans and military; designating Kansas as a purple heart state;
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; prohibiting such cards from expiring; amending K.S.A. 8-1325 and
K.S.A. 2025 Supp. 8-1324 and 65-2418 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The state of Kansas is hereby designated as a
purple heart state in recognition of the many citizens of the state who
have earned the purple heart medal as a result of being wounded while
engaged in combat with an enemy force.
(b) Each year, the governor shall issue a proclamation recognizing
the purple heart day, to be observed on August 7 of each year,
following the tradition established by George Washington in 1782 and
revived in 1932 that distinguishes the purple heart as a decoration of
honor awarded to members of the armed forces and United States
citizens who were honorably wounded in action. The award has been
limited to members of the military since 1997 by congressional action.
(c) The executive director of the office of veterans services shall
promote the observance of purple heart day with appropriate activities
and direct each local chapter of all veterans' organizations to plan
special activities and events to honor the purple heart recipients in each
chapter.
(d) All residents of this state are enjoined to devote some portion
of purple heart day to recognizing and commemorating the recipients of
the purple heart who have demonstrated a commitment to fighting for
the ideals that have made this nation great, have served this nation so
valiantly and are role models for all to emulate.
Sec. 2. K.S.A. 2025 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 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
HOUSE BILL No. 2274—page 2
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 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
HOUSE BILL No. 2274—page 3
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
to the Kansas office of veterans services to verify such person's
character of service.
(2) (A) Any person who is a veteran and 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 to the division and the
division shall accept a letter or certificate from the Kansas office of
veterans services, 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
verifying such applicant resides at or receives services from such entity,
and either:
(i) Copies or digital forms of accepted documents for proof of
identiy 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.
(2)(3) 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)(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 as 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 the nondriver identification card at a location to be determined by
the secretary of revenue.
(2) Satisfactory proof that a person needs assistance with
HOUSE BILL No. 2274—page 4
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. 3. K.S.A. 8-1325 is hereby amended to read as follows: 8-
1325. (a) Every identification card shall expire, unless earlier canceled
or subsection (c) of K.S.A. 8-1324 (c), and amendments thereto,
applies, on the sixth birthday of the applicant following the date of
original issue, except as otherwise provided by K.S.A. 8-1329, and
amendments thereto. Renewal of any identification card shall be made
for a term of six years and shall expire in a like manner as the originally
issued identification card, unless surrendered earlier or subsection (c)
of K.S.A. 8-1324 (c), and amendments thereto, applies. For any person
who has been issued an identification card, the division shall mail a
notice of expiration or renewal at least 30 days prior to the expiration of
such person's identification card at the address shown on such
identification card. The division shall include with such notice, written
information required under subsection (b). Any application for renewal
received later than 90 days after expiration of the identification card
shall be considered to be an application for an original identification
card. The division shall require payment of a fee of $14 for each
identification card renewal, except that persons who are 65 or more
years of age or who are persons with a disability, as defined in K.S.A.
8-1,124, and amendments thereto, shall be required to pay a fee of $10.
Any identification card holder, whose identification card has expired
after March 12, 2020, and before March 31, 2021, shall have until June
30, 2021, to renew such identification card.
(b) The division shall reference the website of the agency in a
person's notice of expiration or renewal under subsection (a). The
division shall provide the following information on the website of the
agency:
(1) Information explaining the person's right to make an
anatomical gift in accordance with K.S.A. 8-1328, and amendments
thereto, and the revised uniform anatomical gift act, K.S.A. 65-3220
through 65-3244, and amendments thereto;
(2) information describing the organ donation registry program
maintained by the Kansas federally designated organ procurement
organization. The information required under this paragraph shall
include, in a type, size and format that is conspicuous in relation to the
surrounding material, the address and telephone number of Kansas'
federally designated organ procurement organization, along with an
advisory to call such designated organ procurement organization with
questions about the organ donor registry program;
(3) information giving the applicant the opportunity to be placed
on the organ donation registry described in paragraph (2);
HOUSE BILL No. 2274—page 5
(4) inform the applicant that, if the applicant indicates under this
subsection a willingness to have such applicant's name placed on the
organ donor registry described in paragraph (2), the division will
forward the applicant's name, gender, date of birth and most recent
address to the organ donation registry maintained by the Kansas
federally designated organ procurement organization, as required by
paragraph (6);
(5) the division may fulfill the requirements of paragraph (4) by
one or more of the following methods:
(A) Providing such information on the website of the agency; or
(B) providing printed material to an applicant who personally
applies for an identification card; and
(6) if an applicant indicates a willingness under this subsection to
have such applicant's name placed on the organ donor registry
described, the division shall within 10 days forward the applicant's
name, gender, date of birth and address to the organ donor registry
maintained by the Kansas federally designated organ procurement
organization. The division may forward information under this
subsection by mail or by electronic means. The division shall not
maintain a record of the name or address of an individual who indicates
a willingness to have such person's name placed on the organ donor
registry after forwarding that information to the organ donor registry
under this subsection. Information about an applicant's indication of a
willingness to have such applicant's name placed on the organ donor
registry that is obtained by the division and forwarded under this
paragraph shall be confidential and not disclosed.
(c) Any identification card issued to a person who is a veteran and
homeless as provided in K.S.A. 8-1324, and amendments thereto, shall
not expire.
Sec. 4. K.S.A. 2025 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 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
HOUSE BILL No. 2274—page 6
secretary may adopt 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 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.
HOUSE BILL No. 2274—page 7
Sec. 5. K.S.A. 8-1325 and K.S.A. 2025 Supp. 8-1324 and 65-2418
are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House,
and passed that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED__________________________________________
Governor.