Adding a citation to the code of federal regulations to the definition of veteran and disabled veteran and removing the active requirement from military service members for occupational licensure.

HOUSE BILL No. 2280
AN A CT concerning veterans and military; modifying the definition of veteran and
disabled veteran; adding a citation to the code of federal regulations to definitions of
veteran and disabled veteran; removing the active requirement from military
servicemembers for occupational licensure; amending K.S.A. 2024 Supp. 8-160, 8-
1,221, 8-243, 8-1324, 32-934, 48-3406, 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. 8-1,221 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.
(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 1st 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.
HOUSE BILL No. 2280—page 2
Sec. 3. 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 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 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
HOUSE BILL No. 2280—page 3
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. 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 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. 2280—page 4
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. 2280—page 5
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) 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.
(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
HOUSE BILL No. 2280—page 6
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. 48-3406 is hereby amended to read as
follows: 48-3406. (a) For the purposes of this section:
(1) "Applicant" means an individual who is:
(A) A military spouse or military servicemember who resides or
plans to reside in this state due to the assigned military station of the
individual or the individual's spouse; or
(B) an individual who has established or intends to establish
residency in this state.
(2) "Complete application" means the licensing body has received
all forms, fees, documentation, a signed affidavit stating that the
application information, including necessary prior employment history,
is true and accurate and any other information required or requested by
the licensing body for the purpose of evaluating the application,
consistent with this section and the rules and regulations adopted by the
licensing body pursuant to this section. If the licensing body has
received all such forms, fees, documentation and any other information
required or requested by the licensing body, an application shall be
deemed to be a complete application even if the licensing body has not
yet received a criminal background report from the Kansas bureau of
investigation. An application by a military spouse of an active a
military servicemember shall be considered a "complete application"
without the submission of fees, pursuant to the provisions of subsection
(u).
(3) "Electronic credential" or "electronic certification, license or
registration" means an electronic method by which a person may
display or transmit to another person information that verifies the status
of a person's certification, licensure, registration or permit as authorized
by a licensing body and is equivalent to a paper-based certification,
license, registration or permit.
(4) "Licensing body" means an official, agency, board or other
entity of the state that authorizes individuals to practice a profession in
this state and issues a license, registration, certificate, permit or other
authorization to an individual so authorized.
(5) "Military servicemember" means a current member of any
branch of the United States armed services, United States military
reserves or national guard of any state or a former member with an
honorable discharge.
(6) "Military spouse" means the spouse of a military
servicemember.
(7) "Person" means a natural person.
(8) "Private certification" means a voluntary program in which a
private organization grants nontransferable recognition to an individual
HOUSE BILL No. 2280—page 7
who meets personal qualifications and standards relevant to performing
the occupation as determined by the private organization.
(9) "Scope of practice" means the procedures, actions, processes
and work that a person may perform under a government issued
license, registration or certification.
(10) "Verification system" means an electronic method by which
the authenticity and validity of electronic credentials are verified.
(b) Notwithstanding any other provision of law, any licensing
body shall, upon submission of a complete application, issue a paper-
based and verified electronic license, registration or certification to an
applicant as provided by this section, so that the applicant may lawfully
practice the person's occupation. Any licensing body may satisfy any
requirement under this section to provide a paper-based license,
registration, certification or permit in addition to an electronic license,
registration, certification or permit by issuing such electronic credential
to the applicant in a format that permits the applicant to print a paper
copy of such electronic credential. Such paper copy shall be considered
a valid license, registration, certification or permit for all purposes.
(c) An applicant who holds a valid current license, registration or
certification in another state, district or territory of the United States
shall receive a paper-based and verified electronic license, registration
or certification:
(1) If the applicant qualifies under the applicable Kansas
licensure, registration or certification by endorsement, reinstatement or
reciprocity statutes, then pursuant to applicable licensure, registration
or certification by endorsement, reinstatement or reciprocity statutes of
the licensing body of this state for the license, registration or
certification within 15 days from the date a complete application was
submitted if the applicant is a military servicemember or military
spouse or within 45 days from the date a complete application was
submitted for all other applicants; or
(2) if the applicant does not qualify under the applicable licensure,
registration or certification by endorsement, reinstatement or
reciprocity statutes of the licensing body of this state, or if the Kansas
professional practice act does not have licensure, registration or
certification by endorsement, reinstatement or reciprocity statutes, then
the applicant shall receive a license, registration or certification as
provided herein if, at the time of application, the applicant:
(A) Holds a valid current license, registration or certification in
another state, district or territory of the United States with licensure,
registration or certification requirements that the licensing body
determines authorize a similar scope of practice as those established by
the licensing body of this state, or holds a certification issued by
another state for practicing the occupation but this state requires an
occupational license, and the licensing body of this state determines
that the certification requirements certify a similar scope of practice as
the licensing requirements established by the licensing body of this
state;
(B) has worked for at least one year in the occupation for which
the license, certification or registration is sought;
(C) has not committed an act in any jurisdiction that would have
constituted grounds for the limitation, suspension or revocation of the
license, certificate or registration, or that the applicant has never been
censured or had other disciplinary action taken or had an application for
licensure, registration or certification denied or refused to practice an
occupation for which the applicant seeks licensure, registration or
certification;
(D) has not been disciplined by a licensing, registering, certifying
or other credentialing entity in another jurisdiction and is not the
subject of an unresolved complaint, review procedure or disciplinary
proceeding conducted by a licensing, registering, certifying or other
credentialing entity in another jurisdiction nor has surrendered their
membership on any professional staff in any professional association or
society or faculty for another state or jurisdiction while under
HOUSE BILL No. 2280—page 8
investigation or to avoid adverse action for acts or conduct similar to
acts or conduct that would constitute grounds for disciplinary action in
a Kansas practice act;
(E) does not have a disqualifying criminal record as determined by
the licensing body of this state under Kansas law;
(F) provides proof of solvency, financial standing, bonding or
insurance if required by the licensing body of this state, but only to the
same extent as required of any applicant with similar credentials or
experience;
(G) pays any fees required by the licensing body of this state; and
(H) submits with the application a signed affidavit stating that the
application information, including necessary prior employment history,
is true and accurate.
Upon receiving a complete application and the provisions of
subsection (c)(2) apply and have been met by the applicant, the
licensing body shall issue the license, registration or certification within
15 days from the date a complete application was submitted by a
military servicemember or military spouse, or within 45 days from the
date a complete application was submitted by an applicant who is not a
military servicemember or military spouse, to the applicant on a
probationary basis, but may revoke the license, registration or
certification at any time if the information provided in the application is
found to be false. The probationary period shall not exceed six months.
Upon completion of the probationary period, the license, certification
or registration shall become a non-probationary license, certification or
registration.
(d) Any applicant who has not been in the active practice of the
occupation during the two years preceding the application for which the
applicant seeks a license, registration or certification under subsection
(c)(2) may be required to complete such additional testing, training,
monitoring or continuing education as the Kansas licensing body may
deem necessary to establish the applicant's present ability to practice in
a manner that protects the health and safety of the public, as provided
by subsection (j).
(e) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification based on
the applicant's work experience in another state, if the applicant:
(1) Worked in a state that does not use an occupational license,
registration, certification or private certification to regulate an
occupation, but this state uses an occupational license, registration or
certification to regulate the occupation;
(2) worked for at least three years in the occupation during the
four years immediately preceding the application; and
(3) satisfies the requirements of subsection (c)(2)(C) through (H).
(f) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification under
subsection (b) based on the applicant's holding of a private certification
and work experience in another state, if the applicant:
(1) Holds a private certification and worked in a state that does not
use an occupational license or government certification to regulate an
occupation, but this state uses an occupational license or government
certification to regulate the occupation;
(2) worked for at least two years in the occupation;
(3) holds a current and valid private certification in the
occupation;
(4) is held in good standing by the organization that issued the
private certification; and
(5) satisfies the requirements of subsection (c)(2)(C) through (H).
(g) An applicant licensed, registered or certified under this section
shall be entitled to the same rights and subject to the same obligations
as are provided by the licensing body for Kansas residents, except that
revocation or suspension of an applicant's license, registration or
certificate in the applicant's state of residence or any jurisdiction in
which the applicant held a license, registration or certificate shall
HOUSE BILL No. 2280—page 9
automatically cause the same revocation or suspension of such
applicant's license, registration or certificate in Kansas. No hearing
shall be granted to an applicant where such applicant's license,
registration or certificate is subject to such automatic revocation or
suspension, except for the purpose of establishing the fact of revocation
or suspension of the applicant's license, registration or certificate by the
applicant's state of residence or jurisdiction in which the applicant held
a license, registration or certificate.
(h) In the event the licensing body determines that the license,
registration or certificate currently held by an applicant under
subsection (c)(2) or the work experience or private credential held by
an applicant under subsections (e) or (f), who is a military spouse or
military servicemember does not authorize a similar scope of practice
as the license, registration or certification issued by the licensing body
of this state, the licensing body shall issue a temporary permit for a
limited period of time to allow the applicant to lawfully practice the
applicant's occupation while completing any specific requirements that
are required in this state for licensure, registration or certification that
were not required in the state, district or territory of the United States in
which the applicant was licensed, registered, certified or otherwise
credentialed, unless the licensing body finds, based on specific
grounds, that issuing a temporary permit would jeopardize the health
and safety of the public.
(i) In the event the licensing body determines that the license,
registration or certification currently held by an applicant under
subsection (c)(2) or the work experience or private credential held by
an applicant under subsections (e) or (f), who is not a military spouse or
military servicemember, does not authorize a similar scope of practice
as the license, registration or certification issued by the licensing body
of this state, the licensing body may issue a temporary permit for a
limited period of time to allow the applicant to lawfully practice the
applicant's occupation while completing any specific requirements that
are required in this state for licensure, registration or certification that
was not required in the state, district or territory of the United States in
which the applicant was licensed, registered, certified or otherwise
credentialed, unless the licensing body finds, based on specific
grounds, that issuing a temporary permit would jeopardize the health
and safety of the public.
(j) Any testing, continuing education or training requirements
administered under subsection (d), (h) or (i) shall be limited to Kansas
law that regulates the occupation and that are materially different from
or additional to the law of another state, or shall be limited to any
materially different or additional body of knowledge or skill required
for the occupational license, registration or certification in Kansas.
(k) A licensing body may grant licensure, registration, certification
or a temporary permit to any person who meets the requirements under
this section but was separated from such military service under less
than honorable conditions or with a general discharge under honorable
conditions.
(l) Nothing in this section shall be construed to apply in conflict
with or in a manner inconsistent with federal law or a multistate
compact, or a rule or regulation or a reciprocal or other applicable
statutory provision that would allow an applicant to receive a license.
Nothing in this section shall be construed as prohibiting a licensing
body from denying any application for licensure, registration or
certification, or declining to grant a temporary or probationary license,
if the licensing body determines that granting the application may
jeopardize the health and safety of the public.
(m) Nothing in this section shall be construed to be in conflict
with any applicable Kansas statute defining the scope of practice of an
occupation. The scope of practice as provided by Kansas law shall
apply to applicants under this section.
(n) Notwithstanding any other provision of law, during a state of
emergency declared by the legislature, a licensing body may grant a
HOUSE BILL No. 2280—page 10
temporary emergency license to practice any profession licensed,
certified, registered or regulated by the licensing body to an applicant
whose qualifications the licensing body determines to be sufficient to
protect health and safety of the public and may prohibit any unlicensed
person from practicing any profession licensed, certified, registered or
regulated by the licensing body.
(o) Not later than January 1, 2025, licensing bodies shall provide
paper-based and verified electronic credentials to persons regulated by
the licensing body. A licensing body may prescribe the format or
requirements of the electronic credential to be used by the licensing
body. Any statutory or regulatory requirement to display, post or
produce a credential issued by a licensing body may be satisfied by the
proffer of an electronic credential authorized by the licensing body. A
licensing body may use a third-party electronic credential system that is
not maintained by the licensing body.
(p) On or before January 1, 2025, and subject to appropriations
therefore, the secretary of administration shall develop and implement a
uniform or singular license verification portal for the purpose of
verifying or reporting license statuses such as credentials issued,
renewed, revoked or suspended by licensing bodies or that have
expired or otherwise changed in status. The secretary of administration
may utilize the services or facilities of a third party for the central
electronic record system. The central electronic record system shall
comply with the requirements adopted by the information technology
executive council pursuant to K.S.A. 75-7203, and amendments
thereto. Beginning January 1, 2025, each licensing body shall be able to
integrate with the uniform or singular license verification portal in the
manner and format required by the secretary of administration
indicating any issuance, renewal, revocation, suspension, expiration or
other change in status of an electronic credential that has occurred. No
charge for the establishment or maintenance of the uniform or singular
license verification portal shall be imposed on any licensing body or
any person with a license, registration, certification or permit issued by
a licensing body. The centralized electronic credential data
management systems shall include an instantaneous verification system
that is operated by the licensing body's respective secretary, or the
secretary's designee, or the secretary's third-party agent on behalf of the
licensing body for the purpose of instantly verifying the authenticity
and validity of electronic credentials issued by the licensing body.
Centralized electronic credential data management systems shall
maintain an auditable record of credentials issued by each licensing
body.
(q) Nothing in this section shall be construed as prohibiting or
preventing a licensing body from developing, operating, maintaining or
using a separate electronic credential system of the licensing body or of
a third party in addition to making the reports to the central electronic
record system required by subsection (p) or participating in a multistate
compact or a reciprocal licensure, registration or certification process
as long as the separate electronic credential system of the licensing
body integrates with the uniform or singular license verification portal.
(r) Each licensing body shall adopt rules and regulations necessary
to implement and carry out the provisions of this section.
(s) This section shall not apply to the practice of law or the
regulation of attorneys pursuant to K.S.A. 7-103, and amendments
thereto, or to the certification of law enforcement officers pursuant to
the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and
amendments thereto.
(t) The state board of healing arts and the state board of technical
professions, with respect to an applicant who is seeking a license to
practice professional engineering or engage in the practice of
engineering, as defined in K.S.A. 74-7003, and amendments thereto,
may deny an application for licensure, registration or certification, or
decline to grant a temporary or probationary license, if the board
determines the applicant's qualifications are not substantially equivalent
HOUSE BILL No. 2280—page 11
to those established by the board. Such boards shall not otherwise be
exempt from the provisions of this act.
(u) Notwithstanding any other provision of law to the contrary,
applicants who are military spouses of active military service members
servicemembers shall be exempt from all fees assessed by any licensing
body to obtain an occupational credential in Kansas and renew such
credential including initial or renewal application, licensing,
registration, certification, endorsement, reciprocity or permit fees and
any criminal background report fees, whether assessed by the licensing
body or another agency. Licensing bodies shall adopt rules and
regulations to implement the provisions of this subsection.
(v) This section shall apply to all licensing bodies not excluded
under subsection (s), including, but not limited to:
(1) The abstracters' board of examiners;
(2) the board of accountancy;
(3) the board of adult care home administrators;
(4) the secretary for aging and disability services, with respect to
K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
(5) the Kansas board of barbering;
(6) the behavioral sciences regulatory board;
(7) the Kansas state board of cosmetology;
(8) the Kansas dental board;
(9) the state board of education;
(10) the Kansas board of examiners in fitting and dispensing of
hearing instruments;
(11) the board of examiners in optometry;
(12) the state board of healing arts, as provided by subsection (t);
(13) the secretary of health and environment, with respect to
K.S.A. 82a-1201 et seq., and amendments thereto;
(14) the commissioner of insurance, with respect to K.S.A. 40-241
and 40-4901 et seq., and amendments thereto;
(15) the state board of mortuary arts;
(16) the board of nursing;
(17) the state board of pharmacy;
(18) the Kansas real estate commission;
(19) the real estate appraisal board;
(20) the state board of technical professions, as provided by
subsection (t); and
(21) the state board of veterinary examiners.
(w) All proceedings pursuant to this section shall be conducted in
accordance with the provisions of the Kansas administrative procedure
act and shall be reviewable in accordance with the Kansas judicial
review act.
(x) Commencing on July 1, 2021, and each year thereafter, each
licensing body listed in subsection (u)(1) through (21) shall provide a
report for the period of July 1 through June 30 to the director of
legislative research by August 31 of each year, providing information
requested by the director of legislative research to fulfill the
requirements of this subsection. The director of legislative research
shall develop the report format, prepare an analysis of the reports and
submit and present the analysis to the office of the governor, the
committee on commerce, labor and economic development of the
house of representatives, the committee on commerce of the senate, the
committee on appropriations of the house of representatives and the
committee on ways and means of the senate by January 15 of the
succeeding year. The director's report may provide any analysis the
director deems useful and shall provide the following items, detailed by
applicant type, including military servicemember, military spouse and
non-military individual:
(1) The number of applications received under the provisions of
this section;
(2) the number of applications granted under this section;
(3) the number of applications denied under this section;
(4) the average time between receipt of the application and
HOUSE BILL No. 2280—page 12
completion of the application;
(5) the average time between receipt of a complete application and
issuance of a license, certification or registration; and
(6) identification of applications submitted under this section
where the issuance of credentials or another determination by the
licensing body was not made within the time limitations pursuant to
this section and the reasons for the failure to meet such time limitations.
All information shall be provided by the licensing body to the
director of legislative research in a manner that maintains the
confidentiality of all applicants and in aggregate form that does not
permit identification of individual applicants.
Sec. 7. 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:
(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. 8. 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,
HOUSE BILL No. 2280—page 13
breathing, learning and working.
(e) "Member of the armed forces" means a person performing
active service in the army, navy, marine corps, air force, space force,
coast guard or any component of the military reserves of the United
States.
(f) "Physical or mental impairment" means the following:
(1) Any physiological disorder or condition, cosmetic
disfigurement or anatomical loss substantially affecting one or more of
the following body systems:
(A) Neurological;
(B) musculoskeletal;
(C) special sense organs;
(D) respiratory, including speech organs;
(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, 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. 9. 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;
HOUSE BILL No. 2280—page 14
(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 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 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
HOUSE BILL No. 2280—page 15
personal service that they are not being hired. Such notice also shall
advise the veteran of any administrative appeal available.
(d) The provisions of this act shall not be applicable to any
persons classed as conscientious objectors. The provisions of this act
shall not be controlling over the provisions of any statute, county
resolution or city ordinance relating to retirement or termination on the
basis of age, of employees of the state or any county or city. Whenever
under any statute, county resolution or city ordinance, retirement or
termination on the basis of age of any employee is required at a certain
age or is optional with the employer at a certain age, such 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. 10. 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 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. 11. 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
HOUSE BILL No. 2280—page 16
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. 12. 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 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. 13. 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
HOUSE BILL No. 2280—page 17
aggregate amount of more than 25% of the total bid cost.
(c) The director of purchases shall have power to decide as to the
lowest responsible bidder for all purchases, but if:
(1) (A) A responsible bidder purchases from a qualified vendor
goods or services on the list certified by the director of purchases
pursuant to K.S.A. 75-3317 et seq., and amendments thereto, the dollar
amount of such purchases made during the previous fiscal year shall be
deducted from the original bid received from such bidder for the
purpose of determining the lowest responsible bid, except that such
deduction shall not exceed 10% of the original bid received from such
bidder; or
(B) a responsible bidder purchases from a certified business the
dollar amount of such purchases made during the previous fiscal year
shall be deducted from the original bid received from such bidder for
the purpose of determining the lowest responsible bid, except that such
deduction shall not exceed 10% of the original bid received from such
bidder;
(2) the dollar amount of the bid received from the lowest
responsible bidder from within the state is identical to the dollar
amount of the bid received from the lowest responsible bidder from
without the state, the contract shall be awarded to the bidder from
within the state; and
(3) in the case of bids for paper products specified in K.S.A. 75-
3740b, and amendments thereto, the dollar amounts of the bids
received from two or more lowest responsible bidders are identical, the
contract shall be awarded to the bidder whose bid is for those paper
products containing the highest percentage of recycled materials.
(d) (1) Any or all bids may be rejected, and a bid shall be rejected
if it contains any material alteration or erasure made after the bid is
opened. The director of purchases may reject the bid of any bidder who
is in arrears on taxes due the state, who is not properly registered to
collect and remit taxes due the state or who has failed to perform
satisfactorily on a previous contract with the state. The secretary of
revenue is hereby authorized to exchange such information with the
director of purchases as is necessary to effectuate the preceding
sentence notwithstanding any other provision of law prohibiting
disclosure of the contents of taxpayer records or information. Prior to
determining the lowest responsible bidder on contracts for construction
of buildings or for major repairs or improvements to buildings for state
agencies, the director of purchases shall consider the:
(A) Criteria and information developed by the secretary of
administration, with the advice of the state building advisory
commission to rate contractors on the basis of their performance under
similar contracts with the state, local governmental entities and private
entities, in addition to other criteria and information available; and
(B) recommendations of the project architect, or, if there is no
project architect, the recommendations of the secretary of
administration or the agency architect for the project as provided in
K.S.A. 75-1254, and amendments thereto.
(2) In any case where competitive bids are required and where all
bids are rejected, new bids shall be called for as in the first instance,
unless otherwise expressly provided by law or the state agency elects
not to proceed with the procurement.
(e) Before the awarding of any contract for construction of a
building or the making of repairs or improvements upon any building
for a state agency, the director of purchases shall receive written
approval from the state agency for which the building construction
project has been approved, that the bids generally conform with the
plans and specifications prepared by the project architect, by the
secretary of administration or by the agency architect for the project, as
the case may be, so as to avoid error and mistake on the part of the
contractors. In all cases where material described in a contract can be
obtained from any state institution, the director of purchases shall
exclude the same from the contract.
HOUSE BILL No. 2280—page 18
(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
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-
HOUSE BILL No. 2280—page 19
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
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
HOUSE BILL No. 2280—page 20
every three years thereafter.
Sec. 14. 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 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
HOUSE BILL No. 2280—page 21
benefits pursuant to subsection (e)(1)(C) at the time of the veterans'
death, shall be eligible to continue to receive benefits until such time
the surviving spouse remarries.
When a homestead is occupied by two or more individuals and more
than one of the individuals is able to qualify as a claimant, the
individuals may determine between them as to whom the claimant will
be. If they are unable to agree, the matter shall be referred to the
secretary of revenue whose decision shall be final.
(f) "Property taxes accrued" means property taxes, exclusive of
special assessments, delinquent interest and charges for service, levied
on a claimant's homestead in 1979 or any calendar year thereafter by
the state of Kansas and the political and taxing subdivisions of the state.
When a homestead is owned by two or more persons or entities as joint
tenants or tenants in common and one or more of the persons or entities
is not a member of claimant's household, "property taxes accrued" is
that part of property taxes levied on the homestead that reflects the
ownership percentage of the claimant's household. For purposes of this
act, property taxes are "levied" when the tax roll is delivered to the
local treasurer with the treasurer's warrant for collection. When a
claimant and household own their homestead part of a calendar year,
"property taxes accrued" means only taxes levied on the homestead
when both owned and occupied as a homestead by the claimant's
household at the time of the levy, multiplied by the percentage of 12
months that the property was owned and occupied by the household as
its homestead in the year. When a household owns and occupies two or
more different homesteads in the same calendar year, property taxes
accrued shall be the sum of the taxes allocable to those several
properties while occupied by the household as its homestead during the
year. Whenever a homestead is an integral part of a larger unit such as a
multi-purpose or multi-dwelling building, property taxes accrued shall
be that percentage of the total property taxes accrued as the value of the
homestead is of the total value. For the purpose of this act, the word
"unit" refers to that parcel of property covered by a single tax statement
of 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
HOUSE BILL No. 2280—page 22
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 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. 15. K.S.A. 2024 Supp. 8-160, 8-1,221, 8- 243, 8-1324, 32-
934, 48-3406, 48-3601, 50-676, 73-201, 73-230, 73-1239, 73-1244, 75-
3740 and 79-4502 are hereby repealed.
Sec. 16. 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 was
adopted by that body

HOUSE adopted
Conference Committee Report

Speaker of the House.

Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report

President of the Senate.

Secretary of the Senate.
APPROVED

Governor.