Read the full stored bill text
Session of 2026
HOUSE BILL No. 2426
By Representative Humphries
1-9
AN ACT amending the women's bill of rights; defining the term "gender"
to mean biological sex at birth for purposes of statutory construction;
directing the director of the division of motor vehicles to invalidate and
reissue driver's licenses when necessary to correct the gender
identification on such licenses; directing the office of vital statistics to
invalidate and reissue birth certificates when necessary to correct the
sex identification on such certificates; removing the definition of
"gender" from the help not harm act; amending K.S.A. 8-234a and
K.S.A. 2025 Supp. 8-243, 65-28,137 and 77-207 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Any birth certificate issued prior to July 1, 2026,
that identifies the sex of the individual named on such certificate in a
manner that is contrary to the definition of such term as defined in K.S.A.
2025 Supp. 77-207, and amendments thereto, shall be invalid.
(b) The state registrar shall correct any birth certificate records that
identify the sex of the individual named in such record in a manner that is
contrary to the definition of such term as defined in K.S.A. 2025 Supp. 77-
207, and amendments thereto.
(c) This section shall be a part of and supplemental to the uniform
vital statistics act.
Sec. 2. K.S.A. 8-234a is hereby amended to read as follows: 8-234a.
(a) As used in the motor vehicle drivers' license act, the following words
and phrases shall have the meanings respectively ascribed to them herein:
(1) "Drivers' license examiner" or "examiner" means a drivers' license
examiner of the division of vehicles or any person whom the director of
vehicles has authorized, pursuant to the authority granted by this act, to
accept applications for drivers' licenses and administer the examinations
required for the issuance or renewal of drivers' licenses. Any county
treasurer authorized to accept applications for drivers' licenses or
administer drivers' license examinations shall be deemed to be acting as an
agent of the state of Kansas;
(2) "nonresident" means every person who is not a resident of this
state. For the purposes of the motor vehicle drivers' license act any person
who owns, rents or leases real estate in Kansas as such person's residence
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
HB 2426 2
and engages in a trade, business or profession within Kansas or registers to
vote in Kansas or enrolls such person's children in a school in this state or
purchases Kansas registration for a motor vehicle, shall be deemed a
resident of the state of Kansas 90 days after the conditions stated in this
subsection commence, except that military personnel on active duty and
their military dependents who are residents of another state, shall not be
considered residents of the state of Kansas for the purpose of this act;
(3) "patrol" means the state highway patrol;
(4) "address of principal residence" means: (A) The place where a
person makes his or her permanent principal home; (B) place where a
person resides, has an intention to remain and where they intend to return
following an absence; or (C) place of habitation to which, whenever the
person is absent, the person intends to return. If a person eats at one place
and sleeps at another, the place where the person sleeps shall be considered
the person's address of principal residence;
(5) "state" means a state of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and
the Commonwealth of Northern Mariana Islands;
(6) "wireless communication device" means any wireless electronic
communication device that provides for voice or data communication
between two or more parties, including, but not limited to, a mobile or
cellular telephone, a text messaging device, a personal digital assistant that
sends or receives messages, an audio-video player that sends or receives
messages or a laptop computer; and
(7) "religious organization" means any organization, church, body of
communicants, or group, gathered in common membership for mutual
support and edification in piety, worship and religious observances, or a
society of individuals united for religious purposes at a definite place and
which religious organization maintains an established place of worship
within this state and has a regular schedule of services or meetings at least
on a weekly basis and has been determined to be organized and created as
a bona fide religious organization; and
(8) "gender" means the same as defined in K.S.A. 77-207, and
amendments thereto.
(b) As used in this act, the words and phrases defined by the sections
in article 14 of chapter 8 of the Kansas Statutes Annotated, and
amendments thereto, shall have the meanings respectively ascribed to
them therein, unless a different meaning is ascribed to any such word or
phrase by subsection (a) of this section.
Sec. 3. K.S.A. 2025 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2426 3
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2426 4
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
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.
(g) (1) Any driver's license issued prior to July 1, 2026, that identifies
the gender of the individual named on such license in a manner that is
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2426 5
contrary to the definition of such term as defined in K.S.A. 2025 Supp. 77-
207, and amendments thereto, shall be invalid.
(2) The director shall correct any driver's license records that identify
the gender of the individual named in such record in a manner that is
contrary to the definition of such term as defined in K.S.A. 2025 Supp. 77-
207, and amendments thereto. The director shall send written notice to
each such individual notifying such individual that such license is invalid
and to surrender such license to the division of motor vehicles. Upon the
surrender of any such license, the director shall issue a new driver's
license to such individual with the correct gender identification for such
individual.
Sec. 4. K.S.A. 2025 Supp. 65-28,137 is hereby amended to read as
follows: 65-28,137. (a) The provisions of K.S.A. 2025 Supp. 65-28,137
through 65-28,142, and amendments thereto, shall be known and may be
cited as the help not harm act.
(b) As used in this act:
(1) "Child" means an individual less than 18 years of age.
(2) "Female" means an individual who is a member of the female sex.
(3) "Gender" means the psychological, behavioral, social and cultural
aspects of being male or female.
(4) "Gender dysphoria" is the diagnosis of gender dysphoria in the
fifth edition of the diagnostic and statistical manual of mental disorders.
(5)(4) "Healthcare provider" means an individual who is licensed,
certified or otherwise authorized by the laws of this state to administer
healthcare services in the ordinary course of the practice of such
individual's profession.
(6)(5) "Male" means an individual who is a member of the male sex.
(7)(6) "Perceived sex" is an individual's internal sense of such
individual's sex.
(8)(7) "Perceived gender" is an individual's internal sense of such
individual's gender.
(9)(8) "Sex" means the biological indication of male and female in
the context of reproductive potential or capacity, including sex
chromosomes, naturally occurring sex hormones, gonads and
nonambiguous internal and external genitalia present at birth, without
regard to an individual's psychological, chosen or subjective experience of
gender.
(10)(9) "Social transitioning" means acts other than medical or
surgical interventions that are undertaken for the purpose of presenting as
a member of the opposite sex, including the changing of an individual's
preferred pronouns or manner of dress.
Sec. 5. K.S.A. 2025 Supp. 77-207 is hereby amended to read as
follows: 77-207. (a) Notwithstanding any provision of state law to the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2426 6
contrary, with respect to the application of an individual's biological sex
pursuant to any state law or rules and regulations, the following shall
apply:
(1) An individual's "sex" or "gender" means such individual's
biological sex, either male or female, at birth;
(2) a "female" is an individual whose biological reproductive system
is developed to produce ova, and a "male" is an individual whose
biological reproductive system is developed to fertilize the ova of a
female;
(3) the terms "woman" and "girl" refer to human females, and the
terms "man" and "boy" refer to human males;
(4) the term "mother" means a parent of the female sex, and the term
"father" means a parent of the male sex;
(5) with respect to biological sex, the term "equal" does not mean
"same" or "identical";
(6) with respect to biological sex, separate accommodations are not
inherently unequal; and
(7) an individual born with a medically verifiable diagnosis of
"disorder/differences in sex development" shall be provided legal
protections and accommodations afforded under the Americans with
disabilities act and applicable Kansas statutes.
(b) Laws and rules and regulations that distinguish between the sexes
are subject to intermediate constitutional scrutiny. Intermediate
constitutional scrutiny forbids unfair discrimination against similarly
situated male and female individuals but allows the law to distinguish
between the sexes where such distinctions are substantially related to
important governmental objectives. Notwithstanding any provision of state
law to the contrary, distinctions between the sexes with respect to athletics,
prisons or other detention facilities, domestic violence shelters, rape crisis
centers, locker rooms, restrooms and other areas where biology, safety or
privacy are implicated that result in separate accommodations are
substantially related to the important governmental objectives of
protecting the health, safety and privacy of individuals in such
circumstances.
(c) Any school district, or public school thereof, and any state agency,
department or office or political subdivision that collects vital statistics for
the purpose of complying with anti-discrimination laws or for the purpose
of gathering accurate public health, crime, economic or other data shall
only identify each individual who is part of the collected data set as either
male or female at birth.
Sec. 6. K.S.A. 8-234a and K.S.A. 2025 Supp. 8-243, 65-28,137 and
77-207 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2426 7
publication in the statute book.1