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HOUSE BILL No. 2626
AN ACT concerning veterans and military; directing the capitol preservation committee to
develop and approve plans for a registry kiosk of Kansas military forces killed in
action or who died of wounds sustained during active duty to be placed within the
state capitol; relating to veterans benefits; enacting the safeguarding American
veteran empowerment (SA VE) act to limit compensation for assisting in veterans
benefits matters; establishing the Kansas military affairs commission; prescribing the
powers and duties thereof ; expanding government employment veteran preference to
include current members of the national guard and such members' eligible spouses;
expanding permissive preference in private employment to include servicemembers
and such members' eligible spouses; amending K.S.A. 73-231 and K.S.A. 2025 Supp.
73-201 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The capitol preservation committee shall
approve plans to place a permanent registry kiosk within the state
capitol of Kansas military forces killed in action or who died of wounds
incurred during active duty pursuant to K.S.A. 75-2269, and
amendments thereto.
(b) The secretary of administration is hereby authorized to receive
moneys from any grants, gifts, contributions or bequests made for the
purpose of financing the creation and construction of the registry kiosk
and to expend such moneys received for such purpose. The secretary of
administration shall remit all moneys so received to the state treasurer
in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the
Kansas military forces registry kiosk fund. No public funds shall be
expended for the purpose of financing the creation or construction of
the registry kiosk.
(c) There is hereby established in the state treasury the Kansas
military forces registry kiosk fund. Expenditures from the fund may be
made for the purposes of creating and constructing the registry kiosk
and for such other purposes as may be specified with regard to any
grant, gift, contribution or bequest. All such expenditures shall be made
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of administration or the secretary's
designee.
New Sec. 2. (a) This act shall be known and may be cited as the
safeguarding American veteran empowerment (SA VE) act.
(b) As used in this section:
(1) "Compensation" means a payment of any moneys, a thing of
value or financial benefit conferred on or received by any person in
return for services rendered or to be rendered.
(2) "Veterans benefits matter" means the preparation, presentation
or prosecution of any claim affecting any person who has filed or
expressed an intent to file a claim for any benefit, program, service,
commodity, function, status or entitlement that veterans, their
dependents, their survivors or any other person who is eligible under
the laws and regulations administered by the United States department
of veterans affairs or the Kansas office of veterans services.
(3) "Person" means any natural person, corporation, trust,
partnership, incorporated or unincorporated association, or any other
legal entity.
(c) (1) No person may receive compensation for:
(A) Referring any veteran to another person for advice or
assistance in such veteran's benefits matter; or
(B) any services rendered in connection with any claim filed
within the one-year presumptive period of active-duty release, unless
the veteran acknowledges by signing a waiver that such veteran's
active-duty release is within the one-year period but is choosing to deny
the free services available to such veteran.
(2) A person seeking to receive compensation for advising,
assisting or consulting with any veterans benefits matter shall, before
rendering any services, memorialize the specific terms that specify the
amount to be paid will be determined in a written agreement signed by
both parties. Compensation shall be contingent upon an increase in the
HOUSE BILL No. 2626—page 2
awarded benefits and, if successful, such compensation is capped at a
one-time fee that shall not exceed five times the amount of the monthly
increase in benefits awarded based on the claim or $12,500, whichever
is less . No initial or nonrefundable fee may be charged by a person
advising, assisting or consulting an individual on a veterans benefits
matter.
(3) No person shall guarantee, either directly or by implication, a
successful outcome or that any person is certain to receive specific
veterans benefits or a specific level, percentage or amount of veterans
benefits.
(4) (A) Any person advising, assisting or consulting on veterans
benefits matters for compensation shall provide the following
disclosure at the outset of the business relationship: "This business is
not sponsored by or affiliated with the United States department of
veterans affairs or the Kansas office of veterans services, or any other
federally chartered veterans service organization. Other organizations,
including, but not limited to, the Kansas office of veterans services, a
local veterans service organization and other federally chartered
veterans service organizations may be able to provide you with this
service free of charge. Products or services offered by this business are
not necessarily endorsed by any of these organizations. You may
qualify for other veterans benefits beyond the benefits for which you
are receiving services here."
(B) The written disclosure shall appear in at least 12-point font in
an easily identifiable place in the person's agreement with the
individual seeking services. The person shall sign the document in
which the written disclosure appears to represent understanding of
these provisions. The person offering services shall retain a copy of the
written disclosure while providing veterans benefits services for
compensation and for at least one year after the date on which the
service relations terminate.
(5) Businesses advising, assisting or consulting on veterans'
benefits matters for a fee shall:
(A) Not utilize international call centers or data centers for
processing veterans' personal information;
(B) not use a veteran's personal login, username or password
information to access such veteran's medical, financial or government
benefits information; and
(C) ensure that any person who has access to veterans' medical or
financial information undergoes a criminal history record check prior to
having access to that information. The criminal history record check
shall be conducted by a reputable source and include identity
verification and a criminal records check.
(d) (1) A violation of this section constitutes an unfair, false,
misleading or deceptive act or practice in the conduct of trade or
commerce under K.S.A. 50-623 et seq., and amendments thereto.
(2) Civil penalties shall be in an amount ordered by the district
court in an action brought by the attorney general.
(3) Each day that a violation continues is a separate violation.
(4) Nothing in this section is to be construed as applying to or
limiting or expanding the requirements imposed on agents, attorneys or
other representatives accredited by the United States department of
veterans affairs and regulated by such agency.
(e) Nothing in this section shall preclude claims or causes of
action available to individuals under Kansas law.
New Sec. 3. (a) There is hereby established the Kansas military
affairs commission. Such commission shall be advisory to the governor
and shall be within and a part of the office of the governor.
(b) The governor's military council shall be and is hereby
officially designated as the Kansas military affairs commission.
(1) On and after July 1, 2026, whenever the governor's military
council or words of like effect is referred to or designated by statute,
contract or other document, such reference or designation shall mean
and apply to the Kansas military affairs commission.
HOUSE BILL No. 2626—page 3
(2) The Kansas military affairs commission shall be a continuation
of the governor's military council.
(c) The Kansas military affairs commission shall consist of 16
voting members, except as may be adjusted pursuant to paragraph (9) .
The membership of the commission shall be composed of:
(1) The governor, who shall serve as chair of the commission, or
the governor's designee;
(2) the adjutant general of the state of Kansas;
(3) the president of the senate or the president's designee;
(4) the speaker of the house of representatives or the speaker's
designee;
(5) the minority leader of the senate or the minority leader's
designee;
(6) the minority leader of the house of representatives or the
minority leader's designee;
(7) the Kansas secretary of commerce;
(8) the executive director of the Kansas office of veterans services;
(9) one representative each from : (A) Leavenworth county; (B)
Sedgwick county; (C) Shawnee county; and (D) Riley or Geary county,
so long as such counties continue to have active military installations,
as appointed by the governor;
(10) one active duty military spouse, either from the army or the
air force, as appointed by the governor; and
(11) three qualified individuals with extensive military experience
or expertise, as appointed by the governor.
(d) If an appointment cannot be made within 60 days after a seat
becomes vacant, the governor may appoint any qualified person.
(e) Members appointed to the military affairs commission shall
serve at the pleasure of the governor. Any vacancy in the appointed
membership of the commission shall be filled in accordance with
subsection (c).
(f) The commission shall also have 11 non-voting ex officio
members appointed by the following:
(1) One member from each of the military installations in Kansas,
including Fort Leavenworth, McConnell air force base, Fort Riley and
the United States coast guard pay and personnel center;
(2) one member from each state educational institution, as defined
in K.S.A. 76-711, and amendments thereto; and
(3) one member from the Kansas fusion center.
(e) The Kansas military affairs commission shall meet quarterly
and may meet on a day and time determined by the chair.
(1) A majority of voting members of the commission constitutes a
quorum for the purposes of conducting business and exercising the
powers of the commission.
(2) Members of the commission shall be paid amounts pursuant to
K.S.A. 75-3223(e), and amendments thereto.
(g) The governor shall appoint an executive director of the Kansas
military affairs commission, and such commission shall designate the
duties of the executive director. The executive director shall be the
administrative officer of the commission and shall serve the
commission by fostering cooperation between the installations and
private and public sectors, forwarding proposals and evaluations to the
governor, the legislature and various state agencies, pursuing initiatives
to enhance the quality of life for all military personnel, both active and
retired, and performing other duties necessary for the proper operation
of the commission.
(h) The commission shall have the following functions, powers
and duties:
(1) Provide advice, counsel and actionable recommendations on
military-affiliated issues and economic and industrial development
related to the military to the governor, state and federal agencies, the
legislature, communities and the state's congressional delegation;
(2) provide sound, accurate and viable recommendations to
expand and grow the current presence of the armed forces in the state,
HOUSE BILL No. 2626—page 4
including expanded missions and infrastructure;
(3) plan and support state infrastructure needed to support military
objectives;
(4) recommend methods to improve private and public
employment opportunities and quality of life for the families of current
and former members of the military that reside in Kansas;
(5) provide assistance to enable enhanced design and execution of
community programs that strengthen relations between communities
and the military installations to include defense-related business;
(6) serve as an advocate for the state of Kansas in matters related
to United States department of defense expansion decisions;
(7) build community support for the armed services and prepare
and maintain a strategic action plan that protects existing military
missions in Kansas and positions the state to be competitive for new
and increasing military missions; and
(8) promote the long-term viability and prosperity of the military
and defense-related industries in Kansas and protect against all current
and anticipated realignments and closures proposed by the United
States department of defense that affects Kansas.
Sec. 4. K.S.A. 2025 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:
(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;
(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
(iii) has a disability certified by the Kansas 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. Veteran preference in
government employment shall not apply to any current member of the
Kansas army or air national guard with the pay grade of 04 or above,
or a current member of a unit of the reserve forces of the United States
military with the pay grade of 04 or above. Such exclusion shall not
apply to eligible spouses.
(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
HOUSE BILL No. 2626—page 5
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.
(4) "Eligible spouse" means an individual who is married to an
individual who resides in and is stationed in Kansas and is:
(A) An active duty member of the military service of the United
States;
(B) a current member in good standing of the Kansas army or air
national guard; or
(C) a current member of a unit of the reserve forces of the United
States military.
(5) "Servicemember" means an individual who resides and is
stationed in Kansas and is:
(A) A current member in good standing of the Kansas army or air
national guard; or
(B) a current member of a unit of the reserve forces of the United
States military.
(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, servicemembers and eligible spouses 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 , servicemember or
eligible spouse thus preferred shall not be disqualified from holding
any position in such service on account of the veteran's ,
servicemember's or eligible spouse's age or by reason of any physical
or mental disability as long as such age or disability does not render the
veteran, servicemember or eligible spouse incompetent to perform the
duties of the position applied for. When any veteran shall apply,
servicemember or eligible spouse applies 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, servicemember or
eligible spouse of good reputation , and can competently perform the
duties of the position applied for by the veteran , servicemember or
eligible spouse, consider the veteran , servicemember or eligible spouse
for appointment to such position, place, or employment. Within 30 days
of filling a position, eligible veterans , servicemembers or eligible
spouses who have applied and are not hired shall be notified by
certified mail or personal service that they are not being hired. Such
notice also shall advise the veteran of any administrative appeal
available.
(d) The provisions of this act shall not be applicable to any
persons classed as conscientious objectors. The provisions of this act
shall not be controlling over the provisions of any statute, county
resolution or city ordinance relating to retirement or termination on the
basis of age, of employees of the state or any county or city. Whenever
HOUSE BILL No. 2626—page 6
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 , servicemembers and eligible
spouses 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.
(3) A servicemember who qualifies for the veteran's preference
and desires to use such veteran's preference shall provide the hiring
authority with proof of residency in Kansas and a certificate signed by
the unit commander that such servicemenber is:
(A) A current member in good standing of the Kansas army or air
national guard and is stationed in Kansas; or
(B) a current member of a unit of the reserve forces of the United
States military and is stationed in Kansas.
(4) An eligible spouse who qualifies for the veteran's preference
and desires to use such veteran's preference shall provide the hiring
authority with proof of residency in Kansas , proof of marriage to an
eligible servicemember and official documentation verifying the
servicemember's current military status, including military orders
reflecting such servicemember's assignment or a current leave and
earnings statement.
(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, servicemembers or eligible spouses are
eligible for a preference in their initial employment and any first
promotion within the employment of the governmental entity.
(g) Any veteran , servicemember or eligible spouse 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. 5. K.S.A. 73-231 is hereby amended to read as follows: 73-
231. (a) As used in this section,:
(1) "Eligible spouse" means an individual who is married to
servicemember or an active duty member of the military service of the
United States who resides in and is stationed in Kansas.
(2) "Servicemember" means an individual who resides in and is
stationed in Kansas and is:
(A) A current member in good standing of the United States army
or air national guard; or
(B) a current member of a unit of the reserve forces of the United
States military.
(3) "Veteran" shall have the meaning ascribed to it means the
same as defined in K.S.A. 73-201, and amendments thereto.
(b) There is hereby established a permissive preference in private
employment for veterans, servicemembers and eligible spouses.
(c) A private employer may adopt an employment policy that
gives preference in hiring to a veteran, servicemember or eligible
spouse provided that the veteran, servicemember or eligible spouse
meets the requirements of the vacant position.
HOUSE BILL No. 2626—page 7
(d) Such employment policy shall be:
(1) In writing; and
(2) applied consistently to all decisions regarding initial
employment.
(e) The A veteran shall submit proof of such veteran's military
service and honorable discharge or general discharge under honorable
conditions to a private employer with such veterans preference
employment policy to establish eligibility for the preference. A
servicemember shall submit evidence of current military membership in
good standing and duty station in Kansas. An eligible spouse shall
submit proof of marriage to an eligible servicemember, proof of living
in Kansas and official documentation verifying the servicemember's
current military status, including military orders reflecting such
servicemember's assignment or a current leave and earnings statement.
Sec. 6. K.S.A. 73-231 and K.S.A. 2025 Supp. 73-201 are hereby
repealed.
Sec. 7. 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.