Kansas Statutes

Chapter 76: State Institutions And Agencies; Historical Property

Article 19: Kansas Veterans' Institutions

Statutes:

• 76-1901: Name of institution.
• 76-1902: Institution established.
• 76-1902a: Same.
• 76-1902b: Same.
• 76-1903:
• 76-1904: Control of institution; superintendent, appointment, salary, duties and powers.
• 76-1904a: Rates of charges to members and patients; authority of Kansas veterans' commission.
• 76-1904b: Same; frequency of remittance of moneys received.
• 76-1905:
• 76-1906: Disposition of moneys; soldiers' home fee fund.
• 76-1907:
• 76-1908: Persons eligible for admission; application; discharges, hearing; priorities for admission.
• 76-1909:
• 76-1910:
• 76-1911:
• 76-1912:
• 76-1913:
• 76-1914:
• 76-1915:
• 76-1916:
• 76-1917:
• 76-1918:
• 76-1919:
• 76-1919a:
• 76-1920:
• 76-1921:
• 76-1922:
• 76-1923:
• 76-1924:
• 76-1925, 76-1926:
• 76-1927: Rules and regulations for management and operation of home; conduct and discipline of members and others.
• 76-1928: Same; enforcement.
• 76-1929: Same; discharge of violating members; notice and hearing.
• 76-1930: Same; member seeking injunction or restraining order.
• 76-1931: Same; member refusing to vacate premises, when; forfeiture of rights.
• 76-1932: Same; legal proceedings.
• 76-1933: Same; member defined.
• 76-1934:
• 76-1935: Custodians of members' funds at home; designation of depositories; funds deposited with state treasurer.
• 76-1935a: Transfer of trust funds of deceased members and patients of home to general fund of agency; notice; claims; payment; limitations.
• 76-1936: Transfer of patients from certain institutions to soldiers' home; priorities.
• 76-1937:
• 76-1938: Board of managers abolished; transfer of records and property.
• 76-1939: Farming operations at soldiers' home prohibited; lease of farm lands; disposition of moneys.
• 76-1940: Office of superintendent provided to be appointed by secretary of human resources abolished; transfer of powers, duties and functions.
• 76-1941: Contracts for single-family dwellings at Kansas soldiers' home; construction, standards; life estates.
• 76-1942 to 76-1950: Reserved.
• 76-1951: Institution establishment; operation and control; superintendent; agreement for Winfield state hospital and training center facilities; long-term care annex in Wichita.
• 76-1952: Rates and charges to members and patients; authority of Kansas veterans' commission.
• 76-1953: Disposition of moneys; veterans' home fee fund.
• 76-1954: Persons eligible for admission; application; discharges, hearing; priorities for admission.
• 76-1955: Management and operation of home, rules and regulations; conduct and discipline of members and others; enforcement; notice and hearing; member seeking injunction or restraining order; refusal to vacate premises; "member" defined.
• 76-1956: Custodians of members' funds at veterans' home; depositories; deposits with state treasurer.
• 76-1957: Transfer of trust funds of deceased members and patients to general fees fund of the veterans' home; notice; claims.
• 76-1958: Transfer of certain patients from certain institutions to veterans' home; priorities.

• 76-1901: Name of institution. The institution established upon the Fort Dodge military reservation shall be known as "the Kansas soldiers' home," and any reference to the Kansas soldiers' home, or Mother Bickerdyke annex, or to the "Kansas soldiers' home and Mother Bickerdyke annex" in any law of this state shall be construed as referring to the Kansas soldiers' home and any and all statutory provisions made for the Mother Bickerdyke annex shall be construed as referring to the Kansas soldiers' home.

        History:   R.S. 1923, 76-1901; L. 1951, ch. 86, § 9; L. 1973, ch. 384, § 1; July 1.

• 76-1902: Institution established. Laws 1889, chapter 235, preamble, included by reference. [The preamble referred to the request of the legislature to congress for the donation of the Fort Hays and Fort Dodge military reservations for the purpose of establishing soldiers' homes thereon. Section 1 of the act originally provided that whenever either of the reservations referred to were donated to the state, there should be established thereon an institution to be known as "the Kansas soldiers' home."]

        History:   R.S. 1923, 76-1902, 1.

• 76-1902a: Same. Laws 1889, chapter 235, section 15, included by reference. [This section provided that upon the donation of either of the reservations mentioned in the preamble the governor should cause the act to be published, together with the act of congress making the donation, and same should then take effect.]

        History:   R.S. 1923, 76-1902, 2.

• 76-1902b: Same. Laws 1891, chapter 200, sections 1 and 2, included by reference. [This act accepted the act of congress approved August 27, 1888, entitled "An act to provide aid to state and territorial homes for the support of disabled soldiers and sailors of the United States," and designated the governor of the state as the officer to act for the state in the matter of the donation from the federal government.]

        History:   R.S. 1923, 76-1902, 3.

• 76-1903:

        History:   R.S. 1923, 76-1903; Repealed, L. 1945, ch. 344, § 7; June 28.

• 76-1904: Control of institution; superintendent, appointment, salary, duties and powers. (a) The Kansas commission on veterans affairs shall have full control of the Kansas soldiers' home, the property, effects, supervision and management thereof.

        (b)   A superintendent of the Kansas soldiers' home shall be appointed by the Kansas commission on veterans affairs, and shall serve at the pleasure of the commission. The superintendent shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the Kansas commission on veterans affairs, with the approval of the governor. The superintendent of the Kansas soldiers' home shall perform such duties and exercise such powers as the commission may prescribe, and such duties and powers as are prescribed by law.

        History:   L. 1889, ch. 235, § 7; R.S. 1923, 76-1904; L. 1941, ch. 344, § 2; L. 1945, ch. 344, § 1; L. 1953, ch. 361, § 9; L. 1976, ch. 370, § 102; L. 1986, ch. 278, § 6; July 1.

• 76-1904a: Rates of charges to members and patients; authority of Kansas veterans' commission. The Kansas veterans' commission shall establish rates of charges to be made to members and patients of the Kansas soldiers' home. Such charges shall not exceed an amount equal to the per diem cost of care for the preceding year or the charge made against patients under K.S.A. 59-2006 and amendments thereto, whichever is the smaller. No action shall be commenced by the Kansas veterans' commission against a member or patient or the estate of a member or patient for the recovery of any such charges unless such action is commenced within five (5) years after the date such charges are incurred. Such commission may compromise and settle any claim for charges hereunder, and may, upon payment of a valuable consideration by the member or patient or his or her estate, discharge and release such member, patient or estate of any or all past liability incurred hereunder. Whenever the commission shall negotiate a compromise agreement to settle any claim due or claim to be due from a member or a patient or his or her estate, no action shall thereafter be brought or claim made for any amounts due for charges incurred prior to the effective date of the agreement entered into, except for the amounts provided for in the agreement. Nothing in this act shall be deemed to extend the period specified in K.S.A. 59-2239 for the purposes therein specified.

        History:   L. 1973, ch. 384, § 3; July 1.

• 76-1904b: Same; frequency of remittance of moneys received. Nothing in this act shall be deemed to authorize remittances to be made less frequently than is authorized under K.S.A. 75-4215.

        History:   L. 1973, ch. 384, § 4; July 1.

• 76-1905:

        History:   L. 1907, ch. 396, § 1; R.S. 1923, 76-1905; Repealed, L. 1941, ch. 344, § 3; June 30.

• 76-1906: Disposition of moneys; soldiers' home fee fund. The superintendent of the Kansas soldiers' home shall remit all moneys received by or for the superintendent under article 19 of chapter 76 of Kansas Statutes Annotated, and amendments thereto, and all moneys received from the United States veterans administration for reimbursements for the care of residents 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 soldiers' home fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas veterans' commission or by a person or persons designated by the director.

        History:   R.S. 1923, 76-1906; L. 1953, ch. 361, § 10; L. 1967, ch. 477, § 1; L. 1973, ch. 384, § 2; L. 1985, ch. 305, § 1; L. 2001, ch. 5, § 430; July 1.

• 76-1907:

        History:   L. 1923, ch. 33, § 4; R.S. 1923, 76-1907; L. 1953, ch. 361, § 11; Repealed, L. 1973, ch. 384, § 6; July 1.

• 76-1908: Persons eligible for admission; application; discharges, hearing; priorities for admission. (a) The following, subject to the rules and regulations that may be adopted by the Kansas commission on veterans affairs for the management and government of the Kansas soldiers' home shall be eligible to admission to the Kansas soldiers' home:

        (1)   Any person who served in the active military service of the United States during any period of war, or who served in the active military service of the United States during peacetime and is entitled to veterans administration hospitalization or domiciliary care under title 38, United States code and veterans administration rules and regulations, and who has been discharged or relieved therefrom under conditions other than dishonorable, who may be disabled by disease, wounds, old age or otherwise disabled, and who, by reason of such disability, is incapacitated from earning a living.

        (2)   The widow, mother, widower, father or minor child of any person who qualified under paragraph (1) of subsection (a), if such widow, mother, widower, father or minor child is incapable of self-support because of physical disability.

        (b)   No person shall be admitted to the soldiers' home except upon application to the commission and approval of the application by the commission. No applicant shall be admitted to the soldiers' home who has not been an actual resident of the state of Kansas for at least two years next preceding the date of application.

        (c)   No person shall be admitted to or retained in the soldiers' home who has been convicted of a felony, unless the commission finds that such person has been adequately rehabilitated and is not dangerous to oneself or to the person or property of others.

        (d)   No child shall be admitted to or retained in the soldiers' home who is 16 years of age or over, unless such child is incapable of supporting oneself.

        (e)   No child properly a member of the home shall be discharged under 16 years of age.

        (f)   The Kansas commission on veterans affairs shall have authority by resolution to discharge any member from the soldiers' home on a showing that the member has gained admittance into the soldiers' home by misrepresentation of the member's financial or physical condition, or a showing that the financial or physical condition of such member has been so altered since admittance so that the further maintenance of the member in the soldiers' home is not justified. No such member shall be discharged without notice and opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act.

        (g)   The rules and regulations for admission of members to the Kansas soldiers' home: (1) Shall require that a veteran who has no adequate means of support, and such members of the family as are dependent upon such person for support, shall be given priority over other applicants for admission; and (2) shall require that an applicant for admission be given priority over patients transferred from state institutions under the provisions of K.S.A. 76-1936 and amendments thereto.

        History:   L. 1923, ch. 230, § 1; R.S. 1923, 76-1908; L. 1929, ch. 269, § 1; L. 1945, ch. 344, § 2; L. 1951, ch. 469, § 1; L. 1953, ch. 361, § 12; L. 1957, ch. 470, § 1; L. 1965, ch. 493, § 1; L. 1967, ch. 477, § 2; L. 1975, ch. 52, § 26; L. 1987, ch. 361, § 1; L. 1988, ch. 356, § 311; July 1, 1989.

• 76-1909:

        History:   L. 1889, ch. 235, § 9; R.S. 1923, 76-1909; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1910:

        History:   L. 1895, ch. 25, § 2; R.S. 1923, 76-1910; Repealed, L. 1943, ch. 269, § 28; June 30.

• 76-1911:

        History:   L. 1889, ch. 235, § 12; R.S. 1923, 76-1911; Repealed, L. 1941, ch. 344, § 3; June 30.

• 76-1912:

        History:   L. 1895, ch. 25, § 5; R.S. 1923, 76-1912; L. 1945, ch. 344, § 3; Repealed, L. 1967, ch. 477, § 5; July 1.

• 76-1913:

        History:   L. 1897, ch. 41, § 3; R.S. 1923, 76-1913; Repealed, L. 1953, ch. 361, § 2; July 1.

• 76-1914:

        History:   R.S. 1923, 76-1914; L. 1951, ch. 469, § 2; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1915:

        History:   L. 1893, ch. 148, § 4; L. 1917, ch. 304, § 1; L. 1921, ch. 284, § 1; R.S. 1923, 76-1915; L. 1929, ch. 270, § 1; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1916:

        History:   L. 1893, ch. 148, § 5; R.S. 1923, 76-1916; Repealed, L. 1941, ch. 344, § 3; June 30.

• 76-1917:

        History:   R.S. 1923, 76-1917; Repealed, L. 1941, ch. 344, § 3; June 30.

• 76-1918:

        History:   L. 1915, ch. 334, § 1; R.S. 1923, 76-1918; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1919:

        History:   L. 1907, ch. 397, § 1; R.S. 1923, 76-1919; L. 1929, ch. 270, § 2; L. 1937, ch. 342, § 1; L. 1945, ch. 344, § 4; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1919a:

        History:   L. 1937, ch. 343, § 1; Repealed, L. 1945, ch. 344, § 7; June 28.

• 76-1920:

        History:   R.S. 1923, 76-1920; Repealed, L. 1967, ch. 477, § 5; July 1.

• 76-1921:

        History:   L. 1903, ch. 480, § 2; R.S. 1923, 76-1921; Repealed, L. 1941, ch. 344, § 3; June 30.

• 76-1922:

        History:   L. 1903, ch. 481, § 1; R.S. 1923, 76-1922; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1923:

        History:   R.S. 1923, 76-1923; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1924:

        History:   L. 1935, ch. 216, § 1; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1925, 76-1926:

        History:   L. 1935, ch. 216, §§ 2, 3; Repealed, L. 1953, ch. 361, § 29; July 1.

• 76-1927: Rules and regulations for management and operation of home; conduct and discipline of members and others. The Kansas veterans' commission shall have the authority to establish rules and regulations for the management and operation of the Kansas soldiers' home and governing conduct and discipline of the members of and other persons in the Kansas soldiers' home. Such rules and regulations shall be filed with the secretary of state as provided by law.

        History:   L. 1941, ch. 365, § 1; L. 1945, ch. 344, § 5; L. 1953, ch. 361, § 13; L. 1988, ch. 366, § 28; June 1.

• 76-1928: Same; enforcement. The superintendent of the Kansas soldiers' home shall enforce such rules and regulations and he or she may furlough any member for violation of such rules.

        History:   L. 1941, ch. 365, § 2; L. 1953, ch. 361, § 14; July 1.

• 76-1929: Same; discharge of violating members; notice and hearing. The Kansas veterans' commission may discharge any member who violates such rules and regulations, except that no member shall be discharged without notice to such member and a right to be heard concerning such charges in accordance with the provisions of the Kansas administrative procedure act.

        History:   L. 1941, ch. 365, § 3; L. 1953, ch. 361, § 15; L. 1988, ch. 356, § 312; July 1, 1989.

• 76-1930: Same; member seeking injunction or restraining order. If any member shall seek an injunction or restraining order to restrain the Kansas veterans' commission or the officers of such Kansas soldiers' home from enforcing such rules and regulations or to restrain disciplinary action, during the pendency of such legal proceedings, such member and his or her dependents, if any, shall not be entitled to draw subsistence or rations as provided for by such home.

        History:   L. 1941, ch. 365, § 4; L. 1953, ch. 361, § 16; July 1.

• 76-1931: Same; member refusing to vacate premises, when; forfeiture of rights. If any member of such soldiers' home shall refuse to vacate the premises upon receiving a furlough from the officers designated to enforce the rules and regulations, such refusal shall constitute a forfeiture of his or her right to remain in the home and such member shall be forthwith discharged by the Kansas veterans' commission.

        History:   L. 1941, ch. 365, § 5; L. 1953, ch. 361, § 17; July 1.

• 76-1932: Same; legal proceedings. If any member shall refuse to vacate the premises upon being discharged by the Kansas veterans' commission, such member shall forthwith forfeit his or her right to subsistence and rations for himself or herself and dependents, if any, and the Kansas veterans' commission shall institute legal proceedings to force such member to vacate the premises.

        History:   L. 1941, ch. 365, § 6; L. 1953, ch. 361, § 18; July 1.

• 76-1933: Same; member defined. The word "member" as used in this act shall refer to any person legally admitted as a member or any dependent of such member, or any person drawing subsistence or quarters in the Kansas soldiers' home for any reason whatsoever, except the employees of such soldiers' home: Provided, That the word "member" shall not include any person transferred to said soldiers' home from any state hospital or training school.

        History:   L. 1941, ch. 365, § 7; L. 1953, ch. 361, § 19; July 1.

• 76-1934:

        History:   L. 1941, ch. 365, § 8; L. 1953, ch. 361, § 20; Repealed, L. 1967, ch. 477, § 5; July 1.

• 76-1935: Custodians of members' funds at home; designation of depositories; funds deposited with state treasurer. The Kansas veterans' commission shall designate a person at the Kansas soldiers' home who shall be in charge of the member funds at such soldiers' home. The person so designated shall have custody and charge of all moneys belonging to the members, or persons attending the Kansas soldiers' home, which are held for their use, benefit and burial. Said Kansas veterans' commission shall designate the bank or banks, in which such moneys shall be deposited, and shall provide that any sums in excess of five thousand dollars ($5,000) shall be deposited with the state treasurer for safekeeping. Any fund so deposited with the state treasurer shall be held by him or her, separate and apart from the other funds in his or her custody, and may be withdrawn by the person designated by said Kansas veterans' commission.

        History:   L. 1941, ch. 367, § 1; L. 1953, ch. 361, § 21; L. 1967, ch. 434, § 64; July 1.

• 76-1935a: Transfer of trust funds of deceased members and patients of home to general fund of agency; notice; claims; payment; limitations. The custodian of the members and patients trust fund at the Kansas soldiers' home shall notify the executive director of the Kansas veterans' commission of any moneys which are under the custodian's charge belonging to members who have died intestate, without known heirs or designated beneficiaries for funds on deposit, and the executive director shall publish a notice for two consecutive weeks in the Kansas register which shall state the name of each deceased member, their last known home address and the amount of the deposit remaining in the account of such former member; and such notice shall further state that unless interested persons appear and file a legitimate claim therefor within one year after the date of the last publication of such notice, said amount or amounts will be transferred to the general fees fund of the soldiers' home to help defray unrecovered costs connected with the maintenance and operation of the soldiers' home and for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services which are performed on behalf of such agency by other state agencies.

        Unless a party entitled thereto shall make claim within the time stated in the notice, the balance in any former member's fund as so published for which no claim is made as prescribed herein shall be transferred as hereinabove provided. Thereafter, unless a claim is filed with the veterans' commission within two years after such transfer is made, no claim may be made or filed for such former member's fund except that a person under legal disability during the two-year period may file a claim within one year after removal of the disability. The veterans' commission is hereby authorized to make payments to claimants it shall determine are entitled thereto, if such claims otherwise comply with the terms of this act; and such payments shall be authorized from the general fees fund of the Kansas soldiers' home to which the former members funds were transferred.

        History:   L. 1972, ch. 345, § 1; L. 1976, ch. 370, § 103; L. 1981, ch. 324, § 32; Jan. 1, 1982.

• 76-1936: Transfer of patients from certain institutions to soldiers' home; priorities. (a) The commissioner of mental health and developmental disabilities of the department of social and rehabilitation services, with the approval of the secretary of social and rehabilitation services and the Kansas veterans' commission, may transfer patients in the state hospitals at Topeka, Osawatomie and Larned and patients in the Rainbow mental health facility, the Parsons state hospital and training center and the Winfield state hospital and training center who have served in the military or naval forces of the United States or whose husband, wife, father, son or daughter has served in the active military or naval service of the United States during any period of any war as defined in K.S.A. 76-1908, and was discharged or relieved therefrom under conditions other than dishonorable, to the Kansas soldiers' home. No patient who is such a mentally ill person, in the opinion of the commissioner of mental health and developmental disabilities, that because of such patient's illness such patient is likely to injure themself or others shall be so transferred to such Kansas soldiers' home, and no such patient shall be so transferred if such transfer will deny admission to persons entitled to admission under K.S.A. 76-1908 and rules and regulations promulgated thereunder. Persons so transferred shall not be considered as members of the Kansas soldiers' home but shall be considered as patients therein.

        (b)   All of the laws, rules and regulations relating to patients in the above-specified state hospitals and mental health facility shall be applicable to such patients so transferred insofar as the same can be made applicable. Any patient so transferred who is found to be or shall become such a mentally ill person, in the opinion of the commissioner of mental health and developmental disabilities, that because of such patient's illness such patient is likely to injure themself or others or who is determined to need additional psychiatric treatment, shall be retransferred by the superintendent of the Kansas soldiers' home, with the approval of the commissioner of mental health and developmental disabilities, to the institution from whence the patient was originally transferred.

        History:   L. 1953, ch. 361, § 22; L. 1957, ch. 470, § 2; L. 1965, ch. 493, § 2; L. 1967, ch. 477, § 3; L. 1978, ch. 349, § 10; L. 1995, ch. 234, § 33; Jan. 1, 1996.

• 76-1937:

        History:   L. 1953, ch. 361, § 23; L. 1957, ch. 470, § 3; Repealed, L. 1967, ch. 477, § 5; July 1.

• 76-1938: Board of managers abolished; transfer of records and property. The board of managers provided for and created by section 74-2301 of the General Statutes of 1949 is hereby abolished and said board of managers shall transfer, deliver and turn over to the Kansas veterans' commission created by this act all of the property, books, records, files and office equipment of said board of managers or under its control, and the same shall thereafter be under the control and custody of the Kansas veterans' commission.

        History:   L. 1953, ch. 361, § 24; July 1.

• 76-1939: Farming operations at soldiers' home prohibited; lease of farm lands; disposition of moneys. The Kansas veterans' commission shall not engage in farming operations on the farm land which are part of the lands of the Kansas soldiers' home except that the commission may engage in and permit vegetable gardening on a portion of such lands. All such farm lands not needed or used for vegetable gardening shall be rented or leased, for a period not to exceed five years, by the commission, except that if the Kansas state university of agriculture and applied science shall request that such lands be rented or leased to it for agricultural experimental purposes, it shall be given preference when such lands are rented or leased. Any such rental or lease agreement shall not include any buildings or improvements other than irrigation pumps and facilities. All moneys derived from the lease or rental of such farm lands shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas soldiers' home and Mother Bickerdyke annex fee fund for the use of such soldiers' home.

        History:   L. 1953, ch. 361, § 25; L. 1967, ch. 477, § 4; L. 2001, ch. 5, § 431; July 1.

• 76-1940: Office of superintendent provided to be appointed by secretary of human resources abolished; transfer of powers, duties and functions. (a) On July 1, 1986, the office of superintendent of the Kansas soldiers' home provided for by K.S.A. 1985 Supp. 75-5719 shall be and is hereby abolished.

        (b)   On July 1, 1986, except as otherwise provided in this act, all of the powers, duties and functions of the existing superintendent of the Kansas soldiers' home are hereby transferred to and conferred and imposed upon the superintendent of the Kansas soldiers' home provided for by K.S.A. 76-1904, and amendments thereto.

        (c)   Except as otherwise provided in this act, the superintendent of the Kansas soldiers' home provided for by this act shall be the successor in every way to the powers, duties and functions of the superintendent of the Kansas soldiers' home abolished by this act in which the same were vested prior to July 1, 1986. Every act performed in the exercise of such powers, duties and functions by or under the authority of the superintendent of the Kansas soldiers' home provided for by this act shall be deemed to have the same force and effect as if performed by the superintendent of the Kansas soldiers' home abolished by this act in which the authority to perform such act was vested prior to July 1, 1986. The superintendent of the Kansas soldiers' home provided for by this act shall be a continuation of the superintendent of the Kansas soldiers' home abolished by this act.

        (d)   Except as otherwise provided in this act, on and after July 1, 1986, whenever the superintendent of the Kansas soldiers' home, or words of like effect, is referred to or designated by a statute, contract or other document such reference or designation shall be deemed to mean and apply to the superintendent of the Kansas soldiers' home provided for by this act.

        History:   L. 1986, ch. 278, § 7; July 1.

• 76-1941: Contracts for single-family dwellings at Kansas soldiers' home; construction, standards; life estates. (a) The Kansas commission on veterans' affairs may enter into a written contract with any individual who is eligible for admission to the Kansas soldiers' home under K.S.A. 76-1908, and amendments thereto, to authorize the construction of a single-family dwelling for use as a home for such individual and such individual's family members on the real property of the Kansas soldiers' home in accordance with rules and regulations adopted by the Kansas commission on veterans affairs under this section. Each such dwelling shall be constructed and maintained (1) at the expense of the individual entering into a contract with the commission under this section, including any required sewer, water and utility connections, (2) at a location on the real property of the Kansas soldiers' home approved in accordance with rules and regulations adopted by the commission under this section, and (3) in accordance with the building design, construction and materials standards as authorized or prescribed by rules and regulations adopted by the commission under this section.

        (b) The Kansas commission on veterans affairs shall grant a life estate to each individual who enters into a contract under this section and who constructs a dwelling at the Kansas soldiers' home in accordance with this section and the rules and regulations adopted by the commission under this section. The life estate shall be for the dwelling and the tract of real property that the dwelling is constructed on, as specified in the contract entered into under this section, for the life of the individual and the lives of such individual's family members who are residing in the dwelling. Each life estate granted by the commission under this section shall be approved as to form and legality by the attorney general.

        (c) At the end of each life estate granted under this section, the dwelling and real estate which is the subject of the life estate shall revert to the Kansas soldiers' home and such dwelling and real estate shall be used for housing of veterans and other eligible individuals admitted to the Kansas soldiers' home as provided by statute.

        (d) The Kansas commission on veterans affairs shall adopt rules and regulations prescribing policies and procedures for the construction and maintenance of single-family dwellings on the real estate of Kansas soldiers' home, prescribing building design, construction and materials standards for such dwellings, and for such other matters as may be required for the implementation and administration of this section. No rule and regulation shall be adopted by the Kansas commission on veterans affairs under this subsection unless the Kansas commission on veterans affairs first has advised and consulted with the joint committee on state building construction and has presented such proposed rule and regulation to the joint committee on state building construction.

        (e) As used in this section, "family members" includes the spouse of an individual who has entered into a contract under this section, the widow or widower of an individual who has entered into a contract under this section, and the mother, father or minor child of an individual who has entered into a contract under this section, if such mother, father or minor child is incapable of self-support because of physical disability.

        History:   L. 1997, ch. 118, § 9; July 1.

• 76-1942 to 76-1950: Reserved.
• 76-1951: Institution establishment; operation and control; superintendent; agreement for Winfield state hospital and training center facilities; long-term care annex in Wichita. (a) On and after January 1, 1998, the Kansas commission on veterans affairs shall operate a Kansas veterans' home to be located on the grounds of Winfield state hospital and training center. The commission on veterans affairs and the secretary of social and rehabilitation services shall enter into an agreement concerning property, premises, facilities, installations, equipment and records of Winfield state hospital and training center which will be transferred to the Kansas commission on veterans affairs for the purpose of establishing and operating the Kansas veterans' home. The agreement shall establish the timing of any such transfers. Any conflict as to the proper disposition of property or records arising under this section shall be determined by the governor, whose decision shall be final.

        (b)   The Kansas commission on veterans affairs shall have full control of the Kansas veterans' home, the property, effects, supervision and management of the home.

        (c)   The Kansas commission on veterans affairs may enter into an agreement with the United States department of veterans affairs for the use and operation of the nursing care unit of the Wichita veterans administration medical center in Wichita, Kansas, as a long-term care unit of the Kansas veterans' home, which shall be known as the Kansas veterans' home long-term care annex. The Kansas veterans' home long-term care annex shall be operated as a part of the Kansas veterans' home and shall be construed to be part of the Kansas veterans' home for all purposes under statutes governing or referring to the Kansas veterans' home.

        (d)   A superintendent of the Kansas veterans' home shall be appointed by the Kansas commission on veterans affairs, and shall serve at the pleasure of the commission. The superintendent shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the Kansas commission on veterans affairs, with the approval of the governor. The superintendent of the Kansas veterans' home shall perform such duties and exercise such powers as the commission may prescribe, and such duties and powers as are prescribed by law.

        History:   L. 1997, ch. 118, § 1; July 1.

• 76-1952: Rates and charges to members and patients; authority of Kansas veterans' commission. The Kansas commission on veterans affairs shall establish rates of charges to be made to members and patients of the Kansas veterans' home. The charges in the first year of operation of the Kansas veterans' home shall not exceed an amount equal to the per diem cost of care for the Kansas soldiers' home for the preceding year or the charge made against patients under K.S.A. 59-2006 and amendments thereto, whichever is less, and thereafter the charges shall not exceed an amount equal to the per diem cost of care for the Kansas veterans' home for the preceding year or the charge made against patients under K.S.A. 59-2006 and amendments thereto, whichever is the lesser amount. No action shall be commenced by the Kansas commission on veterans affairs against a member or patient or the estate of a member or patient for the recovery of any such charges unless such action is commenced within five years after the date such charges are incurred. The commission may compromise and settle any claim for charges under this section, and may, upon payment of a valuable consideration by the member or patient or the estate of the member or patient, discharge and release such member, patient or estate of any or all past liability incurred under this section due or claim to be due from a member or a patient or the estate of the member or patient, no action shall thereafter be brought or claim made for any amounts due for charges incurred prior to the effective date of the agreement entered into, except for the amounts provided for in the agreement. Nothing in this act shall be deemed to extend the period specified in K.S.A. 59-2239 and amendments thereto for the purposes therein specified.

        History:   L. 1997, ch. 118, § 2; July 1.

• 76-1953: Disposition of moneys; veterans' home fee fund. The superintendent of the Kansas veterans' home shall remit all moneys received by or for the superintendent under this act and all moneys received from the United States department of veterans affairs for reimbursements for the care of residents 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 veterans' home fee fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director of the Kansas commission on veterans affairs or by a person or persons designated by the executive director.

        History:   L. 1997, ch. 118, § 3; L. 2001, ch. 5, § 432; July 1.

• 76-1954: Persons eligible for admission; application; discharges, hearing; priorities for admission. (a) The following, subject to the rules and regulations that may be adopted by the Kansas commission on veterans affairs for the management and government of the Kansas veterans' home, shall be eligible to admission to the Kansas veterans' home:

        (1)   Any person who served in the active military service of the United States during any period of war, or who served in the active military service of the United States during peacetime and is entitled to veterans affairs hospitalization or domiciliary care under title 38 of the United States code and federal veterans affairs rules and regulations, and who has been discharged or relieved therefrom under conditions other than dishonorable, who may be disabled by disease, wounds, old age or otherwise disabled, and who, by reason of such disability, is incapacitated from earning a living; and

        (2)   the widow, mother, widower, father or minor child of any person who qualified under paragraph (1) of subsection (a), if such widow, mother, widower, father or minor child is incapable of self-support because of physical disability.

        (b)   No person shall be admitted to the veterans' home except upon application to the commission and approval of the application by the commission. No applicant shall be admitted to the veterans' home who has not been an actual resident of the state of Kansas for at least two years next preceding the date of application.

        (c)   No person shall be admitted to or retained in the veterans' home who has been convicted of a felony, unless the commission finds that such person has been adequately rehabilitated and is not dangerous to oneself or to the person or property of others.

        (d)   No child shall be admitted to or retained in the veterans' home who is 16 years of age or over, unless such child is incapable of supporting oneself.

        (e)   No child properly a member of the veterans' home shall be discharged under 16 years of age.

        (f)   The Kansas commission on veterans affairs shall have authority by resolution to discharge any member from the veterans' home on a showing that the member has gained admittance into the veterans' home by misrepresentation of the member's financial or physical condition, or a showing that the financial or physical condition of such member has been so altered since admittance so that the further maintenance of the member in the veterans' home is not justified. No such member shall be discharged without notice and opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act.

        (g)   The rules and regulations for admission of members to the Kansas veterans' home:

        (1)   Shall require that a veteran who has no adequate means of support, and such members of the family as are dependent upon such person for support, shall be given priority over other applicants for admission; and

        (2)   shall require that an applicant for admission be given priority over patients transferred from state institutions under the provisions of K.S.A. 76-1958 and amendments thereto.

        History:   L. 1997, ch. 118, § 4; July 1.

• 76-1955: Management and operation of home, rules and regulations; conduct and discipline of members and others; enforcement; notice and hearing; member seeking injunction or restraining order; refusal to vacate premises; "member" defined. (a) The Kansas commission on veterans affairs shall have the authority to establish rules and regulations for the management and operation of the Kansas veterans' home and governing conduct and discipline of the members of and other persons in the Kansas veterans' home. Such rules and regulations shall be filed with the secretary of state as provided by law.

        (b)   The superintendent of the Kansas veterans' home shall enforce such rules and regulations, and the superintendent may furlough any member for violation of such rules.

        (c)   The Kansas commission on veterans affairs may discharge any member who violates such rules and regulations, except that no member shall be discharged without notice to such member and a right to be heard concerning such charges in accordance with the provisions of the Kansas administrative procedure act.

        (d)   If any member shall seek an injunction or restraining order to restrain the Kansas commission on veterans affairs or the officers of such Kansas veterans' home from enforcing such rules and regulations or to restrain disciplinary action, during the pendency of such legal proceedings, such member and the member's dependents, if any, shall not be entitled to draw subsistence or rations as provided for by such home.

        (e)   If any member of such veterans' home shall refuse to vacate the premises upon receiving a furlough from the officers designated to enforce the rules and regulations, such refusal shall constitute a forfeiture of such member's right to remain in the home and such member shall be forthwith discharged by the Kansas commission on veterans affairs.

        (f)   If any member shall refuse to vacate the premises upon being discharged by the Kansas commission on veterans affairs, such member shall forthwith forfeit the member's right to subsistence and rations for such member and dependents, if any, and the Kansas commission on veterans affairs shall institute legal proceedings to force such member to vacate the premises.

        (g)   The word "member" as used in this act shall refer to any person legally admitted as a member or any dependent of such member, or any person drawing subsistence or quarters in the Kansas veterans' home for any reason whatsoever, except the employees of such veterans' home. The word "member" shall not include any person transferred to the veterans' home from any state hospital or training school.

        History:   L. 1997, ch. 118, § 5; July 1.

• 76-1956: Custodians of members' funds at veterans' home; depositories; deposits with state treasurer. The Kansas commission on veterans affairs shall designate a person at the Kansas veterans' home who shall be in charge of the member funds at such veterans' home. The person so designated shall have custody and charge of all moneys belonging to the members, or patients residing in the Kansas veterans' home, which are held for their use, benefit and burial. The Kansas commission on veterans affairs shall designate the bank or banks, in which such moneys shall be deposited, and shall provide that any sums in excess of $5,000 shall be deposited with the state treasurer for safekeeping. Any fund so deposited with the state treasurer shall be held by the state treasurer, separate and apart from the other funds in the custody of the state treasurer, and may be withdrawn by the person designated by the Kansas commission on veterans affairs.

        History:   L. 1997, ch. 118, § 6; July 1.

• 76-1957: Transfer of trust funds of deceased members and patients to general fees fund of the veterans' home; notice; claims. (a) The custodian of the members and patients trust fund at the Kansas veterans' home shall notify the executive director of the Kansas commission on veterans affairs of any moneys which are under the custodian's charge belonging to members who have died intestate, without known heirs or designated beneficiaries for funds on deposit, and the executive director shall publish a notice for two consecutive weeks in the Kansas register which shall state the name of each deceased member, their last known home address and the amount of the deposit remaining in the account of such former member; and such notice shall further state that unless interested persons appear and file a legitimate claim therefor within one year after the date of the last publication of such notice, such amount or amounts will be transferred to the general fees fund of the veterans' home to help defray unrecovered costs connected with the maintenance and operation of the veterans' home and for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services which are performed on behalf of such agency by other state agencies.

        (b)   Unless a party entitled thereto makes claim within the time stated in the notice, the balance in any former member's fund as so published for which no claim is made as prescribed in this section shall be transferred as provided in this section. Thereafter, unless a claim is filed with the commission on veterans affairs within two years after such transfer is made, no claim may be made or filed for such former member's fund except that a person under legal disability during the two-year period may file a claim within one year after removal of the disability. The commission on veterans affairs is hereby authorized to make payments to claimants it shall determine are entitled thereto, if such claims otherwise comply with the terms of this act; and such payments shall be authorized from the general fees fund of the Kansas veterans' home to which the former member's funds were transferred.

        History:   L. 1997, ch. 118, § 7; July 1.

• 76-1958: Transfer of certain patients from certain institutions to veterans' home; priorities. (a) The commissioner of mental health and developmental disabilities of the department of social and rehabilitation services, with the approval of the secretary of social and rehabilitation services and the Kansas commission on veterans affairs, may transfer patients in the state hospitals in Topeka, Osawatomie and Larned and patients in the Rainbow mental health facility, the Parsons state hospital and training center and the Winfield state hospital and training center who have served in the military or naval forces of the United States or whose husband, wife, father, son or daughter has served in the active military or naval service of the United States during any period of any war as defined in K.S.A. 76-1954 and amendments thereto, and was discharged or relieved therefrom under conditions other than dishonorable, to the Kansas veterans' home. No patient who is such a mentally ill person, in the opinion of the commissioner of mental health and developmental disabilities, that because of such patient's illness such patient is likely to injure oneself or others shall be so transferred to such Kansas veterans' home, and no such patient shall be so transferred if such transfer will deny admission to persons entitled to admission under K.S.A. 76-1954 and amendments thereto and rules and regulations promulgated thereunder. Persons so transferred shall not be considered as members of the Kansas veterans' home but shall be considered as patients therein.

        (b)   All of the laws, rules and regulations relating to patients in the above-specified state hospitals and mental health facilities shall be applicable to such patients so transferred insofar as the same can be made applicable. Any patient so transferred who is found to be or shall become such a mentally ill person, in the opinion of the commissioner of mental health and developmental disabilities, that because of such patient's illness such patient is likely to injure oneself or others or who is determined to need additional psychiatric treatment, shall be retransferred by the superintendent of the Kansas veterans' home, with the approval of the commissioner of mental health and developmental disabilities, to the institution from which the patient was originally transferred.

        History:   L. 1997, ch. 118, § 8; July 1.