(a) Proof of residence. In addition to establishing the veteran
status of the person for whom an application under the program is submitted as
specified in
K.A.R.
97-7-2, the applicant shall establish to the
satisfaction of the director of veteran services that the person was a legal
resident of Kansas during the person's active service within the period
beginning February 28, 1961 and ending May 7, 1975. The proof of residence
shall be the official records of the United States or other evidence deemed
sufficient by the director of veteran services.
A legal resident of Kansas shall mean an individual for whom
Kansas was the state of domicile while serving in the United States armed
forces or a reserve component of the United States armed forces within the
period specified in this subsection and who did not claim legal residence in
any other state during that period of active service, without regard to the
place of enlistment, commission, or induction. A service member's legal
residence shall not change by virtue of military assignment to another
state.
(b) Home of record in Kansas shown in official military
records. Each veteran whose home of record is listed as Kansas in official
military records showing qualifying active service within the period beginning
February 28, 1961 and ending May 7, 1975 shall be considered a legal resident
without regard to the veteran's place of enlistment, commission, or
induction.
(c) Home of record in Kansas not shown in official military
records. In making a determination of legal residence if official military
records do not show Kansas as the veteran's home of record for the period of
active service, the director of veteran services shall apply a rebutt-able
presumption that the veteran was not a legal resident of Kansas. The applicant
may rebut this presumption by showing facts and circumstances establishing that
Kansas was the veteran's legal residence because Kansas was the veteran's
permanent place of abode to which the veteran intended to return.
(d) Documentation. If an applicant is unable to document the
veteran's legal residence in Kansas by means of official military records
showing a home of record in Kansas during the period of active service, the
director of veteran services may consider the following documentation when
determining whether sufficient evidence exists to show that the veteran was a
legal resident of Kansas who did not claim legal residence in any other state
at that time:
(1) Voter registration records for the period beginning
February 28, 1961 and ending May 7, 1975;
(2) proof of payment of state income tax as a resident for the
period beginning February 28, 1961 and ending May 7, 1975;
(3)
(A) Kansas driver's license or Kansas identification card;
and
(B) any similar documentation for the period beginning February
28, 1961 and ending May 7, 1975;
(4) other proof of a Kansas residential address for the period
beginning February 28, 1961 and ending May 7, 1975, including a high school
diploma or attendance record for a Kansas high school, real estate records,
utility receipts, and any other records showing residence in Kansas; and
(5) an affidavit of residence submitted by the applicant under
penalty of law in which the applicant swears or affirms that the veteran on
whose behalf the application under the program is submitted remained a legal
resident of Kansas and did not claim legal residence in any other state for any
purpose during the period of active service occurring within the period
beginning February 28, 1961 and ending May 7, 1975.
