Session of 1998
                   
HOUSE BILL No. 2951
         
By Representatives Sawyer, Ballard, Burroughs, Correll, Crow, Findley,
                Gilbert, Johnston, Klein, Krehbiel, Kuether, Larkin, Phelps, Reardon,
                Ruff, Sharp, Showalter, Shriver, Spangler, Storm, Toelkes, Wells and
                Wempe
               
2-13
         
12             AN ACT relating to sales taxation; exempting building remodeling serv-
13             ices therefrom; amending K.S.A. 79-3603 and repealing the existing
14             section.
15            
16       Be it enacted by the Legislature of the State of Kansas:
17           Section 1. K.S.A. 79-3603 is hereby amended to read as follows:
18       79-3603. For the privilege of engaging in the business of selling tangible
19       personal property at retail in this state or rendering or furnishing any of
20       the services taxable under this act, there is hereby levied and there shall
21       be collected and paid a tax at the rate of 4.9% upon:
22           (a) The gross receipts received from the sale of tangible personal
23       property at retail within this state;
24           (b) (1) the gross receipts from intrastate telephone or telegraph serv-
25       ices and (2) the gross receipts received from the sale of interstate tele-
26       phone or telegraph services, which (A) originate within this state and
27       terminate outside the state and are billed to a customer's telephone num-
28       ber or account in this state; or (B) originate outside this state and ter-
29       minate within this state and are billed to a customer's telephone number
30       or account in this state except that the sale of interstate telephone or
31       telegraph service does not include: (A) Any interstate incoming or out-
32       going wide area telephone service or wide area transmission type service
33       which entitles the subscriber to make or receive an unlimited number of
34       communications to or from persons having telephone service in a speci-
35       fied area which is outside the state in which the station provided this
36       service is located; (B) any interstate private communications service to
37       the persons contracting for the receipt of that service that entitles the
38       purchaser to exclusive or priority use of a communications channel or
39       group of channels between exchanges; (C) any value-added nonvoice
40       service in which computer processing applications are used to act on the
41       form, content, code or protocol of the information to be transmitted; (D)
42       any telecommunication service to a provider of telecommunication serv-
43       ices which will be used to render telecommunications services, including

HB 2951

2

  1       carrier access services; or (E) any service or transaction defined in this
  2       section among entities classified as members of an affiliated group as
  3       provided by federal law (U.S.C. Section 1504);
  4           (c) the gross receipts from the sale or furnishing of gas, water, elec-
  5       tricity and heat, which sale is not otherwise exempt from taxation under
  6       the provisions of this act, and whether furnished by municipally or pri-
  7       vately owned utilities;
  8           (d) the gross receipts from the sale of meals or drinks furnished at
  9       any private club, drinking establishment, catered event, restaurant, eating
10       house, dining car, hotel, drugstore or other place where meals or drinks
11       are regularly sold to the public;
12           (e) the gross receipts from the sale of admissions to any place pro-
13       viding amusement, entertainment or recreation services including admis-
14       sions to state, county, district and local fairs, but such tax shall not be
15       levied and collected upon the gross receipts received from sales of ad-
16       missions to any cultural and historical event which occurs triennially;
17           (f) the gross receipts from the operation of any coin-operated device
18       dispensing or providing tangible personal property, amusement or other
19       services except laundry services, whether automatic or manually operated;
20           (g) the gross receipts from the service of renting of rooms by hotels,
21       as defined by K.S.A. 36-501 and amendments thereto, or by accommo-
22       dation brokers, as defined by K.S.A. 12-1692, and amendments thereto;
23           (h) the gross receipts from the service of renting or leasing of tangible
24       personal property except such tax shall not apply to the renting or leasing
25       of machinery, equipment or other personal property owned by a city and
26       purchased from the proceeds of industrial revenue bonds issued prior to
27       July 1, 1973, in accordance with the provisions of K.S.A. 12-1740 through
28       12-1749, and amendments thereto, and any city or lessee renting or leas-
29       ing such machinery, equipment or other personal property purchased
30       with the proceeds of such bonds who shall have paid a tax under the
31       provisions of this section upon sales made prior to July 1, 1973, shall be
32       entitled to a refund from the sales tax refund fund of all taxes paid
33       thereon;
34           (i) the gross receipts from the rendering of dry cleaning, pressing,
35       dyeing and laundry services except laundry services rendered through a
36       coin-operated device whether automatic or manually operated;
37           (j) the gross receipts from the rendering of the services of washing
38       and washing and waxing of vehicles;
39           (k) the gross receipts from cable, community antennae and other sub-
40       scriber radio and television services;
41           (l) the gross receipts received from the sales of tangible personal
42       property to all contractors, subcontractors or repairmen of materials and
43       supplies for use by them in erecting structures for others, or building on,

HB 2951

3

  1       or otherwise improving, altering, or repairing real or personal property
  2       of others;
  3           (m) the gross receipts received from fees and charges by public and
  4       private clubs, drinking establishments, organizations and businesses for
  5       participation in sports, games and other recreational activities, but such
  6       tax shall not be levied and collected upon the gross receipts received from:
  7       (1) Fees and charges by any political subdivision, or any youth recreation
  8       organization exclusively providing services to persons 18 years of age or
  9       younger which is exempt from federal income taxation pursuant to section
10       501(c)(3) of the federal internal revenue code of 1986, for participation
11       in sports, games and other recreational activities; and (2) entry fees and
12       charges for participation in a special event or tournament sanctioned by
13       a national sporting association to which spectators are charged an admis-
14       sion which is taxable pursuant to subsection (e);
15           (n) the gross receipts received from dues charged by public and pri-
16       vate clubs, drinking establishments, organizations and businesses, pay-
17       ment of which entitles a member to the use of facilities for recreation or
18       entertainment;
19           (o) the gross receipts received from the isolated or occasional sale of
20       motor vehicles or trailers but not including: (1) The transfer of motor
21       vehicles or trailers by a person to a corporation solely in exchange for
22       stock securities in such corporation; or (2) the transfer of motor vehicles
23       or trailers by one corporation to another when all of the assets of such
24       corporation are transferred to such other corporation; or (3) the sale of
25       motor vehicles or trailers which are subject to taxation pursuant to the
26       provisions of K.S.A. 79-5101 et seq., and amendments thereto, by an
27       immediate family member to another immediate family member. For the
28       purposes of clause (3), immediate family member means lineal ascendants
29       or descendants, and their spouses. In determining the base for computing
30       the tax on such isolated or occasional sale, the fair market value of any
31       motor vehicle or trailer traded in by the purchaser to the seller may be
32       deducted from the selling price;
33           (p) the gross receipts received for the service of installing or applying
34       tangible personal property which when installed or applied is not being
35       held for sale in the regular course of business, and whether or not such
36       tangible personal property when installed or applied remains tangible
37       personal property or becomes a part of real estate, except that no tax shall
38       be imposed upon the service of installing or applying tangible personal
39       property in connection with the   original construction, reconstruction, re-
40       modeling, restoration, renovation, replacement or repair of a building or
41       facility or the construction, reconstruction, restoration, replacement or
42       repair of a bridge or highway.
43           For the purposes of this subsection:

HB 2951

4

  1             (1) ``Original construction'' shall mean the first or initial construction
  2       of a new building or facility. The term ``original construction'' shall include
  3       the addition of an entire room or floor to any existing building or facility,
  4       the completion of any unfinished portion of any existing building or fa-
  5       cility and the restoration, reconstruction or replacement of a building or
  6       facility damaged or destroyed by fire, flood, tornado, lightning, explosion
  7       or earthquake, but such term shall not include replacement, remodeling,
  8       restoration, renovation or reconstruction under any other circumstances;
  9           (2) ``building''
10           (1) ``Building'' shall mean only those enclosures within which indi-
11       viduals customarily live or are employed, or which are customarily used
12       to house machinery, equipment or other property, and including the land
13       improvements immediately surrounding such building; and
14             (3) (2) ``facility'' shall mean a mill, plant, refinery, oil or gas well, water
15       well, feedlot or any conveyance, transmission or distribution line of any
16       cooperative, nonprofit, membership corporation organized under or sub-
17       ject to the provisions of K.S.A. 17-4601 et seq., and amendments thereto,
18       or of any municipal or quasi-municipal corporation, including the land
19       improvements immediately surrounding such facility;
20           (q) the gross receipts received for the service of repairing, servicing,
21       altering or maintaining tangible personal property, except computer soft-
22       ware described in subsection (s), and as otherwise provided by subsection
23       (p), which when such services are rendered is not being held for sale in
24       the regular course of business, and whether or not any tangible personal
25       property is transferred in connection therewith.   The Except as otherwise
26       provided by subsection (p), the tax imposed by this subsection shall be
27       applicable to the services of repairing, servicing, altering or maintaining
28       an item of tangible personal property which has been and is fastened to,
29       connected with or built into real property;
30           (r) the gross receipts from fees or charges made under service or
31       maintenance agreement contracts for services, charges for the providing
32       of which are taxable under the provisions of subsection (p) or (q);
33           (s) the gross receipts received from the sale of computer software,
34       and the sale of the services of modifying, altering, updating or maintaining
35       computer software. As used in this subsection, ``computer software''
36       means information and directions loaded into a computer which dictate
37       different functions to be performed by the computer. Computer software
38       includes any canned or prewritten program which is held or existing for
39       general or repeated sale, even if the program was originally developed
40       for a single end user as custom computer software. The sale of computer
41       software or services does not include: (1) The initial sale of any custom
42       computer program which is originally developed for the exclusive use of
43       a single end user; or (2) those services rendered in the modification of

HB 2951

5

  1       computer software when the modification is developed exclusively for a
  2       single end user only to the extent of the modification and only to the
  3       extent that the actual amount charged for the modification is separately
  4       stated on invoices, statements and other billing documents provided to
  5       the end user. The services of modification, alteration, updating and main-
  6       tenance of computer software shall only include the modification, alter-
  7       ation, updating and maintenance of computer software taxable under this
  8       subsection whether or not the services are actually provided; and
  9           (t) the gross receipts received for telephone answering services, in-
10       cluding mobile phone services, beeper services and other similar services.
11           Sec. 2. K.S.A. 79-3603 is hereby repealed.
12           Sec. 3. This act shall take effect and be in force from and after its
13       publication in the statute book.
14      
15