Session of 2000
Effective: July 1, 2000

HOUSE BILL No. 2011

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 79-3606 is hereby amended to read as
follows: 79-3606. The following shall be exempt from the tax imposed by
this act:

      (a) All sales of motor-vehicle fuel or other articles upon which a sales
or excise tax has been paid, not subject to refund, under the laws of this
state except cigarettes as defined by K.S.A. 79-3301 and amendments
thereto, cereal malt beverages and malt products as defined by K.S.A. 79-
3817 and amendments thereto, including wort, liquid malt, malt syrup
and malt extract, which is not subject to taxation under the provisions of
K.S.A. 79-41a02 and amendments thereto, motor vehicles taxed pursuant
to K.S.A. 79-5117, and amendments thereto, tires taxed pursuant to
K.S.A. 1999 Supp. 65-3424d, and amendments thereto, and drycleaning
and laundry services taxed pursuant to K.S.A. 1999 Supp. 65-34,150, and
amendments thereto;

      (b) all sales of tangible personal property or service, including the
renting and leasing of tangible personal property, purchased directly by
the state of Kansas, a political subdivision thereof, other than a school or
educational institution, or purchased by a public or private nonprofit hos-
pital or public hospital authority or nonprofit blood, tissue or organ bank
and used exclusively for state, political subdivision, hospital or public hos-
pital authority or nonprofit blood, tissue or organ bank purposes, except
when: (1) Such state, hospital or public hospital authority is engaged or
proposes to engage in any business specifically taxable under the provi-
sions of this act and such items of tangible personal property or service
are used or proposed to be used in such business, or (2) such political
subdivision is engaged or proposes to engage in the business of furnishing
gas, water, electricity or heat to others and such items of personal prop-
erty or service are used or proposed to be used in such business;

      (c) all sales of tangible personal property or services, including the
renting and leasing of tangible personal property, purchased directly by
a public or private elementary or secondary school or public or private
nonprofit educational institution and used primarily by such school or
institution for nonsectarian programs and activities provided or sponsored
by such school or institution or in the erection, repair or enlargement of
buildings to be used for such purposes. The exemption herein provided
shall not apply to erection, construction, repair, enlargement or equip-
ment of buildings used primarily for human habitation;

      (d) all sales of tangible personal property or services purchased by a
contractor for the purpose of constructing, equipping, reconstructing,
maintaining, repairing, enlarging, furnishing or remodeling facilities for
any public or private nonprofit hospital or public hospital authority, public
or private elementary or secondary school or a public or private nonprofit
educational institution, which would be exempt from taxation under the
provisions of this act if purchased directly by such hospital or public hos-
pital authority, school or educational institution; and all sales of tangible
personal property or services purchased by a contractor for the purpose
of constructing, equipping, reconstructing, maintaining, repairing, en-
larging, furnishing or remodeling facilities for any political subdivision of
the state, the total cost of which is paid from funds of such political
subdivision and which would be exempt from taxation under the provi-
sions of this act if purchased directly by such political subdivision. Nothing
in this subsection or in the provisions of K.S.A. 12-3418 and amendments
thereto, shall be deemed to exempt the purchase of any construction
machinery, equipment or tools used in the constructing, equipping, re-
constructing, maintaining, repairing, enlarging, furnishing or remodeling
facilities for any political subdivision of the state. As used in this subsec-
tion, K.S.A. 12-3418 and 79-3640, and amendments thereto, "funds of a
political subdivision" shall mean general tax revenues, the proceeds of
any bonds and gifts or grants-in-aid. Gifts shall not mean funds used for
the purpose of constructing, equipping, reconstructing, repairing, enlarg-
ing, furnishing or remodeling facilities which are to be leased to the do-
nor. When any political subdivision of the state, public or private non-
profit hospital or public hospital authority, public or private elementary
or secondary school or public or private nonprofit educational institution
shall contract for the purpose of constructing, equipping, reconstructing,
maintaining, repairing, enlarging, furnishing or remodeling facilities, it
shall obtain from the state and furnish to the contractor an exemption
certificate for the project involved, and the contractor may purchase ma-
terials for incorporation in such project. The contractor shall furnish the
number of such certificate to all suppliers from whom such purchases are
made, and such suppliers shall execute invoices covering the same bearing
the number of such certificate. Upon completion of the project the con-
tractor shall furnish to the political subdivision, hospital or public hospital
authority, school or educational institution concerned a sworn statement,
on a form to be provided by the director of taxation, that all purchases so
made were entitled to exemption under this subsection. As an alternative
to the foregoing procedure, any such contracting entity may apply to the
secretary of revenue for agent status for the sole purpose of issuing and
furnishing project exemption certificates to contractors pursuant to rules
and regulations adopted by the secretary establishing conditions and stan-
dards for the granting and maintaining of such status. All invoices shall
be held by the contractor for a period of five years and shall be subject
to audit by the director of taxation. If any materials purchased under such
a certificate are found not to have been incorporated in the building or
other project or not to have been returned for credit or the sales or
compensating tax otherwise imposed upon such materials which will not
be so incorporated in the building or other project reported and paid by
such contractor to the director of taxation not later than the 20th day of
the month following the close of the month in which it shall be deter-
mined that such materials will not be used for the purpose for which such

certificate was issued, the political subdivision, hospital or public hospital
authority, school or educational institution concerned shall be liable for
tax on all materials purchased for the project, and upon payment thereof
it may recover the same from the contractor together with reasonable
attorney fees. Any contractor or any agent, employee or subcontractor
thereof, who shall use or otherwise dispose of any materials purchased
under such a certificate for any purpose other than that for which such a
certificate is issued without the payment of the sales or compensating tax
otherwise imposed upon such materials, shall be guilty of a misdemeanor
and, upon conviction therefor, shall be subject to the penalties provided
for in subsection (g) of K.S.A. 79-3615, and amendments thereto;

      (e) all sales of tangible personal property or services purchased by a
contractor for the erection, repair or enlargement of buildings or other
projects for the government of the United States, its agencies or instru-
mentalities, which would be exempt from taxation if purchased directly
by the government of the United States, its agencies or instrumentalities.
When the government of the United States, its agencies or instrumen-
talities shall contract for the erection, repair, or enlargement of any build-
ing or other project, it shall obtain from the state and furnish to the
contractor an exemption certificate for the project involved, and the con-
tractor may purchase materials for incorporation in such project. The
contractor shall furnish the number of such certificates to all suppliers
from whom such purchases are made, and such suppliers shall execute
invoices covering the same bearing the number of such certificate. Upon
completion of the project the contractor shall furnish to the government
of the United States, its agencies or instrumentalities concerned a sworn
statement, on a form to be provided by the director of taxation, that all
purchases so made were entitled to exemption under this subsection. As
an alternative to the foregoing procedure, any such contracting entity may
apply to the secretary of revenue for agent status for the sole purpose of
issuing and furnishing project exemption certificates to contractors pur-
suant to rules and regulations adopted by the secretary establishing con-
ditions and standards for the granting and maintaining of such status. All
invoices shall be held by the contractor for a period of five years and shall
be subject to audit by the director of taxation. Any contractor or any agent,
employee or subcontractor thereof, who shall use or otherwise dispose of
any materials purchased under such a certificate for any purpose other
than that for which such a certificate is issued without the payment of
the sales or compensating tax otherwise imposed upon such materials,
shall be guilty of a misdemeanor and, upon conviction therefor, shall be
subject to the penalties provided for in subsection (g) of K.S.A. 79-3615
and amendments thereto;

      (f) tangible personal property purchased by a railroad or public utility
for consumption or movement directly and immediately in interstate
commerce;

      (g) sales of aircraft including remanufactured and modified aircraft,
sales of aircraft repair, modification and replacement parts and sales of
services employed in the remanufacture, modification and repair of air-
craft sold to persons using directly or through an authorized agent such
aircraft and aircraft repair, modification and replacement parts as certified
or licensed carriers of persons or property in interstate or foreign com-
merce under authority of the laws of the United States or any foreign
government or sold to any foreign government or agency or instrumen-
tality of such foreign government and all sales of aircraft, aircraft parts,
replacement parts and services employed in the remanufacture, modifi-
cation and repair of aircraft for use outside of the United States;

      (h) all rentals of nonsectarian textbooks by public or private elemen-
tary or secondary schools;

      (i) the lease or rental of all films, records, tapes, or any type of sound
or picture transcriptions used by motion picture exhibitors;

      (j) meals served without charge or food used in the preparation of
such meals to employees of any restaurant, eating house, dining car, hotel,
drugstore or other place where meals or drinks are regularly sold to the
public if such employees' duties are related to the furnishing or sale of
such meals or drinks;

      (k) any motor vehicle, semitrailer or pole trailer, as such terms are
defined by K.S.A. 8-126 and amendments thereto, or aircraft sold and
delivered in this state to a bona fide resident of another state, which motor
vehicle, semitrailer, pole trailer or aircraft is not to be registered or based
in this state and which vehicle, semitrailer, pole trailer or aircraft will not
remain in this state more than 10 days;

      (l) all isolated or occasional sales of tangible personal property, serv-
ices, substances or things, except isolated or occasional sale of motor
vehicles specifically taxed under the provisions of subsection (o) of K.S.A.
79-3603 and amendments thereto;

      (m) all sales of tangible personal property which become an ingre-
dient or component part of tangible personal property or services pro-
duced, manufactured or compounded for ultimate sale at retail within or
without the state of Kansas; and any such producer, manufacturer or
compounder may obtain from the director of taxation and furnish to the
supplier an exemption certificate number for tangible personal property
for use as an ingredient or component part of the property or services
produced, manufactured or compounded;

      (n) all sales of tangible personal property which is consumed in the
production, manufacture, processing, mining, drilling, refining or com-
pounding of tangible personal property, the treating of by-products or
wastes derived from any such production process, the providing of serv-
ices or the irrigation of crops for ultimate sale at retail within or without
the state of Kansas; and any purchaser of such property may obtain from
the director of taxation and furnish to the supplier an exemption certifi-
cate number for tangible personal property for consumption in such pro-
duction, manufacture, processing, mining, drilling, refining, compound-
ing, treating, irrigation and in providing such services;

      (o) all sales of animals, fowl and aquatic plants and animals, the pri-
mary purpose of which is use in agriculture or aquaculture, as defined in
K.S.A. 47-1901, and amendments thereto, the production of food for
human consumption, the production of animal, dairy, poultry or aquatic
plant and animal products, fiber or fur, or the production of offspring for
use for any such purpose or purposes;

      (p) all sales of drugs, as defined by K.S.A. 65-1626 and amendments
thereto, dispensed pursuant to a prescription order, as defined by K.S.A.
65-1626 and amendments thereto, by a licensed practitioner or a mid-
level practitioner as defined by K.S.A. 65-1626, and amendments thereto;

      (q) all sales of insulin dispensed by a person licensed by the state
board of pharmacy to a person for treatment of diabetes at the direction
of a person licensed to practice medicine by the board of healing arts;

      (r) all sales of prosthetic and orthopedic appliances prescribed in
writing by a person licensed to practice the healing arts, dentistry or
optometry. For the purposes of this subsection, the term prosthetic and
orthopedic appliances means any apparatus, instrument, device, or equip-
ment used to replace or substitute for any missing part of the body; used
to alleviate the malfunction of any part of the body; or used to assist any
disabled person in leading a normal life by facilitating such person's mo-
bility; such term shall include accessories attached or to be attached to
motor vehicles, but such term shall not include motor vehicles or personal
property which when installed becomes a fixture to real property;

      (s) all sales of tangible personal property or services purchased di-
rectly by a groundwater management district organized or operating un-
der the authority of K.S.A. 82a-1020 et seq. and amendments thereto,
which property or services are used in the operation or maintenance of
the district;

      (t) all sales of farm machinery and equipment or aquaculture ma-
chinery and equipment, repair and replacement parts therefor and serv-
ices performed in the repair and maintenance of such machinery and
equipment. For the purposes of this subsection the term "farm machinery
and equipment or aquaculture machinery and equipment" shall include
machinery and equipment used in the operation of Christmas tree farm-
ing but shall not include any passenger vehicle, truck, truck tractor, trailer,
semitrailer or pole trailer, other than a farm trailer, as such terms are
defined by K.S.A. 8-126 and amendments thereto. Each purchaser of
farm machinery and equipment or aquaculture machinery and equipment
exempted herein must certify in writing on the copy of the invoice or
sales ticket to be retained by the seller that the farm machinery and
equipment or aquaculture machinery and equipment purchased will be
used only in farming, ranching or aquaculture production. Farming or
ranching shall include the operation of a feedlot and farm and ranch work
for hire and the operation of a nursery;

      (u) all leases or rentals of tangible personal property used as a dwell-
ing if such tangible personal property is leased or rented for a period of
more than 28 consecutive days;

      (v) all sales of food products to any contractor for use in preparing
meals for delivery to homebound elderly persons over 60 years of age and
to homebound disabled persons or to be served at a group-sitting at a
location outside of the home to otherwise homebound elderly persons
over 60 years of age and to otherwise homebound disabled persons, as
all or part of any food service project funded in whole or in part by
government or as part of a private nonprofit food service project available
to all such elderly or disabled persons residing within an area of service
designated by the private nonprofit organization, and all sales of food
products for use in preparing meals for consumption by indigent or home-
less individuals whether or not such meals are consumed at a place des-
ignated for such purpose;

      (w) all sales of natural gas, electricity, heat and water delivered
through mains, lines or pipes: (1) To residential premises for noncom-
mercial use by the occupant of such premises; (2) for agricultural use and
also, for such use, all sales of propane gas; (3) for use in the severing of
oil; and (4) to any property which is exempt from property taxation pur-
suant to K.S.A. 79-201b Second through Sixth. As used in this paragraph,
"severing" shall have the meaning ascribed thereto by subsection (k) of
K.S.A. 79-4216, and amendments thereto;

      (x) all sales of propane gas, LP-gas, coal, wood and other fuel sources
for the production of heat or lighting for noncommercial use of an oc-
cupant of residential premises;

      (y) all sales of materials and services used in the repairing, servicing,
altering, maintaining, manufacturing, remanufacturing, or modification of
railroad rolling stock for use in interstate or foreign commerce under
authority of the laws of the United States;

      (z) all sales of tangible personal property and services purchased di-
rectly by a port authority or by a contractor therefor as provided by the
provisions of K.S.A. 12-3418 and amendments thereto;

      (aa) all sales of materials and services applied to equipment which is
transported into the state from without the state for repair, service, al-
teration, maintenance, remanufacture or modification and which is sub-
sequently transported outside the state for use in the transmission of
liquids or natural gas by means of pipeline in interstate or foreign com-
merce under authority of the laws of the United States;

      (bb) all sales of used mobile homes or manufactured homes. As used
in this subsection: (1) "Mobile homes" and "manufactured homes" shall
have the meanings ascribed thereto by K.S.A. 58-4202 and amendments
thereto; and (2) "sales of used mobile homes or manufactured homes"
means sales other than the original retail sale thereof;

      (cc) all sales of tangible personal property or services purchased for
the purpose of and in conjunction with constructing, reconstructing, en-
larging or remodeling a business or retail business which meets the
requirements established in K.S.A. 74-50,115 and amendments thereto,
and the sale and installation of machinery and equipment purchased for
installation at any such business or retail business. When a person shall
contract for the construction, reconstruction, enlargement or remodeling
of any such business or retail business, such person shall obtain from the
state and furnish to the contractor an exemption certificate for the project
involved, and the contractor may purchase materials, machinery and
equipment for incorporation in such project. The contractor shall furnish
the number of such certificates to all suppliers from whom such purchases
are made, and such suppliers shall execute invoices covering the same
bearing the number of such certificate. Upon completion of the project
the contractor shall furnish to the owner of the business or retail business
a sworn statement, on a form to be provided by the director of taxation,
that all purchases so made were entitled to exemption under this subsec-
tion. All invoices shall be held by the contractor for a period of five years
and shall be subject to audit by the director of taxation. Any contractor
or any agent, employee or subcontractor thereof, who shall use or oth-
erwise dispose of any materials, machinery or equipment purchased un-
der such a certificate for any purpose other than that for which such a
certificate is issued without the payment of the sales or compensating tax
otherwise imposed thereon, shall be guilty of a misdemeanor and, upon
conviction therefor, shall be subject to the penalties provided for in sub-
section (g) of K.S.A. 79-3615 and amendments thereto. As used in this
subsection, "business" and "retail business" have the meanings respec-
tively ascribed thereto by K.S.A. 74-50,114 and amendments thereto;

      (dd) all sales of tangible personal property purchased with food
stamps issued by the United States department of agriculture;

      (ee) all sales of lottery tickets and shares made as part of a lottery
operated by the state of Kansas;

      (ff) on and after July 1, 1988, all sales of new mobile homes or man-
ufactured homes to the extent of 40% of the gross receipts, determined
without regard to any trade-in allowance, received from such sale. As used
in this subsection, "mobile homes" and "manufactured homes" shall have
the meanings ascribed thereto by K.S.A. 58-4202 and amendments
thereto;

      (gg) all sales of tangible personal property purchased in accordance
with vouchers issued pursuant to the federal special supplemental food
program for women, infants and children;

      (hh) all sales of medical supplies and equipment purchased directly
by a nonprofit skilled nursing home or nonprofit intermediate nursing
care home, as defined by K.S.A. 39-923, and amendments thereto, for
the purpose of providing medical services to residents thereof. This ex-
emption shall not apply to tangible personal property customarily used
for human habitation purposes;

      (ii) all sales of tangible personal property purchased directly by a non-
profit organization for nonsectarian comprehensive multidiscipline youth
development programs and activities provided or sponsored by such or-
ganization, and all sales of tangible personal property by or on behalf of
any such organization. This exemption shall not apply to tangible personal
property customarily used for human habitation purposes;

      (jj) all sales of tangible personal property or services, including the
renting and leasing of tangible personal property, purchased directly on
behalf of a community-based mental retardation facility or mental health
center organized pursuant to K.S.A. 19-4001 et seq., and amendments
thereto, and licensed in accordance with the provisions of K.S.A. 75-
3307b and amendments thereto. This exemption shall not apply to tan-
gible personal property customarily used for human habitation purposes;

      (kk) on and after January 1, 1989, all sales of machinery and equip-
ment used directly and primarily for the purposes of manufacturing, as-
sembling, processing, finishing, storing, warehousing or distributing ar-
ticles of tangible personal property in this state intended for resale by a
manufacturing or processing plant or facility or a storage, warehousing or
distribution facility, and all sales of repair and replacement parts and
accessories purchased for such machinery and equipment:

      (1) For purposes of this subsection, machinery and equipment shall
be deemed to be used directly and primarily in the manufacture, assem-
blage, processing, finishing, storing, warehousing or distributing of tan-
gible personal property where such machinery and equipment is used
during a manufacturing, assembling, processing or finishing, storing,
warehousing or distributing operation:

      (A) To effect a direct and immediate physical change upon the tan-
gible personal property;

      (B) to guide or measure a direct and immediate physical change upon
such property where such function is an integral and essential part of
tuning, verifying or aligning the component parts of such property;

      (C) to test or measure such property where such function is an in-
tegral part of the production flow or function;

      (D) to transport, convey or handle such property during the manu-
facturing, processing, storing, warehousing or distribution operation at
the plant or facility; or

      (E) to place such property in the container, package or wrapping in
which such property is normally sold or transported.

      (2)  For purposes of this subsection "machinery and equipment used
directly and primarily" shall include, but not be limited to:

      (A) Mechanical machines or components thereof contributing to a
manufacturing, assembling or finishing process;

      (B) molds and dies that determine the physical characteristics of the
finished product or its packaging material;

      (C) testing equipment to determine the quality of the finished prod-
uct;

      (D) computers and related peripheral equipment that directly control
or measure the manufacturing process or which are utilized for engi-
neering of the finished product; and

      (E) computers and related peripheral equipment utilized for research
and development and product design.

      (3) "Machinery and equipment used directly and primarily" shall not
include:

      (A) Hand tools;

      (B) machinery, equipment and tools used in maintaining and repair-
ing any type of machinery and equipment;

      (C) transportation equipment not used in the manufacturing, assem-
bling, processing, furnishing, storing, warehousing or distributing process
at the plant or facility;

      (D) office machines and equipment including computers and related
peripheral equipment not directly and primarily used in controlling or
measuring the manufacturing process;

      (E) furniture and buildings; and

      (F) machinery and equipment used in administrative, accounting,
sales or other such activities of the business;

      (4) for purposes of this subsection, "repair and replacement parts and
accessories" means all parts and accessories for exempt machinery and
equipment, including but not limited to dies, jigs, molds, and patterns
which are attached to exempt machinery or which are otherwise used in
production, short-lived replaceable parts that can be readily detached
from exempt machinery or equipment, such as belts, drill bits, grinding
wheels, cutting bars and saws, and other replacement parts for production
equipment, including refractory brick and other refractory items for kiln
equipment used in production operations

      (1)  (A) all sales of machinery and equipment which are used in this
state as an integral or essential part of an integrated production operation
by a manufacturing or processing plant or facility;

      (B) all sales of installation, repair and maintenance services per-
formed on such machinery and equipment; and

      (C) all sales of repair and replacement parts and accessories pur-
chased for such machinery and equipment.

      (2) For purposes of this subsection:

      (A) "Integrated production operation" means an integrated series of
operations engaged in at a manufacturing or processing plant or facility
to process, transform or convert tangible personal property by physical,
chemical or other means into a different form, composition or character
from that in which it originally existed. Integrated production operations
shall include: (i) Production line operations, including packaging opera-
tions; (ii) preproduction operations to handle, store and treat raw mate-
rials; (iii) post production handling, storage, warehousing and distribu-
tion operations; and (iv) waste, pollution and environmental control
operations, if any;

      (B) "production line" means the assemblage of machinery and equip-
ment at a manufacturing or processing plant or facility where the actual
transformation or processing of tangible personal property occurs;

      (C) "manufacturing or processing plant or facility" means a single,
fixed location owned or controlled by a manufacturing or processing busi-
ness that consists of one or more structures or buildings in a contiguous
area where integrated production operations are conducted to manufac-
ture or process tangible personal property to be ultimately sold at retail.
Such term shall not include any facility primarily operated for the purpose
of conveying or assisting in the conveyance of natural gas, electricity, oil
or water. A business may operate one or more manufacturing or process-
ing plants or facilities at different locations to manufacture or process a
single product of tangible personal property to be ultimately sold at retail;

      (D) "manufacturing or processing business" means a business that
utilizes an integrated production operation to manufacture, process, fab-
ricate, finish, or assemble items for wholesale and retail distribution as
part of what is commonly regarded by the general public as an industrial
manufacturing or processing operation or an agricultural commodity
processing operation. (i) Industrial manufacturing or processing opera-
tions include, by way of illustration but not of limitation, the fabrication
of automobiles, airplanes, machinery or transportation equipment, the
fabrication of metal, plastic, wood, or paper products, electricity power
generation, water treatment, petroleum refining, chemical production,
wholesale bottling, newspaper printing, ready mixed concrete production,
and the remanufacturing of used parts for wholesale or retail sale. Such
processing operations shall include operations at an oil well, gas well, mine
or other excavation site where the oil, gas, minerals, coal, clay, stone, sand
or gravel that has been extracted from the earth is cleaned, separated,
crushed, ground, milled, screened, washed, or otherwise treated or pre-
pared before its transmission to a refinery or before any other wholesale
or retail distribution. (ii) Agricultural commodity processing operations
include, by way of illustration but not of limitation, meat packing, poultry
slaughtering and dressing, processing and packaging farm and dairy
products in sealed containers for wholesale and retail distribution, feed
grinding, grain milling, frozen food processing, and grain handling, clean-
ing, blending, fumigation, drying and aeration operations engaged in by
grain elevators or other grain storage facilities. (iii) Manufacturing or
processing businesses do not include, by way of illustration but not of
limitation, nonindustrial businesses whose operations are primarily retail
and that produce or process tangible personal property as an incidental
part of conducting the retail business, such as retailers who bake, cook or
prepare food products in the regular course of their retail trade, grocery
stores, meat lockers and meat markets that butcher or dress livestock or
poultry in the regular course of their retail trade, contractors who alter,
service, repair or improve real property, and retail businesses that clean,
service or refurbish and repair tangible personal property for its owner;

      (E) "repair and replacement parts and accessories" means all parts
and accessories for exempt machinery and equipment, including, but not
limited to, dies, jigs, molds, patterns and safety devices that are attached
to exempt machinery or that are otherwise used in production, and parts
and accessories that require periodic replacement such as belts, drill bits,
grinding wheels, grinding balls, cutting bars, saws, refractory brick and
other refractory items for exempt kiln equipment used in production op-
erations;

      (F) "primary" or "primarily" mean more than 50% of the time.

      (3) For purposes of this subsection, machinery and equipment shall
be deemed to be used as an integral or essential part of an integrated
production operation when used:

      (A) To receive, transport, convey, handle, treat or store raw materials
in preparation of its placement on the production line;

      (B) to transport, convey, handle or store the property undergoing
manufacturing or processing at any point from the beginning of the pro-
duction line through any warehousing or distribution operation of the
final product that occurs at the plant or facility;

      (C) to act upon, effect, promote or otherwise facilitate a physical
change to the property undergoing manufacturing or processing;

      (D) to guide, control or direct the movement of property undergoing
manufacturing or processing;

      (E) to test or measure raw materials, the property undergoing man-
ufacturing or processing or the finished product, as a necessary part of
the manufacturer's integrated production operations;

      (F) to plan, manage, control or record the receipt and flow of inven-
tories of raw materials, consumables and component parts, the flow of the
property undergoing manufacturing or processing and the management
of inventories of the finished product;

      (G) to produce energy for, lubricate, control the operating of or oth-
erwise enable the functioning of other production machinery and equip-
ment and the continuation of production operations;

      (H) to package the property being manufactured or processed in a
container or wrapping in which such property is normally sold or trans-
ported;

      (I) to transmit or transport electricity, coke, gas, water, steam or sim-
ilar substances used in production operations from the point of generation,
if produced by the manufacturer or processor at the plant site, to that
manufacturer's production operation; or, if purchased or delivered from
offsite, from the point where the substance enters the site of the plant or
facility to that manufacturer's production operations;

      (J) to cool, heat, filter, refine or otherwise treat water, steam, acid,
oil, solvents or other substances that are used in production operations;

      (K) to provide and control an environment required to maintain cer-
tain levels of air quality, humidity or temperature in special and limited
areas of the plant or facility, where such regulation of temperature or
humidity is part of and essential to the production process;

      (L) to treat, transport or store waste or other byproducts of produc-
tion operations at the plant or facility; or

      (M) to control pollution at the plant or facility where the pollution is
produced by the manufacturing or processing operation.

      (4) The following machinery, equipment and materials shall be
deemed to be exempt even though it may not otherwise qualify as ma-
chinery and equipment used as an integral or essential part of an inte-
grated production operation: (A) Computers and related peripheral
equipment that are utilized by a manufacturing or processing business for
engineering of the finished product or for research and development or
product design; (B) machinery and equipment that is utilized by a man-
ufacturing or processing business to manufacture or rebuild tangible per-
sonal property that is used in manufacturing or processing operations,
including tools, dies, molds, forms and other parts of qualifying machinery
and equipment; (C) portable plants for aggregate concrete, bulk cement
and asphalt including cement mixing drums to be attached to a motor
vehicle; (D) industrial fixtures, devices, support facilities and special foun-
dations necessary for manufacturing and production operations, and ma-
terials and other tangible personal property sold for the purpose of fab-
ricating such fixtures, devices, facilities and foundations. An exemption
certificate for such purchases shall be signed by the manufacturer or pro-
cessor. If the fabricator purchases such material, the fabricator shall also
sign the exemption certificate; and (E) a manufacturing or processing
business' laboratory equipment that is not located at the plant or facility,
but that would otherwise qualify for exemption under subsection (3)(E).

      (5) "Machinery and equipment used as an integral or essential part
of an integrated production operation" shall not include:

      (A) Machinery and equipment used for nonproduction purposes, in-
cluding, but not limited to, machinery and equipment used for plant se-
curity, fire prevention, first aid, accounting, administration, record keep-
ing, advertising, marketing, sales or other related activities, plant
cleaning, plant communications, and employee work scheduling;

      (B) machinery, equipment and tools used primarily in maintaining
and repairing any type of machinery and equipment or the building and
plant;

      (C) transportation, transmission and distribution equipment not pri-
marily used in a production, warehousing or material handling operation
at the plant or facility, including the means of conveyance of natural gas,
electricity, oil or water, and equipment related thereto, located outside
the plant or facility;

      (D) office machines and equipment including computers and related
peripheral equipment not used directly and primarily to control or mea-
sure the manufacturing process;

      (E) furniture and other furnishings;

      (F) buildings, other than exempt machinery and equipment that is
permanently affixed to or becomes a physical part of the building, and
any other part of real estate that is not otherwise exempt;

      (G) building fixtures that are not integral to the manufacturing op-
eration, such as utility systems for heating, ventilation, air conditioning,
communications, plumbing or electrical;

      (H) machinery and equipment used for general plant heating, cooling
and lighting;

      (I) motor vehicles that are registered for operation on public high-
ways; or

      (J) employee apparel, except safety and protective apparel that is pur-
chased by an employer and furnished gratuitously to employees who are
involved in production or research activities.

      (6) Subsections (3) and (5) shall not be construed as exclusive listings
of the machinery and equipment that qualify or do not qualify as an
integral or essential part of an integrated production operation. When
machinery or equipment is used as an integral or essential part of pro-
duction operations part of the time and for nonproduction purpose at
other times, the primary use of the machinery or equipment shall deter-
mine whether or not such machinery or equipment qualifies for exemp-
tion.

      (7) The secretary of revenue shall adopt rules and regulations nec-
essary to administer the provisions of this subsection;

      (ll) all sales of educational materials purchased for distribution to the
public at no charge by a nonprofit corporation organized for the purpose
of encouraging, fostering and conducting programs for the improvement
of public health;

      (mm) all sales of seeds and tree seedlings; fertilizers, insecticides,
herbicides, germicides, pesticides and fungicides; and services, purchased
and used for the purpose of producing plants in order to prevent soil
erosion on land devoted to agricultural use;

      (nn) except as otherwise provided in this act, all sales of services ren-
dered by an advertising agency or licensed broadcast station or any mem-
ber, agent or employee thereof;

      (oo) all sales of tangible personal property purchased by a community
action group or agency for the exclusive purpose of repairing or weath-
erizing housing occupied by low income individuals;

      (pp) all sales of drill bits and explosives actually utilized in the explo-
ration and production of oil or gas;

      (qq) all sales of tangible personal property and services purchased by
a nonprofit museum or historical society or any combination thereof, in-
cluding a nonprofit organization which is organized for the purpose of
stimulating public interest in the exploration of space by providing edu-
cational information, exhibits and experiences, which is exempt from fed-
eral income taxation pursuant to section 501(c)(3) of the federal internal
revenue code of 1986;

      (rr) all sales of tangible personal property which will admit the pur-
chaser thereof to any annual event sponsored by a nonprofit organization
which is exempt from federal income taxation pursuant to section
501(c)(3) of the federal internal revenue code of 1986;

      (ss) all sales of tangible personal property and services purchased by
a public broadcasting station licensed by the federal communications
commission as a noncommercial educational television or radio station;

      (tt) all sales of tangible personal property and services purchased by
or on behalf of a not-for-profit corporation which is exempt from federal
income taxation pursuant to section 501(c)(3) of the federal internal rev-
enue code of 1986, for the sole purpose of constructing a Kansas Korean
War memorial;

      (uu) all sales of tangible personal property and services purchased by
or on behalf of any rural volunteer fire-fighting organization for use ex-
clusively in the performance of its duties and functions;

      (vv) all sales of tangible personal property purchased by any of the
following organizations which are exempt from federal income taxation
pursuant to section 501 (c)(3) of the federal internal revenue code of
1986, for the following purposes, and all sales of any such property by or
on behalf of any such organization for any such purpose:

      (1) The American Heart Association, Kansas Affiliate, Inc. for the
purposes of providing education, training, certification in emergency car-
diac care, research and other related services to reduce disability and
death from cardiovascular diseases and stroke;

      (2) the Kansas Alliance for the Mentally Ill, Inc. for the purpose of
advocacy for persons with mental illness and to education, research and
support for their families;

      (3) the Kansas Mental Illness Awareness Council for the purposes of
advocacy for persons who are mentally ill and to education, research and
support for them and their families;

      (4) the American Diabetes Association Kansas Affiliate, Inc. for the
purpose of eliminating diabetes through medical research, public edu-
cation focusing on disease prevention and education, patient education
including information on coping with diabetes, and professional education
and training;

      (5) the American Lung Association of Kansas, Inc. for the purpose of
eliminating all lung diseases through medical research, public education
including information on coping with lung diseases, professional educa-
tion and training related to lung disease and other related services to
reduce the incidence of disability and death due to lung disease; and

      (6) the Kansas chapters of the Alzheimer's Disease and Related Dis-
orders Association, Inc. for the purpose of providing assistance and sup-
port to persons in Kansas with Alzheimer's disease, and their families and
caregivers; and

      (ww) all sales of tangible personal property purchased by the Habitat
for Humanity for the exclusive use of being incorporated within a housing
project constructed by such organization.;

      (xx) all sales of tangible personal property and services purchased by
a nonprofit zoo which is exempt from federal income taxation pursuant
to section 501(c)(3) of the federal internal revenue code of 1986, or on
behalf of such zoo by an entity itself exempt from federal income taxation
pursuant to section 501(c)(3) of the federal internal revenue code of 1986
contracted with to operate such zoo and all sales of tangible personal
property or services purchased by a contractor for the purpose of con-
structing, equipping, reconstructing, maintaining, repairing, enlarging,
furnishing or remodeling facilities for any nonprofit zoo which would be
exempt from taxation under the provisions of this section if purchased
directly by such nonprofit zoo or the entity operating such zoo. Nothing
in this subsection shall be deemed to exempt the purchase of any con-
struction machinery, equipment or tools used in the constructing, equip-
ping, reconstructing, maintaining, repairing, enlarging, furnishing or re-
modeling facilities for any nonprofit zoo. When any nonprofit zoo shall
contract for the purpose of constructing, equipping, reconstructing, main-
taining, repairing, enlarging, furnishing or remodeling facilities, it shall
obtain from the state and furnish to the contractor an exemption certifi-
cate for the project involved, and the contractor may purchase materials
for incorporation in such project. The contractor shall furnish the number
of such certificate to all suppliers from whom such purchases are made,
and such suppliers shall execute invoices covering the same bearing the
number of such certificate. Upon completion of the project the contractor
shall furnish to the nonprofit zoo concerned a sworn statement, on a form
to be provided by the director of taxation, that all purchases so made were
entitled to exemption under this subsection. All invoices shall be held by
the contractor for a period of five years and shall be subject to audit by
the director of taxation. If any materials purchased under such a certifi-
cate are found not to have been incorporated in the building or other
project or not to have been returned for credit or the sales or compen-
sating tax otherwise imposed upon such materials which will not be so
incorporated in the building or other project reported and paid by such
contractor to the director of taxation not later than the 20th day of the
month following the close of the month in which it shall be determined
that such materials will not be used for the purpose for which such cer-
tificate was issued, the nonprofit zoo concerned shall be liable for tax on
all materials purchased for the project, and upon payment thereof it may
recover the same from the contractor together with reasonable attorney
fees. Any contractor or any agent, employee or subcontractor thereof,
who shall use or otherwise dispose of any materials purchased under such
a certificate for any purpose other than that for which such a certificate
is issued without the payment of the sales or compensating tax otherwise
imposed upon such materials, shall be guilty of a misdemeanor and, upon
conviction therefor, shall be subject to the penalties provided for in sub-
section (g) of K.S.A. 79-3615, and amendments thereto;

      (yy) all sales of tangible personal property and services purchased by
a parent-teacher association or organization, and all sales of tangible per-
sonal property by or on behalf of such association or organization;

      (zz) all sales of machinery and equipment purchased by over-the-air,
free access radio or television station which is used directly and primarily
for the purpose of producing a broadcast signal or is such that the failure
of the machinery or equipment to operate would cause broadcasting to
cease. For purposes of this subsection, machinery and equipment shall
include, but not be limited to, that required by rules and regulations of
the federal communications commission, and all sales of electricity which
are essential or necessary for the purpose of producing a broadcast signal
or is such that the failure of the electricity would cause broadcasting to
cease;

      (aaa) all sales of tangible personal property and services purchased
by a religious organization which is exempt from federal income taxation
pursuant to section 501(c)(3) of the federal internal revenue code, and
used exclusively for religious purposes, and all sales of tangible personal
property or services purchased by a contractor for the purpose of con-
structing, equipping, reconstructing, maintaining, repairing, enlarging,
furnishing or remodeling facilities for any such organization which would
be exempt from taxation under the provisions of this section if purchased
directly by such organization. Nothing in this subsection shall be deemed
to exempt the purchase of any construction machinery, equipment or
tools used in the constructing, equipping, reconstructing, maintaining,
repairing, enlarging, furnishing or remodeling facilities for any such or-
ganization. When any such organization shall contract for the purpose of
constructing, equipping, reconstructing, maintaining, repairing, enlarg-
ing, furnishing or remodeling facilities, it shall obtain from the state and
furnish to the contractor an exemption certificate for the project involved,
and the contractor may purchase materials for incorporation in such pro-
ject. The contractor shall furnish the number of such certificate to all
suppliers from whom such purchases are made, and such suppliers shall
execute invoices covering the same bearing the number of such certifi-
cate. Upon completion of the project the contractor shall furnish to such
organization concerned a sworn statement, on a form to be provided by
the director of taxation, that all purchases so made were entitled to ex-
emption under this subsection. All invoices shall be held by the contractor
for a period of five years and shall be subject to audit by the director of
taxation. If any materials purchased under such a certificate are found
not to have been incorporated in the building or other project or not to
have been returned for credit or the sales or compensating tax otherwise
imposed upon such materials which will not be so incorporated in the
building or other project reported and paid by such contractor to the
director of taxation not later than the 20th day of the month following
the close of the month in which it shall be determined that such materials
will not be used for the purpose for which such certificate was issued,
such organization concerned shall be liable for tax on all materials pur-
chased for the project, and upon payment thereof it may recover the same
from the contractor together with reasonable attorney fees. Any contrac-
tor or any agent, employee or subcontractor thereof, who shall use or
otherwise dispose of any materials purchased under such a certificate for
any purpose other than that for which such a certificate is issued without
the payment of the sales or compensating tax otherwise imposed upon
such materials, shall be guilty of a misdemeanor and, upon conviction
therefor, shall be subject to the penalties provided for in subsection (g)
of K.S.A. 79-3615, and amendments thereto. Sales tax paid on and after
July 1, 1998, but prior to the effective date of this act upon the gross
receipts received from any sale exempted by the amendatory provisions
of this subsection shall be refunded. Each claim for a sales tax refund
shall be verified and submitted to the director of taxation upon forms
furnished by the director and shall be accompanied by any additional
documentation required by the director. The director shall review each
claim and shall refund that amount of sales tax paid as determined under
the provisions of this subsection. All refunds shall be paid from the sales
tax refund fund upon warrants of the director of accounts and reports
pursuant to vouchers approved by the director or the director's designee;

      (bbb) all sales of food for human consumption by an organization
which is exempt from federal income taxation pursuant to section 501
(c)(3) of the federal internal revenue code of 1986, pursuant to a food
distribution program which offers such food at a price below cost in
exchange for the performance of community service by the purchaser
thereof;

      (ccc) on and after July 1, 1999, all sales of tangible personal property
and services purchased by a primary care clinic or health center the pri-
mary purpose of which is to provide services to medically underserved
individuals and families, and which is exempt from federal income taxa-
tion pursuant to section 501 (c)(3) of the federal internal revenue code,
and all sales of tangible personal property or services purchased by a
contractor for the purpose of constructing, equipping, reconstructing,
maintaining, repairing, enlarging, furnishing or remodeling facilities for
any such clinic or center which would be exempt from taxation under the
provisions of this section if purchased directly by such clinic or center.
Nothing in this subsection shall be deemed to exempt the purchase of
any construction machinery, equipment or tools used in the constructing,
equipping, reconstructing, maintaining, repairing, enlarging, furnishing
or remodeling facilities for any such clinic or center. When any such clinic
or center shall contract for the purpose of constructing, equipping, re-
constructing, maintaining, repairing, enlarging, furnishing or remodeling
facilities, it shall obtain from the state and furnish to the contractor an
exemption certificate for the project involved, and the contractor may
purchase materials for incorporation in such project. The contractor shall
furnish the number of such certificate to all suppliers from whom such
purchases are made, and such suppliers shall execute invoices covering
the same bearing the number of such certificate. Upon completion of the
project the contractor shall furnish to such clinic or center concerned a
sworn statement, on a form to be provided by the director of taxation,
that all purchases so made were entitled to exemption under this subsec-
tion. All invoices shall be held by the contractor for a period of five years
and shall be subject to audit by the director of taxation. If any materials
purchased under such a certificate are found not to have been incorpo-
rated in the building or other project or not to have been returned for
credit or the sales or compensating tax otherwise imposed upon such
materials which will not be so incorporated in the building or other pro-
ject reported and paid by such contractor to the director of taxation not
later than the 20th day of the month following the close of the month in
which it shall be determined that such materials will not be used for the
purpose for which such certificate was issued, such clinic or center con-
cerned shall be liable for tax on all materials purchased for the project,
and upon payment thereof it may recover the same from the contractor
together with reasonable attorney fees. Any contractor or any agent, em-
ployee or subcontractor thereof, who shall use or otherwise dispose of
any materials purchased under such a certificate for any purpose other
than that for which such a certificate is issued without the payment of
the sales or compensating tax otherwise imposed upon such materials,
shall be guilty of a misdemeanor and, upon conviction therefor, shall be
subject to the penalties provided for in subsection (g) of K.S.A. 79-3615,
and amendments thereto;

      (ddd) on and after January 1, 1999, and before January 1, 2000, all
sales of materials and services purchased by any class II or III railroad as
classified by the federal surface transportation board for the construction,
renovation, repair or replacement of class II or III railroad track and
facilities used directly in interstate commerce. In the event any such track
or facility for which materials and services were purchased sales tax ex-
empt is not operational for five years succeeding the allowance of such
exemption, the total amount of sales tax which would have been payable
except for the operation of this subsection shall be recouped in accord-
ance with rules and regulations adopted for such purpose by the secretary
of revenue; and

      (eee) on and after January 1, 1999, and before January 1, 2000, all
sales of materials and services purchased for the original construction,
reconstruction, repair or replacement of grain storage facilities, including
railroad sidings providing access thereto.; and

      (fff) all sales of material handling equipment, racking systems and
other related machinery and equipment that is used for the handling,
movement or storage of tangible personal property in a warehouse or
distribution facility in this state; all sales of installation, repair and main-
tenance services performed on such machinery and equipment; and all
sales of repair and replacement parts for such machinery and equipment.
For purposes of this subsection, a warehouse or distribution facility means
a single, fixed location that consists of buildings or structures in a contig-
uous area where storage or distribution operations are conducted that are
separate and apart from the business' retail operations, if any, and which
do not otherwise qualify for exemption as occurring at a manufacturing
or processing plant or facility. Material handling and storage equipment
shall include aeration, dust control, cleaning, handling and other such
equipment that is used in a public grain warehouse or other commercial
grain storage facility, whether used for grain handling, grain storage,
grain refining or processing, or other grain treatment operation.

      Sec.  2. K.S.A. 79-3609 is hereby amended to read as follows: 79-
3609. (a) Every person engaged in the business of selling tangible personal
property at retail or furnishing services taxable in this state, shall keep
records and books of all such sales, together with invoices, bills of lading,
sales records, copies of bills of sale and other pertinent papers and doc-
uments. Such books and records and other papers and documents shall,
at all times during business hours of the day, be available for and subject
to inspection by the director, or the director's duly authorized agents and
employees, for a period of three years from the last day of the calendar
year or of the fiscal year of the retailer, whichever comes later, to which
the records pertain. Such records shall be preserved during the entire
period during which they are subject to inspection by the director, unless
the director in writing previously authorizes their disposal. Any person
selling tangible personal property or furnishing taxable services shall be
prohibited from asserting that any sales are exempt from taxation unless
the retailer has in the retailer's possession a properly executed exemption
certificate provided by the consumer claiming the exemption. Any retailer
asserting a claim that certain sales are exempt who does not have the
required exemption certificates in possession shall acquire such certifi-
cates within 60 days after receiving notice from the director that such
certificates are required. If such certificates are not obtained within the
period set forth herein, the sales shall be deemed to be taxable sales under
this act.

      (b) The amount of tax imposed by this act is to be assessed within
three years after the return is filed, and no proceedings in court for the
collection of such taxes shall be begun after the expiration of such period.
In the case of a false or fraudulent return with intent to evade tax, the
tax may be assessed or a proceeding in court for collection of such tax
may be begun at any time, within two years from the discovery of such
fraud. No assessment shall be made for any period preceding the date of
registration of the retailer by more than three years except in cases of
fraud. No refund or credit shall be allowed by the director after three
years from the date of payment of the tax as provided in this act unless
before the expiration of such period a claim therefor is filed by the tax-
payer, and no suit or action to recover on any claim for refund shall be
commenced until after the expiration of six months from the date of filing
a claim therefor with the director.

      (c) Before the expiration of time prescribed in this section for the
assessment of additional tax or the filing of a claim for refund, the director
is hereby authorized to enter into an agreement in writing with the tax-
payer consenting to the extension of the periods of limitations for the
assessment of tax or for the filing of a claim for refund, at any time prior
to the expiration of the period of limitations. The period so agreed upon
may be extended by subsequent agreements in writing made before the
expiration of the period previously agreed upon. In consideration of such
agreement or agreements, interest due in excess of 48 months on any
additional tax shall be waived.

      (d) For all taxable periods subject to assessment on January 1, 1998,
including periods subject to an agreement to extend the statute of limi-
tations, and for all taxable periods commencing after December 31, 1997,
interest at the rate prescribed by K.S.A. 79-2968, and amendments
thereto, shall be allowed on any overpayment of tax computed from the
due date of the return if it was timely filed and accompanied by the tax
due or, if the return was not timely filed, from the date of payment, except
that no interest shall be allowed on any such refund if the same is paid
within 60 days after the date of the return or the date of payment, as the
case requires.

      (e) Notwithstanding any other provision of this section or the provi-
sions of the Kansas compensating tax act:

      (1)  (A) Any claim for refund of tax imposed by the Kansas retailers'
sales tax act or the Kansas compensating tax act based upon the provisions
of subsection (kk) of K.S.A. 79-3606 in existence prior to its amendment
by this act which is without dispute shall be allowed, but, with respect to
any claim exceeding $10,000, the refund associated therewith shall not be
paid until after 510 days from the date such claim was filed and shall not
include interest from such date. As used in this subparagraph, a claim for
refund without dispute shall not include any claim the basis for which is
a judicial or quasi-judicial interpretation of such subsection occurring

after the effective date of this act.

      (B) Any refund of tax resulting from a final determination or adju-
dication with regard to any claim submitted or to be submitted for refund
of tax imposed by the Kansas retailers' sales tax act or the Kansas com-
pensating tax act based upon the provisions of subsection (kk) of K.S.A.
79-3606 in existence prior to its amendment by this act not described by
subparagraph (A) shall, with respect to any refund exceeding $50,000, be
paid in equal annual installments over 10 years commencing with the year
of such final determination or adjudication. Interest shall not accrue dur-
ing the time period of such payment.

      (2) No claim for refund of tax imposed by the Kansas retailers' sales
tax act or the Kansas compensating tax act based upon the application of
the provisions of subsection (n) of K.S.A. 79-3606 pursuant to its inter-
pretation by the court of appeals of the state of Kansas in its opinion filed
on August 13, 1999, in the case entitled In re appeal of Water District
No. 1 of Johnson County shall be allowed for tax paid prior to the effective
date of this act. The provisions of this subsection shall not be applicable
to Water District No. 1 of Johnson county.

      Sec.  3. K.S.A. 79-3609 and K.S.A. 1999 Supp. 79-3606 are hereby
repealed.

      Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.