Session of 1999
         
HOUSE BILL No. 2452
         
By Representative Showalter
         
2-10
         

  9             AN  ACT concerning motor vehicles; providing for the issuance of animal
10             welfare trust fund license plates; amending K.S.A. 1998 Supp. 8-1,141
11             and 47-1725 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. (a) Any owner of one or more passenger vehicles or
15       trucks registered for a gross weight of not more than 20,000 pounds who
16       is a resident of Kansas, upon compliance with the provisions of this sec-
17       tion, may be issued one animal welfare trust fund license plate for each
18       such passenger vehicle or truck. Such license plates shall be issued for
19       the same time as other license plates upon proper registration and pay-
20       ment of the regular license fee as provided in K.S.A. 8-143, and amend-
21       ments thereto, and the presentation of the annual logo use authorization
22       statement provided for in subsection (b).
23             (b) The Kansas pet animal advisory board established in K.S.A. 47-
24       1725, and amendments thereto, may authorize the use of their logo to be
25       affixed on license plates as provided by this section. Any royalty payment
26       to such board derived from this section shall be credited to the animal
27       welfare trust fund, established in section 2, and amendments thereto, and,
28       shall be used in accordance with the provisions of section 2, and amend-
29       ments thereto. Any motor vehicle owner may apply annually to the board
30       for the use of such logo. Upon annual application and payment to the
31       board in an amount of not less than $25 nor more than $100 as a logo
32       use royalty payment for each animal welfare trust fund plate to be issued,
33       the board shall issue to the motor vehicle owner, without further charge,
34       a logo use authorization statement, which shall be presented by the motor
35       vehicle owner at the time of registration.
36             (c) Any applicant for an animal welfare trust fund license plate may
37       make application for such plates not less than 60 days prior to such per-
38       son's renewal of registration date, on a form prescribed and furnished by
39       the director of motor vehicles, and any applicant for the animal welfare
40       trust fund license plates shall provide the annual logo use authorization
41       statement provided for in subsection (b). Application for registration of a
42       passenger or truck and issuance of the license plate under this section
43       shall be made by the owner in a manner prescribed by the director of
44       vehicles upon forms furnished by the director.
45             (d) No registration or animal welfare trust fund license plate issued
46       under this section shall be transferable to any other person.
47             (e) Renewals of registration under this section shall be made an-
48       nually, upon payment of the fee prescribed in subsection (a), in the man-
49       ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
50       thereto. No renewal of registration shall be made to any applicant until
51       such applicant provides the annual logo use authorization statement pro-
52       vided for in subsection (b). If such logo use authorization statement is
53       not presented at the time of registration, the applicant shall be required
54       to comply with K.S.A. 8-143, and amendments thereto, and return the
55       animal welfare trust fund license plate to the county treasurer of such
56       person's residence.
57             (f) The Kansas animal health department shall:
58             (1) Pay the initial cost of silk-screening for such animal welfare trust
59       fund license plates; and
60             (2) provide to all county treasurers a toll-free telephone number
61       where applicants can call the animal welfare trust fund for information
62       concerning the application process or the status of their license plate
63       application.
64             (g) The Kansas pet animal advisory board, with the approval of the
65       director of vehicles and subject to the availability of materials and equip-
66       ment, shall design a plate to be issued under the provisions of this section.
67             New Sec.  2. (a) There is hereby established in the state treasury, the
68       animal welfare trust fund. Moneys credited to the animal welfare trust
69       fund shall be used by the Kansas animal health department to provide
70       grants to animal shelters or pounds, as defined by K.S.A. 47-1701, and
71       amendments thereto. The livestock commissioner shall establish guide-
72       lines for the awarding of such grants. All expenditures from the animal
73       welfare trust fund shall be made in accordance with appropriation acts,
74       upon warrants of the director of accounts and reports issued pursuant to
75       vouchers approved by the livestock commissioner.
76             Sec.  3. K.S.A. 1998 Supp. 8-1,141 is hereby amended to read as fol-
77       lows: 8-1,141. (a) Any new distinctive license plate authorized for issuance
78       on and after July 1, 1994, shall be subject to the personalized license plate
79       fee prescribed by subsection (c) of K.S.A. 8-132, and amendments
80       thereto. This section shall not apply to any distinctive license plate au-
81       thorized prior to July 1, 1994.
82             (b) The director of vehicles shall not issue any new distinctive license
83       plate authorized for issuance on and after July 1, 1995, unless there is a
84       guarantee of an initial issuance of at least 500 license plates.
85             (c) The provisions of this section shall not apply to distinctive license
86       plates issued under the provisions of K.S.A. 1997 1998 Supp. 8-1,145,
87       and amendments thereto.
88             (d) The provisions of subsection (a), shall not apply to distinctive li-
89       cense plates issued under the provisions of section 1, and amendments
90       thereto.
91             Sec.  4. K.S.A. 1998 Supp. 47-1725 is hereby amended to read as
92       follows: 47-1725. (a) There is hereby created the Kansas pet animal ad-
93       visory board, consisting of 10 members. Members shall be appointed by
94       the governor as follows:
95             (1) One member shall be a representative of a licensed animal shelter
96       or pound;
97             (2) one member shall be an employee of a licensed research facility;
98             (3) one member shall be a licensed animal breeder;
99             (4) one member shall be a licensed retail breeder;
100             (5) one member shall be a licensed pet shop operator;
101             (6) one member shall be a licensed veterinarian and shall be selected
102       from a list of three names presented to the governor by the Kansas vet-
103       erinary medical association;
104             (7) one member shall be a private citizen with no link to the industry;
105             (8) one member shall be a licensed animal distributor;
106             (9) one member shall be a licensed hobby breeder; and
107             (10) one member shall be a licensed kennel operator.
108             (b) Of the members first appointed to the board, the governor shall
109       designate three whose terms shall expire June 30, 1992; three whose
110       terms shall expire June 30, 1993; and three whose terms shall expire June
111       30, 1994. After the expiration of such terms, each member shall be ap-
112       pointed for a term of three years and until a successor is appointed and
113       qualified.
114             (c) A vacancy on the board of a member shall be filled for the unex-
115       pired term by appointment by the governor.
116             (d) The board shall meet at least once every calendar quarter regu-
117       larly or at such other times as the chairperson or a majority of the board
118       members determine. A majority of the members shall constitute a quo-
119       rum for conducting board business.
120             (e) The members of the board shall annually elect a chairperson.
121             (f) The board shall have the following duties, authorities and powers:
122             (1) To advise the Kansas livestock commissioner on hiring a director
123       to implement the Kansas pet animal act;
124             (2) to review the status of the Kansas pet animal act;
125             (3) to make recommendations on changes to the Kansas pet animal
126       act; and
127             (4) to work with the commissioner or designee of the commissioner
128       to establish an animal welfare trust fund license plate program; and
129             (4) (5) to make recommendations concerning the rules and regula-
130       tions for the Kansas pet animal act.
131             (g) Board members who are required to be licensed except retail
132       breeders shall be affiliated with or a member of an organized pet animal
133       association which is representative of the position such person will hold
134       on the board.
135             (h) Upon the effective date of this act, the governor shall appoint a
136       licensed kennel operator. When the current board members' terms ex-
137       pire, the governor shall appoint persons or representatives in accordance
138       with this section. 
139       Sec.  5. K.S.A. 1998 Supp. 8-1,141 and 47-1725 are hereby repealed.
140        Sec.  6. This act shall take effect and be in force from and after its
141       publication in the statute book.