Session of 2000
         
HOUSE BILL No. 2843
         
By Committee on Education
         
2-2
         

  9             AN  ACT relating to taxation of nonprofit organizations; concerning Mid-
10             America Association for Computers in Education; amending K.S.A.
11             1999 Supp. 12-1692, 12-1696 and 79-3606 and repealing the existing
12             sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 12-1692 is hereby amended to read as
16       follows: 12-1692. As used in this act, the following words and phrases
17       shall have the meanings respectively ascribed to them herein:
18             (a) "Person" means an individual, firm, partnership, corporation, joint
19       venture or other association of persons, except for organizations which
20       are exempt from federal income taxation pursuant to section 501(c)(3) of
21       the federal internal revenue code of 1986 organized for the purpose of
22       providing computer education and training to Kansas educators and of-
23       ficers, employees, members or representatives of such organizations;
24             (b) "Hotel, motel or tourist court" means any structure or building
25       which contains rooms furnished for the purposes of providing lodging,
26       which may or may not also provide meals, entertainment or various other
27       personal services to transient guests, and which is kept, used, maintained,
28       advertised or held out to the public as a place where sleeping accom-
29       modations are sought for pay or compensation by transient or permanent
30       guests and having more than two bedrooms furnished for the accom-
31       modation of such guests;
32             (c) "Transient guest" means a person who occupies a room in a hotel,
33       motel or tourist court for not more than 28 consecutive days;
34             (d) "Business" means any person engaged in the business of renting,
35       leasing or letting living quarters, sleeping accommodations, rooms or a
36       part thereof in connection with any motel, hotel or tourist court;
37             (e) "Convention and tourism promotion" means: (1) Activities to at-
38       tract visitors into the community through marketing efforts, including
39       advertising, directed to at least one of the five basic convention and tour-
40       ism market segments consisting of group tours, pleasure travelers, asso-
41       ciation meetings and conventions, trade shows and corporate meetings
42       and travel; and (2) support of those activities and organizations which
43       encourage increased lodging facility occupancy; and


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  1             (f) "Accommodations broker" means any business which maintains
  2       an inventory of two or more rooms in one or more locations which are
  3       offered for pay to a person or persons for not more than 28 consecutive
  4       days.
  5             Sec.  2. K.S.A. 1999 Supp. 12-1696 is hereby amended to read as
  6       follows: 12-1696. As used in this act, the following words and phrases
  7       shall have the meanings respectively ascribed to them herein:
  8             (a) "Person" means an individual, firm, partnership, corporation, joint
  9       venture or other association of persons, except for organizations which
10       are exempt from federal income taxation pursuant to section 501 (c)(3) of
11       the federal internal revenue code of 1986 organized for the purpose of
12       providing computer education and training to Kansas educators and of-
13       ficers, employees, members or representatives of such organizations;
14             (b) "Hotel, motel or tourist court" means any structure or building
15       which contains rooms furnished for the purposes of providing lodging,
16       which may or may not also provide meals, entertainment or various other
17       personal services to transient guests, and which is kept, used, maintained,
18       advertised or held out to the public as a place where sleeping accom-
19       modations are sought for pay or compensation by transient or permanent
20       guests and having more than two bedrooms furnished for the accom-
21       modation of such guests;
22             (c) "Transient guest" means a person who occupies a room in a hotel,
23       motel or tourist court for not more than 28 consecutive days;
24             (d) "Business" means any person engaged in the business of renting,
25       leasing or letting living quarters, sleeping accommodations, rooms or a
26       part thereof in connection with any motel, hotel or tourist court;
27             (e) "Convention and tourism promotion" means: (1) Activities to at-
28       tract visitors into the community through marketing efforts, including
29       advertising, directed to at least one of the five basic convention and tour-
30       ism market segments consisting of group tours, pleasure travelers, asso-
31       ciation meetings and conventions, trade shows and corporate meetings
32       and travel; and (2) support of those activities and organizations which
33       encourage increased lodging facility occupancy; and
34             (f) "Accommodations broker" means any business which maintains
35       an inventory of two or more rooms in one or more locations which are
36       offered for pay to a person or persons for not more than 28 consecutive
37       days.
38             Sec.  3. K.S.A. 1999 Supp. 79-3606 is hereby amended to read as
39       follows: 79-3606. The following shall be exempt from the tax imposed by
40       this act:
41             (a) All sales of motor-vehicle fuel or other articles upon which a sales
42       or excise tax has been paid, not subject to refund, under the laws of this
43       state except cigarettes as defined by K.S.A. 79-3301 and amendments


3

  1       thereto, cereal malt beverages and malt products as defined by K.S.A. 79-
  2       3817 and amendments thereto, including wort, liquid malt, malt syrup
  3       and malt extract, which is not subject to taxation under the provisions of
  4       K.S.A. 79-41a02 and amendments thereto, motor vehicles taxed pursuant
  5       to K.S.A. 79-5117, and amendments thereto, tires taxed pursuant to
  6       K.S.A. 1999 Supp. 65-3424d, and amendments thereto, and drycleaning
  7       and laundry services taxed pursuant to K.S.A. 1999 Supp. 65-34,150, and
  8       amendments thereto;
  9             (b) all sales of tangible personal property or service, including the
10       renting and leasing of tangible personal property, purchased directly by
11       the state of Kansas, a political subdivision thereof, other than a school or
12       educational institution, or purchased by a public or private nonprofit hos-
13       pital or public hospital authority or nonprofit blood, tissue or organ bank
14       and used exclusively for state, political subdivision, hospital or public hos-
15       pital authority or nonprofit blood, tissue or organ bank purposes, except
16       when: (1) Such state, hospital or public hospital authority is engaged or
17       proposes to engage in any business specifically taxable under the provi-
18       sions of this act and such items of tangible personal property or service
19       are used or proposed to be used in such business, or (2) such political
20       subdivision is engaged or proposes to engage in the business of furnishing
21       gas, water, electricity or heat to others and such items of personal prop-
22       erty or service are used or proposed to be used in such business;
23             (c) all sales of tangible personal property or services, including the
24       renting and leasing of tangible personal property, purchased directly by
25       a public or private elementary or secondary school or public or private
26       nonprofit educational institution and used primarily by such school or
27       institution for nonsectarian programs and activities provided or sponsored
28       by such school or institution or in the erection, repair or enlargement of
29       buildings to be used for such purposes. The exemption herein provided
30       shall not apply to erection, construction, repair, enlargement or equip-
31       ment of buildings used primarily for human habitation;
32             (d) all sales of tangible personal property or services purchased by a
33       contractor for the purpose of constructing, equipping, reconstructing,
34       maintaining, repairing, enlarging, furnishing or remodeling facilities for
35       any public or private nonprofit hospital or public hospital authority, public
36       or private elementary or secondary school or a public or private nonprofit
37       educational institution, which would be exempt from taxation under the
38       provisions of this act if purchased directly by such hospital or public hos-
39       pital authority, school or educational institution; and all sales of tangible
40       personal property or services purchased by a contractor for the purpose
41       of constructing, equipping, reconstructing, maintaining, repairing, en-
42       larging, furnishing or remodeling facilities for any political subdivision of
43       the state, the total cost of which is paid from funds of such political


4

  1       subdivision and which would be exempt from taxation under the provi-
  2       sions of this act if purchased directly by such political subdivision. Nothing
  3       in this subsection or in the provisions of K.S.A. 12-3418 and amendments
  4       thereto, shall be deemed to exempt the purchase of any construction
  5       machinery, equipment or tools used in the constructing, equipping, re-
  6       constructing, maintaining, repairing, enlarging, furnishing or remodeling
  7       facilities for any political subdivision of the state. As used in this subsec-
  8       tion, K.S.A. 12-3418 and 79-3640, and amendments thereto, "funds of a
  9       political subdivision" shall mean general tax revenues, the proceeds of
10       any bonds and gifts or grants-in-aid. Gifts shall not mean funds used for
11       the purpose of constructing, equipping, reconstructing, repairing, enlarg-
12       ing, furnishing or remodeling facilities which are to be leased to the do-
13       nor. When any political subdivision of the state, public or private non-
14       profit hospital or public hospital authority, public or private elementary
15       or secondary school or public or private nonprofit educational institution
16       shall contract for the purpose of constructing, equipping, reconstructing,
17       maintaining, repairing, enlarging, furnishing or remodeling facilities, it
18       shall obtain from the state and furnish to the contractor an exemption
19       certificate for the project involved, and the contractor may purchase ma-
20       terials for incorporation in such project. The contractor shall furnish the
21       number of such certificate to all suppliers from whom such purchases are
22       made, and such suppliers shall execute invoices covering the same bearing
23       the number of such certificate. Upon completion of the project the con-
24       tractor shall furnish to the political subdivision, hospital or public hospital
25       authority, school or educational institution concerned a sworn statement,
26       on a form to be provided by the director of taxation, that all purchases so
27       made were entitled to exemption under this subsection. As an alternative
28       to the foregoing procedure, any such contracting entity may apply to the
29       secretary of revenue for agent status for the sole purpose of issuing and
30       furnishing project exemption certificates to contractors pursuant to rules
31       and regulations adopted by the secretary establishing conditions and stan-
32       dards for the granting and maintaining of such status. All invoices shall
33       be held by the contractor for a period of five years and shall be subject
34       to audit by the director of taxation. If any materials purchased under such
35       a certificate are found not to have been incorporated in the building or
36       other project or not to have been returned for credit or the sales or
37       compensating tax otherwise imposed upon such materials which will not
38       be so incorporated in the building or other project reported and paid by
39       such contractor to the director of taxation not later than the 20th day of
40       the month following the close of the month in which it shall be deter-
41       mined that such materials will not be used for the purpose for which such
42       certificate was issued, the political subdivision, hospital or public hospital
43       authority, school or educational institution concerned shall be liable for


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  1       tax on all materials purchased for the project, and upon payment thereof
  2       it may recover the same from the contractor together with reasonable
  3       attorney fees. Any contractor or any agent, employee or subcontractor
  4       thereof, who shall use or otherwise dispose of any materials purchased
  5       under such a certificate for any purpose other than that for which such a
  6       certificate is issued without the payment of the sales or compensating tax
  7       otherwise imposed upon such materials, shall be guilty of a misdemeanor
  8       and, upon conviction therefor, shall be subject to the penalties provided
  9       for in subsection (g) of K.S.A. 79-3615, and amendments thereto;
10             (e) all sales of tangible personal property or services purchased by a
11       contractor for the erection, repair or enlargement of buildings or other
12       projects for the government of the United States, its agencies or instru-
13       mentalities, which would be exempt from taxation if purchased directly
14       by the government of the United States, its agencies or instrumentalities.
15       When the government of the United States, its agencies or instrumen-
16       talities shall contract for the erection, repair, or enlargement of any build-
17       ing or other project, it shall obtain from the state and furnish to the
18       contractor an exemption certificate for the project involved, and the con-
19       tractor may purchase materials for incorporation in such project. The
20       contractor shall furnish the number of such certificates to all suppliers
21       from whom such purchases are made, and such suppliers shall execute
22       invoices covering the same bearing the number of such certificate. Upon
23       completion of the project the contractor shall furnish to the government
24       of the United States, its agencies or instrumentalities concerned a sworn
25       statement, on a form to be provided by the director of taxation, that all
26       purchases so made were entitled to exemption under this subsection. As
27       an alternative to the foregoing procedure, any such contracting entity may
28       apply to the secretary of revenue for agent status for the sole purpose of
29       issuing and furnishing project exemption certificates to contractors pur-
30       suant to rules and regulations adopted by the secretary establishing con-
31       ditions and standards for the granting and maintaining of such status. All
32       invoices shall be held by the contractor for a period of five years and shall
33       be subject to audit by the director of taxation. Any contractor or any agent,
34       employee or subcontractor thereof, who shall use or otherwise dispose of
35       any materials purchased under such a certificate for any purpose other
36       than that for which such a certificate is issued without the payment of
37       the sales or compensating tax otherwise imposed upon such materials,
38       shall be guilty of a misdemeanor and, upon conviction therefor, shall be
39       subject to the penalties provided for in subsection (g) of K.S.A. 79-3615
40       and amendments thereto;
41             (f) tangible personal property purchased by a railroad or public utility
42       for consumption or movement directly and immediately in interstate
43       commerce;


6

  1             (g) sales of aircraft including remanufactured and modified aircraft,
  2       sales of aircraft repair, modification and replacement parts and sales of
  3       services employed in the remanufacture, modification and repair of air-
  4       craft sold to persons using directly or through an authorized agent such
  5       aircraft and aircraft repair, modification and replacement parts as certified
  6       or licensed carriers of persons or property in interstate or foreign com-
  7       merce under authority of the laws of the United States or any foreign
  8       government or sold to any foreign government or agency or instrumen-
  9       tality of such foreign government and all sales of aircraft, aircraft parts,
10       replacement parts and services employed in the remanufacture, modifi-
11       cation and repair of aircraft for use outside of the United States;
12             (h) all rentals of nonsectarian textbooks by public or private elemen-
13       tary or secondary schools;
14             (i) the lease or rental of all films, records, tapes, or any type of sound
15       or picture transcriptions used by motion picture exhibitors;
16             (j) meals served without charge or food used in the preparation of
17       such meals to employees of any restaurant, eating house, dining car, hotel,
18       drugstore or other place where meals or drinks are regularly sold to the
19       public if such employees' duties are related to the furnishing or sale of
20       such meals or drinks;
21             (k) any motor vehicle, semitrailer or pole trailer, as such terms are
22       defined by K.S.A. 8-126 and amendments thereto, or aircraft sold and
23       delivered in this state to a bona fide resident of another state, which motor
24       vehicle, semitrailer, pole trailer or aircraft is not to be registered or based
25       in this state and which vehicle, semitrailer, pole trailer or aircraft will not
26       remain in this state more than 10 days;
27             (l) all isolated or occasional sales of tangible personal property, serv-
28       ices, substances or things, except isolated or occasional sale of motor
29       vehicles specifically taxed under the provisions of subsection (o) of K.S.A.
30       79-3603 and amendments thereto;
31             (m) all sales of tangible personal property which become an ingre-
32       dient or component part of tangible personal property or services pro-
33       duced, manufactured or compounded for ultimate sale at retail within or
34       without the state of Kansas; and any such producer, manufacturer or
35       compounder may obtain from the director of taxation and furnish to the
36       supplier an exemption certificate number for tangible personal property
37       for use as an ingredient or component part of the property or services
38       produced, manufactured or compounded;
39             (n) all sales of tangible personal property which is consumed in the
40       production, manufacture, processing, mining, drilling, refining or com-
41       pounding of tangible personal property, the treating of by-products or
42       wastes derived from any such production process, the providing of serv-
43       ices or the irrigation of crops for ultimate sale at retail within or without


7

  1       the state of Kansas; and any purchaser of such property may obtain from
  2       the director of taxation and furnish to the supplier an exemption certifi-
  3       cate number for tangible personal property for consumption in such pro-
  4       duction, manufacture, processing, mining, drilling, refining, compound-
  5       ing, treating, irrigation and in providing such services;
  6             (o) all sales of animals, fowl and aquatic plants and animals, the pri-
  7       mary purpose of which is use in agriculture or aquaculture, as defined in
  8       K.S.A. 47-1901, and amendments thereto, the production of food for
  9       human consumption, the production of animal, dairy, poultry or aquatic
10       plant and animal products, fiber or fur, or the production of offspring for
11       use for any such purpose or purposes;
12             (p) all sales of drugs, as defined by K.S.A. 65-1626 and amendments
13       thereto, dispensed pursuant to a prescription order, as defined by K.S.A.
14       65-1626 and amendments thereto, by a licensed practitioner or a mid-
15       level practitioner as defined by K.S.A. 65-1626, and amendments thereto;
16             (q) all sales of insulin dispensed by a person licensed by the state
17       board of pharmacy to a person for treatment of diabetes at the direction
18       of a person licensed to practice medicine by the board of healing arts;
19             (r) all sales of prosthetic and orthopedic appliances prescribed in
20       writing by a person licensed to practice the healing arts, dentistry or
21       optometry. For the purposes of this subsection, the term prosthetic and
22       orthopedic appliances means any apparatus, instrument, device, or equip-
23       ment used to replace or substitute for any missing part of the body; used
24       to alleviate the malfunction of any part of the body; or used to assist any
25       disabled person in leading a normal life by facilitating such person's mo-
26       bility; such term shall include accessories attached or to be attached to
27       motor vehicles, but such term shall not include motor vehicles or personal
28       property which when installed becomes a fixture to real property;
29             (s) all sales of tangible personal property or services purchased di-
30       rectly by a groundwater management district organized or operating un-
31       der the authority of K.S.A. 82a-1020 et seq. and amendments thereto,
32       which property or services are used in the operation or maintenance of
33       the district;
34             (t) all sales of farm machinery and equipment or aquaculture ma-
35       chinery and equipment, repair and replacement parts therefor and serv-
36       ices performed in the repair and maintenance of such machinery and
37       equipment. For the purposes of this subsection the term "farm machinery
38       and equipment or aquaculture machinery and equipment" shall include
39       machinery and equipment used in the operation of Christmas tree farm-
40       ing but shall not include any passenger vehicle, truck, truck tractor, trailer,
41       semitrailer or pole trailer, other than a farm trailer, as such terms are
42       defined by K.S.A. 8-126 and amendments thereto. Each purchaser of
43       farm machinery and equipment or aquaculture machinery and equipment


8

  1       exempted herein must certify in writing on the copy of the invoice or
  2       sales ticket to be retained by the seller that the farm machinery and
  3       equipment or aquaculture machinery and equipment purchased will be
  4       used only in farming, ranching or aquaculture production. Farming or
  5       ranching shall include the operation of a feedlot and farm and ranch work
  6       for hire and the operation of a nursery;
  7             (u) all leases or rentals of tangible personal property used as a dwell-
  8       ing if such tangible personal property is leased or rented for a period of
  9       more than 28 consecutive days;
10             (v) all sales of food products to any contractor for use in preparing
11       meals for delivery to homebound elderly persons over 60 years of age and
12       to homebound disabled persons or to be served at a group-sitting at a
13       location outside of the home to otherwise homebound elderly persons
14       over 60 years of age and to otherwise homebound disabled persons, as
15       all or part of any food service project funded in whole or in part by
16       government or as part of a private nonprofit food service project available
17       to all such elderly or disabled persons residing within an area of service
18       designated by the private nonprofit organization, and all sales of food
19       products for use in preparing meals for consumption by indigent or home-
20       less individuals whether or not such meals are consumed at a place des-
21       ignated for such purpose;
22             (w) all sales of natural gas, electricity, heat and water delivered
23       through mains, lines or pipes: (1) To residential premises for noncom-
24       mercial use by the occupant of such premises; (2) for agricultural use and
25       also, for such use, all sales of propane gas; (3) for use in the severing of
26       oil; and (4) to any property which is exempt from property taxation pur-
27       suant to K.S.A. 79-201b Second through Sixth, and amendments thereto.
28       As used in this paragraph, "severing" shall have the meaning ascribed
29       thereto by subsection (k) of K.S.A. 79-4216, and amendments thereto;
30             (x) all sales of propane gas, LP-gas, coal, wood and other fuel sources
31       for the production of heat or lighting for noncommercial use of an oc-
32       cupant of residential premises;
33             (y) all sales of materials and services used in the repairing, servicing,
34       altering, maintaining, manufacturing, remanufacturing, or modification of
35       railroad rolling stock for use in interstate or foreign commerce under
36       authority of the laws of the United States;
37             (z) all sales of tangible personal property and services purchased di-
38       rectly by a port authority or by a contractor therefor as provided by the
39       provisions of K.S.A. 12-3418 and amendments thereto;
40             (aa) all sales of materials and services applied to equipment which is
41       transported into the state from without the state for repair, service, al-
42       teration, maintenance, remanufacture or modification and which is sub-
43       sequently transported outside the state for use in the transmission of


9

  1       liquids or natural gas by means of pipeline in interstate or foreign com-
  2       merce under authority of the laws of the United States;
  3             (bb) all sales of used mobile homes or manufactured homes. As used
  4       in this subsection: (1) "Mobile homes" and "manufactured homes" shall
  5       have the meanings ascribed thereto by K.S.A. 58-4202 and amendments
  6       thereto; and (2) "sales of used mobile homes or manufactured homes"
  7       means sales other than the original retail sale thereof;
  8             (cc) all sales of tangible personal property or services purchased for
  9       the purpose of and in conjunction with constructing, reconstructing, en-
10       larging or remodeling a business or retail business which meets the
11       requirements established in K.S.A. 74-50,115 and amendments thereto,
12       and the sale and installation of machinery and equipment purchased for
13       installation at any such business or retail business. When a person shall
14       contract for the construction, reconstruction, enlargement or remodeling
15       of any such business or retail business, such person shall obtain from the
16       state and furnish to the contractor an exemption certificate for the project
17       involved, and the contractor may purchase materials, machinery and
18       equipment for incorporation in such project. The contractor shall furnish
19       the number of such certificates to all suppliers from whom such purchases
20       are made, and such suppliers shall execute invoices covering the same
21       bearing the number of such certificate. Upon completion of the project
22       the contractor shall furnish to the owner of the business or retail business
23       a sworn statement, on a form to be provided by the director of taxation,
24       that all purchases so made were entitled to exemption under this subsec-
25       tion. All invoices shall be held by the contractor for a period of five years
26       and shall be subject to audit by the director of taxation. Any contractor
27       or any agent, employee or subcontractor thereof, who shall use or oth-
28       erwise dispose of any materials, machinery or equipment purchased un-
29       der such a certificate for any purpose other than that for which such a
30       certificate is issued without the payment of the sales or compensating tax
31       otherwise imposed thereon, shall be guilty of a misdemeanor and, upon
32       conviction therefor, shall be subject to the penalties provided for in sub-
33       section (g) of K.S.A. 79-3615 and amendments thereto. As used in this
34       subsection, "business" and "retail business" have the meanings respec-
35       tively ascribed thereto by K.S.A. 74-50,114 and amendments thereto;
36             (dd) all sales of tangible personal property purchased with food
37       stamps issued by the United States department of agriculture;
38             (ee) all sales of lottery tickets and shares made as part of a lottery
39       operated by the state of Kansas;
40             (ff) on and after July 1, 1988, all sales of new mobile homes or man-
41       ufactured homes to the extent of 40% of the gross receipts, determined
42       without regard to any trade-in allowance, received from such sale. As used
43       in this subsection, "mobile homes" and "manufactured homes" shall have


10

  1       the meanings ascribed thereto by K.S.A. 58-4202 and amendments
  2       thereto;
  3             (gg) all sales of tangible personal property purchased in accordance
  4       with vouchers issued pursuant to the federal special supplemental food
  5       program for women, infants and children;
  6             (hh) all sales of medical supplies and equipment purchased directly
  7       by a nonprofit skilled nursing home or nonprofit intermediate nursing
  8       care home, as defined by K.S.A. 39-923, and amendments thereto, for
  9       the purpose of providing medical services to residents thereof. This ex-
10       emption shall not apply to tangible personal property customarily used
11       for human habitation purposes;
12             (ii) all sales of tangible personal property purchased directly by a non-
13       profit organization for nonsectarian comprehensive multidiscipline youth
14       development programs and activities provided or sponsored by such or-
15       ganization, and all sales of tangible personal property by or on behalf of
16       any such organization. This exemption shall not apply to tangible personal
17       property customarily used for human habitation purposes;
18             (jj) all sales of tangible personal property or services, including the
19       renting and leasing of tangible personal property, purchased directly on
20       behalf of a community-based mental retardation facility or mental health
21       center organized pursuant to K.S.A. 19-4001 et seq., and amendments
22       thereto, and licensed in accordance with the provisions of K.S.A. 75-
23       3307b and amendments thereto. This exemption shall not apply to tan-
24       gible personal property customarily used for human habitation purposes;
25             (kk) on and after January 1, 1989, all sales of machinery and equip-
26       ment used directly and primarily for the purposes of manufacturing, as-
27       sembling, processing, finishing, storing, warehousing or distributing ar-
28       ticles of tangible personal property in this state intended for resale by a
29       manufacturing or processing plant or facility or a storage, warehousing or
30       distribution facility, and all sales of repair and replacement parts and
31       accessories purchased for such machinery and equipment:
32             (1) For purposes of this subsection, machinery and equipment shall
33       be deemed to be used directly and primarily in the manufacture, assem-
34       blage, processing, finishing, storing, warehousing or distributing of tan-
35       gible personal property where such machinery and equipment is used
36       during a manufacturing, assembling, processing or finishing, storing,
37       warehousing or distributing operation:
38             (A) To effect a direct and immediate physical change upon the tan-
39       gible personal property;
40             (B) to guide or measure a direct and immediate physical change upon
41       such property where such function is an integral and essential part of
42       tuning, verifying or aligning the component parts of such property;
43             (C) to test or measure such property where such function is an in-


11

  1       tegral part of the production flow or function;
  2             (D) to transport, convey or handle such property during the manu-
  3       facturing, processing, storing, warehousing or distribution operation at
  4       the plant or facility; or
  5             (E) to place such property in the container, package or wrapping in
  6       which such property is normally sold or transported.
  7             (2)  For purposes of this subsection "machinery and equipment used
  8       directly and primarily" shall include, but not be limited to:
  9             (A) Mechanical machines or components thereof contributing to a
10       manufacturing, assembling or finishing process;
11             (B) molds and dies that determine the physical characteristics of the
12       finished product or its packaging material;
13             (C) testing equipment to determine the quality of the finished
14       product;
15             (D) computers and related peripheral equipment that directly control
16       or measure the manufacturing process or which are utilized for engi-
17       neering of the finished product; and
18             (E) computers and related peripheral equipment utilized for research
19       and development and product design.
20             (3) "Machinery and equipment used directly and primarily" shall not
21       include:
22             (A) Hand tools;
23             (B) machinery, equipment and tools used in maintaining and repair-
24       ing any type of machinery and equipment;
25             (C) transportation equipment not used in the manufacturing, assem-
26       bling, processing, furnishing, storing, warehousing or distributing process
27       at the plant or facility;
28             (D) office machines and equipment including computers and related
29       peripheral equipment not directly and primarily used in controlling or
30       measuring the manufacturing process;
31             (E) furniture and buildings; and
32             (F) machinery and equipment used in administrative, accounting,
33       sales or other such activities of the business;
34             (4) for purposes of this subsection, "repair and replacement parts and
35       accessories" means all parts and accessories for exempt machinery and
36       equipment, including but not limited to dies, jigs, molds, and patterns
37       which are attached to exempt machinery or which are otherwise used in
38       production, short-lived replaceable parts that can be readily detached
39       from exempt machinery or equipment, such as belts, drill bits, grinding
40       wheels, cutting bars and saws, and other replacement parts for production
41       equipment, including refractory brick and other refractory items for kiln
42       equipment used in production operations;
43             (ll) all sales of educational materials purchased for distribution to the


12

  1       public at no charge by a nonprofit corporation organized for the purpose
  2       of encouraging, fostering and conducting programs for the improvement
  3       of public health;
  4             (mm) all sales of seeds and tree seedlings; fertilizers, insecticides,
  5       herbicides, germicides, pesticides and fungicides; and services, purchased
  6       and used for the purpose of producing plants in order to prevent soil
  7       erosion on land devoted to agricultural use;
  8             (nn) except as otherwise provided in this act, all sales of services ren-
  9       dered by an advertising agency or licensed broadcast station or any mem-
10       ber, agent or employee thereof;
11             (oo) all sales of tangible personal property purchased by a community
12       action group or agency for the exclusive purpose of repairing or weath-
13       erizing housing occupied by low income individuals;
14             (pp) all sales of drill bits and explosives actually utilized in the explo-
15       ration and production of oil or gas;
16             (qq) all sales of tangible personal property and services purchased by
17       a nonprofit museum or historical society or any combination thereof, in-
18       cluding a nonprofit organization which is organized for the purpose of
19       stimulating public interest in the exploration of space by providing edu-
20       cational information, exhibits and experiences, which is exempt from fed-
21       eral income taxation pursuant to section 501(c)(3) of the federal internal
22       revenue code of 1986;
23             (rr) all sales of tangible personal property which will admit the pur-
24       chaser thereof to any annual event sponsored by a nonprofit organization
25       which is exempt from federal income taxation pursuant to section
26       501(c)(3) of the federal internal revenue code of 1986;
27             (ss) all sales of tangible personal property and services purchased by
28       a public broadcasting station licensed by the federal communications
29       commission as a noncommercial educational television or radio station;
30             (tt) all sales of tangible personal property and services purchased by
31       or on behalf of a not-for-profit corporation which is exempt from federal
32       income taxation pursuant to section 501(c)(3) of the federal internal rev-
33       enue code of 1986, for the sole purpose of constructing a Kansas Korean
34       War memorial;
35             (uu) all sales of tangible personal property and services purchased by
36       or on behalf of any rural volunteer fire-fighting organization for use ex-
37       clusively in the performance of its duties and functions;
38             (vv) all sales of tangible personal property purchased by any of the
39       following organizations which are exempt from federal income taxation
40       pursuant to section 501 (c)(3) of the federal internal revenue code of
41       1986, for the following purposes, and all sales of any such property by or
42       on behalf of any such organization for any such purpose:
43             (1) The American Heart Association, Kansas Affiliate, Inc. for the


13

  1       purposes of providing education, training, certification in emergency car-
  2       diac care, research and other related services to reduce disability and
  3       death from cardiovascular diseases and stroke;
  4             (2) the Kansas Alliance for the Mentally Ill, Inc. for the purpose of
  5       advocacy for persons with mental illness and to education, research and
  6       support for their families;
  7             (3) the Kansas Mental Illness Awareness Council for the purposes of
  8       advocacy for persons who are mentally ill and to education, research and
  9       support for them and their families;
10             (4) the American Diabetes Association Kansas Affiliate, Inc. for the
11       purpose of eliminating diabetes through medical research, public edu-
12       cation focusing on disease prevention and education, patient education
13       including information on coping with diabetes, and professional education
14       and training;
15             (5) the American Lung Association of Kansas, Inc. for the purpose of
16       eliminating all lung diseases through medical research, public education
17       including information on coping with lung diseases, professional educa-
18       tion and training related to lung disease and other related services to
19       reduce the incidence of disability and death due to lung disease;
20             (6) the Kansas chapters of the Alzheimer's Disease and Related Dis-
21       orders Association, Inc. for the purpose of providing assistance and sup-
22       port to persons in Kansas with Alzheimer's disease, and their families and
23       caregivers; and
24             (7) the Mid-America Association for Computers in Education for the
25       purpose of providing computer education and training to Kansas educa-
26       tors and promoting discussion concerning the use of technology in Kansas
27       schools.
28             (ww) all sales of tangible personal property purchased by the Habitat
29       for Humanity for the exclusive use of being incorporated within a housing
30       project constructed by such organization.;
31             (xx) all sales of tangible personal property and services purchased by
32       a nonprofit zoo which is exempt from federal income taxation pursuant
33       to section 501(c)(3) of the federal internal revenue code of 1986, or on
34       behalf of such zoo by an entity itself exempt from federal income taxation
35       pursuant to section 501(c)(3) of the federal internal revenue code of 1986
36       contracted with to operate such zoo and all sales of tangible personal
37       property or services purchased by a contractor for the purpose of con-
38       structing, equipping, reconstructing, maintaining, repairing, enlarging,
39       furnishing or remodeling facilities for any nonprofit zoo which would be
40       exempt from taxation under the provisions of this section if purchased
41       directly by such nonprofit zoo or the entity operating such zoo. Nothing
42       in this subsection shall be deemed to exempt the purchase of any con-
43       struction machinery, equipment or tools used in the constructing, equip-


14

  1       ping, reconstructing, maintaining, repairing, enlarging, furnishing or re-
  2       modeling facilities for any nonprofit zoo. When any nonprofit zoo shall
  3       contract for the purpose of constructing, equipping, reconstructing, main-
  4       taining, repairing, enlarging, furnishing or remodeling facilities, it shall
  5       obtain from the state and furnish to the contractor an exemption certifi-
  6       cate for the project involved, and the contractor may purchase materials
  7       for incorporation in such project. The contractor shall furnish the number
  8       of such certificate to all suppliers from whom such purchases are made,
  9       and such suppliers shall execute invoices covering the same bearing the
10       number of such certificate. Upon completion of the project the contractor
11       shall furnish to the nonprofit zoo concerned a sworn statement, on a form
12       to be provided by the director of taxation, that all purchases so made were
13       entitled to exemption under this subsection. All invoices shall be held by
14       the contractor for a period of five years and shall be subject to audit by
15       the director of taxation. If any materials purchased under such a certifi-
16       cate are found not to have been incorporated in the building or other
17       project or not to have been returned for credit or the sales or compen-
18       sating tax otherwise imposed upon such materials which will not be so
19       incorporated in the building or other project reported and paid by such
20       contractor to the director of taxation not later than the 20th day of the
21       month following the close of the month in which it shall be determined
22       that such materials will not be used for the purpose for which such cer-
23       tificate was issued, the nonprofit zoo concerned shall be liable for tax on
24       all materials purchased for the project, and upon payment thereof it may
25       recover the same from the contractor together with reasonable attorney
26       fees. Any contractor or any agent, employee or subcontractor thereof,
27       who shall use or otherwise dispose of any materials purchased under such
28       a certificate for any purpose other than that for which such a certificate
29       is issued without the payment of the sales or compensating tax otherwise
30       imposed upon such materials, shall be guilty of a misdemeanor and, upon
31       conviction therefor, shall be subject to the penalties provided for in sub-
32       section (g) of K.S.A. 79-3615, and amendments thereto;
33             (yy) all sales of tangible personal property and services purchased by
34       a parent-teacher association or organization, and all sales of tangible per-
35       sonal property by or on behalf of such association or organization;
36             (zz) all sales of machinery and equipment purchased by over-the-air,
37       free access radio or television station which is used directly and primarily
38       for the purpose of producing a broadcast signal or is such that the failure
39       of the machinery or equipment to operate would cause broadcasting to
40       cease. For purposes of this subsection, machinery and equipment shall
41       include, but not be limited to, that required by rules and regulations of
42       the federal communications commission, and all sales of electricity which
43       are essential or necessary for the purpose of producing a broadcast signal


15

  1       or is such that the failure of the electricity would cause broadcasting to
  2       cease;
  3             (aaa) all sales of tangible personal property and services purchased
  4       by a religious organization which is exempt from federal income taxation
  5       pursuant to section 501(c)(3) of the federal internal revenue code, and
  6       used exclusively for religious purposes, and all sales of tangible personal
  7       property or services purchased by a contractor for the purpose of con-
  8       structing, equipping, reconstructing, maintaining, repairing, enlarging,
  9       furnishing or remodeling facilities for any such organization which would
10       be exempt from taxation under the provisions of this section if purchased
11       directly by such organization. Nothing in this subsection shall be deemed
12       to exempt the purchase of any construction machinery, equipment or
13       tools used in the constructing, equipping, reconstructing, maintaining,
14       repairing, enlarging, furnishing or remodeling facilities for any such or-
15       ganization. When any such organization shall contract for the purpose of
16       constructing, equipping, reconstructing, maintaining, repairing, enlarg-
17       ing, furnishing or remodeling facilities, it shall obtain from the state and
18       furnish to the contractor an exemption certificate for the project involved,
19       and the contractor may purchase materials for incorporation in such pro-
20       ject. The contractor shall furnish the number of such certificate to all
21       suppliers from whom such purchases are made, and such suppliers shall
22       execute invoices covering the same bearing the number of such certifi-
23       cate. Upon completion of the project the contractor shall furnish to such
24       organization concerned a sworn statement, on a form to be provided by
25       the director of taxation, that all purchases so made were entitled to ex-
26       emption under this subsection. All invoices shall be held by the contractor
27       for a period of five years and shall be subject to audit by the director of
28       taxation. If any materials purchased under such a certificate are found
29       not to have been incorporated in the building or other project or not to
30       have been returned for credit or the sales or compensating tax otherwise
31       imposed upon such materials which will not be so incorporated in the
32       building or other project reported and paid by such contractor to the
33       director of taxation not later than the 20th day of the month following
34       the close of the month in which it shall be determined that such materials
35       will not be used for the purpose for which such certificate was issued,
36       such organization concerned shall be liable for tax on all materials pur-
37       chased for the project, and upon payment thereof it may recover the same
38       from the contractor together with reasonable attorney fees. Any contrac-
39       tor or any agent, employee or subcontractor thereof, who shall use or
40       otherwise dispose of any materials purchased under such a certificate for
41       any purpose other than that for which such a certificate is issued without
42       the payment of the sales or compensating tax otherwise imposed upon
43       such materials, shall be guilty of a misdemeanor and, upon conviction


16

  1       therefor, shall be subject to the penalties provided for in subsection (g)
  2       of K.S.A. 79-3615, and amendments thereto. Sales tax paid on and after
  3       July 1, 1998, but prior to the effective date of this act upon the gross
  4       receipts received from any sale exempted by the amendatory provisions
  5       of this subsection shall be refunded. Each claim for a sales tax refund
  6       shall be verified and submitted to the director of taxation upon forms
  7       furnished by the director and shall be accompanied by any additional
  8       documentation required by the director. The director shall review each
  9       claim and shall refund that amount of sales tax paid as determined under
10       the provisions of this subsection. All refunds shall be paid from the sales
11       tax refund fund upon warrants of the director of accounts and reports
12       pursuant to vouchers approved by the director or the director's designee;
13             (bbb) all sales of food for human consumption by an organization
14       which is exempt from federal income taxation pursuant to section 501
15       (c)(3) of the federal internal revenue code of 1986, pursuant to a food
16       distribution program which offers such food at a price below cost in
17       exchange for the performance of community service by the purchaser
18       thereof;
19             (ccc) on and after July 1, 1999, all sales of tangible personal property
20       and services purchased by a primary care clinic or health center the pri-
21       mary purpose of which is to provide services to medically underserved
22       individuals and families, and which is exempt from federal income taxa-
23       tion pursuant to section 501 (c)(3) of the federal internal revenue code,
24       and all sales of tangible personal property or services purchased by a
25       contractor for the purpose of constructing, equipping, reconstructing,
26       maintaining, repairing, enlarging, furnishing or remodeling facilities for
27       any such clinic or center which would be exempt from taxation under the
28       provisions of this section if purchased directly by such clinic or center.
29       Nothing in this subsection shall be deemed to exempt the purchase of
30       any construction machinery, equipment or tools used in the constructing,
31       equipping, reconstructing, maintaining, repairing, enlarging, furnishing
32       or remodeling facilities for any such clinic or center. When any such clinic
33       or center shall contract for the purpose of constructing, equipping, re-
34       constructing, maintaining, repairing, enlarging, furnishing or remodeling
35       facilities, it shall obtain from the state and furnish to the contractor an
36       exemption certificate for the project involved, and the contractor may
37       purchase materials for incorporation in such project. The contractor shall
38       furnish the number of such certificate to all suppliers from whom such
39       purchases are made, and such suppliers shall execute invoices covering
40       the same bearing the number of such certificate. Upon completion of the
41       project the contractor shall furnish to such clinic or center concerned a
42       sworn statement, on a form to be provided by the director of taxation,
43       that all purchases so made were entitled to exemption under this subsec-


17

  1       tion. All invoices shall be held by the contractor for a period of five years
  2       and shall be subject to audit by the director of taxation. If any materials
  3       purchased under such a certificate are found not to have been incorpo-
  4       rated in the building or other project or not to have been returned for
  5       credit or the sales or compensating tax otherwise imposed upon such
  6       materials which will not be so incorporated in the building or other pro-
  7       ject reported and paid by such contractor to the director of taxation not
  8       later than the 20th day of the month following the close of the month in
  9       which it shall be determined that such materials will not be used for the
10       purpose for which such certificate was issued, such clinic or center con-
11       cerned shall be liable for tax on all materials purchased for the project,
12       and upon payment thereof it may recover the same from the contractor
13       together with reasonable attorney fees. Any contractor or any agent, em-
14       ployee or subcontractor thereof, who shall use or otherwise dispose of
15       any materials purchased under such a certificate for any purpose other
16       than that for which such a certificate is issued without the payment of
17       the sales or compensating tax otherwise imposed upon such materials,
18       shall be guilty of a misdemeanor and, upon conviction therefor, shall be
19       subject to the penalties provided for in subsection (g) of K.S.A. 79-3615,
20       and amendments thereto;
21             (ddd) on and after January 1, 1999, and before January 1, 2000, all
22       sales of materials and services purchased by any class II or III railroad as
23       classified by the federal surface transportation board for the construction,
24       renovation, repair or replacement of class II or III railroad track and
25       facilities used directly in interstate commerce. In the event any such track
26       or facility for which materials and services were purchased sales tax ex-
27       empt is not operational for five years succeeding the allowance of such
28       exemption, the total amount of sales tax which would have been payable
29       except for the operation of this subsection shall be recouped in accord-
30       ance with rules and regulations adopted for such purpose by the secretary
31       of revenue; and
32             (eee) on and after January 1, 1999, and before January 1, 2000, all
33       sales of materials and services purchased for the original construction,
34       reconstruction, repair or replacement of grain storage facilities, including
35       railroad sidings providing access thereto. 
36       Sec.  4. K.S.A. 1999 Supp. 12-1692, 12-1696 and 79-3606 are hereby
37       repealed.
38        Sec.  5. This act shall take effect and be in force from and after its
39       publication in the statute book.