[As Further Amended by Senate Committee of the Whole]

         
As Amended by Senate Committee
         
Session of 2000
         
SENATE BILL No. 478
         
By Committee on Transportation and Tourism
         
1-25
         

12             AN  ACT amending the junkyard and salvage control act; relating to
13             county and township highways; amending K.S.A. 68-2204, 68-2205 and
14             68-2207 and repealing the existing sections.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 68-2204 is hereby amended to read as follows: 68-
18       2204. No person shall establish, operate, or maintain a junkyard, any por-
19       tion of which is within one thousand (1,000) 1,000 feet of the nearest
20       edge of the right-of-way of any street or highway on the interstate system
21       or the primary system, or any portion of which is within one thousand
22       (1,000) 1,000 feet of the nearest edge of the right-of-way of any other
23       state, county, township highway, road, or city street, except the following:
24             (a) Those which are screened by natural objects, plantings, fences, or
25       other appropriate means so as not to be visible from the main traveled
26       way of the street or highway, or otherwise removed from sight.
27             (b) Those located within areas which are zoned for industrial use
28       under authority of law.
29             (c) Those located within unzoned industrial areas, which areas shall
30       be determined from actual land uses and defined by rules and regulations
31       to be adopted by the secretary of transportation.
32             (d) Those which are not visible from the main traveled way of a street
33       or highway on the interstate or the primary systems, or any other state,
34       county, township highway, road, or city street.
35             Sec.  2. K.S.A. 68-2205 is hereby amended to read as follows: 68-
36       2205. No person shall establish, operate, or maintain a junkyard, any por-
37       tion of which is within 1,000 feet of the nearest edge of the right-of-way
38       of any street or highway on the interstate or the primary systems, or any
39       other portion of which is within 1,000 feet of the nearest edge of the
40       right-of-way of any other state, county, township highway, road or city
41       street, without obtaining a certificate of compliance from the secretary of
42       transportation, which certificates shall be issued only for junkyards not
43       prohibited by K.S.A. 68-2204, and amendments thereto. The secretary of


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  1       transportation shall have the sole authority to issue certificates of com-
  2       pliance for the establishment, maintenance and operation of junkyards
  3       within the limits defined herein, except that an initial application for a
  4       certificate of compliance must show that such junkyards were approved
  5       by a local governing body if such approval is required by the local gov-
  6       erning body. The secretary of transportation shall charge an annual fee
  7       of $50 payable on or before January 1. Anyone establishing a junkyard
  8       after July 1 of any year shall pay a fee of $25 for the remaining portion
  9       of the year. No city or county governing body shall be required to pay
10       any fees provided for herein. All licenses issued under this section shall
11       expire on January 1 following the date of issue. A certificate of compliance
12       may be renewed from year to year upon paying to the secretary of trans-
13       portation the sum of $50 in advance for such renewal.
14             Any person who shall willfully or intentionally refuse to make an orig-
15       inal application or renewal application, or to pay the annual certificate of
16       compliance fee, as prescribed in this act, shall be deemed delinquent on
17       and after February 16 of any year, or in cases where business is estab-
18       lished after the first of the year such person shall be deemed delinquent
19       on and after 45 days after establishment of the business and shall be
20       assessed a penalty fee by the secretary of transportation of $1 per day for
21       each day such person continues to do business until the application is
22       made and the fees have been paid. After such time it shall be unlawful
23       for the owner, or any person, to operate the junkyard. Proceeds from
24       such fees shall be deposited with the state treasurer in the state highway
25       fund and be subject to disbursement as provided by law to defray the
26       expenses of administering the provisions of this act. Whenever any person
27       required to be certified under this act fails to make application with the
28       secretary of transportation, or to pay the certificate of compliance fee
29       when due, or continues to do business when the secretary of transpor-
30       tation has denied, suspended or revoked such application or certificate of
31       compliance, the secretary of transportation may file an action to enjoin
32       such person from operating in violation of this act.
33             Sec.  3. K.S.A. 68-2207 is hereby amended to read as follows: 68-
34       2207. Any junkyard which was lawfully in existence on May 4, 1967, and
35       duly certified in the subsequent year and which is within 1,000 feet of
36       the nearest edge of the right-of-way and visible from the main traveled
37       way of any street or highway on the interstate or the primary systems and
38       any junkyard within 1,000 feet of the nearest edge of the right-of-way and
39       visible from the main traveled way of any other state, county, township
40       highway, road or city street, and which is not located as specified in sub-
41       section (b) or (c) of K.S.A. 68-2204, and amendments thereto, shall be
42       screened, if feasible and if federal funds are available, by the secretary of
43       transportation at locations on the highway right-of-way or in areas ac-


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  1       quired for such purposes outside the right-of-way so as not to be visible
  2       from the main traveled way of such highway. 
  3       Sec.  4. K.S.A. 68-2204, 68-2205 and 68-2207 are hereby repealed.
  4        Sec.  5. This act shall take effect and be in force from and after its
  5       publication in the statute book.