The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 123 members present.
Rep. Lloyd was excused on verified illness.
Rep. Glasscock was excused on excused absence by the Speaker.
Present later: Rep. Glasscock.
Prayer by Chaplain Washington:
Prayer in Song
As we come together, in this House today,
let us all remember, that it is time to pray.
We should all be faithful, if we really care.
Let us raise our spirits in this song of prayer.
God bless America, Land that I love.
Stand beside her and guide her
through the night with a Light from above
From the mountains to the prairies
To the oceans white with foam
God bless America, my home sweet home
God bless America, my home sweet home.
MESSAGE FROM THE SENATE
The Senate adopts conference committee report on SB 469.
The Senate adopts conference committee report on SB 493.
The Senate adopts conference committee report on HB 2126.
The Senate adopts conference committee report on Sub. HB 2478.
The Senate adopts conference committee report on HB 2552.
The President announced the appointment of Senators Lawrence, Langworthy and Dow-
ney as members of the conference committee on HB 2249 to replace Senators Langworthy,
Corbin and Lee.
INTRODUCTION OF ORIGINAL MOTIONS
In accordance with subsection (b) of House Rule 1309, Rep. Larkin moved that HR 6010
be withdrawn from Committee on Judiciary and be placed on the calendar under the order
of business General Orders.
(The Chief Clerk of the House of Representatives is requested to read this motion and
cause it to be printed in the Calendar of April 10, 1998, under the order of business ``Con-
sideration of Motions and House Resolutions Offered on a Previous Day'' as provided by
House Rule 1309 (b).)
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2748, An act concerning community colleges; relating to subjects and courses taught
under agreements with certain state educational institutions; affecting determination of out-
district tuition and state aid; amending K.S.A. 1997 Supp. 71-301 and 71-609 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 105; Nays 18; Present but not voting: 0; Absent or not
voting: 2.
SB 408, An act concerning liens and claims against real or personal property; relating to
expedited process to review and determine validity of such, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
H. Sub. for SB 671, An act concerning the civil commitment of sexually violent predators;
amending K.S.A. 59-29a11, 59-29a12 and 59-29a13 and K.S.A. 1997 Supp. 59-29a02, 59-
29a08 and 59-29a10 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
Sub. SB 675, An act concerning economic development; relating to certain projects of
statewide as well as local importance; authorizing the issuance of bonds by the Kansas
development finance authority therefor; prescribing certain other provisions therefor;
amending K.S.A. 74-8907, 79-3603 and 79-3703 and K.S.A. 1997 Supp. 12-189, 12-192, 12-
195, 12-1771, 74-8902 and 74-8905 and repealing the existing sections, was considered on
final action.
Call of the House was demanded.
On roll call, the vote was: Yeas 66; Nays 57; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: I vote ``No'' on Sub. SB 675. When a county, desperately in need of
genuine tourism/economic development invests in potential projects to enhance its viability,
our state disgraces itself, through its Legislature, by allowing another county to subsequently
potentially steal any such project. This ``economic cannibalism'' is understandable when
Kansas competes against a border state. But it is unconscionable when one county is sanc-
tioned to undermine a neighboring Kansas county.--David Haley
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 554, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 4, by striking all in line 43;
On page 5, by striking all in lines 1 through 4;
And by renumbering ``Sec. 5.'' as ``Sec 4.'' and renumbering ``Sec. 6.'' as ``Sec. 5.'';
And your committee on conference recommends the adoption of this report.
William G. Mason
Jene Vickrey
Broderick Henderson
Conferees on part of House
Alicia L. Salisbury
Pat Ranson
Jim Barone Conferees on part of Senate
On motion of Rep. Mason to adopt the conference committee report on SB 554, Rep.
Spangler offered a substitute motion to not adopt the conference committee report and
asked that a new conference committee be appointed. The substitute motion prevailed.
Speaker pro tem Wagle thereupon appointed Reps. Mason, Vickrey and Henderson as
second conferees on the part of the House.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 416, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 2, by striking lines 4 through 8;
By renumbering the existing sections;
On page 4, by striking lines 10 through 15;
By renumbering the existing sections;
On page 5, by striking lines 16 through 20;
By renumbering the existing sections;
On page 12, by striking lines 37 through 41;
By renumbering the existing section;
On page 14, in line 31, by striking all after ``contribution''; in line 32, by striking all before
``shall'' and inserting ``after the effective date of this act and prior to July 1, 1998,''; in line
33, after ``act'', by inserting ``, as if the contribution had been made in calendar year 1997,'';
also in line 33, by striking ``firms'' and inserting ``firm's''; in line 34, after the period, by
inserting ``Notwithstanding any other provision of this section, no business firm shall claim
more that one credit for the same contribution.''; after line 34, by inserting a new section
as follows:
``New Sec. 9. For purposes of calculating any tax due under K.S.A. 40-253, and amend-
ments thereto, from a taxpayer not organized under the laws of this state, the credits allowed
pursuant to K.S.A. 40-2813, 74-50,132, 79-32,153, 79-32,160 and 79-32,196, and amend-
ments thereto, shall be treated as tax paid under K.S.A. 40-252, and amendments thereto.'';
By renumbering the sections accordingly;
Also on page 14, in line 39, by striking ``statute book'' and inserting ``Kansas Register'';
And your committee on conference recommends the adoption of this report.
William G. Mason
Jene Vickrey
Broderick Henderson
Conferees on part of House
Alicia L. Salisbury
Don Steffes
Jim Barone Conferees on part of Senate
On motion of Rep. Mason, the conference committee report on SB 416 was adopted.
On roll call, the vote was: Yeas 119; Nays 2; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Glasscock, Lloyd, Mayans, Sawyer.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Pauls, the House concurred in Senate amendments to HB 2534, An
act amending the employment security law; relating to eligibility for benefits; amending
K.S.A. 44-716a and K.S.A. 1997 Supp. 44-703, 44-705, 44-712, 44-717 and 44-718 and
repealing the existing sections. (The House requested the Senate to return the bill, which
was in conference).
On roll call, the vote was: Yeas 121; Nays 1; Present but not voting: 0; Absent or not
voting: 3.
On motion of Rep. Geringer, the House concurred in Senate amendments to HB 2591,
An act concerning workers compensation; relating to the coverage of self-employed con-
tractors; death benefits; amending K.S.A. 44-570 and K.S.A. 1997 Supp. 44-503, 44-505,
44-508, 44-510b and 44- 532 and repealing the existing sections. (The House requested the
Senate to return the bill, which was in conference).
On roll call, the vote was: Yeas 107; Nays 14; Present but not voting: 1; Absent or not
voting: 3.
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2126, as amended by senate committee, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:
On page 2, in line 6, by striking ``or''; in line 7, before ``professional'' by inserting ``Kansas'';
in line 11, by striking ``organized under''; in line 12, by striking all before the period and
inserting the following: ``or foreign professional corporation in which at least one member
or shareholder is authorized by a licensing body, as defined in K.S.A. 1997 Supp. 74-146,
and amendments thereto, to render in this state a professional service permitted by the
articles of organization; or
(5) a general partnership or limited liability company, if all partners or members thereof
are authorized to render the professional services permitted by the articles of organization
of the issuing limited liability company formed pursuant to this section and in which at least
one partner or member is authorized by a licensing authority of this state to render in this
state the professional services permitted by the articles of organization of the limited liability
company``;
On page 4, by striking all in lines 28 through 32; in line 33, by striking ``(7)'' and inserting
``(6)''; in line 39, by striking ``(8)'' and inserting ``(7)'';
On page 9, in line 2, following ``17-7607'' by inserting ``, 17-7607, as amended by section
2 of 1998 Senate Bill No. 472,'';
On page 1, in the title, in line 15, before the period by inserting ``; also repealing K.S.A.
17-7607, as amended by section 2 of 1998 Senate Bill No. 472'';
And your committee on conference recommends the adoption of this report.
Tim Emert
Keith Schraad
Greta Goodwin
Conferees on part of Senate
Tim Carmody
Terry Presta
Jim D. Garner Conferees on part of House
On motion of Rep. Carmody, the conference committee report on HB 2126 was adopted.
On roll call, the vote was: Yeas 120; Nays 1; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Franklin, Glasscock, Lloyd, Mayans.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2478, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:
On page 10, by striking all in lines 34 through 43;
By striking all of page 11;
On page 12, by striking all in lines 1 through 6;
And by renumbering sections accordingly;
On page 13, after line 29, by inserting the following:
``New Sec. 9. (a) There is hereby created in the state treasury the wheat research re-
serve fund. All moneys credited to such fund shall be used solely to replace funding shortfalls
in the Kansas wheat commission fund for wheat research and market development. Such
expenditures of the Kansas wheat commission shall be made in accordance with appropri-
ation acts upon warrants of the director of accounts and reports issued pursuant to vouchers
approved by the administrator or the administrator's designee.
(b) No expenditures from the wheat research reserve fund shall be made for wheat
research and market development until the Kansas wheat commission has approved the
proposed expenditure.
(c) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the wheat research reserve fund established in sub-
section (a) interest earnings based on:
(1) The average daily balance of moneys in the wheat research reserve fund; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding
month.
New Sec. 10. On July 1, 1998, the director of accounts and reports shall transfer
$650,000 from the Kansas wheat commission fund to the wheat research reserve fund.'';
And by renumbering sections accordingly;
Also on page 13, in lines 30 and 31, by striking ``, 82a-1369'';
On page 1, in the title, in line 13, before ``amending'' by inserting ``establishing the wheat
research reserve fund;''; in line 14, by striking ``, 82a-1369'';
And your committee on conference recommends the adoption of this report.
Dave Kerr
Stephen R. Morris
Marge Petty
Conferees on part of Senate
Phil Kline
Mike Farmer
Henry M. Helgerson, Jr. Conferees on part of House
On motion of Rep. Phil Kline, the conference committee report on Sub. HB 2478 was
adopted.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2552, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 2, in line 18, by striking all after the stricken word ``utility''; in line 19, before
the period, by inserting ``, a marketer of electricity, a broker of electricity, an electric public
utility, an electric cooperative, a city owning or operating a municipal electric utility, a
municipal energy agency, a federal power marketing administration or an investor owned
electric utility'';
And your committee on conference recommends the adoption of this report.
Pat Ranson
Jim Barone
Stan Clark
Conferees on part of Senate
Don Myers
Clay Aurand
Tom Burroughs Conferees on part of House
On motion of Rep. Myers, the conference committee report on HB 2552 was adopted.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Ballou in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Ballou, Committee of the Whole report, as follows, was adopted:
Recommended that SB 418 be passed.
HCR 5053 be adopted.
Committee report to SB 44 be adopted; also, on motion of Rep. Garner be amended on
page 10, after line 1, by inserting a new section to read as follows:
``Sec. 5. K.S.A. 79-3230 is hereby amended to read as follows: 79-3230. (a) The amount
of income taxes imposed by this act shall be assessed within three years after the return was
filed or the tax as shown to be due on the return was paid, whichever is the later date, and
no proceedings in court for the collection of such taxes shall be begun after the expiration
of such period. For purposes of this act any return filed before the 15th day of the fourth
month following the close of the taxable year shall be considered as being filed on the 15th
day of the fourth month following the close of the taxable year, and any tax shown to be
due on the return and paid before the 15th day of the fourth month following the close of
the taxable year shall be deemed to have been paid on the 15th day of the fourth month
following the close of the taxable year.
(b) 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.
(c) No refund or credit shall be allowed by the director of taxation after three years
from the date prescribed by law for filing the return, provided it was filed before the due
date, unless before the expiration of such period a claim therefor is filed by the taxpayer. If
the return was filed after the due date, a refund claim must be filed not later than three
years from the time the return was actually filed, or two years from the date the tax was
paid, whichever of such periods expires later. Where the assessment of any income tax
imposed by this act has been made within the period of limitation properly applicable
thereto, such tax may be collected by distraint or by a proceeding in court, but only if begun
within one year after the period of limitation as defined in this act.
(d) In case a taxpayer has made claim for a refund, the taxpayer shall have the right to
commence a suit for the recovery of the refund at the expiration of six months after the
filing of the claim for refund, if no action has been taken by the director of taxation.
(e) Before the expiration of time prescribed in this section for the assessment of addi-
tional tax or the filing of a claim for a refund, the director of taxation is authorized to enter
into an agreement in writing with the taxpayer consenting to the extension of the periods
of limitations as defined in this act 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. A copy of all such agreements and extensions thereof
shall be filed with the director of taxation within 30 days after their execution.
(f) Any taxpayer whose income has been adjusted by the federal internal revenue service or by the income tax collection agency of another state is required to report such adjustments
to the Kansas department of revenue by mail within 180 days of the date the federal or other state adjustments are paid, agreed to or become final, whichever is earlier. Such
adjustments shall be reported by filing an amended return for the applicable taxable year
and a copy of the federal or state revenue agent's report detailing such adjustments. In the
event such taxpayer is a corporation, such report shall be by certified or registered mail.
Notwithstanding the provisions of subsection (a) or (c) of this section, additional income
taxes may be assessed and proceedings in court for collection of such taxes may be com-
menced and any refund or credit may be allowed by the director of taxation within 180 days
following receipt of any such report of adjustments by the Kansas department of revenue.
No assessment shall be made nor any refund or credit shall be allowable under the provisions
of this paragraph except to the extent the same is attributable to changes in the taxpayer's
income due to adjustments indicated by such report.
(g) In the event of failure to comply with the provisions of this section, the statute of
limitations shall be tolled.'';
By renumbering existing sections accordingly;
Also, on page 10, in line 2, by striking ``79-32,117 is'' and inserting ``79-3230 and 79-
32,117 are'';
In the title, in line 19, after ``K.S.A.'' by inserting ``79-3230 and''; in line 20, by striking
``section'' and inserting ``sections'';
Also, roll call was demanded on motion of Rep. Krehbiel to amend SB 44 on page 10,
following line 1, by inserting the following:
``New Sec. 5. (a) For all taxable years commencing after December 31, 1997, a credit
shall be allowed against the tax liability imposed under the Kansas income tax act upon an
individual for amounts incurred during the taxable year for tuition, textbooks and associated
fees for all dependents of such individual attending any Kansas area vocational school, area
vocational-technical school, community college, technical college, municipal university, state
educational institution under the control and supervision of the state board of regents or its
successor, or accredited independent postsecondary educational institution located and op-
erating in Kansas.
(b) The amount of such credit shall be the amount paid for tuition, textbooks and as-
sociated fees but shall not exceed $500 for each dependent expended in any taxable year.
If the amount of such credit exceeds the individual's income tax liability for the appropriate
taxable year, such excess amount shall be refunded. This credit shall not be allowed, how-
ever, if the taxpayer's adjusted gross income exceeds the sum of $80,000 in the event of a
married taxpayer filing a joint return, or the sum of $40,000 in the event of all other tax-
payers.
(c) No credit shall be allowed for such expenses incurred for any dependent who has
completed four years of attendance at any such institution after the effective date of this
act.'';
And by renumbering sections accordingly;
On roll call, the vote was: Yeas 102; Nays 9; Present but not voting: 2; Absent or not
voting: 12.
Absent or not voting: Aurand, Boston, Freeborn, Glasscock, Henderson, Lloyd, Mayans,
McKechnie, Samuelson, Spangler, Vickrey, Wilson.
The motion of Rep. Krehbiel prevailed.
Also, on motion of Rep. Presta SB 44 be amended on page 9, after line 8, by inserting
``(xv) For all taxable years commencing after December 31, 1997, the amount, not to
exceed $2,000, of contributions to an education savings account pursuant to section 5.'';
On page 10, after line 1, by inserting two new sections to read as follows:
``New Sec. 5. (a) This section may be cited as the education savings account act.
(b) For the purposes of this section:
(1) ``Account holder'' means the individual on whose behalf the education savings ac-
count is established.
(2) ``Dependent child'' means any person under the age of 21 years or any person who
is legally entitled or subject to a court order for the provision of proper and necessary
subsistence and education, and who is not emancipated, married or a member of the armed
forces of the United States.
(3) ``Education savings account'' means a custodial account established or organized to
pay for post secondary education expenses of the account holder.
(4) ``Custodian'' means a chartered state bank or trust company authorized to act as a
fiduciary, a national banking association or savings and loan association authorized to act as
a fiduciary, or an insurance company and shall include any other qualified financial custodian
as defined by rules and regulations adopted by the secretary of revenue.
(c) For taxable years beginning after December 31, 1997, a resident of this state shall
be allowed to deposit contributions to an education savings account. Except as provided in
subsection (c)(8), the amount of deposit for the first taxable year subsequent to the effective
date of this act shall not exceed:
(1) $2,000 for the account holder; or
(2) $2,000 for the account holder and $1,000 for each dependent child of the account
holder.
(3) Income earned on an education savings account shall be exempt from state income
taxation under the Kansas income tax act.
(4) Upon agreement between an employer and employee, an employer may contribute
to the employee's education savings account, subject to the restrictions in subsection (6)(A).
(5) The education savings account shall be established as a custodial account and be
placed with a custodian.
(6) Education savings account funds may be withdrawn by the account holder at any
time for any purpose, subject to the following restrictions and penalties:
(A) There shall be a distribution penalty for withdrawal of educations savings account
funds by the account holder; such penalty shall be 25% of the amount of interest earned as
of the date of withdrawal on the account and shall be remitted by the custodian to the state
and disposed of in the same manner as other penalties imposed under the Kansas income
tax act; and, upon such withdrawal, the interest earned during the tax year in which with-
drawal occurs shall be subject to state income taxation; and
(B) withdrawals shall be permitted without penalty for the purposes for which the ed-
ucation savings account was created.
(7) Upon the death of the account holder, the account principal, as well as any interest
accumulated thereon, shall be distributed to the decedent's estate and taxed as part of the
estate.
(8) There shall be no limit on the amount of earned income of a dependent child, who
is a recipient of aid to families with dependent children, deposited in an educations savings
account of such dependent child that was created or organized to pay for educational ex-
penses of such dependent child.
Sec. 6. K.S.A. 79-32,117h is hereby amended to read as follows: 79-32,117h. (a) This
section may be cited as the individual development account act.
(b) For the purposes of this section:
(1) ``Account holder'' means the individual on whose behalf the individual development
account is established.
(2) ``Dependent child'' means any person under the age of 21 years or any person who
is legally entitled or subject to a court order for the provision of proper and necessary
subsistence and education, and who is not emancipated, married or a member of the armed
forces of the United States.
(3) ``Individual development account'' means a custodial account established or organ-
ized to pay for K-12 education expenses of the account holder.
(4) ``Custodian'' means a chartered state bank or trust company authorized to act as a
fiduciary, a national banking association or savings and loan association authorized to act as
a fiduciary, or an insurance company and shall include any other qualified financial custodian
as defined by rules and regulations adopted by the secretary of revenue.
(c) (1) For taxable years beginning after December 31, 1993, a resident of this state
shall be allowed to deposit contributions to an individual development account. Except as
provided in subsection (c)(8), the amount of deposit for the first taxable year subsequent to
the effective date of this act shall not exceed:
(A) $2,000 for the account holder; or
(B) $2,000 for the account holder and $1,000 for each dependent child of the account
holder.
(2) The maximum allowable amount of deposit for subsequent years shall be increased
annually by a percentage equal to the previous year's increase in the consumer price index
as published annually as soon after December 31 each year as possible by the secretary of
state in the Kansas register. As used in this paragraph (2), ``consumer price index'' means
the twelve-month average of the consumer price index for all urban consumers United States
city average which is published by the United States department of labor.
(3) Income earned on an individual development account shall be exempt from state
income taxation under the Kansas income tax act.
(4) Upon agreement between an employer and employee, an employer may contribute
to the employee's individual development account, subject to the restrictions in subsection
(6)(A).
(5) The individual development account shall be established as a custodial account and
be placed with a custodian.
(6) Individual development account funds may be withdrawn by the account holder at
any time for any purpose, subject to the following restrictions and penalties:
(A) There shall be a distribution penalty for withdrawal of individual development ac-
count funds by the account holder; such penalty shall be 25% of the amount of interest
earned as of the date of withdrawal on the account and shall be remitted by the custodian
to the state and disposed of in the same manner as other penalties imposed under the Kansas
income tax act; and, upon such withdrawal, the interest earned during the tax year in which
withdrawal occurs shall be subject to state income taxation; and
(B) withdrawals shall be permitted without penalty for the purposes for which the in-
dividual development account was created.
(7) Upon the death of the account holder, the account principal, as well as any interest
accumulated thereon, shall be distributed to the decedent's estate and taxed as part of the
estate.
(8) There shall be no limit on the amount of earned income of a dependent child, who
is a recipient of aid to families with dependent children, deposited in an individual devel-
opment account of such dependent child that was created or organized to pay for educational
expenses of such dependent child.'';
By renumbering existing sections accordingly;
Also, on page 10, in line 2, by striking ``is'' and inserting ``and 79-32,117h are'';
In the title, in line 19, before ``and'' by inserting ``and 79-32,117h''; in line 20, by striking
``section'' and inserting ``sections'';
Also, on motion of Rep. Campbell to amend SB 44, the motion was withdrawn; and the
bill be passed as amended.
Committee report to HB 3022 be adopted; also, on motion of Rep. Helgerson be
amended on page 2, following line 2, by inserting the following:
``(c) No delinquency fee shall be increased above the amount such fee was set at on
April 1, 1998, unless the governing body of the city where such cable television service is
franchised and all cable television customers who are to be charged such increased fee are
notified 30 days prior to such increase taking effect.'';
Also, roll call was demanded on motion of Rep. Wells to amend HB 3022 on page 1, in
line 31, by deleting ``$7.50`` and inserting therein ``$3.00'';
On roll call, the vote was: Yeas 56; Nays 62; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Freeborn, Glasscock, Kejr, Phill Kline, Landwehr, Lloyd, Mayans.
The motion of Rep. Wells did not prevail.
Also, on motion to recommend HB 3022 favorably for passage, the motion did not prevail.
CHANGE OF CONFEREES
Speaker pro tem Wagle announced the appointment of Rep. Edmonds as a member of
the conference committee on SB 11 to replace Rep. Farmer. Also, the appointment of Rep.
Farmer to replace Rep. Phil Kline.
The House stood in recess until 4:30 p.m.
______
Afternoon Session
The House met pursuant to recess with Speaker pro tem Wagle in the chair.
MESSAGES FROM THE GOVERNOR
HB 2559, 2738, 2835, 2899 approved on April 9, 1998.
MESSAGES FROM THE SENATE
The Senate adopts conference committee report on HB 2678.
The Senate adopts conference committee report on HB 2724.
The Senate adopts conference committee report on HB 2806.
The Senate adopts conference committee report on HB 2877.
Also, announcing passage of HB 2531, as amended.
The Senate adopts conference committee report on SB 416.
The Senate nonconcurs in House amendments to H. Sub. for SB 671, requests a con-
ference and has appointed Senators Emert, Pugh and Goodwin as conferees on the part of
the Senate.
The Senate nonconcurs in House amendments to Sub. SB 675, requests a conference
and has appointed Senators Ranson, Jordan and Barone as conferees on the part of the
Senate.
The Senate accedes to the request of the House for a conference on SB 554 and has
appointed Senators Salisbury, Ranson and Barone as second conferees on the part of the
Senate.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on H. Sub. for SB 671.
Speaker pro tem Wagle thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on Sub. SB 675.
Speaker pro tem Wagle thereupon appointed Reps. Allen, Palmer and E. Peterson as
conferees on the part of the House.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 488, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 1, in line 25, by striking ``For'' and inserting ``On and after January 1, 1999, for'';
by striking all in lines 38 through 43;
On page 2, by striking all in lines 1 through 43;
On page 3, by striking all in lines 1 through 43;
On page 4, by striking all in lines 1 through 43;
On page 5, by striking all in lines 1 through 8;
By renumbering sections accordingly;
On page 6, in line 30, by striking ``and 74-2012'';
In the title, in line 12, by striking all following the semicolon; in line 13, by striking all
preceding ``concerning''; in line 15, by striking ``and 74-2012'';
And your committee on conference recommends the adoption of this report.
Gary K. Hayzlett
Andrew Howell
Herman Dillon
Conferees on part of House
Ben Vidrickson
Nick Jordan
Mark Gilstrap Conferees on part of Senate
On motion of Rep. Shore, the conference committee report on SB 488 was adopted.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to HOUSE Substitute for Substitute for SB 139, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed as House Substitute for Substitute for
Senate Bill No. 139, as amended by House Committee of the Whole, as follows:
On page 1, in line 20, preceding ``K.S.A.'' by inserting ``On and after January 1, 1999,'';
in line 42, preceding ``K.S.A.'' by inserting ``On and after January 1, 1999,'';
On page 2, in line 22, preceding ``K.S.A.'' by inserting ``On and after January 1, 1999,'';
following line 30, by inserting the following:
``New Sec. 4. In the event of the death of any person issued distinctive license plates
under the provisions of K.S.A. 8-161, 8-177a or 8-177c, or K.S.A. 1997 Supp. 8-1,140, 8-
1,145 or 8-1,146, and amendments thereto, the surviving spouse or other family member,
if there is no surviving spouse, shall be entitled to possession of any such distinctive license
plates. Such license plates shall not be displayed on any vehicle unless otherwise authorized
by statute.
New Sec. 5. There is hereby created in the state treasury, the repossessed certificates
of title fee fund. All moneys credited to the repossessed certificates of title fee fund shall
be used by the department of revenue only for the purposes of funding the administration
and operations, including personnel associated with the processing of certificates of title for
repossessed vehicles. All expenditures from the repossessed certificates of title fee fund shall
be made in accordance with appropriation acts, upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the secretary of the department of
revenue.
Sec. 6. K.S.A. 8-116a is hereby amended to read as follows: 8-116a. (a) When an ap-
plication is made for a vehicle which has been assembled, reconstructed, reconstituted or
restored from one or more vehicles, or the proper identification number of a vehicle is in
doubt, the procedure in this section shall be followed. The owner of the vehicle shall request
the Kansas highway patrol to check the vehicle. At the time of such check the owner shall
supply the highway patrol with information concerning the history of the various parts of
the vehicle. Such information shall be supplied by affidavit of the owner, if so requested by
the highway patrol. If the highway patrol is satisfied that the vehicle contains no stolen parts,
it shall assign an existing or new identification number to the vehicle and direct the places
and manner in which the identification number is to be located and affixed or implanted.
A charge of $10 per hour or part thereof, with a minimum charge of $10, shall be made to
the owner of a vehicle requesting check under this subsection, and such charge shall be
paid prior to the check under this section. When a check has been made under subsection
(b), not more than 60 days prior to a check of the same vehicle identification number,
requested by the owner of the vehicle to obtain a regular certificate of title in lieu of a
nonhighway certificate of title, no charge shall be made for such second check.
(b) From and after the effective date of this act, Any person making application for any
original Kansas title for a used vehicle which, at the time of making application, is titled in
another jurisdiction, as a condition precedent to obtaining any Kansas title, shall have such
vehicle checked by the Kansas highway patrol for verification that the vehicle identification
number shown on the foreign title is genuine and agrees with the identification number on
the vehicle. Checks under this section may include inspection for possible violation of K.S.A. 8-611 K.S.A. 21-3757, and amendments thereto or other evidence of possible fraud. The
verification shall be made upon forms prescribed by the division of vehicles which shall
contain such information as the secretary of revenue shall require by rules and regulations.
A charge of $10 per hour or part thereof, with a minimum charge of $10, shall be made for
checks under this subsection. When a vehicle is registered in another state, but is financed
by a Kansas financial institution and is repossessed in another state and such vehicle will
not be returned to Kansas, the check required by this subsection (b) shall not be required
to obtain a valid Kansas title or registration.
(c) As used in this act, ``identification number'' or ``vehicle identification number'' means
an identifying number, serial number, engine number, transmission number or other dis-
tinguishing number or mark, placed on a vehicle, engine, transmission or other essential
part by its manufacturer or by authority of the division of vehicles or the Kansas highway
patrol or in accordance with the laws of another state or country.
(d) The checks made under subsection (b) may be made by:
(1) A designee of the superintendent of the Kansas highway patrol; or
(2) an employee of a new vehicle dealer, as defined in subsection (b) of K.S.A. 8-2401, and amendments thereto, for the purposes provided for in subsection (f). For checks made
by a designee, $1 of each charge shall be remitted to the Kansas highway patrol and the
balance of such charges shall be retained by such designee. When a check is made under
either subsection (a) or (b) by personnel of the Kansas highway patrol or when a check is made under subsection (b) by an employee of a new vehicle dealer, the entire amount of the
charge therefor shall be paid to the highway patrol.
(e) There is hereby created the vehicle identification number fee fund. The Kansas
highway patrol shall remit all moneys received by the Kansas highway patrol from fees
collected under subsection (d) to the state treasurer at least monthly. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the state treasury to
the credit of the vehicle identification number fee fund. All expenditures from the vehicle
identification number fee fund shall be made in accordance with appropriations acts upon
warrants of the director of accounts and reports issued pursuant to vouchers approved by
the superintendent of the Kansas highway patrol or by a person or persons designated by
the superintendent.
(f) An employee of a new vehicle dealer, who has received initial training and certifi- cation from the highway patrol, and has met continuing certification requirements, in ac- cordance with rules and regulations adopted by the superintendent of the highway patrol, may provide the checks under subsection (b), in accordance with rules and regulations adopted by the superintendent of the highway patrol, on motor vehicles repurchased or reacquired by a manufacturer, distributor or financing subsidiary of such manufacturer and which are purchased by the new vehicle dealer. At any time, after a hearing in accordance with the provisions of the Kansas administrative procedure act, the superintendent of the highway patrol may revoke, suspend, decline to renew or decline to issue certification for failure to comply with the provisions of this subsection, including any rules and regulations.
Sec. 7. K.S.A. 8-133 is hereby amended to read as follows: 8-133. The license plate
assigned to the vehicle shall be attached to the rear thereof and shall be so displayed during
the current registration year or years, and no Kansas registration plate for any other year
shall appear on the front of the vehicle, except that the license plate issued for a truck tractor
shall be attached to the front of the truck tractor and a model year license plate may be attached to the front of an antique vehicle, in accordance with K.S.A. 8-172, and amendments thereto. Beginning in 1985 and thereafter two personalized license plates may be issued for
passenger vehicles and trucks licensed for a gross weight of not more than 16,000 pounds.
One such personalized license plate shall be displayed on the rear of the vehicle and the
other shall be displayed on the front of the vehicle, but no registration decal shall be issued
for any plate affixed to the front of a vehicle pursuant to K.S.A. 8-134, and amendments
thereto. Every license plate shall at all times be securely fastened to the vehicle to which it
is assigned so as to prevent the plate from swinging, and at a height not less than 12 inches
from the ground, measuring from the bottom of such plate, in a place and position to be
clearly visible, and shall be maintained free from foreign materials and in a condition to be
clearly legible. During any period in which the construction of license plates has been
suspended pursuant to the provisions of K.S.A. 8-132, and amendments thereto, the plate,
tag, token, marker or sign assigned to such vehicle shall be attached to and displayed on
such vehicle in such place, position, manner and condition as shall be prescribed by the
director of vehicles.
Sec. 8. K.S.A. 1997 Supp. 8-135 is hereby amended to read as follows: 8-135. (a) Upon
the transfer of ownership of any vehicle registered under this act, the registration of the
vehicle and the right to use any license plate thereon shall expire and thereafter there shall
be no transfer of any registration, and the license plate shall be removed by the owner
thereof. Except as provided in K.S.A. 8-172, and amendments thereto, and section 4, it shall
be unlawful for any person, other than the person to whom the license plate was originally
issued, to have possession thereof. When the ownership of a registered vehicle is transferred,
the original owner of the license plate may register another vehicle under the same number,
upon application and payment of a fee of $1.50, if such other vehicle does not require a
higher license fee. If a higher license fee is required, then the transfer may be made upon
the payment of the transfer fee of $1.50 and the difference between the fee originally paid
and that due for the new vehicle.
(b) Subject to the provisions of subsection (a) of K.S.A. 8-198, and amendments thereto,
upon the transfer or sale of any vehicle by any person or dealer, or upon any transfer in
accordance with K.S.A. 1997 Supp. 59-3511, and amendments thereto, the new owner
thereof, within 30 days, inclusive of weekends and holidays, from date of such transfer shall
make application to the division for registration or reregistration of the vehicle, but no person
shall operate the vehicle on any highway in this state during the thirty-day period without
having applied for and obtained temporary registration from the county treasurer or from
a dealer. After the expiration of the thirty-day period, it shall be unlawful for the owner or
any other person to operate such vehicle upon the highways of this state unless the vehicle
has been registered as provided in this act. For failure to make application for registration
as provided in this section, a penalty of $2 shall be added to other fees. When a person has
a current motorcycle or passenger vehicle registration and license plate, including any reg-
istration decal affixed thereto, for a vehicle and has sold or otherwise disposed of the vehicle
and has acquired another motorcycle or passenger vehicle and intends to transfer the reg-
istration and the license plate to the motorcycle or passenger vehicle acquired, but has not
yet had the registration transferred in the office of the county treasurer, such person may
operate the motorcycle or passenger vehicle acquired for a period of not to exceed 30 days
by displaying the license plate on the rear of the vehicle acquired. If the acquired vehicle
is a new vehicle such person also must carry the assigned certificate of title or manufacturer's
statement of origin when operating the acquired vehicle, except that a dealer may operate
such vehicle by displaying such dealer's dealer license plate.
(c) Certificate of title: No vehicle required to be registered shall be registered or any
license plate or registration decal issued therefor, unless the applicant for registration shall
present satisfactory evidence of ownership and apply for an original certificate of title for
such vehicle. The following paragraphs of this subsection shall apply to the issuance of a
certificate of title for a nonhighway vehicle, as defined in K.S.A. 8-197, and amendments
thereto, except to the extent such paragraphs are made inapplicable by or are inconsistent
with K.S.A. 8-198, and amendments thereto.
(1) An application for certificate of title shall be made by the owner or the owner's agent
upon a form furnished by the division and shall state all liens or encumbrances thereon,
and such other information as the division may require. Notwithstanding any other provision
of this section, no certificate of title, other than a duplicate title, shall be issued for a vehicle
having any unreleased lien or encumbrance thereon, unless the transfer of such vehicle has
been consented to in writing by the holder of the lien or encumbrance. Such consent shall
be in a form approved by the division. In the case of members of the armed forces of the
United States while the United States is engaged at war with any foreign nation and for a
period of six months next following the cessation of hostilities, such application may be
signed by the owner's spouse, parents, brother or sister. The county treasurer shall use
reasonable diligence in ascertaining whether the facts stated in such application are true,
and if satisfied that the applicant is the lawful owner of such vehicle, or otherwise entitled
to have the same registered in such applicant's name, shall so notify the division, who shall
issue an appropriate certificate of title. The certificate of title shall be in a form approved
by the division, and shall contain a statement of any liens or encumbrances which the
application shows, and such other information as the division determines.
(2) The certificate of title shall contain upon the reverse side a form for assignment of
title to be executed by the owner before a notary public or some other officer authorized
to administer an oath. This assignment shall contain a statement of all liens or encumbrances
on the vehicle at the time of assignment. The certificate of title shall also contain on the
reverse side blank spaces so that an abstract of mileage as to each owner will be available.
The seller at the time of each sale shall insert the mileage on the form filed for application
or reassignment of title, and the division shall insert such mileage on the certificate of title
when issued to purchaser or assignee. The signature of the purchaser or assignee is required
on the form filed for application or reassignment of title, acknowledging the odometer
certification made by the seller, except that vehicles which are 10 model years or older and
trucks with a gross vehicle weight of more than 16,000 pounds shall be exempt from the
mileage acknowledgment requirement of the purchaser or assignee. Such title shall indicate
whether the vehicle for which it is issued has been titled previously as a nonhighway vehicle.
In addition, the reverse side shall contain two forms for reassignment by a dealer, stating
the liens or encumbrances thereon. The first form of reassignment shall be used only when
a dealer sells the vehicle to another dealer. The second form of reassignment shall be used
by a dealer when selling the vehicle to another dealer or the ultimate owner of the vehicle.
The reassignment by a dealer shall be used only where the dealer resells the vehicle, and
during the time that the vehicle remains in the dealer's possession for resale, the certificate
of title shall be dormant. When the ownership of any vehicle passes by operation of law, or
repossession upon default of a lease, security agreement, or executory sales contract, the
person owning such vehicle, upon furnishing satisfactory proof to the county treasurer of
such ownership, may procure a certificate of title to the vehicle. When a vehicle is registered
in another state and is repossessed in another state, the owner of such vehicle shall not be
entitled to obtain a valid Kansas title or registration, except that when a vehicle is registered
in another state, but is financed originally by a financial institution chartered in the state of
Kansas or when a financial institution chartered in Kansas purchases a pool of motor vehicle
loans from the resolution trust corporation or a federal regulatory agency, and the vehicle
is repossessed in another state, such Kansas financial institution shall be entitled to obtain
a valid Kansas title or registration. In addition to any other fee required for the issuance of a certificate of title, any applicant obtaining a certificate of title for a repossessed vehicle shall pay a fee of $3.
(3) Dealers shall execute, upon delivery to the purchaser of every new vehicle, a man-
ufacturer's statement of origin stating the liens and encumbrances thereon. Such statement
of origin shall be delivered to the purchaser at the time of delivery of the vehicle or at a
time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and holidays.
The agreement of the parties shall be executed on a form approved by the division. In the
event delivery of title cannot be made personally, the seller may deliver the manufacturer's
statement of origin by restricted mail to the address of purchaser shown on the purchase
agreement. The manufacturer's statement of origin may include an attachment containing
assignment of such statement of origin on forms approved by the division. Upon the pres-
entation to the division of a manufacturer's statement of origin, by a manufacturer or dealer
for a new vehicle, sold in this state, a certificate of title shall be issued if there is also an
application for registration, except that no application for registration shall be required for
a travel trailer used for living quarters and not operated on the highways.
(4) The fee for each original certificate of title shall be $7 until July 1, 1999, and $3.50
thereafter, in addition to the fee for registration of such vehicle, trailer or semitrailer. The
certificate of title shall be good for the life of the vehicle, trailer or semitrailer while owned
or held by the original holder of the certificate of title.
(5) Upon sale and delivery to the purchaser of every vehicle subject to a purchase money
security interest as defined in K.S.A. 84-9-107, and amendments thereto, the dealer or
secured party may complete a notice of security interest and when so completed, the pur-
chaser shall execute the notice, in a form prescribed by the division, describing the vehicle
and showing the name and address of the secured party and of the debtor and other infor-
mation the division requires. The dealer or secured party, within 15 days of the sale and
delivery, may mail or deliver the notice of security interest, together with a fee of $2.50, to
the division. The notice of security interest shall be retained by the division until it receives
an application for a certificate of title to the vehicle and a certificate of title is issued. The
certificate of title shall indicate any security interest in the vehicle. Upon issuance of the
certificate of title, the division shall mail or deliver confirmation of the receipt of the notice
of security interest, the date the certificate of title is issued and the security interest indi-
cated, to the secured party at the address shown on the notice of security interest. The
proper completion and timely mailing or delivery of a notice of security interest by a dealer
or secured party shall perfect a security interest in the vehicle described on the date of such
mailing or delivery. The county treasurers shall mail a copy of the title application to the
Kansas lienholder. Each county treasurer shall charge the Kansas lienholder a $1.50 service
fee for processing and mailing a copy of the title application to the Kansas lienholder.
(6) It shall be unlawful for any person to operate in this state a vehicle required to be
registered under this act, or to transfer the title to any such vehicle to any person or dealer,
unless a certificate of title has been issued as herein provided. In the event of a sale or
transfer of ownership of a vehicle for which a certificate of title has been issued, which
certificate of title is in the possession of the transferor at the time of delivery of the vehicle,
the holder of such certificate of title shall endorse on the same an assignment thereof, with
warranty of title in a form prescribed by the division and printed thereon and the transferor
shall deliver the same to the buyer at the time of delivery to the buyer of the vehicle or at
a time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and holidays,
after the time of delivery. The agreement of the parties shall be executed on a form provided
by the division. The requirements of this paragraph concerning delivery of an assigned title
are satisfied if the transferor mails to the transferee by restricted mail the assigned certificate
of title within the 30 days, and if the transferor is a dealer, as defined by K.S.A. 8-2401, and
amendments thereto, such transferor shall be deemed to have possession of the certificate
of title if the transferor has made application therefor to the division. The buyer shall then
present such assigned certificate of title to the division at the time of making application for
registration of such vehicle. A new certificate of title shall be issued to the buyer, upon
payment of the fee of $7 until July 1, 1999, and $3.50 thereafter. If such vehicle is sold to
a resident of another state or country, the dealer or person making the sale shall notify the
division of the sale and the division shall make notation thereof in the records of the division.
When a person acquires a security agreement on a vehicle subsequent to the issuance of
the original title on such vehicle, such person shall require the holder of the certificate of
title to surrender the same and sign an application for a mortgage title in form prescribed
by the division. Upon such surrender such person shall immediately deliver the certificate
of title, application, and a fee of $7 until July 1, 1999, and $3.50 thereafter, to the division.
Upon receipt thereof, the division shall issue a new certificate of title showing the liens or
encumbrances so created, but not more than two liens or encumbrances may be shown
upon a title. When a prior lienholder's name is removed from the title, there must be
satisfactory evidence presented to the division that the lien or encumbrance has been paid.
When the indebtedness to a lienholder, whose name is shown upon a title, is paid in full,
such lienholder within 10 days after written demand by restricted mail, shall furnish to the
holder of the title a release of lien or execute such a release in the space provided on the
title. For failure to comply with such a demand the lienholder shall be liable to the holder
of the title for $100 and also shall be liable for any loss caused to the holder by such failure.
When the indebtedness to a lienholder, whose name is shown upon a title, is collected in
full, such lienholder, within 30 days, shall furnish notice to the holder of title that such
indebtedness has been paid in full and that such title may be presented to the lienholder at
any time for release of lien.
(7) It shall be unlawful for any person to buy or sell in this state any vehicle required
to be registered, unless, at the time of delivery thereof or at a time agreed upon by the
parties, not to exceed 30 days, inclusive of weekends and holidays, after the time of delivery,
there shall pass between the parties a certificate of title with an assignment thereof. The
sale of a vehicle required to be registered under the laws of this state, without assignment
of the certificate of title, is fraudulent and void, unless the parties shall agree that the
certificate of title with assignment thereof shall pass between them at a time other than the
time of delivery, but within 30 days thereof. The requirements of this paragraph concerning
delivery of an assigned title shall be satisfied if (i) the seller mails to the purchaser by
restricted mail the assigned certificate of title within 30 days, or (ii) if the transferor is a
dealer, as defined by K.S.A. 8-2401, and amendments thereto, such seller shall be deemed
to have possession of the certificate of title if such seller has made application therefor to
the division, or (iii) if the transferor is a dealer and has assigned a title pursuant to paragraph
(9) of this subsection (c).
(8) In cases of sales under the order of a court of a vehicle required to be registered
under this act, the officer conducting such sale shall issue to the purchaser a certificate
naming the purchaser and reciting the facts of the sale, which certificate shall be prima facie
evidence of the ownership of such purchaser for the purpose of obtaining a certificate of
title to such motor vehicle and for registering the same. Any such purchaser shall be allowed
30 days, inclusive of weekends and holidays, from the date of sale to make application to
the division for a certificate of title and for the registering of such motor vehicle.
(9) Any dealer who has acquired a vehicle, the title for which was issued under the laws
of and in a state other than the state of Kansas, shall not be required to obtain a Kansas
certificate of title therefor during the time such vehicle remains in such dealer's possession
and at such dealer's place of business for the purpose of sale. The purchaser or transferee
shall present the assigned title to the division of vehicles when making application for a
certificate of title as provided in subsection (c)(1).
(10) Motor vehicles may be held and titled in transfer-on-death form.
(11) Notwithstanding the provisions of this act with respect to time requirements for delivery of a certificate of title, or manufacturer's statement of origin, as applicable, any person who chooses to reaffirm the sale in writing on a form approved by the division which advises them of their rights pursuant to paragraph (7) of subsection (c) and who has received and accepted assignment of the certificate of title or manufacturer's statement of origin for the vehicle in issue may not thereafter void or set aside the transaction with respect to the vehicle for the reason that a certificate of title or manufacturer's statement of origin was not timely delivered, and in such instances the sale of a vehicle shall not be deemed to be fraud- ulent and void for that reason alone.
Sec. 9. K.S.A. 1997 Supp. 8-142 is hereby amended to read as follows: 8-142. It shall
be unlawful for any person to commit any of the following acts and except as otherwise
provided, violation is subject to penalties provided in K.S.A. 8-149, and amendments thereto:
First: To operate, or for the owner thereof knowingly to permit the operation, upon a
highway of any vehicle, as defined in K.S.A. 8-126, and amendments thereto, which is not
registered, or for which a certificate of title has not been issued or which does not have
attached thereto and displayed thereon the license plate or plates assigned thereto by the
division for the current registration year, including any registration decal required to be
affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject
to the exemptions allowed in K.S.A. 8-135, 8-198 and 8-1751a, and amendments thereto.
Second: To display or cause or permit to be displayed, or to have in possession, any
registration receipt, certificate of title, registration license plate, registration decal, accessible
parking placard or accessible parking identification card knowing the same to be fictitious
or to have been canceled, revoked, suspended or altered. A violation of this part Second
shall constitute an unclassified misdemeanor punishable by a fine of not less than $100 and
forfeiture of the item. A mandatory court appearance shall be required of any person vio-
lating this part Second. This part Second shall not apply to the possession of: (a) Model year license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and amendments thereto; or (b) distinctive license plates allowed under section 4.
Third: To lend to or knowingly permit the use by one not entitled thereto any registration
receipt, certificate of title, registration license plate or registration decal issued to the person
so lending or permitting the use thereof.
Fourth: To fail or refuse to surrender to the division, upon demand, any registration
receipt, certificate of title, registration license plate or registration decal which has been
suspended, canceled or revoked.
Fifth: To use a false or fictitious name or address in any application for a certificate of
title, the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to
make a false statement or knowingly to conceal a material fact or otherwise commit a fraud
in any such application.
Sixth: For the owner of a motor vehicle to file application for the registration thereof, in
any county other than the county in which the owner of the vehicle resides or has a bona
fide place of business, which place is not an office or facility established or maintained solely
for the purpose of obtaining registration.
Seventh: To operate on the highways of this state a vehicle or combination of vehicles
whose weight with cargo is in excess of the gross weight for which the truck or truck tractor
propelling the same is registered, except as provided by K.S.A. 8-143, and amendments
thereto, and subsections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.
Such gross weight shall not be required to be in excess of the limitations described by K.S.A.
8-1908 and 8-1909, and amendments thereto, for such vehicle or combination of vehicles
of which it is a part. Any person or owner who operates a vehicle in this state with a
registration in violation of subsection (2) of K.S.A. 8-143, and amendments thereto, shall be
required to pay the additional fee equal to the fee required by the applicable registration
fee schedule, less the amount of the fee required for the gross weight for which the vehicle
is registered to obtain the proper registration therewith. A fine of $75 shall be assessed for
all such gross weight registration violations.
Eighth: To operate a local truck or truck tractor which is registered for a gross weight of
more than 12,000 pounds as a common or contract carrier outside a radius of three miles
beyond the corporate limits of the city in which such vehicle was based when registered
and licensed or to operate any other local truck or truck tractor licensed for a gross weight
of more than 12,000 pounds outside a radius of 25 miles beyond the corporate limits of the
city in which such vehicle was based when registered and licensed, except as provided in
subsection (2) of K.S.A. 8-143 or 8-143i, and amendments thereto.
Ninth: To operate on the highways of this state a farm truck or farm trailer other than to
transport: (a) Agricultural products produced by such owner; (b) commodities purchased
by the owner for use on the farm owned or rented by the owner of such vehicles; (c)
commodities for religious or educational institutions being transported by the owner of such
vehicles for charity and without compensation of any kind, except as provided in subsection
(c) of K.S.A. 66-1,109, and amendments thereto; or (d) sand, gravel, slag stone, limestone,
crushed stone, cinders, black top, dirt or fill material to a township road maintenance or
construction site of the township in which the owner of such truck resides.
Tenth: To operate a farm truck or truck tractor used in combination with a trailer or
semitrailer for a gross weight which does not include the empty weight of the truck or truck
tractor or of the combination of any truck or truck tractor and any type of trailer or semi-
trailer, plus the maximum weight of cargo which will be transported on or with the same;
and such farm truck or farm truck tractor used to transport a gross weight of more than
54,000 pounds shall have durably lettered on the side of the motor vehicle the words ``farm
vehicle--not for hire.''
Eleventh: To operate on the highways of this state any truck or truck tractor without the
current quarter of license fees being paid thereon.
Twelfth: To operate on the highways of this state a truck or truck tractor without carrying
in the cab a copy of the registration receipt for such vehicle or without having painted or
otherwise durably marked on said vehicle on both sides thereof, the gross weight for which
said vehicle is licensed and the name and address of the owner thereof, except as provided
in K.S.A. 8-143e, and amendments thereto.
Thirteenth: To operate on the highways of this state a farm trailer carrying more than
6,000 pounds without being registered and the registration fees paid thereon.
Fourteenth: To operate more than 6,000 miles in any calendar year any truck or truck
tractor which has been registered and licensed to operate not more than 6,000 miles in such
calendar year, as provided in subsection (2) of K.S.A. 8-143, and amendments thereto, unless
the additional fee required by said subsection (2) has been paid.
Fifteenth: For any owner who has registered a truck or truck tractor on the basis of
operating not more than 6,000 miles to fail to keep the records required by the director of
vehicles, or to fail to comply with rules and regulations of the secretary of revenue relating
to such registration.
Sixteenth: To operate a vehicle or combination of vehicles on the national system of
interstate and defense highways with a gross weight greater than permitted by the laws of
the United States Congress.
Sec. 10. K.S.A. 1997 Supp. 8-145 is hereby amended to read as follows: 8-145. (a) All
registration and certificates of title fees shall be paid to the county treasurer of the county
in which the applicant for registration resides or has an office or principal place of business
within this state, and the county treasurer shall issue a receipt in triplicate, on blanks fur-
nished by the division of vehicles, one copy of which shall be filed in the county treasurer's
office, one copy shall be delivered to the applicant and the original copy shall be forwarded
to the director of vehicles.
(b) The county treasurer shall deposit $.75 of each license application, $.75 out of each
application for transfer of license plate and $2 out of each application for a certificate of
title, collected by such treasurer under this act, in a special fund, which fund is hereby
appropriated for the use of the county treasurer in paying for necessary help and expenses
incidental to the administration of duties in accordance with the provisions of this law and
extra compensation to the county treasurer for the services performed in administering the
provisions of this act, which compensation shall be in addition to any other compensation
provided by any other law, except that the county treasurer shall receive as additional com-
pensation for administering the motor vehicle title and registration laws and fees, a sum
computed as follows: The county treasurer, during the month of December, shall determine
the amount to be retained for extra compensation not to exceed the following amounts each
year for calendar year 1990 or any calendar year thereafter: The sum of $60 per hundred
registrations for the first 5,000 registrations; the sum of $45 per hundred registrations for
the next 5,000 registrations; and the sum of $2 per hundred registrations for all registrations
thereafter. In no event, however, shall any county treasurer be entitled to receive more than
$9,800 additional annual compensation.
If more than one person shall hold the office of county treasurer during any one calendar
year, such compensation shall be prorated among such persons in proportion to the number
of weeks served. The total amount of compensation paid the treasurer together with the
amounts expended in paying for other necessary help and expenses incidental to the ad-
ministration of the duties of the county treasurer in accordance with the provisions of this
act, shall not exceed the amount deposited in such special fund. Any balance remaining in
such fund at the close of any calendar year shall be withdrawn and credited to the general
fund of the county prior to June 1 of the following calendar year.
(c) The county treasurer shall remit the remainder of all such fees collected, together
with the original copy of all applications, to the secretary of revenue. Except as provided in
subsection (d), all such fees remitted to the secretary of revenue shall be deposited with the
state treasurer and credited to the state highway fund.
(d) (1) On July 1, 1996, through June 30, 1997, $2.35 of each certificate of title fee collected and remitted to the secretary of revenue, shall be deposited with the state treasurer and credited to the Kansas highway patrol motor vehicle fund, and $1.15 of each certificate of title fee collected and remitted to the secretary of revenue, shall be deposited with the state treasurer and credited to the VIPS/CAMA technology hardware fund.
(2) (1) On July 1, 1997, through June 30, 1999, $2.50 of each certificate of title fee
collected and remitted to the secretary of revenue, shall be deposited with the state treasurer
and credited to the Kansas highway patrol motor vehicle fund, and, $1 of each certificate
of title fee collected and remitted to the secretary of revenue, shall be deposited with the
state treasurer and credited to the VIPS/CAMA technology hardware fund.
(2) For repossessed vehicles, $3 of each certificate of title fee collected and remitted to the secretary of revenue, shall be deposited with the state treasurer and credited to the repossessed certificates of title fee fund.'';
By renumbering sections accordingly;
Also on page 2, in line 42, by striking ``Any'' and inserting ``On and after January 1, 2000,
any'';
On page 4, in line 17, by striking ``The'' and inserting ``In addition to the fees required
under subsection (b) of K.S.A. 8-167, and amendments thereto, and subsection (a) or (c) of
this section, the''; by striking all in lines 19 through 28 and inserting the following:
``(c) On and after January 1, 2000, in lieu of the license plate issued under subsection
(a), a person who owns an antique vehicle who wants to display a model year license plate
on the vehicle shall make application in a manner prescribed by the director of vehicles,
including the execution of an affidavit setting forth that the model year license plate the
person wants to display on the person's antique vehicle is a legible and serviceable license
plate that originally was issued by this state. Such license plate shall be inscribed with the
date of the year corresponding to the model year when the vehicle was manufactured.
Duplicate numbers for any year shall not be allowed for any model year license plate under
the provisions of this subsection. The model year license plate fee shall be $40.
(d) In addition to the license plates authorized under subsection (a) or (c), a person who
owns an antique vehicle may display a model year license plate originally issued by the state
of Kansas on the front of an antique vehicle. Such license plate shall be inscribed with the
date of the year corresponding to the model year when the vehicle was manufactured.
Sec. 13. K.S.A. 1997 Supp. 8-1,146 is hereby amended to read as follows: 8-1,146. (a) On and after January 1, 1998, Any owner of one or more passenger vehicles or trucks of a
gross weight of 12,000 pounds or less, who is a resident of the state of Kansas, and who
submits satisfactory proof to the director of vehicles, in accordance with rules and regulations
adopted by the secretary of revenue, that such person has proof of having served and is
designated as a veteran, and has had an honorable discharge from the United States army,
navy, air force, marine corps or, coast guard or merchant marines, upon compliance with
the provisions of this section, may be issued one distinctive license plate for each such
passenger vehicle or truck designating such person as an United States military veteran.
Such license plates shall be issued for the same period of time as other license plates upon
proper registration and payment of the regular license fee as provided in K.S.A. 8-143, and
amendments thereto.
(b) Any person who is a veteran of the United States army, navy, air force, marine corps or, coast guard or merchant marines may make application for such distinctive license plates,
not less than 60 days prior to such person's renewal of registration date, on a form prescribed
and furnished by the director of vehicles, and any applicant for the distinctive license plates
shall furnish the director with proof as the director shall require that the applicant is a
veteran of the United States army, navy, air force, marine corps or, coast guard or merchant marines. Application for the registration of a passenger vehicle or truck and issuance of the
license plates under this section shall be made by the owner in a manner prescribed by the
director of vehicles upon forms furnished by the director.
(c) No registration of distinctive license plates issued under the authority of this section
shall be transferable to any other person.
(d) Renewals of registration under this section shall be made annually, upon payment
of the fee prescribed in subsection (a), in the manner prescribed in subsection (b) of K.S.A.
8-132, and amendments thereto. No renewal of registration shall be made to any applicant
until such applicant has filed with the director a form as provided in subsection (b). If such
form is not filed, the applicant shall be required to comply with K.S.A. 8-143, and amend-
ments thereto, and return the distinctive license plates to the county treasurer of such
person's residence.
Sec. 14. K.S.A. 8-116a, 8-133 and 8-172 and K.S.A. 1997 Supp. 8-135, 8-142, 8-145, 8-
170 and 8-1,146 are hereby repealed.'';
By renumbering sections accordingly;
Also on page 4, in line 29, preceding ``K.S.A.'' by inserting ``On and after January 1, 1999,'';
also in line 29, by striking all following ``79-5105a''; in line 30, by striking ``8-170''; in line
35, by striking ``January 1, 1999, and'';
In the title, in line 13, preceding ``79-5105a'' by inserting ``8-116a, 8-133, 8-172 and''; also
in line 13, by striking ``and 8-172''; in line 14, by striking ``8-170'' and inserting ``8-135, 8-
142, 8-145, 8-170 and 8-1,146'';
And your committee on conference recommends the adoption of this report.
Gary K. Hayzlett
Andrew Howell
Herman Dillon
Conferees on part of House
Ben Vidrickson
Nick Jordan
Mark Gilstrap Conferees on part of Senate
On motion of Rep. Hayzlett, the conference committee report on H. Sub. for Sub. SB 139 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 556, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 4, by striking all in lines 5 through 17;
By renumbering sections accordingly;
And your committee on conference recommends the adoption of this report.
Kent Glasscock
Larry L. Campbell
Gwen Welshimer
Conferees on part of House
Janice Hardenburger
Rich Becker
Janis K. Lee Conferees on part of Senate
On motion of Rep. Glasscock, the conference committee report on SB 556 was adopted.
On roll call, the vote was: Yeas 107; Nays 17; Present but not voting: 0; Absent or not
voting: 1.
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2678, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 1, by striking all in lines 27 through 43;
By striking all on pages 2 through 10;
On page 11, by striking all in lines 1 through 36; in line 37, by striking ``Sec. 5.'' and
inserting ``Section 1.'';
By renumbering the remaining sections accordingly;
On page 13, in line 25, by striking all following ``Supp.'';
In the title, by striking all in lines 21 through 24 and inserting:
``AN ACT concerning the Kansas commission on veterans affairs; relating to location of
such commission's meetings; concerning reductions in certain positions based on retire-
ments; amending K.S.A. 75-6801 and K.S.A. 1997 Supp. 73-1208b and repealing the existing
sections.'';
And your committee on conference recommends the adoption of this report.
Ben Vidrickson
Larry D. Salmans
Mark Gilstrap
Conferees on part of Senate
Gary K. Hayzlett
Andrew Howell
Herman Dillon Conferees on part of House
On motion of Rep. Hayzlett, the conference committee report on HB 2678 was adopted.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2724, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 3, in line 11, preceding ``coronal'' by inserting ``(A)''; in line 12, preceding the
period, by inserting: ``and (B) coronal scale teeth as long as such procedure is not performed
on a patient who has undergone local or general anesthesia at the time of the procedure, is
undertaken by a nonlicensed person who has successfully completed necessary training for
performing such dental procedure in a course of study approved by the board, which course
of study is consistent with American dental association accreditation standards and includes
but is not limited to adequate instruction on scaling the teeth and recognition of periodontal
disease, is undertaken by a person who has met the experience requirements for performing
such procedures as established by the board and such procedure is performed prior to July
1, 2001. The provisions of this part (B) of subsection (h)(5) shall expire on July 1, 2001'';
On page 4, in line 32, by inserting a quote mark preceding ``Direct'';
On page 6, in line 11, by striking ``and'' and inserting a comma; in line 12, after ``regents''
by inserting ``and the Kansas dental board'';
On page 10, in line 20, after ``(c)'' by inserting: ``Upon the effective date of this act, in
order to expand the membership to the prescribed six dentists and two dental hygienists,
the governor shall appoint three additional dentists and one additional hygienist to the board
in the manner described in this section. Of the three new dental members, one shall serve
until April 30, 2000, one shall serve until April 30, 2001 and one shall serve until April 30,
2002, as designated by the governor. Thereafter, all terms shall be four-year terms beginning
May 1 of the appointment year and expiring April 30 four years later. When the terms of
the existing dentist members which expire May 1, 2000, and May 1, 2001 conclude, then
successors' shall be appointed for four year terms beginning May 1 and expiring April 30
four years later. The additional dental hygienist appointed upon the effective date of this
act shall serve until April 30, 2002, and thereafter the successor shall serve a four-year term
beginning May 1 and expiring April 30 four years later.'';
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Janice Hardenburger
Chris Steineger
Conferees on part of Senate
Carlos Mayans
Tony Powell
Jerry Henry Conferees on part of House
On motion of Rep. Mayans to adopt the conference committee report on HB 2724, Rep.
Adkins offered a substitute motion to not adopt the conference committee report and asked
that a new conference committee be appointed. The substitute motion prevailed.
Speaker pro tem Wagle thereupon appointed Reps. Mayans, Powell and Henry as second
conferees on the part of the House.
CONFERENCE COMMITTEE REPORT
Mr. President and [Mr. Speaker: Your committee on conference on Senate amendments to HB 2806, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 4, by striking all in lines 12 through 16; in line 17, by striking ``(6)'' and inserting
``(5)'';
And your committee on conference recommends the adoption of this report.
Tim Emert
Keith Schraad
Paul Feleciano, Jr.
Conferees on part of Senate
Kent Glasscock
Gwen Welshimer
Ted Powers Conferees on part of House
On motion of Rep. Glasscock to adopt the conference committee report on HB 2806,
Rep. Klein offered a substitute motion to not adopt the conference committee report and
asked that a new conference committee be appointed. The substitute motion prevailed.
Speaker pro tem Wagle thereupon appointed Reps. Glasscock, Powers and Welshimer as
second conferees on the part of the House.
PERSONAL PRIVILEGE
Rep. Jennison announced to the members of the House that Rep. Steve Lloyd passed
away today. A moment of silence was observed in his memory.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2877, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:
On page 6, after line 2, by inserting the following:
``New Sec. 8. Notwithstanding any provision to the contrary in K.S.A. 72-4314b, and
amendments thereto, the occupational center of central Kansas, inc., is hereby released
from any obligation to deed or convey to the state of Kansas any part of the property acquired
by quitclaim deed dated October 4, 1969, and recorded in the office of the register of deeds,
Saline county, Kansas, Deed Book 284, pages 346-348, between the state of Kansas, grantor,
and the occupational center of central Kansas, inc., grantee, described as follows: The east
668.5 feet of block 8 of Schilling Subdivision to the City of Salina, Saline County, Kansas,
more particularly described as follows: Beginning at a point 255.29 feet west and 48.11 feet
north of the southeast corner of section 34, township 14 south, range 3 west of the 6th
principal meridian in Saline County, Kansas; thence north on a line parallel to the centerline
of Centennial Road, a distance of 642 feet; thence west, on a line perpendicular to the
centerline of Centennial Road, a distance of 668.5 feet; thence south, on a line parallel to
the centerline of Centennial Road, a distance of 642 feet; thence east, on a line parallel to
the north line of said tract, a distance of 668.5 feet to the point of beginning; the same
containing approximately 9.852 acres of land and the buildings and improvements thereon.
The occupational center of central Kansas, inc., is hereby authorized to amend its articles
of incorporation to remove any provision that the property described in this section shall be
deeded to the state of Kansas in the event that such corporation should dissolve or discon-
tinue the activities for which it was originally incorporated. A copy of the articles of incor-
poration of the occupational center of central Kansas, inc., showing such amendment may
be recorded in the office of the register of deeds of Saline county, Kansas. The occupational
center of central Kansas, inc., is further hereby authorized to resell, lease, mortgage or
otherwise dispose of such property, and any improvements thereon, or any part thereof at
such time and in such manner as the occupational center of central Kansas, inc., may de-
termine.'';
And by renumbering sections accordingly;
Also on page 6, in line 5, by striking ``statute book'' and inserting ``Kansas register'';
On page 1, in the title, in line 17, before ``amending'' by inserting: ``relating to certain
real property in Salina, Kansas;'';
And your committee on conference recommends the adoption of this report.
Dave Kerr
Alicia L. Salisbury
Marge Petty
Conferees on part of Senate
Phil Kline
Mike Farmer
Henry Helgerson, Jr. Conferees on part of House
On motion of Rep. Phil Kline, the conference committee report on HB 2877 was
adopted.
On roll call, the vote was: Yeas 118; Nays 1; Present but not voting: 0; Absent or not
voting: 5.