The Senate was called to order by Vice-President Alicia Salisbury.
The roll was called with thirty-nine senators present.
Senator Praeger was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
This week we soon discovered
The subject of all the talk
Revolved around the question,
``What happened to the Hawks?''
I know some folks are saying,
``What has basketball
Got to do with anything
When on God we call?''
At this point in time . . . . . . . . . .
Folks aren't talking much about
The bills we pass up here.
The topic of conversation is,
``Will Pierce be back next year?''
Lots of our constituents
Think we're in Washington,
But everyone is well aware
Where LaFrentz and Pierce are from.
Because both young and old
Follow basketball,
HOW the players play the game
Matters to us all.
These young men are held in awe
By boys who'll soon be men.
It's important how the players act
Whether they lose or win.
So we pray for Coach and all the team;
Help them to recall
They also represent us
While playing basketball.
I pray in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 689, An act concerning the Kansas commission on veterans affairs; relating to location
of such commission's meetings; concerning duties of the superintendents of Kansas soldiers'
and veterans' homes; relating to reductions in certain positions based on retirements; amend-
ing K.S.A. 75-6801, 76-1904 and 76-1951 and K.S.A. 1997 Supp. 73-1208b and repealing
the existing sections, by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce: HB 2754.
Ways and Means: SB 688.
MESSAGE FROM THE GOVERNOR
SB 111, 122, 429 approved on March 18, 1998.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2876.
Also, passage of SB 474, 504.
Passage of SB 198, as amended, 449, as amended, 485, as amended.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2876 was thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Emert the Senate nonconcurred in the House amendments to SB 435 and requested a conference committee be appointed.
The Vice-President appointed Senators Emert, Oleen and Goodwin as a conference com-
mittee on the part of the Senate.
On motion of Senator Vidricksen the Senate nonconcurred in the House amendments to SB 488 and requested a conference committee be appointed.
The Vice-President appointed Senators Vidricksen, Jordan and Gilstrap as a conference
committee on the part of the Senate.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 108 be amended on page
1, in line 14, by striking ``1996 Supp.''; in line 17, by striking ``February 16'' and inserting
``January 1''; in line 18, by striking ``between'' and inserting ``on or before''; also, in line 18,
by striking ``and 25''; in line 21, by striking ``February 16'' and inserting ``January 1''; in line
22, by striking ``clerk'' and inserting ``treasurer''; also, in line 22, by striking ``between'' and
inserting ``on or before''; in line 23, by striking ``and 15''; in line 26, by striking ``clerk'' and
inserting ``treasurer''; in line 34, by striking ``30'' and inserting ``14''; in line 38, before
``sheriff's'' by inserting ``costs of executing the warrant and the''; in line 40, by striking all
after the period; by striking all in lines 41 and 42; in line 43, by striking all before ``Such'';
On page 2, in line 5, after ``sheriff'' by inserting ``or county treasurer''; in line 9, by striking
all after ``or''; in line 10, by striking ``in such lease''; in line 16, by striking ``this''; in line 17,
by striking ``paragraph'' and inserting ``K.S.A. 79-329 through 79-334, and amendments
thereto''; in line 19, by striking ``the sheriff collects'' and inserting ``collecting''; in line 27,
before the period by inserting ``of executing the warrant''; in line 28, by striking ``of the
unpaid taxes'';
On page 3, in line 4, after ``costs'' by inserting ``of executing the warrant''; after line 19,
by inserting a new section to read as follows:
``Sec. 2. K.S.A. 1997 Supp. 19-101a is hereby amended to read as follows: 19-101a. (a)
The board of county commissioners may transact all county business and perform all powers
of local legislation and administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature which apply uniformly to all
counties.
(2) Counties may not consolidate or alter county boundaries.
(3) Counties may not affect the courts located therein.
(4) Counties shall be subject to acts of the legislature prescribing limits of indebtedness.
(5) In the exercise of powers of local legislation and administration authorized under
provisions of this section, the home rule power conferred on cities to determine their local
affairs and government shall not be superseded or impaired without the consent of the
governing body of each city within a county which may be affected.
(6) Counties may not legislate on social welfare administered under state law enacted
pursuant to or in conformity with public law No. 271--74th congress, or amendments
thereof.
(7) Counties shall be subject to all acts of the legislature concerning elections, election
commissioners and officers and their duties as such officers and the election of county
officers.
(8) Counties shall be subject to the limitations and prohibitions imposed under K.S.A.
12-187 to 12-195, inclusive, and amendments thereto, prescribing limitations upon the levy
of retailers' sales taxes by counties.
(9) Counties may not exempt from or effect changes in statutes made nonuniform in
application solely by reason of authorizing exceptions for counties having adopted a charter
for county government.
(10) No county may levy ad valorem taxes under the authority of this section upon real
property located within any redevelopment area established under the authority of K.S.A.
12-1772, and amendments thereto, unless the resolution authorizing the same specifically
authorized a portion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-1774, and amendments
thereto.
(11) Counties shall have no power under this section to exempt from any statute au-
thorizing or requiring the levy of taxes and providing substitute and additional provisions
on the same subject, unless the resolution authorizing the same specifically provides for a
portion of the proceeds of such levy to be used to pay a portion of the principal and interest
on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.
(12) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4601 to 19-4625, inclusive, and amendments thereto.
(13) Except as otherwise specifically authorized by K.S.A. 12-1,101 to 12-1,109, inclu-
sive, and amendments thereto, counties may not levy and collect taxes on incomes from
whatever source derived.
(14) Counties may not exempt from or effect changes in K.S.A. 19-430, and amend-
ments thereto. Any charter resolution adopted by a county prior to July 1, 1983, exempting
from or effecting changes in K.S.A. 19-430, and amendments thereto, is null and void.
(15) Counties may not exempt from or effect changes in K.S.A. 19-302, 19-502b, 19-
503, 19-805 or 19-1202, and amendments thereto.
(16) Counties may not exempt from or effect changes in K.S.A. 13-13a26, and amend-
ments thereto. Any charter resolution adopted by a county, prior to the effective date of
this act, exempting from or effecting changes in K.S.A. 13-13a26, and amendments thereto,
is null and void.
(17) Counties may not exempt from or effect changes in K.S.A. 71-301, and amend-
ments thereto. Any charter resolution adopted by a county, prior to the effective date of
this act, exempting from or effecting changes in K.S.A. 71-301, and amendments thereto,
is null and void.
(18) Counties may not exempt from or effect changes in K.S.A. 19-15,139, 19-15,140
and 19-15,141, and amendments thereto. Any charter resolution adopted by a county prior
to the effective date of this act, exempting from or effecting changes in such sections is null
and void.
(19) Counties may not exempt from or effect changes in the provisions of K.S.A. 12-
1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-1226, and amendments thereto, or
the provisions of K.S.A. 1997 Supp. 12-1260 to 12-1270, inclusive, and amendments thereto,
and 12-1276, and amendments thereto.
(20) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
211, and amendments thereto.
(21) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4001 to 19-4015, inclusive, and amendments thereto.
(22) Counties may not regulate the production or drilling of any oil or gas well in any
manner which would result in the duplication of regulation by the state corporation com-
mission and the Kansas department of health and environment pursuant to chapter 55 and
chapter 65 of the Kansas Statutes Annotated and any rules and regulations adopted pursuant
thereto. Counties may not require any license or permit for the drilling or production of oil
and gas wells. Counties may not impose any fee or charge for the drilling or production of
any oil or gas well.
(23) Counties may not exempt from or effect changes in K.S.A. 79-41a04, and amend-
ments thereto.
(24) Counties may not exempt from or effect changes in K.S.A. 1997 Supp. 79-1611,
and amendments thereto.
(25) Counties may not exempt from or effect changes in K.S.A. 1997 Supp. 79-1494,
and amendments thereto.
(26) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
202, and amendments thereto.
(27) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
204, and amendments thereto.
(28) Counties may not exempt from or effect changes in K.S.A. 79-2017 or 79-2101, and amendments thereto. Any charter resolution adopted prior to the effective date of this act, which affected the provisions of K.S.A. 79-2017 or 79-2101, and amendments thereto, is hereby declared to be null and void.
(b) Counties shall apply the powers of local legislation granted in subsection (a) by
resolution of the board of county commissioners. If no statutory authority exists for such
local legislation other than that set forth in subsection (a) and the local legislation proposed
under the authority of such subsection is not contrary to any act of the legislature, such
local legislation shall become effective upon passage of a resolution of the board and pub-
lication in the official county newspaper. If the legislation proposed by the board under
authority of subsection (a) is contrary to an act of the legislature which is applicable to the
particular county but not uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in K.S.A. 19-101b, and
amendments thereto.'';
By renumbering existing sections accordingly;
Also, on page 3, in line 20, by striking ``1996 Supp. 79-2101 is'' and inserting ``79-2101
and K.S.A. 1997 Supp. 19-101a are'';
In the title, in line 9, by striking ``oil and gas'' and inserting ``personal''; in line 10, by
striking ``1996 Supp.''; also, in line 10, before ``and'' by inserting ``and K.S.A. 1997 Supp.
19-101a''; in line 11, by striking ``section'' and inserting sections'' and the bill be passed as
amended.
Also HB 2584 be amended on page 1, after line 13, by inserting three new sections to
read as follows:
``Section 1. K.S.A. 1997 Supp. 12-187, as amended by section 1 of 1998 House Bill No.
2707, is hereby amended to read as follows: 12-187. (a) (1) No city shall impose a retailers'
sales tax under the provisions of this act without the governing body of such city having first
submitted such proposition to and having received the approval of a majority of the electors
of the city voting thereon at an election called and held therefor. The governing body of
any city may submit the question of imposing a retailers' sales tax and the governing body
shall be required to submit the question upon submission of a petition signed by electors
of such city equal in number to not less than 10% of the electors of such city.
(2) The governing body of any class B city located in any county which does not impose
a countywide retailers' sales tax pursuant to paragraph (5) of subsection (b) may submit the
question of imposing a retailers' sales tax at the rate of .25%, .5%, .75% or 1% and pledging
the revenue received therefrom for the purpose of financing the provision of health care
services, as enumerated in the question, to the electors at an election called and held
thereon. The tax imposed pursuant to this paragraph shall be deemed to be in addition to
the rate limitations prescribed in K.S.A. 12-189, and amendments thereto. As used in this
paragraph, health care services shall include but not be limited to the following: Local health
departments, city, county or district hospitals, city or county nursing homes, preventive
health care services including immunizations, prenatal care and the postponement of entry
into nursing homes by home health care services, mental health services, indigent health
care, physician or health care worker recruitment, health education, emergency medical
services, rural health clinics, integration of health care services, home health services and
rural health networks.
(b) (1) The board of county commissioners of any county may submit the question of
imposing a countywide retailers' sales tax to the electors at an election called and held
thereon, and any such board shall be required to submit the question upon submission of
a petition signed by electors of such county equal in number to not less than 10% of the
electors of such county who voted at the last preceding general election for the office of
secretary of state, or upon receiving resolutions requesting such an election passed by not
less than 2/3 of the membership of the governing body of each of one or more cities within
such county which contains a population of not less than 25% of the entire population of
the county, or upon receiving resolutions requesting such an election passed by 2/3 of the
membership of the governing body of each of one or more taxing subdivisions within such
county which levy not less than 25% of the property taxes levied by all taxing subdivisions
within the county.
(2) The board of county commissioners of Atchison, Barton, Butler, Cowley, Cherokee,
Crawford, Jefferson, Lyon, Montgomery, Ottawa, Riley, Saline, Seward and Wyandotte
counties may submit the question of imposing a countywide retailers' sales tax and pledging
the revenue received therefrom for the purpose of financing the construction or remodeling
of a courthouse, jail, law enforcement center facility or other county administrative facility,
to the electors at an election called and held thereon. The tax imposed pursuant to this
paragraph shall expire when sales tax sufficient to pay all of the costs incurred in the fi-
nancing of such facility has been collected by retailers as determined by the secretary of
revenue. Nothing in this paragraph shall be construed to allow the rate of tax imposed by
Butler, Cowley, Lyon, Montgomery or Riley county pursuant to this paragraph to exceed
or be imposed at any rate other than the rates prescribed in K.S.A. 12-189, and amendments
thereto.
(3) (A) Except as otherwise provided in this paragraph, the result of the election held
on November 8, 1988, on the question submitted by the board of county commissioners of
Jackson county for the purpose of increasing its countywide retailers' sales tax by 1% is
hereby declared valid, and the revenue received therefrom by the county shall be expended
solely for the purpose of financing the Banner Creek reservoir project. The tax imposed
pursuant to this paragraph shall take effect on the effective date of this act and shall expire
not later than five years after such date.
(B) The result of the election held on November 8, 1994, on the question submitted by
the board of county commissioners of Ottawa county for the purpose of increasing its coun-
tywide retailers' sales tax by 1% is hereby declared valid, and the revenue received therefrom
by the county shall be expended solely for the purpose of financing the erection, construction
and furnishing of a law enforcement center and jail facility.
(4) The board of county commissioners of Finney and Ford counties may submit the
question of imposing a countywide retailers' sales tax at the rate of .25% and pledging the
revenue received therefrom for the purpose of financing all or any portion of the cost to be
paid by Finney or Ford county for construction of highway projects identified as system
enhancements under the provisions of paragraph (5) of subsection (b) of K.S.A. 68-2314,
and amendments thereto, to the electors at an election called and held thereon. Such elec-
tion shall be called and held in the manner provided by the general bond law. The tax
imposed pursuant to this paragraph shall expire upon the payment of all costs authorized
pursuant to this paragraph in the financing of such highway projects. Nothing in this para-
graph shall be construed to allow the rate of tax imposed by Finney or Ford county pursuant
to this paragraph to exceed the maximum rate prescribed in K.S.A. 12-189, and amendments
thereto. If any funds remain upon the payment of all costs authorized pursuant to this
paragraph in the financing of such highway projects in Finney county, the state treasurer
shall remit such funds to the treasurer of Finney county and upon receipt of such moneys
shall be deposited to the credit of the county road and bridge fund. If any funds remain
upon the payment of all costs authorized pursuant to this paragraph in the financing of such
highway projects in Ford county, the state treasurer shall remit such funds to the treasurer
of Ford county and upon receipt of such moneys shall be deposited to the credit of the
county road and bridge fund.
(5) The board of county commissioners of any county may submit the question of im-
posing a retailers' sales tax at the rate of .25%, .5%, .75% or 1% and pledging the revenue
received therefrom for the purpose of financing the provision of health care services, as
enumerated in the question, to the electors at an election called and held thereon. Whenever
any county imposes a tax pursuant to this paragraph, any tax imposed pursuant to paragraph
(2) of subsection (a) by any city located in such county shall expire upon the effective date
of the imposition of the countywide tax, and thereafter the state treasurer shall remit to
each such city that portion of the countywide tax revenue collected by retailers within such
city as certified by the director of taxation. The tax imposed pursuant to this paragraph shall
be deemed to be in addition to the rate limitations prescribed in K.S.A. 12-189, and amend-
ments thereto. As used in this paragraph, health care services shall include but not be limited
to the following: Local health departments, city or county hospitals, city or county nursing
homes, preventive health care services including immunizations, prenatal care and the post-
ponement of entry into nursing homes by home care services, mental health services, in-
digent health care, physician or health care worker recruitment, health education, emer-
gency medical services, rural health clinics, integration of health care services, home health
services and rural health networks.
(6) The board of county commissioners of Allen county may submit the question of
imposing a countywide retailers' sales tax at the rate of .5% and pledging the revenue
received therefrom for the purpose of financing the costs of operation and construction of
a solid waste disposal area or the modification of an existing landfill to comply with federal
regulations to the electors at an election called and held thereon. The tax imposed pursuant
to this paragraph shall expire upon the payment of all costs incurred in the financing of the
project undertaken. Nothing in this paragraph shall be construed to allow the rate of tax
imposed by Allen county pursuant to this paragraph to exceed or be imposed at any rate
other than the rates prescribed in K.S.A. 12-189 and amendments thereto.
(7) The board of county commissioners of Dickinson county may submit the question
of imposing a countywide retailers' sales tax at the rate of .25% .50% and pledging the
revenue received therefrom for the purpose of financing the costs of renovating a building owned by the county to be used for community purposes roadway construction and im- provement to the electors at an election called and held thereon. The tax imposed pursuant
to this paragraph shall expire after three five years from the date such tax is first collected.
(8) The board of county commissioners of Sherman county may submit the question of imposing a countywide retailers' sales tax at the rate of .25%, .5% or .75% and pledging the revenue therefrom for the purpose of financing the costs of the county roads 64 and 65 construction and improvement project. The tax imposed pursuant to this paragraph shall expire upon payment of all costs authorized pursuant to this paragraph in the financing of such project.
(c) The boards of county commissioners of any two or more contiguous counties, upon
adoption of a joint resolution by such boards, may submit the question of imposing a re-
tailers' sales tax within such counties to the electors of such counties at an election called
and held thereon and such boards of any two or more contiguous counties shall be required
to submit such question upon submission of a petition in each of such counties, signed by
a number of electors of each of such counties where submitted equal in number to not less
than 10% of the electors of each of such counties who voted at the last preceding general
election for the office of secretary of state, or upon receiving resolutions requesting such
an election passed by not less than 2/3 of the membership of the governing body of each of
one or more cities within each of such counties which contains a population of not less than
25% of the entire population of each of such counties, or upon receiving resolutions re-
questing such an election passed by 2/3 of the membership of the governing body of each of
one or more taxing subdivisions within each of such counties which levy not less than 25%
of the property taxes levied by all taxing subdivisions within each of such counties.
(d) Any city retailers' sales tax in the amount of .5% being levied by a city on July 1,
1990, shall continue in effect until repealed in the manner provided herein for the adoption
and approval of such tax or until repealed by the adoption of an ordinance so providing. In
addition to any city retailers' sales tax being levied by a city on July 1, 1990, any such city
may adopt an additional city retailers' sales tax in the amount of .25% or .5%, provided that
such additional tax is adopted and approved in the manner provided for the adoption and
approval of a city retailers' sales tax. Any countywide retailers' sales tax in the amount of
.5% or 1% in effect on July 1, 1990, shall continue in effect until repealed in the manner
provided herein for the adoption and approval of such tax.
(e) A class B city shall have the same power to levy and collect a city retailers' sales tax that a class A city is authorized to levy and collect and in addition, in 1990, 1991 or 1992, the governing body of any class B city may submit the question of imposing an additional city retailers' sales tax in an amount not to exceed 1% and pledging the revenue received therefrom for flood control projects to the electors at an election called and held thereon. Any additional sales tax imposed pursuant to this paragraph shall expire upon the payment of all costs incurred in financing such flood control projects.
(f) (e) A class D city shall have the same power to levy and collect a city retailers' sales
tax that a class A city is authorized to levy and collect and in addition, the governing body
of any class D city may submit the question of imposing an additional city retailers' sales
tax in the amount of .125%, .25%, .5% or .75% and pledging the revenue received therefrom
for economic development initiatives, strategic planning initiatives or for public infrastruc-
ture projects including buildings to the electors at an election called and held thereon. Any
additional sales tax imposed pursuant to this paragraph shall expire no later than five years
from the date of imposition thereof.
(g) (f) Any city or county proposing to adopt a retailers' sales tax shall give notice of its
intention to submit such proposition for approval by the electors in the manner required by
K.S.A. 10-120, and amendments thereto. The notices shall state the time of the election and
the rate and effective date of the proposed tax. If a majority of the electors voting thereon
at such election fail to approve the proposition, such proposition may be resubmitted under
the conditions and in the manner provided in this act for submission of the proposition. If
a majority of the electors voting thereon at such election shall approve the levying of such
tax, the governing body of any such city or county shall provide by ordinance or resolution,
as the case may be, for the levy of the tax. Any repeal of such tax or any reduction or increase
in the rate thereof, within the limits prescribed by K.S.A. 12-189, and amendments thereto,
shall be accomplished in the manner provided herein for the adoption and approval of such
tax except that the repeal of any such city retailers' sales tax may be accomplished by the
adoption of an ordinance so providing.
(h) (g) The sufficiency of the number of signers of any petition filed under this section
shall be determined by the county election officer. Every election held under this act shall
be conducted by the county election officer.
(i) (h) The governing body of the city or county proposing to levy any retailers' sales tax
shall specify the purpose or purposes for which the revenue would be used, and a statement
generally describing such purpose or purposes shall be included as a part of the ballot
proposition.
Sec. 2. K.S.A. 1997 Supp. 12-188 is hereby amended to read as follows: 12-188. The
following classes of cities are hereby established for the purpose of imposing limitations and
prohibitions upon the levying of sales and excise taxes or taxes in the nature of an excise
upon sales or transfers of personal or real property or the use thereof, or the rendering or
furnishing of services by cities as authorized and provided by article 12, section 5, of the
constitution of the state of Kansas:
Class A cities. All cities in the state of Kansas which have the authority to levy and collect
excise taxes or taxes in the nature of an excise upon the sales or transfers of personal or real
property or the use thereof, or the rendering or furnishing of services by cities.
Class B cities. All cities in the state of Kansas having a population of more than 1,000 but less than 2,000 located in a county having a population of more than 150,000 but less than 175,000 which has the authority to levy and collect excise taxes or taxes in the nature of an excise upon the sales or transfers of personal or real property or the use thereof, or the rendering or furnishing of services which have the authority to levy and collect excise taxes or taxes in the nature of an excise upon the sales or transfers of personal or real property or the use thereof, or the rendering or furnishing of services for the purpose of financing the provision of health care services.
Class C cities. All cities in the state of Kansas having a population of more than 290,000
located in a county having a population of more than 350,000 which has the authority to
levy and collect excise taxes or taxes in the nature of an excise upon the sales or transfers
of personal or real property or the use thereof, or the rendering or furnishing of services.
Class D cities. All cities in the state of Kansas located in Cowley, Ellis, Ellsworth, Labette
or Montgomery county or in both Riley and Pottawatomie counties and Overland Park
which have the authority to levy and collect excise taxes or taxes in the nature of an excise
upon the sales or transfers of personal or real property or the use thereof, or the rendering
or furnishing of services.
Sec. 3. K.S.A. 1997 Supp. 12-189, as amended by section 2 of 1998 House Bill No.
2707, is hereby amended to read as follows: 12-189. Except as otherwise provided by par-
agraph (2) of subsection (a) of K.S.A. 12-187, and amendments thereto, the rate of any class
A, class B or class C city retailers' sales tax shall be fixed in the amount of .25%, .5%, .75%
or 1% which amount shall be determined by the governing body of the city. Except as otherwise provided by paragraph (2) of subsection (a) of K.S.A. 12-187, and amendments thereto, the rate of any class B city retailers' sales tax shall be fixed in the amount of .25%, .5%, .75%, 1%, 1.25%, 1.5%, 1.75% or 2%. Except as otherwise provided by paragraph (2)
of subsection (a) of K.S.A. 12-187, and amendments thereto, the rate of any class D city
retailers' sales tax shall be fixed in the amount of .25%, .5%, .75%, 1%, 1.125%, 1.25%,
1.5% or 1.75%. The rate of any countywide retailers' sales tax shall be fixed in an amount
of either .25%, .5%, .75% or 1% which amount shall be determined by the board of county
commissioners, except that:
(a) The board of county commissioners of Cherokee, Crawford, Saline, Seward or Wy-
andotte county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and
amendments thereto, may fix such rate at 1.5%, the board of county commissioners of
Atchison county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and
amendments thereto, may fix such rate at 1.5% or 1.75% and the board of county commis-
sioners of Barton, Jefferson or Ottawa county, for the purposes of paragraph (2) of subsec-
tion (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2%;
(b) the board of county commissioners of Jackson county, for the purposes of paragraph
(3) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2%;
(c) the boards of county commissioners of Finney and Ford counties, for the purposes
of paragraph (4) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such
rate at .25%;
(d) the board of county commissioners of any county for the purposes of paragraph (5)
of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at a per-
centage which is equal to the sum of the rate allowed to be imposed by a board of county
commissioners on the effective date of this act plus .25%, .5%, .75% or 1%, as the case
requires; or
(e) the board of county commissioners of Dickinson county, for the purposes of para-
graph (7) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.25%. 1.5%; or
(f) the board of county commissioners of Sherman county, for the purposes of paragraph (8) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at l.5%, 1.75% or 2%.
Any county or city levying a retailers' sales tax is hereby prohibited from administering
or collecting such tax locally, but shall utilize the services of the state department of revenue
to administer, enforce and collect such tax. Except as otherwise specifically provided in
K.S.A. 12-189a, and amendments thereto, such tax shall be identical in its application, and
exemptions therefrom, to the Kansas retailers' sales tax act and all laws and administrative
rules and regulations of the state department of revenue relating to the Kansas retailers'
sales tax shall apply to such local sales tax insofar as such laws and rules and regulations may
be made applicable. The state director of taxation is hereby authorized to administer, enforce
and collect such local sales taxes and to adopt such rules and regulations as may be necessary
for the efficient and effective administration and enforcement thereof.
Upon receipt of a certified copy of an ordinance or resolution authorizing the levy of a
local retailers' sales tax, the state director of taxation shall cause such taxes to be collected
within or without the boundaries of such taxing subdivision at the same time and in the
same manner provided for the collection of the state retailers' sales tax. All moneys collected
by the director of taxation under the provisions of this section shall be credited to a county
and city retailers' sales tax fund which fund is hereby established in the state treasury. Any
refund due on any county or city retailers' sales tax collected pursuant to this act shall be
paid out of the sales tax refund fund and reimbursed by the director of taxation from
collections of local retailers' sales tax revenue. All local retailers' sales tax revenue collected
within any county or city pursuant to this act shall be apportioned and remitted at least
quarterly by the state treasurer, on instruction from the director of taxation, to the treasurer
of such county or city.
The director of taxation shall provide, upon request by a city or county clerk or treasurer
of any city or county levying a local retailers' sales tax, a monthly report identifying each
retailer having a place of business in such city or county and setting forth the amount of
such tax remitted by each retailer during the preceding month. Such report shall be made
available to the clerk or treasurer of such city or county within a reasonable time after it
has been requested from the director of taxation. The director of taxation shall be allowed
to assess a reasonable fee for the issuance of such report. Information received by any city
or county pursuant to this section shall be confidential, and it shall be unlawful for any
officer or employee of such city or county to divulge any such information in any manner.
Any violation of this paragraph by a city or county officer or employee is a class B misde-
meanor, and such officer or employee shall be dismissed from office.'';
On page 3, in line 8, by striking ``or (7)'' and inserting ``, (7) or (8)''; in line 36, after
``Supp.'' by inserting ``12-187, as amended by section 1 of 1998 House Bill No. 2707, 12-
188, 12-189, as amended by section 2 of 1998 House Bill No. 2707 and''; also, in line 36,
by striking ``is'' and inserting ``are'';
By renumbering existing sections accordingly;
In the title, in line 9, by striking all after ``concerning'' and inserting ``city and countywide'';
in line 10, after ``Supp.'' by inserting ``12-187, as amended by section 1 of 1998 House Bill
No. 2707, 12-188, 12-189, as amended by section 2 of 1998 House Bill No. 2707 and''; in
line 11, by striking ``section'' and inserting ``sections'' and the bill be passed as amended.
Committee on Commerce recommends HB 2765, as amended by House Committee,
be passed.
Also HB 2933, as amended by House Committee, be amended on page 1, in line 43, by
striking all after the stricken ``a'';
On page 2, by striking all before ``school''; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SB 581 be passed.
Also SB 322 be amended by substituting a new bill to be designated as ``Substitute for
SENATE BILL No. 322,'' as follows:
``Substitute for SENATE BILL No. 322
By Committee on Federal and State Affairs
``AN ACT concerning licensure and regulation of private detectives and private detective
agencies; amending K.S.A. 75-7b01, 75-7b03, 75-7b04, 75-7b05, 75-7b07, 75-7b08,
75-7b10, 75-7b11, 75-7b13, 75-7b15, 75-7b17 and 75-7b21 and repealing the existing
sections; also repealing K.S.A. 75-7b14 and 75-7b16.''; and the substitute bill be passed.
SB 496 be not passed.
Committee on Transportation and Tourism recommends HB 2678, as amended by
House Committee of the Whole, be amended on page 1, by striking all in lines 26 through
43;
On page 2, by striking all in lines 1 through 9;
By renumbering sections accordingly;
On page 10, by striking all in lines 2 through 30;
By renumbering sections accordingly;
On page 11, in line 29, by striking ``8-133 and 8-172 and K.S.A.'';
In the title, in line 12, by striking ``the''; in line 13, by striking all following the semicolon;
in line 14, by striking all preceding ``amending''; also in line 14, by striking ``8-133 and 8-
172 and K.S.A.''; and the bill be passed as amended.
Also HB 2689, as amended by House Committee, be amended on page 1, following line
14, by inserting the following:
``New Section 1. There is hereby created in the state treasury, the repossessed certifi-
cates 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 adminis-
tration 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 depart-
ment of revenue.
Sec. 2. 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, who has received training from the highway patrol in accordance with rules and regulations adopted by the superintendent of the highway patrol, of a new vehicle dealer may provide the checks under subsection (b) on motor vehicles repurchased or reac- quired by a manufacturer, distributor or a financing subsidiary of such manufacturer and which are purchased by the new vehicle dealer.'';
Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``Sec. 3.''; in line 32,
preceding ``the'' by inserting ``and amendments thereto,'';
On page 3, in line 34, following the period, by inserting ``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.'';
On page 6, by striking all in lines 42 and 43;
On page 7, by striking all in lines 1 through 14 and inserting the following:
``Sec. 4. 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.
Sec. 5. K.S.A. 8-116a and K.S.A. 1997 Supp. 8-135 and 8-145 are hereby repealed.'';
By renumbering ``Sec. 3.'' as Sec. 6.'';
In the title, in line 10, by striking ``the timely delivery of''; in line 11, following ``amending''
by inserting ``K.S.A. 8-116a and''; in line 12, following ``and'' by inserting ``8-145 and''; also
in line 12, by striking ``section'' and inserting ``sections''; and the bill be passed as amended.
REPORT ON ENGROSSED BILLS
SB 432 reported correctly engrossed March 18, 1998.
CORRECTION OF THE JOURNAL
Correct the Journal of the Senate Thursday, March 12, 1998, on page 1122, under the
heading of Reports of Standing Committees.
On the Committee on Elections and Local Government, HB 2769 replaces HB 2729.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Thursday, March 19,
1998.