March 19, 1999

Journal of the Senate

FORTY-EIGHTH DAY
______
Senate Chamber, Topeka, Kansas
Friday, March 19, 1999--9:00 a.m.
 The Senate was called to order by Vice-President Alicia L. Salisbury.

 The roll was called with thirty-five senators present.

 Senators Hardenburger, Hensley, Praeger, Salmans and Steineger were excused.

 Invocation by Chaplain Fred S. Hollomon:

         Heavenly Father,

         Can one still make a difference?

         They believed they'd make a difference

       The first time that they ran.

       There were things that needed changing,

       And they came here with a plan.

         But it only took one session

       For reality to set in.

       They only have one vote to cast,

       And it takes twenty-one to win.

         And even if both houses pass,

       The Governor may not like it,

       And it only takes one stroke

       Of his veto pen to strike it.

         But hopefully the shock wears off

       And they come to realize

       That numbers don't always measure

       One person's influence size.

         How they conduct themselves

       Has a lot to do

       With how much influence they will have

       Before their term is through.

         Maintaining their integrity

       Wins them great respect,

       And makes their single vote

       Have much more effect.

         And then when they begin to see

       The power of prayer unfold,

       The impact of their influence

       Is something to behold!

         So don't let them get discouraged, Lord,

       Show them what they can do...

       How one can make a difference

       When that one connects with YOU!

         I pray in the Name of Christ,

         AMEN

PRESENTATION OF PETITIONS
 The following petitions were presented, read and filed:

   SP 12, by Senator Marge Petty: A petition requesting the Kansas Legislature to reevaluate
the issue of centralized dispatch within the Kansas Highway Patrol, signed by John M. Jones
and other Kansas residents.

 SP 13, by Senator Tim Huelskamp: A petition asking attorney General Carla Stovall to
enforce the ``Post-Viability Abortion Ban'' for all late-term abortion procedures, including
partial- birth abortion procedures, signed by Diana J. Weber and 136 other citizens of
Kansas.

 SP 14, by Senator Rich Becker: A petition requesting the Kansas Legislature to reevaluate
the issue of centralized dispatch within the Kansas Highway Patrol, signed by Cheri
Harmison and 86 other Kansas residents.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following resolution was introduced:

      SENATE CONCURRENT RESOLUTION No. 1617--

    By Senators Bond and Emert


      A  CONCURRENT  RESOLUTION memorializing the Congress of the United States to
      authorize the placement in Statuary Hall of a statue of Dwight David Eisenhower in
      lieu of George W. Glick and encouraging the Eisenhower Foundation, Inc. to organize
      and direct funding for creation of a statue of Dwight David Eisenhower for placement
      in Statuary Hall.

     

      WHEREAS,  By act of Congress, each state is invited to provide and furnish statues, not
exceeding two in number, of deceased persons who have been citizens thereof and illustrious
for their historic renown or for distinguished civic or military services, such as the state shall
determine to be worthy of national commemoration in a national statuary hall; and

      WHEREAS,  The state of Kansas has had one citizen, Dwight David Eisenhower, who
stands alone in the history of this state in achievement of a distinguished career in both the
civic and military services, a man whose destiny led him from a boyhood home in Abilene,
Kansas, to lead the armies of his nation and those of the free world in one of the greatest
and most historic military engagements of all time and to lead the people of his nation in
peace as the 34th president of the United States; and

      WHEREAS,  Dwight David Eisenhower, citizen of Kansas, General of the Army,
President of the United States and honored and respected friend of presidents, kings and
leaders and peoples of the free world is eminently worthy of national commemoration in a
national statuary hall; and

      WHEREAS,  The state of Kansas in years past did provide for the placing of two statues
of distinguished citizens of Kansas in statuary hall; and

      WHEREAS,  One of such statues is of the Honorable George W. Glick, a man who
although he did not hold national office or win national or international acclaim, was a most
honored and distinguished governor and legislative and civic leader in the state of Kansas;
and

      WHEREAS,  Governor Glick can best be honored by locating his statue in a place of
honor in the capitol of the state of Kansas where it may be enjoyed by our citizens and
visitors; and

      WHEREAS,  The people of the state of Kansas wish to furnish a statue of Dwight David
Eisenhower for placement in Statuary Hall in the capitol of this nation, with such statue
hopefully being provided by the citizens of the state of Kansas through the efforts of the
Eisenhower Foundation, Inc.; and

      WHEREAS,  The creation of the statue of Dwight David Eisenhower depends upon the
willingness of the trustees of the Eisenhower Foundation, Inc. to organize a solicitation
through appropriate representatives of the civic, fraternal and patriotic organizations of this
state and the handling by such trustees of the funds so solicited; and

      WHEREAS,  A suitable statue of Dwight David Eisenhower must be created by a gifted
and experienced sculptor who should be chosen by a committee of select persons suitably
qualified to recommend the selection of such sculptor, and the trustees of the Eisenhower
Foundation should name such a select commission; and

      WHEREAS,  When an appropriate sculptor has been selected to create the statue of
Dwight David Eisenhower, the trustees of the Eisenhower Foundation, Inc. would be
suitable to contract with the sculptor with funds obtained as indicated in this preamble for
the creation of such a statue; and

      WHEREAS,  When the statue of Dwight David Eisenhower is completed, necessary
plans need to be made and action needs to be taken to transport the statue to Washington,
D.C. for installation in Statuary Hall and for the return of Governor Glick's statue to Kansas
for installation in the state capitol in Topeka; and

      WHEREAS,  Should the Eisenhower Foundation, Inc. be unable or unwilling to perform
the functions described in this preamble, the responsibility for the creation and installation
of the statue of Dwight David Eisenhower should be assumed by the Kansas Department
of Commerce and Housing: Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the legislature of the state of Kansas respectfully requests that the Congress
of the United States return the statue of George W. Glick earlier presented by the state of
Kansas for placement in Statuary Hall and accept in return, for placement in Statuary Hall,
a statue of Dwight David Eisenhower, a citizen of the free world, and worthy of national
commemoration in Statuary Hall; and

      Be it further resolved: That the legislature of the state of Kansas, on behalf of the people
of this state and on behalf of this state itself, respectfully requests the trustees of the
Eisenhower Foundation, Inc. to appoint a commission of representatives of civic, fraternal
and patriotic organizations of this state, and to convey to such commission a charge to
organize a solicitation for funds for the creation of a statue of Dwight David Eisenhower as
contemplated by this resolution. Such trustees are further requested to provide management
assistance to such commission and to receive and employ the funds so obtained to acquire
such statue for placement in Statuary Hall in the capitol of this nation. Such trustees are
further requested to appoint a committee of persons suitably qualified to select a gifted and
experienced sculptor to create a suitable statue of Dwight David Eisenhower. Such trustees
are further requested to contract with such sculptor with funds obtained as indicated in this
resolution for the creation of such statue. Thereupon such trustees are further requested to
make the statue so created of Dwight David Eisenhower available for placement in Statuary
hall, the same to then be owned by the Congress of the United States; and

      Be it further resolved: That should the efforts of the Eisenhower Foundation, Inc. and
the commission of representatives of civic, fraternal and patriotic organizations of this state
be unable to fulfill the object of this resolution, the Kansas Department of Commerce and
Housing is tasked to take action ultimately providing a statue of Dwight David Eisenhower
for placement in Statuary Hall; and

      Be it further resolved: That the cost of the creation of the statue of Dwight David
Eisenhower, as well as the costs for transporting the statue of Dwight David Eisenhower to
Washington, D.C. and transporting the statue of Governor Glick to the state capitol in
Topeka, plus incidental costs for installation of statues in their permanent locations and the
essential costs of any unveiling ceremonies should be borne by the state of Kansas through
the use of private or public funds; and

      Be it further resolved: That the secretary of state is directed to transmit enrolled copies
of this resolution to the President of the Senate of the United States, the Speaker of the
House of Representatives of the United States, each member of the Kansas delegation in
the Congress of the United States, the Governor and Lieutenant Governor of the state of
Kansas and to each of the trustees of the Eisenhower Foundation, Inc.

 On emergency motion of Senator Bond SCR 1617 was adopted by voice vote.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill and resolution were referred to Committees as indicated:

   Agriculture: SCR 1616.

 Federal and State Affairs: HB 2240.

REMOVE FROM CONSENT CALENDAR
 An objection having been made to HB 2049 appearing on the Consent Calendar, the
Vice-President directed the bill be removed and placed on the calendar under the heading
of General Orders.

 An objection having been made to HB 2320 appearing on the Consent Calendar, the
Vice-President directed the bill be removed and placed on the calendar under the heading
of General Orders.

 An objection having been made to HB 2380 appearing on the Consent Calendar, the
Vice-President directed the bill be removed and placed on the calendar under the heading
of General Orders.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Steffes introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1835--

    A  RESOLUTION congratulating and commending the McPherson High School girls and
      boys basketball teams and Coaches Scott Schaefer and Kurt Kinnamon for winning the
      1999 Class 5A state basketball championships.

     

      WHEREAS,  A large part of the McPherson community traveled to Topeka on Saturday,
March 13, 1999, to see both their girls and boys high school basketball teams compete for
the Class 5A championship. They went home doubly proud: The girls team won its third
consecutive Class 5A championship with a 67-44 victory over Goddard, and the boys team
defeated Bishop Miege 54-48 to win its sixth championship of the decade; and

      WHEREAS,  The McPherson High School girls team finished the season with 25 wins
and 0 losses and was the only undefeated team in Kansas this year. It was the girls fifth
championship, having won it all in 1981, 1982, 1997, 1998 and 1999. Coach Scott Schaefer
was blessed with three three-year senior starters, Kristina Barrow, Candace James and
Chaunzey Rierson along with a fourth senior starter, Jami Reese. Coach Schaefer now has
a record of 142 wins versus 27 losses in his seven years at McPherson High School; and

      WHEREAS,  The McPherson boys basketball team lost its first game of the season to
Salina South but went on to finish the season with 24 wins and 1 loss. This year Coach Kurt
Kinnamon was able to rely on senior Matt Robins as his coach on the floor plus the play of
seniors Corey Hoover and Travis Sears. The McPherson boys team has been the Class 5A
team of the decade winning the championship six times with a record of 221 wins and 23
losses. In his four years at McPherson, Coach Kinnamon has a record of 81 wins and 16
losses; and

      WHEREAS,  The members of these outstanding basketball teams have received
statewide recognition for their fine sportsmanship and athletic abilities; and

      WHEREAS,  The success of these teams is due to excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That the McPherson High School
girls and boys basketball teams and Coaches Scott Schaefer and Kurt Kinnamon be
congratulated and commended for winning the 1999 Kansas State High School Activities
Association Class 5A state basketball championships; and

      Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to William Parker, Principal, McPherson High School, 801 East
1st, McPherson, Kansas 67460.

 On emergency motion of Senator Steffes SR 1835 was adopted unanimously.

 Senator Oleen introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1836--

    A  RESOLUTION recognizing and welcoming a General Consulate from
the Republic of Paraguay.


 WHEREAS,  Consul General Mario Ramos Reyes established the first permanent
Paraguayan Diplomatic Mission in the state of Kansas on July 14, 1998; and

      WHEREAS,  The General Consulate was established by the Minister of Foreign Affairs
of Paraguay with cooperation from the Comite Paraguay-Kansas and Partners of the
Americas, and on December 3, 1998, the office of General Consulate was approved by the
Office of Protocol of the United States Department of State; and

      WHEREAS,  The General Consulate will be one tool available to promote the small
business community of Paraguay as envisioned by the President of the Republic of Paraguay,
President Ingeniero Raul Cubas Grau. Other programs to be administered through the
Consulate will include administrative, educational and economic-business activities
promoting interaction between Kansas and Paraguay. Presently the General Consul is
creating a network of Paraguayan students and alumni to provide leadership and support.
The General Consulate will also work to promote commercial trade between Paraguay and
Kansas; and

      WHEREAS,  The General Consulate will be located in Kansas City, Kansas. Consul
General Mario Ramos Reyes and his family will reside in Overland Park, Kansas: Now,
therefore,

      Be it resolved by the Senate of the State of Kansas: That we recognize the establishment
of the General Consulate from the Republic of Paraguay and welcome Consul General
Mario Ramos Reyes and his family to the state of Kansas; and

      Be it further resolved: That the Secretary of the Senate be directed to provide two
enrolled copies of this resolution to Consul General Mario Ramos Reyes, General Consulate
of the Republic of Paraguay, 630 Minnesota Avenue, Kansas City, Kansas 66101 and one
copy to Frank Morrison, President of Kansas Paraguay Partners, 2725 Stagg Hill Road,
Manhattan, Kansas 66502.

 On emergency motion of Senator Oleen SR 1836 was adopted unanimously.

 Senator Oleen introduced Consul General Mario Ramos Reyes, his wife Marina Ramos
Reyes, and children Santiago, Maria, and Francisco. Accompanying the family were Frank
Morrison, President of Kansas Paraguay Partners, Mrs. Frank Morrison, Mrs. Terry
Nuckolls, Dr. Merrill Rayber and Carolina Pedro.

 Vice-President Salisbury and the Senators welcomed them to the senate.

   Senator Langworthy introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1837--

    A  RESOLUTION congratulating the City of Westwood on its 50th anniversary.


      WHEREAS,  The year 1999 is one of celebration as the City of Westwood marks 50 years
as an incorporated city; and

      WHEREAS,  In 1948, residents in the Hudson-Mission Homes Association in northeast
Johnson County each contributed $5 to pay for filing expenses for incorporation; and

      WHEREAS,  On June 7, 1949, the City of Westwood was formally incorporated as a city
of the third class, and Murray Maxwell was elected the first mayor; and

      WHEREAS,  Because of redevelopment, business expansions, residential improvements
and creative municipal investment and revenue strategies, Westwood enjoys one of the
lowest property tax levies in the state; and

      WHEREAS,  The strong leadership of the mayors and councils of Westwood through the
years have allowed the residents and businesses of Westwood to enjoy high quality low-cost
city services; and

      WHEREAS,  Westwood's 50th anniversary will be celebrated throughout the year of
1999; and

      WHEREAS,  Westwood is known as ``The Biggest Little City in Kansas''; and

      WHEREAS,  Cities such as Westwood have given Kansas a strong past and provide hope
for the future: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate the City of
Westwood on its 50th anniversary; and

      Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mayor William L. Kostar, 4700 Rainbow Boulevard, Westwood,
Kansas 66205.

 On emergency motion of Senator Langworthy SR 1837 was adopted unanimously.

   Senator Langworthy introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1838--

    A  RESOLUTION congratulating the City of Fairway on its 50th anniversary.


      WHEREAS,  The year 1999 is one of celebration as the City of Fairway marks 50 years
as an incorporated city; and

      WHEREAS,  On June 16, 1949, the City of Fairway was formally incorporated as a city
of the third class, and Robert P. Sanders was elected the first mayor; and

      WHEREAS,  Because of redevelopment, business expansions, residential improvements
and creative municipal investment and revenue strategies, Fairway enjoys one of the lowest
property tax levies in the state; and

      WHEREAS,  The strong leadership of the mayors, particularly the 30 years' service of
Neale R. Peterson, and councils of Fairway through the years have allowed the residents
and businesses of Fairway to enjoy high-quality, low-cost city services; and

      WHEREAS,  Fairway's 50th anniversary will be celebrated throughout the year of 1999;
and

      WHEREAS,  Fairway is known as ``The City of Trees''; and

      WHEREAS,  Cities such as Fairway have given Kansas a strong past and provide hope
for the future: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate the City of
Fairway on its 50th anniversary; and

      Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mayor C. Edward Peterson, 5252 Belinder Road, Fairway, Kansas
66205.

 On emergency motion of Senator Langworthy SR 1838 was adopted unanimously.

   Senator Langworthy introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1839--

    A  RESOLUTION congratulating the City of Mission Hills on its 50th anniversary.


      WHEREAS,  The year 1999 is one of celebration as the City of Mission Hills marks 50
years as an incorporated city; and

      WHEREAS,  The first building in Mission Hills was a log cabin housing the United States
Indian Agency; and

      WHEREAS,  The historic Santa Fe Trail winds through the area that is now Mission
Hills; and

      WHEREAS,  Kansas joined the Union as a free state on January 29, 1861, and during
the Civil War, troops engaged in the Battle of Westport used the well on Brookwood Road;
and

      WHEREAS,  On April 18, 1865, the Reverend Thomas Johnson, for whom Johnson
County was named, was deeded land containing the area that is now Mission Hills; and

      WHEREAS,  In 1912 the J.C. Nichols Company built the first house in the area now
known as Mission Hills; and

      WHEREAS,  On June 15, 1949, the City of Mission Hills was formally incorporated as a
city of the third class, and George W. Miller was elected the first mayor; and

      WHEREAS,  Because of extensive effort on the part of the mayors, councils, home
associations and residents, the City of Mission Hills remains dedicated to the ideas of open
space and beautiful homes and gardens; and

      WHEREAS,  The original vision of Mission Hills as ``the most distinguished of American
garden suburbs'' has remained a fact; and

      WHEREAS,  The City of Mission Hills has been honored with the distinction of ``Tree
City USA'' for many years, and plants over 50 trees a year; and

      WHEREAS,  Mission Hills' 50th anniversary will be celebrated throughout the year of
1999; and

      WHEREAS,  Cities such as Mission Hills have given Kansas a strong past and provide
hope for an even stronger future: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate the City of
Mission Hills on its 50th anniversary; and

      Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mayor Betty T. Keim, 6300 State Line Road, Mission Hills, Kansas
66208.

 On emergency motion of Senator Langworthy SR 1839 was adopted unanimously.

   Senator Langworthy introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1840--

    A  RESOLUTION recognizing and congratulating the City of Westwood Hills
on the celebration of its 50th year anniversary.


      WHEREAS,  The year 1999 is one of celebration as the City of Westwood Hills marks
its 50 years as an incorporated city; and

      WHEREAS,  In the year 1922, the J.C. Nichols Company purchased 37.65 acres of land
from the heirs of Captain Joseph Parks, Head Chief of the Shawnees in Kansas, and platted
the area as Westwood Hills; and

      WHEREAS,  On July 1, 1949, the City of Westwood Hills was formally incorporated as
a city of the third class and elected C. Chauncey Cox as its first Mayor; and

      WHEREAS,  The City of Westwood Hills has prospered these fifty years, emerging as a
premier neighborhood in what was once the ``developing Kansas residential market''; and

      WHEREAS,  The City of Westwood Hills can claim some fifty historical sites and
residential structures, further attesting to its early and continuing importance in the
development of Johnson County; and

      WHEREAS,  Westwood Hills is known as ``The Most Beautiful Little City in Kansas'';
and

      WHEREAS,  Westwood Hills' 50th Anniversary will be celebrated throughout the year
of 1999: Now, therefore,

      Be it resolved by the Senate of the State of Kansas: That we recognize and congratulate
the City of Westwood Hills on its 50th Anniversary; and

      Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mayor E. Allen Roth, 5008 State Line Road, Westwood Hills,
Kansas 66205.

 On emergency motion of Senator Langworthy SR 1840 was adopted unanimously.

 Senator Langworthy introduced William L. Kostar, Mayor of Westwood; C. Edward
Peterson, Mayor of Fairway and City Council Woman, Marcia Bailey; Betty T. Keim, Mayor
of Mission Hills; and E. Allen Roth, Mayor of Westwood Hills, and City Council President,
Tom Stewart.

REPORTS OF STANDING COMMITTEES
 Committee on Assessment and Taxation recommends HB 2071, as amended by House
Committee of the Whole, be amended on page 2, in line 2, following the period by inserting
``It is the intent of the legislature that, as nearly as possible, the amount of $1,100,000,000
shall be expended or committed to be expended for system enhancements for the period
beginning July 1, 1999, through June 30, 2009.'';

      On page 3, in line 38, by striking ``18'' and inserting ``8'';

      On page 6, by striking all in lines 2 through 19;

      On page 11, following line 8, by inserting the following sections:

      ``Sec.  9. On and after January 1, 2000, K.S.A. 1998 Supp. 8-143 is hereby amended to
read as follows: 8-143. (1) All applications for the registration of motorcycles, motorized
bicycles and passenger vehicles other than trucks and truck tractors, except as otherwise
provided, shall be accompanied by an annual license fee as follows: For motorized bicycles,
$10 $15; for motorcycles, $15 $20; for passenger vehicles, other than motorcycles, used
solely for the carrying of persons for pleasure or business, and for hearses and ambulances
a fee of (i) $25 $30 until January 1, 2004, and $32.50 thereafter, for those having a gross
weight of 4,500 pounds or less; (ii) $35 $42.50 until January 1, 2004, and $45 thereafter for
those having a gross weight of more than 4,500 pounds; for each electrically propelled motor
vehicle, except electrically propelled vehicles intended for the purpose of transporting any
commodity, goods, merchandise, produce or freight, or passengers for hire, a fee of $13
$18. Except for motor vehicles, trailers or semitrailers registered under the provisions of
K.S.A. 8-1,134, and amendments thereto, the annual registration fee for each motor vehicle,
trailer or semitrailer owned by any political or taxing subdivision of this state or by any
agency or instrumentality of any one or more political or taxing subdivisions of this state
and used exclusively for governmental purposes and not for any private or utility purposes,
which is not otherwise exempt from registration, shall be $2.

      (2) As used in this subsection, the term ``gross weight'' shall mean and include the empty
weight of truck, or of combination of truck or truck tractor and any type trailer or semitrailer,
plus the maximum weight of cargo which will be transported on or with the same, except
when the empty weight of a truck plus the maximum weight of cargo which will be
transported thereon is 12,000 pounds or less. The term gross weight shall not include: The
weight of any travel trailer propelled thereby which is being used for private recreational
purposes; or the weight of any vehicle or combination of vehicles for which wrecker or
towing service, as defined in K.S.A. 66-1329, and amendments thereto, is to be provided by
a wrecker or tow truck, as defined in K.S.A. 66-1329, and amendments thereto. Such
wrecker or tow truck shall be registered for the empty weight of such vehicle fully equipped
for the recovery or towing of vehicles. The gross weight license fees hereinafter prescribed
shall only apply to the truck or truck tractor used as the propelling unit for the cargo and
vehicle propelled, either as a single vehicle or combination of vehicles. On application for
the registration of a truck or truck tractor, the owner thereof shall declare as a part of such
application the maximum gross weight the owner desires to be applicable to such vehicle,
which declared gross weight in no event shall 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 will be a part. All applications for the registration of trucks or truck
tractors, except as otherwise provided herein, shall be accompanied by an annual license
fee as follows:

      (a) On and after January 1, 2000:

For a gross weight of 12,000 lbs. or less $35 $42.50
For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. 100 115
For a gross weight of more than 16,000 lbs. and not more than 20,000
lbs.
130 150
For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 195 225
For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 310 360
For a gross weight of more than 26,000 lbs. and not more than 30,000lbs.310 360
For a gross weight of more than 30,000 lbs. and not more than 36,000lbs. 370 430
For a gross weight of more than 36,000 lbs. and not more than 42,000lbs. 470 545
For a gross weight of more than 42,000 lbs. and not more than 48,000lbs. 600 690
For a gross weight of more than 48,000 lbs. and not more than 54,000lbs. 800 920
For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 1,000 1,150
For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 1,200 1,380
For a gross weight of more than 66,000 lbs. and not more than 74,000lbs. 1,525 1,755
For a gross weight of more than 74,000 lbs. and not more than 80,000lbs. 1,725 1,985
For a gross weight of more than 80,000 lbs. and not more than 85,500lbs. 1,925 2,215
      (b) On and after January 1, 2004:

For a gross weight of 12,000 lbs. or less $45
For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. 120
For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 160
For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 235
For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 375
For a gross weight of more than 26,000 lbs. and not more than 30,000lbs. 375
For a gross weight of more than 30,000 lbs. and not more than 36,000lbs. 445
For a gross weight of more than 36,000 lbs. and not more than 42,000lbs. 565
For a gross weight of more than 42,000 lbs. and not more than 48,000lbs. 720
For a gross weight of more than 48,000 lbs. and not more than 54,000lbs. 960
For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 1,200
For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 1,440
For a gross weight of more than 66,000 lbs. and not more than 74,000lbs. 1,830
For a gross weight of more than 74,000 lbs. and not more than 80,000lbs. 2,070
For a gross weight of more than 80,000 lbs. and not more than 85,500lbs. 2,310
        If the applicant for registration of any truck or truck tractor for a gross weight of more
than 12,000 pounds is the state of Kansas or any political or taxing subdivision or agency of
the state, except a city or county, whose truck or truck tractor is not otherwise entitled to
the $2 license fee or otherwise exempt from all fees, such vehicle may be licensed for a fee
in accordance with the schedule hereinafter prescribed for local trucks or truck tractors.

      If the applicant for registration of any truck or truck tractor for a gross weight of more
than 12,000 pounds shall under oath state in writing on a form prescribed and furnished by
the director of vehicles that the applicant does not expect to operate it more than 6,000
miles in the calendar year for which the applicant seeks registration, and that if the applicant
shall operate it more than 6,000 miles during such registration year such applicant will pay
an additional fee equal to the fee required by the preceding schedule, less the amount of
the fee paid at time of registration, such vehicle may be licensed for a fee in accordance
with the schedule hereinafter prescribed for local trucks or truck tractors; and whenever
the same is registered on a local truck or truck tractor fee basis a tab or marker shall be
issued in connection with the regular license plate, which tab or marker shall be attached
or affixed to and displayed with the regular license plate and the failure to have the same
attached, affixed or displayed shall be subject to the same penalties as provided by law for
the failure to display the regular license plate; and the secretary of revenue may adopt rules
and regulations requiring the owners of trucks and truck tractors so registered on a local
truck or truck tractor fee basis to keep such records and make such reports of mileage of
such vehicles as the secretary of revenue shall deem proper.

      A transporter delivering vehicles not the transporter's own by the driveaway method
where such vehicles are being driven, towed, or transported singly, or by the saddlemount,
towbar, or fullmount methods, or by any lawful combination thereof, may apply for license
plates which may be transferred from one such vehicle or combination to another for each
delivery without further registration, and the annual license fee for such license plate shall
be as follows:

For the first such set of license plates $44 $49 until January 1, 2004, and $54,thereafter
For each additional such set of license plates18 23
        A truck or truck tractor registered for a gross weight of more than 12,000 pounds, which
is operated wholly within the corporate limits of a city or village or within a radius of 25
miles beyond the corporate limits, shall be classified as a local truck except that in no event
shall such vehicles operated as contract or common carriers outside a radius of three miles
beyond the corporate limits of the city or village in which such vehicles were based when
registered and licensed be considered local trucks or truck tractors. The secretary of revenue
is hereby authorized and directed to adopt rules and regulations prescribing a procedure
for the issuance of permits by the division of vehicles whereby owners of local trucks or
truck tractors may operate any such vehicle, empty, beyond the radius hereinbefore
prescribed, when such operation is solely for the purpose of having such vehicle repaired,
painted or serviced or for adding additional equipment thereto. The annual license fee for
a local truck or truck tractor, except as otherwise provided herein, shall be as follows:

        (a) On and after January 1, 2000:

For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. $60 $70
For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 100 115
For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 130 150
For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 175 205
For a gross weight of more than 26,000 lbs. and not more than 30,000lbs.175 205
For a gross weight of more than 30,000 lbs. and not more than 36,000lbs. 210 245
For a gross weight of more than 36,000 lbs. and not more than 42,000lbs. 240 280
For a gross weight of more than 42,000 lbs. and not more than 48,000lbs. 310 360
For a gross weight of more than 48,000 lbs. and not more than 54,000lbs. 410 475
For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 470 545
For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 570 660
For a gross weight of more than 66,000 lbs. and not more than 74,000lbs. 750 865
For a gross weight of more than 74,000 lbs. and not more than 80,000lbs. 880 1,015
For a gross weight of more than 80,000 lbs. and not more than 85,500lbs. 1,000 1,150
        (b) On and after January 1, 2004:

For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. $75
For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 120
For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 160
For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 210
For a gross weight of more than 26,000 lbs. and not more than 30,000lbs. 210
For a gross weight of more than 30,000 lbs. and not more than 36,000lbs. 255
For a gross weight of more than 36,000 lbs. and not more than 42,000lbs. 290
For a gross weight of more than 42,000 lbs. and not more than 48,000lbs. 375
For a gross weight of more than 48,000 lbs. and not more than 54,000lbs. 495
For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 565
For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 685
For a gross weight of more than 66,000 lbs. and not more than 74,000lbs. 900
For a gross weight of more than 74,000 lbs. and not more than 80,000lbs. 1,060
For a gross weight of more than 80,000 lbs. and not more than 85,500lbs. 1,200
        A truck or truck tractor registered for a gross weight of more than 12,000 pounds, which
is owned by a person engaged in farming and which truck or truck tractor is used by such
owner to transport agricultural products produced by such owner or commodities purchased
by such owner for use on the farm owned or rented by the owner of such farm truck or
truck tractor, shall be classified as a farm truck or truck tractor and the annual license fee
for such farm truck shall be as follows:

        (a) On and after January 1, 2000:

For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. $35 $42.50
For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 40 50
For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 50 60
For a gross weight of more than 24,000 lbs. and not more than 26,000lbs.70 85
For a gross weight of more than 26,000 lbs. and not more than 54,000lbs. 70 85
For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 180 210
For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 360 415
For a gross weight of more than 66,000 lbs. 600 690
        (b) On and after January 1, 2004:

For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. $45
For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 50
For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 60
For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 85
For a gross weight of more than 26,000 lbs. and not more than 54,000lbs. 85
For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 220
For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 435
For a gross weight of more than 66,000 lbs. 720
  A vehicle licensed as a farm truck or truck tractor may be used by the owner thereof to
transport, for charity and without compensation of any kind, commodities for religious or
educational institutions. A truck which is licensed as a farm truck may also be used for the
transportation of 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. Any applicant for registration of any farm truck or farm
truck tractor used in combination with a trailer or semitrailer shall register the farm truck
or farm truck tractor for a gross weight which shall 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 semitrailer, plus the maximum weight of cargo which will be transported on or with the
same. The applicant for registration of any farm truck or farm truck tractor used to transport
a gross weight of more than 54,000 pounds shall durably letter on the side of the motor
vehicle the words ``farm vehicle--not for hire.'' If an applicant for registration of any farm
truck or farm truck tractor operates such vehicle for any use or purpose not authorized for
a farm truck or farm truck tractor, such applicant shall pay an additional fee equal to the
fee required for the registration of all trucks or truck tractors not registered as local, 6,000-
mile or farm truck or farm truck tractor motor vehicles, less the amount of the fee paid at
time of registration. Nothing in this or the preceding paragraph shall authorize a gross weight
of a vehicle or combination of vehicles on the national system of interstate and defense
highways greater than permitted by laws of the United States congress.

      Except as hereinafter provided, the annual license fee for each local urban transit bus
used in local urban transit operations exempted under the provisions of subsection (a) of
K.S.A. 66-1,109, and amendments thereto, shall be based on the passenger seating capacity
of the bus and shall be as follows:

        (a) On and after January 1, 2000:

8 or more, but less than 31 passengers $15 $20
31 or more, but less than 40 passengers 30 35
More than 39 passengers 60 70
        (b) On and after January 1, 2004:

8 or more, but less than 31 passengers $20
31 or more, but less than 40 passengers 40
More than 39 passengers 75
  except that the annual license fee for each local urban transit bus which is owned by a
metropolitan transit authority established pursuant to articles 25 and 28 of chapter 12 or
pursuant to article 31 of chapter 13 of the Kansas Statutes Annotated shall be $2.

      For licensing purposes, station wagons with a carrying capacity of less than 10 passengers
shall be subject to registration fees based on the weight of the vehicles, as provided in
subsection (1). Station wagons with a carrying capacity of 10 or more passengers shall be
subject to the truck classifications and license fees therefor shall be as herein provided:

      (a) For any trailer, semitrailer, travel trailer or pole trailer the annual license fee shall
be as follows: For any such vehicle with a gross weight of more than 12,000 pounds the
annual fee shall be $35 $45; any such vehicle grossing more than 8,000 pounds but not over
12,000 pounds, the annual fee shall be $25 $35; for any such vehicle grossing more than
2,000 pounds but not over 8,000 pounds, the annual fee shall be $15 $20. Any such vehicle
having a gross weight of 2,000 pounds or less may, at the owner's option, be registered and
the fee for such registration shall be $15 $20.

      Any trailer, semitrailer or travel trailer owned by a nonresident of this state and based in
another state, which is properly registered and licensed in the state of residence of the
owner or in the state where based, may be operated in this state without being registered
or licensed in this state if the truck or truck tractor propelling the same is properly registered
and licensed in this state, or is registered and licensed in some other state and is entitled to
reciprocal privileges of operation in this state, but this provision shall not apply to any trailer
or semitrailer owned by a nonresident of this state when such trailer or semitrailer is owned
by a person who has proportionately registered and licensed a fleet of vehicles under the
provisions of K.S.A. 8-1,101 to 8-1,123, inclusive, and amendments thereto, or under the
terms of any reciprocal or proration agreement made pursuant thereto.

      At the option of the owner, any trailer, semitrailer or pole trailer, with a gross weight of
more than 12,000 pounds, may be issued a multi-year registration for a five-year period
upon payment of the appropriate registration fee. The fee for a five-year registration of such
trailer shall be five times the annual fee for such trailer. If the annual registration fee is
increased during the multi-year registration period, the owner of the trailer with such multi-
year registration shall be subject to the amount of the increase of the annual registration
fee for the remaining calendar years of such multi-year registration. When the owner of any
trailer, semitrailer or pole trailer registered under this multi-year provision transfers or
assigns the title, or interest thereto, the registration of such trailer shall expire. The owner
shall remove the license plate from such trailer and forward the license plate to the division
of vehicles or may have such license plate assigned to another trailer, semitrailer or pole
trailer upon the payment of fees required by law. Any owner of a trailer, semitrailer or pole
trailer where the multi-year registration fee has been paid and the trailer is sold, junked,
repossessed, foreclosed by a mechanic's lien or title transferred by operation of law, and the
registration thereon is not going to be transferred to another trailer, may secure a refund
for the registration fee for the remaining calendar years by making application to the division
of vehicles on a form and in the manner prescribed by the director of vehicles. The secretary
of revenue may adopt such rules and regulations necessary to implement the multi-year
registration of such trailers, semitrailers and pole trailers.

      A farm trailer used in carrying not more than 6,000 pounds owned by a person engaged
in farming, which trailer is used exclusively by the owner to transport agricultural products
produced by such owner or commodities purchased by the owner for use on the farm owned
or rented by the owner of such trailer, shall not be subject to the registration and registration
fees prescribed by this act for trailers, and the weight of any such farm trailer, plus the cargo
weight of 6,000 pounds or less, shall not be considered in determining the gross weight for
which the truck or truck tractor propelling the same shall be registered. Any nonself-
propelled vehicle used and designed for applying fertilizers to the soil or for picking up and
transporting hay or forage from a field to a storage area or from a storage area to a feedlot,
which is only incidentally moved or operated upon the highways, shall not be subject to
registration and registration fees prescribed by this act for trailers.

      (b) Any truck or truck tractor having a gross weight of 4,000 pounds or over, using solid
tires, shall pay a license fee of double the amount herein charged. The annual fees herein
provided for trucks, truck tractors and trailers not subject to K.S.A. 8-134a, and amendments
thereto, shall be due January 1 of each year and payable on or before February 15 in each
year. If the fee is not paid by such date a penalty of $1 shall be added to the fee charged
herein for each month or fraction thereof and until December 31 of each registration year.
The annual registration fee for all passenger vehicles and vehicles subject to K.S.A. 8-134a,
and amendments thereto, shall be due on or before the last day of the month in which the
registration plate expires and shall be due for other vehicles as provided by K.S.A. 8-134,
and amendments thereto. If the registration fee is not paid by such date a penalty of $1
shall be added to the fee charged herein for each month or fraction thereof until such
registration fee is paid. Members of the armed forces of the United States shall be permitted
to apply for registration at any time and be subject to registration fee, less penalties,
applicable at the time the application is made. If any motorcycle, motorized bicycle, trailer,
semitrailer, travel trailer, or pole trailer is either purchased or acquired after the anniversary
or renewal date in any registration year there shall immediately become due and payable a
registration fee as follows: If purchased or acquired between the anniversary or renewal
date of any registration year and the first six months of such registration year, the annual
fee hereinbefore provided; if purchased or acquired during the last six months of any
registration year, 50% of such annual fee. If any truck or truck tractor, except trucks subject
to K.S.A. 8-134a, and amendments thereto, is purchased or acquired prior to April 1 of any
year the fee shall be the annual fee hereinbefore provided, but if such truck or truck tractor
is purchased or acquired after the end of March of any year, the license fee for such year
shall be reduced 1/12 for each calendar month which has elapsed since the beginning of the
year. If any truck registered for a gross weight of 12,000 pounds or less or passenger vehicle
is purchased or acquired and less than 12 months remain in the registration period, the fee
shall be 1/12 of the annual fee for each calendar month remaining in the registration period.

      (c) The owner of any motorcycle, motorized bicycle, passenger vehicle, truck, truck
tractor, trailer, semitrailer, or electrically propelled vehicle who fails to pay the registration
fee or fees herein provided on the date when the same become due and payable shall be
guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty in the
sum of $1 for each month or fraction thereof during which such fee has remained unpaid
after it became due and payable; and in addition thereto shall be subject to such other
punishment as is provided in this act. Upon the transfer of motorcycles, motorized bicycles,
passenger vehicles, trailers, semitrailers, trucks or truck tractors, on which registration fees
have been paid for the year in which the transfer is made, either (A) to a corporation by
one or more persons, solely in exchange for stock or securities in such corporation, or (B)
by one corporation to another corporation when all of the assets of such corporation are
transferred to the other corporation, then in either case (A) or case (B) the corporation shall
be exempt from the payment of registration fees on such vehicles for the year in which such
transfer is made. Applications for transfer or registration shall be accompanied by a fee of
$1.50. When the registration of a vehicle has expired at midnight on the last day of any
registration year, and such vehicle is not thereafter operated upon the highways, any
application for renewal of registration made subsequent to the anniversary or renewal date
of any registration year following the expiration of such registration and for succeeding
registration years in which such vehicle has not been registered shall be accompanied by an
affidavit of nonoperation and nonuse, and such application for renewal or registration shall
be received by the division of vehicles upon payment of the proper fees for the current
registration year and without penalty.

      (3) Any nonresident of Kansas purchasing a vehicle from a Kansas resident and desiring
to secure registration on the vehicle in the state of such person's residence may make
application in the office of any county treasurer for a thirty-day temporary registration. The
county treasurer upon presentation of evidence of ownership in the applicant and evidence
the sales tax has been paid, if due, shall charge and collect a fee of $3 $4 for each thirty-
day temporary license and issue a sticker or paper registration as may be determined by the
director of vehicles, and the registration so issued shall be valid for a period of 30 days from
the date of issuance.

      (4) Any owner of any motor vehicle which is subject to taxation under the provisions of
article 51 of chapter 79 of the Kansas Statutes Annotated or any other truck or truck tractor
where the annual registration fee has been paid and the vehicle is sold, junked, repossessed,
foreclosed by a mechanic's lien or title transferred by operation of law, and the registration
thereon is not going to be transferred to another vehicle may secure a refund for the
registration fee for the remaining portion of the year by making application to the division
of vehicles on a form and in the manner prescribed by the director of vehicles, accompanied
by all license plates and attachments issued in connection therewith. If the owner of the
registration becomes deceased and the vehicle is not going to be used on the highway, and
title is not being currently transferred, the proper representative of the estate shall be
entitled to the refund. The refund shall be made only for the period of time remaining in
the registration year from the date of completion and filing of the application with and
delivery of the license plate and attachments to the division of vehicles. Where the
registration is secured under a quarterly payment annual registration fee, as provided for in
K.S.A. 8-143a, and amendments thereto, such refund shall be made on the quarterly fee
paid and unused and all remaining quarterly payments shall be canceled. Any truck or truck
tractor having the registration fee paid on quarterly payment basis, all quarterly payments
due or a fraction of quarterly payment due shall be paid before title may be transferred,
except that in case of death, the filing of the application and returning of the license plate
and attachment shall cancel the remaining annual payments due. Whenever a truck or truck
tractor, where the registration is secured on a quarterly payment of the annual registration,
the one repossessing the truck or truck tractor, or foreclosing by a mechanic's lien, or
securing title by court order, the mortgagor or the assigns of the mortgagor, or the one
securing title may pay the balance due on date of application for title, but the payments for
the remaining portion of the year shall not be canceled unless application is made and the
license plate and attachments are surrendered. Nothing in this subsection shall apply when
registration is secured under the provisions of K.S.A. 8-1,101 to 8-1,123, inclusive, and
amendments thereto. Notwithstanding any of the foregoing provisions of this section, no
refund shall be made under the provisions of this section where the amount thereof does
not exceed $5. The division of vehicles shall furnish such blank forms as may be required
under the provisions of this subsection as it deems necessary to be completed by the
applicant. Whenever a registration which has been secured on a quarterly basis shall be
canceled as provided in this subsection, the division of vehicles shall notify the county
treasurer issuing the original registration of such cancellation so that the county treasurer
may, and the county treasurer shall cancel the registration of such vehicle in the county
treasurer's office and release any lien issued in connection with such registration.

      (5) Every owner of a travel trailer designed for or intended to be moved upon any
highway in this state shall, before the same is so moved, apply for and obtain the proper
registration thereof as provided in this act, except when such unit is permitted to be moved
under the special provisions relating to secured parties, manufacturers, dealers and
nonresidents contained in this act. At the time of registering any travel trailer for the purpose
of moving any such vehicle upon any highway in this state, the owner thereof shall indicate
on the registration form whether or not such vehicle is being moved permanently to a
location outside of the county in which such vehicle is being registered. No such vehicle
which the owner thereof intends to move to a permanent location outside the boundaries
of such county shall be registered for movement on the highways of this state until all taxes
levied against such vehicle have been paid. A copy of such registration form shall be sent
to the county clerk or assessor of the county to which such vehicle is being moved. When
such travel trailer is used for living quarters and not operated on the highways, the owner
shall be exempt from the license fees as provided in paragraph (a) of subsection (2) so long
as such travel trailer is not operated on the highway.

      Sec.  10. On and after January 1, 2000, K.S.A. 8-143b is hereby amended to read as
follows: 8-143b. (a) Except as provided in K.S.A. 8-143k and subsection (b), the owner of
any truck or truck tractor which is duly registered and licensed in some other state, desiring
to operate in intrastate commerce in this state for a temporary period only, in lieu of payment
of the annual license fee, may register such truck or truck tractor and obtain a thirty-day
license authorizing operation on the highways of this state for a period, of not to exceed 30
days from the date of issuance of such license. The fee for such license shall be $26 $30
until January 1, 2004, and $35 thereafter or 1/8 of the annual license fee for such vehicle,
whichever sum is the larger. Where such fee is paid on a truck or truck tractor no registration
or fee shall be required for a trailer or semitrailer duly registered in this or another state
and propelled by such truck or truck tractor. Application for such license shall be made to
the division in the manner and form prescribed by the director and shall be accompanied
by the required fee, which shall be deposited by the director as provided by K.S.A. 8-146,
and amendments thereto.

      (b) Whenever any natural catastrophe or disaster, civil riot or disorder or any other
condition exists in this state that requires or necessitates emergency assistance or aid from
persons owning ambulances, rescue vehicles or utility vehicles which are subject to the
provisions of this section, such persons shall be exempt from the payment of the fee required
in subsection (a) for any such ambulance, rescue vehicle or utility vehicle that is operated
in this state for the purpose of or in connection with rendering such emergency assistance
or aid.

      Sec.  11. On and after January 1, 2000, K.S.A. 8-143c is hereby amended to read as
follows: 8-143c. The owner of any truck or truck tractor, which is registered and licensed
in some other state, not entitled to reciprocal privileges while being operated in interstate
commerce on the highways of this state, and which truck or truck tractor has a gross weight,
as defined in subsection (2) of K.S.A. 8-143, and amendments thereto, in excess of 12,000
pounds, in lieu of payment of the annual license fee for such vehicle pursuant to the
provisions of K.S.A. 8-143, and amendments thereto, or K.S.A. 8-1,101 to 8-1,123, inclusive,
and amendments thereto, may register such vehicle and obtain temporary registration from
the division of vehicles authorizing operation of such vehicle on the highways of this state
in interstate commerce for a period of not to exceed 72 hours. The fee for such temporary
registration is $26 $30 until January 1, 2004, and $35 thereafter, which shall be deposited
by the division as provided by K.S.A. 8-146, and amendments thereto. Where such fee is
paid on a truck or truck tractor no registration or fee shall be required for a trailer or
semitrailer duly registered in this or another state and propelled by such truck or truck
tractor. The secretary of revenue shall adopt rules and regulations to effectuate the purpose
of this section. A temporary registration as provided in this section is not required for a
truck or truck tractor which is registered and licensed in some other state and which operates
between cities and villages in this state and cities and villages in another state which are
within territory designated as a commercial zone by the interstate commerce commission.

      Sec.  12. On and after January 1, 2000, K.S.A. 8-143g is hereby amended to read as
follows: 8-143g. A motor vehicle dealer licensed in this state or in a state contiguous to this
state, who is the owner of a truck or truck tractor which the owner desires to demonstrate
under actual working conditions by having it operated by the prospective purchaser in
interstate or intrastate commerce on the highways of this state, in lieu of obtaining a regular
registration for such vehicle, may obtain from the division, or an agent designated by director
of vehicles, a trip permit authorizing such demonstration and operation for a period of: (a)
Seventy-two hours upon making proper application and the payment of a fee of $26 $30
until January 1, 2004, and $35 thereafter; or (b) fifteen days upon making proper application
and the payment of a fee of $100 $115 until January 1, 2004, and $120 thereafter. The
application shall be to the division on a form prescribed and furnished by the director of
vehicles. The name of the prospective purchaser must be shown on the application. A motor
vehicle dealer may not secure more than four such trip permits in any thirty-day period.
Only one such permit may be used by the same prospective purchaser on the same truck
or truck tractor. Whenever a truck or truck tractor is operated under the authority of a trip
permit issued hereunder it also shall have displayed thereon a dealer's registration plate
which has been issued by this state or a state contiguous to this state to the dealer who is
the owner of such truck or truck tractor. The provision of K.S.A. 8-136, and amendments
thereto, prohibiting the hauling of commodities in excess of two tons by a vehicle displaying
a dealer plate shall not apply to a truck or truck tractor being operated under a trip permit
as authorized by this section. This section shall be construed as a part of and supplementary
to the motor vehicle registration law of this state. All fees collected under this section shall
be paid into the state treasury by the division and the state treasurer shall credit the same
to the state highway fund.

      Sec.  13. On and after January 1, 2000, K.S.A. 8-143h is hereby amended to read as
follows: 8-143h. Except as provided in K.S.A. 8-143k, the owner of any duly registered and
licensed farm truck in this state, engaged in the hauling of grain as provided by subsection
(h) of K.S.A. 66-1,109, and amendments thereto, or chopped forage, and desiring to operate
in intrastate commerce in this state for a temporary period only, in lieu of payment of the
annual license fee, may register such farm truck and obtain a thirty-day license authorizing
operation on the highways of this state for a period of only 30 days from the date of issuance
of such license. The fee for such license shall be $26 $30 until January 1, 2004, and $35
thereafter. Where such fee is paid on a farm truck no registration or fee shall be required
for a trailer duly registered in this or another state and propelled by such farm truck.
Application for such license shall be made to the division of vehicles on such form as the
director of vehicles shall prescribe and shall be accompanied by the required fee, which
shall be deposited by the division as provided by K.S.A. 8-146, and amendments thereto.
The director of vehicles may designate agents to issue the licenses authorized by this act so
that such licenses will be obtainable at convenient locations. This section shall be construed
as supplemental to and a part of the motor vehicle registration laws of this state.

      Sec.  14. On and after January 1, 2000, K.S.A. 8-143i is hereby amended to read as
follows: 8-143i. The owner of any truck or truck tractor which is properly registered and
licensed in this state as a local truck or truck tractor as provided in K.S.A. 8-143, and
amendments thereto, may secure a temporary permit authorizing operation of such vehicle
on the highways of this state beyond the local radius authorized by such annual registration
for a period only of 72 hours from the time of issuance of such permit. The fee for such
permit shall be $26 $30 until January 1, 2004, and $35 thereafter. Application for such
permit shall be made to the division of vehicles on such form as the director of vehicles
shall prescribe and shall be accompanied by the required fee, except that such owner shall
not be entitled to more than 10 such permits in any calendar year. All such fees shall be
deposited by the division as provided by K.S.A. 8-146, and amendments thereto. The division
shall issue appropriate identification for such vehicle to authorize its operation under
provisions of this act and to specify the expiration time of such permit. No truck or truck
tractor shall be authorized to leave the territory of this state under any such 72-hour permit,
nor shall any permit issued under authority of this act entitle any truck or truck tractor or
the owner to reciprocity in any other state. Nothing in this act shall be construed to authorize
the movement of any truck or truck tractor on the highways of this state in violation of any
size, weight, safety or insurance requirement of the laws of this state applicable to such
truck or truck tractor. Nothing in this act shall be construed to authorize the operation of
any motor vehicle in violation of K.S.A. 66-1,111, and amendments thereto.

      Sec.  15. On and after January 1, 2000, K.S.A. 1998 Supp. 8-143j is hereby amended to
read as follows: 8-143j. (a) On and after January 1, 1991, any truck or truck tractor registered
for a gross weight of more than 12,000 pounds which is engaged in farm custom harvesting
operations may be registered in accordance with the schedule for such farm custom
harvesting vehicles, but shall not be registered as a farm truck or farm truck tractor. The
annual license fee for a farm custom harvesting truck or truck tractor shall be as follows:

        (1) On and after January 1, 2000:

For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. $60 $70
For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 100 115
For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 130 150
For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 175 205
For a gross weight of more than 26,000 lbs. and not more than 30,000lbs. 175 205
For a gross weight of more than 30,000 lbs. and not more than 36,000lbs. 210 245
For a gross weight of more than 36,000 lbs. and not more than 42,000lbs. 240 280
For a gross weight of more than 42,000 lbs. and not more than 48,000lbs. 310 360
For a gross weight of more than 48,000 lbs. and not more than 54,000lbs. 410 475
For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 470 545
For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 570 660
For a gross weight of more than 66,000 lbs. and not more than 74,000lbs. 750 865
For a gross weight of more than 74,000 lbs. and not more than 80,000lbs. 880 1,015
For a gross weight of more than 80,000 lbs. and not more than 85,500lbs. 1,000 1,150
        (2) On and after January 1, 2004:

For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. $75
For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 120
For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 160
For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 210
For a gross weight of more than 26,000 lbs. and not more than 30,000lbs. 210
For a gross weight of more than 30,000 lbs. and not more than 36,000lbs. 255
For a gross weight of more than 36,000 lbs. and not more than 42,000lbs. 290
For a gross weight of more than 42,000 lbs. and not more than 48,000lbs. 375
For a gross weight of more than 48,000 lbs. and not more than 54,000lbs. 495
For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 565
For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 685
For a gross weight of more than 66,000 lbs. and not more than 74,000lbs. 900
For a gross weight of more than 74,000 lbs. and not more than 80,000lbs. 1,060
For a gross weight of more than 80,000 lbs. and not more than 85,500lbs. 1,200
        (b) A tab or marker shall be issued and displayed in connection with the regular license
plate for a truck or truck tractor registered as a farm custom harvesting truck or truck tractor.

      (c) Trucks or truck tractors registered under this section shall be eligible for apportioned
registration under the provisions of K.S.A. 8-1,100 et seq., and amendments thereto.

      (d) As used in this section, ``farm custom harvesting operations'' means a person, firm,
partnership, association or corporation engaged in farm custom harvesting operations if a
truck or truck tractor is used to:

      (1) Transport farm machinery, supplies, or both, to or from a farm, for custom
harvesting operations on a farm;

      (2) transport custom harvested crops only from a harvested field to initial storage or to
initial market locations; or

      (3) transport agricultural products produced by such owner or commodities purchased
by such owner for use on the farm owned or rented by the owner of such vehicle.

      Sec.  16. On and after January 1, 2000, K.S.A. 8-143k is hereby amended to read as
follows: 8-143k. (a) The owner of any truck or truck tractor which is duly registered and
licensed in some other state and is engaged in farm custom harvesting operations and
desiring to operate in intrastate commerce in this state for a temporary period only, may
obtain a harvest permit, in lieu of the thirty-day license in K.S.A. 8-143b or 8-143h, and
amendments thereto, authorizing the operation of such truck or truck tractor on the
highways of this state for a period of not to exceed 60 days from the date of issuance of
such permit. For a foreign-based truck or truck tractor, the fee for each permit shall be $26
$30 until January 1, 2004, and $35 thereafter or 1/6 of the annual license fee for such vehicle,
whichever sum is the larger. Where such fee is paid on a truck or truck tractor, no
registration or fee shall be required for a trailer or semitrailer duly registered in this or
another state and propelled by such truck or truck tractor. Application for such harvest
permit shall be made to the division of vehicles of the department of revenue. The secretary
of revenue may adopt rules and regulations to implement the provisions of this section.

      (b) For the purpose of this section, ``farm custom harvesting operations'' means a
person, firm, partnership, association or corporation engaged in farm custom harvesting
operations if the truck or truck tractor is used to:

      (1) Transport farm machinery, supplies, or both, to or from a farm, for custom
harvesting operations on a farm;

      (2) transport custom harvested crops only from a harvested field to initial storage or to
initial market locations; or

      (3) transport agricultural products produced by such owner or commodities purchased
by such owner for use on the farm owned or rented by the owner of such vehicle.

      Sec.  17. On and after January 1, 2000, K.S.A. 1998 Supp. 8-172 is hereby amended to
read as follows: 8-172. (a) Except as provided in subsection (c), license plates issued for
antique vehicles shall be distinctive and shall contain the words ``Kansas'' and ``antique'' and
there shall be no year date thereon. The numbering system shall consist of combinations of
not more than seven letters of the alphabet or numerals or a combination of such letters
and numerals. The combinations of such letters and numerals shall be at the direction of
the director of vehicles, except that any person owning an antique vehicle, other than an
antique motorcycle, may make application for a special combination of letters and numerals
not exceeding seven. Antique motorcycle license plates shall be the same as other antique
vehicle license plates, except the numbering system shall consist of not more than five letters
of the alphabet or numerals or a combination of letters and numerals. Such application shall
be made in a manner prescribed by the director of vehicles and shall be accompanied by a
special combination fee of $40. Unless the combination of letters or numerals designated
by the applicant have been assigned to another antique vehicle registered in this state, or
unless the combination of letters or numerals designated by the applicant have a profane,
vulgar, lewd or indecent meaning or connotation, as determined by the director, the division
shall assign such combination of letters to the applicant's vehicle.

      (b) 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 registration fee for any
antique vehicle shall be $40 $45 until January 1, 2004, and $50 thereafter and once paid
shall not be required to be renewed.

      (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.  18. On and after January 1, 2000, K.S.A. 8-195 is hereby amended to read as
follows: 8-195. (a) Any person who is the owner of a special interest vehicle or street rod
vehicle at the time of making application for registration or transfer of title of the vehicle
may upon application register the same as a special interest vehicle or street rod vehicle
upon payment of an annual fee of $26 $30 until January 1, 2004, and $35 thereafter and
be furnished each year upon the payment of such fee license plates of a distinctive design
in lieu of the usual license plates which shall show in addition to the identification number,
that the vehicle is a special interest vehicle or that the vehicle is a special interest vehicle
and it meets the qualifications of a street rod, as the case may be, owned by a Kansas
collector. The registration shall be valid for one year and may be renewed by payment of
such annual fee. Special interest vehicles including street rod vehicles may be used as are
other vehicles of the same type, except that special interest vehicles including street rod
vehicles may not transport passengers for hire, nor haul material weighing more than 500
pounds.

      (b) Each collector applying for special interest vehicle or street rod vehicle license plates
will be issued a collector's identification number which will appear on each license plate.
Second and all subsequent registrations under this section by the same collector will bear
the same collector's identification number followed by a suffix letter for vehicle
identification.

      (c) A collector must own and have registered one or more vehicles with regular license
plates which are used for regular transportation.

      Sec.  19. On and after January 1, 2000, K.S.A. 8-2406 is hereby amended to read as
follows: 8-2406. (a) The annual fee for the first dealer license plate is $275 $320 until January
1, 2004, and $330 thereafter, and the annual fee for additional dealer license plates shall be
an amount equal to the amount required to register a passenger vehicle having a gross
weight of less than 4,500 pounds, except that the annual fee for dealer license plates used
by trailer dealers on trailers which they have purchased or own and are holding for resale
shall be $25 $30 for each plate. To determine the number of dealer license plates the dealer
needs, the director may base the decision on the dealer's past sales, inventory and any other
pertinent factors as the director may determine. After the end of the first year of licensure
as a dealer, not more than one dealer license plate shall be issued to any dealer who has
not reported to the division the sale of at least five motor vehicles in the preceding year.
There shall be no refund of fees for dealer license plates in the event of suspension,
revocation or voluntary cancellation of a license. The director is hereby authorized to
designate by identifying symbols on a dealer's license plate the type of dealer's license that
the person has been issued. If a dealer has an established place of business in more than
one county, such dealer shall secure a separate and distinct dealer's license and dealer license
plates for each established place of business.

      (b) New motor vehicle dealers and used motor vehicle dealers may authorize use of
dealer license plates assigned to such motor vehicle dealers as follows:

      (1) The licensed motor vehicle dealer and such dealer's spouse;

      (2) the sales manager and all other sales personnel when such manager and sales
personnel are properly licensed in Kansas, except that no dealer license plate shall be
assigned to sales personnel who are working at the established place of business of the dealer
less than 20 hours per week;

      (3) any employee of such motor vehicle dealer when the use thereof is directly
connected to a particular business transaction of such motor vehicle dealer;

      (4) the customer when operating a motor vehicle in connection with negotiations to
purchase such motor vehicle or during a demonstration of such motor vehicle;

      (5) any school district and any accredited nonpublic school which has entered into an
agreement with a dealer to use a motor vehicle as a driver training motor vehicle, as defined
in K.S.A. 72-5015, and amendments thereto, in an approved driver training course.

      (c) A wholesaler dealer may authorize the use of dealer license plates on vehicles
purchased by the wholesaler for resale to a retail vehicle dealer as follows:

      (1) To transport or operate a vehicle to or from a licensed retail or wholesale vehicle
dealer for the purpose of buying, selling, or offering or attempting to negotiate a sale of the
vehicle to a licensed vehicle dealer;

      (2) to deliver a vehicle purchased from the wholesale vehicle dealer to a purchasing
vehicle dealer.

      (d) Salvage vehicle dealers may use dealer license plates only on vehicles which they
have purchased for salvage, including dismantling, disassembling or recycling.

      (e) Insurance companies may use dealer license plates only on vehicles purchased or
acquired for salvage in the course of business of the insurance company.

      (f) Lending agencies may use dealer license plates only on vehicles which they have
repossessed or are holding for disposition due to repossession.

      (g) Trailer dealers may use dealer license plates only on trailers which they have
purchased or own and are holding for resale.

      (h) Brokers are not entitled to be assigned or to use any dealer license plates.

      (i) Except as provided above, dealer license plates shall be used only in accordance with
the provisions of K.S.A. 8-136, and amendments thereto. This subsection (i) does not apply
to K.S.A. 8-2425, and amendments thereto, or full-privilege license plates issued thereunder.

      Sec.  20. On and after January 1, 2000, K.S.A. 8-2409 is hereby amended to read as
follows: 8-2409. (a) Any dealer may purchase from the division of vehicles thirty-day
temporary registration permits, in multiples of five permits valid for 30 days at a cost of $3
$4 each. Such dealer shall have completed the application and permit as required by the
division and mail a copy of such application to the division within 24 hours from the date
of issuance. Such registration shall not extend the date when registration fees are due, but
shall be valid registration for a period of 30 days from date of issuance. The dealer upon
presentation of evidence of ownership in the applicant and evidence that the sales tax has
been paid, if due, shall issue a sticker or paper registration as determined by the division.
No dealer, or county treasurer, as authorized by K.S.A. 8-143, and amendments thereto,
shall issue more than one thirty-day temporary registration permit to the purchaser of a
vehicle.

      (b) The division of vehicles may deny any dealer the authority to purchase thirty-day
temporary permits if the vehicle dealer is delinquent in monthly sales reports to the division
for two months or more or if the vehicle dealer is found to have issued more than one thirty-
day permit to the purchaser of a vehicle.

      (c) The temporary registration authorized by this section shall not entitle a truck, truck
tractor or any combination of truck or truck tractor and any type of trailer or semitrailer to
be operated under laden conditions, except that such temporary registration shall authorize
any such vehicle or combination of vehicles to be operated under laden conditions for 48
hours after the time of issuance of the temporary permit.'';

      By renumbering sections accordingly;

      On page 21, following line 35, by inserting the following:

      ``Sec.  28. K.S.A. 68-2320 is hereby amended to read as follows: 68-2320. (a) On and
after July 1, 1991, the secretary of transportation is hereby authorized and empowered to
issue bonds of the state of Kansas, payable solely from revenues accruing to the state highway
fund and transferred to the highway bond debt service fund and pledged to their payment,
for the purpose of providing funds to pay costs relating to construction, reconstruction,
maintenance or improvement of highways in this state and to pay all expenses incidental
thereto and to the bonds. The secretary is hereby authorized to issue bonds the total
principal amount of which shall not exceed $890,000,000.

      (b) In addition to the provisions of subsection (a), on and after July 1, 1999, the secretary
of transportation is hereby authorized and empowered to issue bonds of the state of Kansas,
payable solely from revenues accruing to the state highway fund and transferred to the
highway bond debt service fund and pledged to their payment, for the purpose of providing
funds to pay costs relating to construction, reconstruction, maintenance or improvement of
highways in this state and to pay all expenses incidental thereto and to the bonds. The
secretary is hereby authorized to issue bonds the total principal amount of which shall not
exceed $990,000,000.

      (c) In accordance with procurement statutes, the secretary may contract with financial
advisors, attorneys and such other professional services as the secretary deems necessary to
carry out the provisions of this act, and to do all things necessary or convenient to carry out
the powers expressly granted in this act.

      Sec.  29. K.S.A. 1998 Supp. 68-2321 is hereby amended to read as follows: 68-2321. (a)
Bonds issued shall be authorized by resolution of the secretary. The secretary shall
determine the form and manner of the execution of the bonds and the bonds may be made
exchangeable for bonds of another denomination or in another form. The bonds shall be
dated and. Bonds issued under subsections (a) and (b) of K.S.A. 68-2320, and amendments
thereto shall mature not more than 20 years from their date. The bonds may be in such
form and denominations, may bear interest payable at such times and at such rate or rates,
may be payable at such places within or without the state, may be subject to such terms of
redemption in advance of maturity at such prices, and may contain such terms and
conditions, all as the secretary shall determine. The bonds shall have all the qualities of and
shall be deemed to be negotiable instruments under the laws of the state of Kansas. The
authorizing resolution may contain any other terms, covenants and conditions that the
secretary deems reasonable and desirable.

      (b) The proceeds from the sale of the bonds authorized to be issued under this section
are deemed to be trust funds which shall be deposited in the custody of the state treasurer
in the highway bond proceeds fund which is hereby created. The secretary shall have
responsibility for the management and control of the highway bond proceeds fund and shall
provide, by resolution, for both amounts and the duration of investments of moneys in such
fund. Such resolution may recommend investment and reporting policies, including
acceptable levels of return, risk and security. After consultation with the secretary and
subject to the terms, covenants and conditions provided in the resolutions providing for the
issuance of such bonds, the director of investments shall have the authority to invest and
reinvest moneys in such fund and to acquire, retain, manage, including the exercise of any
voting rights, and dispose of investments of such fund. In investing or reinvesting moneys
in such fund, there shall be exercised the judgment and care under the circumstances then
prevailing which persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not in regard to speculation but in regard to the permanent
disposition of their funds, considering the probable income as well as the probable safety
of their capital, except that moneys of the fund may not be invested in common stocks.
Notwithstanding anything to the contrary, all interest or other income of the investments,
after payment of any management fees, of the highway bond proceeds fund shall be credited
to the highway bond debt service fund, until payments on bonds authorized by this act and
interest thereon has been fully funded. Thereafter, earnings and other income shall be
credited to the state highway fund.

      (c) The authorizing resolution may provide for the execution of a trust indenture. The
trust indenture may contain any terms, covenants and conditions that are deemed desirable
by the secretary, including, without limitation, those pertaining to the maintenance of various
funds and reserves, the nature and extent of any security for payment of the bonds, the
custody and application of the proceeds of the bonds, the collection and disposition of bond
proceeds and earnings thereon, the investing for authorized purposes, and the rights, duties
and obligations of the secretary and the holders and registered owners of the bonds.

      (d) Any authorizing resolution and trust indenture relating to the issuance and security
of the bonds may set forth covenants, agreements and obligations therein, which may be
enforced by mandamus or other appropriate proceeding at law or in equity.

      (e) The bonds may be issued under the provisions of this act without obtaining the
consent of any department, division, commission, board, bureau or agency of the state and
without any other proceedings or the happening of any other conditions or things than those
proceedings, conditions or things which are specifically required by this act.'';

      By renumbering sections accordingly;

      On page 27, following line 18, by inserting the following:

      ``Sec.  40. K.S.A. 1998 Supp. 79-3408c is hereby amended to read as follows: 79-3408c.
(a) A tax is hereby imposed on the use, sale or delivery of all motor-vehicle fuel or special
fuel owned at 12:01 a.m. July 1, 1989 1999, and on July 1 of each year thereafter, by any
licensed distributor or licensed retailer at a rate per gallon, or fraction thereof, equal to the
amount, if any, by which the tax per gallon, or fraction thereof, in effect on such date as
prescribed by K.S.A. 79-3408, and amendments thereto, exceeds the rate of tax upon such
motor-vehicle fuel or special fuel which was in effect on the preceding day. Such tax shall
be paid by the licensed distributor or licensed retailer owning such motor-vehicle fuel or
special fuel at such time and date. On or before the 25th day of the month in which a tax
is imposed under this section, every such distributor and retail dealer shall make a report
to the director on a form prescribed and furnished by the director showing the total number
of gallons, or fraction thereof, of such motor-vehicle fuel or special fuel owned at the time
the tax is imposed under this section and such report shall be accompanied by a remittance
of the tax due.

      Any licensed distributor or licensed retailer who shall fail to make such report or pay such
tax, within the time prescribed, shall be subject to the same penalties and interest charges
prescribed by the motor-vehicle fuel or special fuel tax law for failure of a licensed distributor
to make monthly reports and payments of motor-vehicle fuel or special fuel tax. The
provisions of the motor-fuel tax law relating to remedies for the collection of delinquent
motor-fuel taxes from distributors shall apply to the collection of taxes imposed by this
section which have become delinquent from licensed distributors and licensed retailers. All
taxes, penalties and interest collected by the director under the tax imposed by this section
shall be paid by the director into the state treasury and the state treasurer shall credit the
same to the funds and in the amounts specified in K.S.A. 79-34,142, and amendments
thereto.

      (b) Whenever the rate of tax upon motor-vehicle fuels or special fuels fixed pursuant
to K.S.A. 79-3408, and amendments thereto, which become effective on July 1, 1989 1999,
or on July 1 in any year thereafter is less than the rate of tax upon such fuel in effect on the
preceding day, the licensed distributor or licensed retailer owning such fuel at 12:01 a.m.
on the date such reduction in taxes becomes effective shall be entitled to a refund of taxes
paid upon such fuel in an amount equal to the amount by which taxes were reduced from
the amount of motor-vehicle fuels or special fuels taxes per gallon, or fraction thereof,
actually paid upon each gallon, or fraction thereof, of motor-vehicle fuels or special fuels
multiplied by the number of gallons of motor-vehicle fuels or special fuels owned by the
distributor or dealer on such date. On or before the 25th day of the month in which such
tax is reduced, every such distributor and retailer shall make a report to the director on a
form prescribed and furnished by the director showing the total number of gallons of such
motor-vehicle fuel or special fuel owned by such distributor or retailer at 12:01 a.m. on the
date upon which such tax was reduced. It shall be the duty of the director of taxation to
examine all such claims and determine the amount to which each claimant is entitled. In
the event any distributor or retailer entitled to such refund shall owe the state any motor-
vehicle fuel or special fuel tax, penalties, or interest, the refund authorized by this section
shall upon being determined by the director be credited upon the amount of such taxes,
penalties and interest. Whenever the director shall determine that any distributor or retailer
shall be entitled to a refund under any of the provisions of this section, and such refund
cannot be effected by giving credit therefor, as hereinbefore provided, or against the future
motor-vehicle fuel or special fuel tax liability of such taxpayer the director shall certify the
amount of the refund to the state director of accounts and reports, who shall draw a warrant
for the amount so certified on the state treasurer in favor of the distributor or retailer entitled
to such refund, and mail, or otherwise deliver, the same to the distributor entitled thereto.
Such warrant shall be paid by the state treasurer to such distributor or retailer from the
motor-vehicle fuel or special fuel tax refund fund.

      (c) The provisions of this section shall not apply to any licensed retailer who is a native
American whose licensed place of business or businesses are located on such retailer's
reservation, nor to any native American tribes having licensed places of business or
businesses located on such tribe's reservation.'';

      By renumbering sections accordingly;

      On page 31, following line 26, by inserting the following:

      ``Sec.  43. K.S.A. 79-3491a is hereby amended to read as follows: 79-3491a. (a) A tax is
hereby imposed on all LP-gas motor fuels owned at 12:01 a.m. July 1, 1989 1999, and on
July 1 of each year thereafter, by any LP-gas motor fuels user or LP-gas motor fuels dealer
at a rate per gallon, or fraction thereof, equal to the amount, if any, by which the tax per
gallon, or fraction thereof, in effect on such date as prescribed by K.S.A. 79-3492, and
amendments thereto, exceeds the rate of tax per gallon actually paid upon such fuel. Such
tax shall be paid by the LP-gas motor fuel user or LP-gas motor fuel dealer owning such
LP-gas motor fuels at such time and date. On or before the 25th day of the month in which
such tax is imposed under this section, every such LP-gas motor fuel user and LP-gas motor
fuel dealer shall make a report to the director on a form prescribed and furnished by the
director showing the total number of gallons, or fraction thereof, of such LP-gas motor fuels
owned by the user or dealer at the time the tax is imposed under this section, and such
report shall be accompanied by a remittance of the tax due.

      Any LP-gas motor fuels user or LP-gas motor fuels dealer who shall fail to make such
report or pay such tax, within the time prescribed, shall be subject to the same penalties
and interest charges prescribed by the liquefied petroleum motor fuel tax law for failure of
a licensed distributor to make monthly reports and payments of LP-gas motor fuel tax. The
provisions of the liquefied petroleum motor fuel tax law relating to remedies for the
collection of delinquent LP-motor fuel taxes from distributors shall apply to the collection
of taxes imposed by this section which have become delinquent from LP-gas motor fuels
users and LP-gas motor fuels dealers. All taxes, penalties and interest collected by the
director under the tax imposed by this section shall be paid by the director into the state
treasury and the state treasurer shall credit the same to the funds and in the amounts
specified in K.S.A. 79-34,142, and amendments thereto.

      The words and phrases used in this section shall have the meanings ascribed to them in
K.S.A. 79-3490, and amendments thereto.

      (b) Whenever the rate of tax upon LP-gas motor fuels fixed pursuant to K.S.A. 79-3492,
and amendments thereto, which becomes effective on July 1, 1989 1999, or on July 1 in
any year thereafter, is less than the rate of tax upon such fuels in effect on the preceding
day, the user or dealer owning such fuels at 12:01 a.m. on the date such reduction in taxes
becomes effective shall be entitled to a refund of taxes paid upon such fuels in an amount
equal to the amount by which taxes were reduced from the amount of tax per gallon, or
fraction thereof, actually paid upon each gallon, or fraction thereof, of LP-gas motor fuels
multiplied by the number of gallons of fuel owned by the user or dealer on such date. On
or before the 25th day of the month in which such tax is reduced, every such user or dealer
shall make a report to the director on a form prescribed and furnished by the director
showing the total number of gallons of such LP-gas motor fuels owned by such user or
dealer at 12:01 a.m. on the date upon which such tax was reduced. It shall be the duty of
the director of taxation to examine all such claims and determine the amount to which any
claimant is entitled. In the event any user or dealer entitled to such refund shall owe the
state any LP-gas motor fuels tax, penalties or interest, the refund authorized by this section
shall upon being determined by the director be credited upon the amount of such taxes,
penalties and interest. Whenever the director shall determine that any user or dealer shall
be entitled to a refund under any of the provisions of this section, and such refund cannot
be effected by giving credit therefor, as hereinbefore provided, or against the future LP-
gas motor fuel tax liability of such taxpayer the director shall certify the amount of the
refund to the state director of accounts and reports, who shall draw a warrant for the amount
so certified on the state treasurer in favor of the user or dealer entitled to such refund, and
mail, or otherwise deliver, the same to the user or dealer entitled thereto. Such warrant
shall be paid by the state treasurer to such user or dealer from the LP-gas motor fuels tax
refund fund which is hereby established in the state treasury.

      (c) A fund designated as the LP-gas motor fuels tax refund fund not to exceed
$1,000,000 shall be set apart and maintained by the director of taxation from the LP-gas
motor fuels tax collected under the provisions of article 34 of chapter 79 of Kansas Statutes
Annotated, and amendments thereto, and held by the state treasurer for the payment of all
refunds authorized by this section.

      Sec.  44. K.S.A. 79-3492b is hereby amended to read as follows: 79-3492b. Alternatively
to the methods otherwise set forth in this act, special LP-gas permit users operating motor
vehicles on the public highways of this state may upon application to the director on forms
prescribed by the director elect to pay taxes in advance on LP-gas for each and every motor
vehicle owned or operated by them and propelled in whole or in part with LP-gas during
the calendar year and thereafter to purchase LP-gas tax free in lieu of securing a bonded
user's permit and filing monthly reports and tax payments and keeping the records otherwise
provided for in this act. The amount of such tax for each motor vehicle shall, except as
otherwise provided, be based upon the gross weight of the motor vehicle and the number
of miles it was operated on the public highways of this state during the previous year
pursuant to the following schedule schedules:





    In the event any additional motor vehicles equipped to use LP-gas as a fuel are placed in
operation by a special LP-gas permit user after the first month of any calendar year, a tax
shall become due and payable to this state and is hereby imposed at the tax rate prescribed
herein prorated on the basis of the weight and mileage for the months operated in the
calendar year. The director shall issue special permit decals for each motor vehicle on which
taxes have been paid in advance as provided herein, which shall be affixed on each such
vehicle in the manner prescribed by the director.'';

      By renumbering sections accordingly;

      On page 32, following line 3, by inserting the following:

      ``Sec.  46. K.S.A. 79-34,118 is hereby amended to read as follows: 79-34,118. Upon
application to the director of taxation and payment of the fee prescribed under this section
any interstate motor fuel user may obtain a trip permit which will authorize one commercial
motor vehicle to be operated within this state without compliance with the other provisions
of the interstate motor fuel use act and in lieu of the tax imposed by K.S.A. 79-34,109 and
amendments thereto. The fee for each trip permit issued under this section shall be $12.50
until July 1, 2020, and $10 thereafter. The secretary of revenue shall adopt rules and
regulations specifying the conditions under which trip permits will be issued and providing
for the issuance thereof. The secretary may designate agents or contract with private
individuals, firms or corporations to issue such trip permits so that such permits will be
obtainable at convenient locations.'';

      By renumbering sections accordingly;

      Also on page 32, following line 35, by inserting:

      ``Sec.  48. K.S.A. 79-34,141 is hereby amended to read as follows: 79-34,141. (a) On
and after July 1, 1999, until July 1, 2020, the tax imposed under this act shall be not less
than:

      (1) On motor-vehicle fuels, $.23 per gallon, or fraction thereof;

      (2) on special fuels, $.25 per gallon, or fraction thereof; and

      (3) on LP-gas, $.22 per gallon, or fraction thereof.

      (b) On and after July 1, 1992 2020, the tax rates imposed under this act shall be not
less than:

      (a) (1) On motor-vehicle fuels, $.18 per gallon, or fraction thereof;

      (b) (2) on special fuels, $.20 per gallon, or fraction thereof; and

      (c) (3) on LP-gas, $.17 per gallon, or fraction thereof.'';

      By renumbering sections accordingly;

      Also on page 32, in line 40, by striking ``55.3%'' and inserting ``64.85%''; in line 41, by
striking ``44.7%'' and inserting ``35.15%'';

      On page 33, in line 1, by striking ``October 1, 1999, January 1, 2000 and April 1, 2000,''
and inserting ``and quarterly thereafter''; in line 3, by striking ``9%'' and inserting ``7.628%'';
in line 7, by striking ``2000'' and inserting ``2001''; in line 9, by striking ``10%'' and inserting
``9.788%''; following line 12, by inserting the following:

      ``(3) On July 1, 2002, and quarterly thereafter, the secretary of revenue shall certify to
the director of accounts and reports the amount equal to 11.384% of the total revenues
received by the secretary from the taxes imposed under the Kansas retailers' sales tax act
and deposited in the state treasury and credited to the state general fund during the
preceding three calendar months.

      (4) On July 1, 2003, and quarterly thereafter, the secretary of revenue shall certify to
the director of accounts and reports the amount equal to 11.35% of the total revenues
received by the secretary from the taxes imposed under the Kansas retailers' sales tax act
and deposited in the state treasury and credited to the state general fund during the
preceding three calendar months.

      (5) On July 1, 2004, and quarterly thereafter, the secretary of revenue shall certify to
the director of accounts and reports the amount equal to 12.5% of the total revenues
received by the secretary from the taxes imposed under the Kansas retailers' sales tax act
and deposited in the state treasury and credited to the state general fund during the
preceding three calendar months.

      (6) On July 1, 2005, and quarterly thereafter, the secretary of revenue shall certify to
the director of accounts and reports the amount equal to 13.5% of the total revenues
received by the secretary from the taxes imposed under the Kansas retailers' sales tax act
and deposited in the state treasury and credited to the state general fund during the
preceding three calendar months.

      (7) On July 1, 2006, and quarterly thereafter, the secretary of revenue shall certify to
the director of accounts and reports the amount equal to 14% of the total revenues received
by the secretary from the taxes imposed under the Kansas retailers' sales tax act and
deposited in the state treasury and credited to the state general fund during the preceding
three calendar months.'';

      Also on page 33, in line 21, preceding the period by inserting ``, on each July 1, October
1, January 1 and April 1, except that the amount of the transfer on each such date during
state fiscal year 2000 shall not exceed the amount equal to 101.7% of the amount of the
transfer on each such date during state fiscal year 1999 and the amount of the transfer on
each such date during state fiscal year 2001 shall not exceed the amount equal to 101.7%
of the amount transferred on the same date during state fiscal year 2000. All transfers made
pursuant to this section are subject to reduction under K.S.A. 75-6704, and amendments
thereto''; in line 39, by striking ``The'' and inserting ``On and after the effective date of this
act, the''; in line 40, by striking all following ``shall''; by striking all in lines 41 and 42; in line
43, by striking all preceding the period, and inserting ``conduct and analyze noise studies
when the secretary participates in highway reconstruction projects which add through traffic
lanes'';

      On page 34, by striking all in lines 1 through 14; in line 16, by striking all following
``measures''; by striking all of lines 17 and 18 and inserting ``when it is determined by the
secretary that the overall noise abatement benefits''; in line 26, preceding ``75-5032'' by
inserting ``68-2320,''; in line 28, by striking ``79-34,104, 79-34,126'' and inserting ``79-3491a,
79-3492b, 79-34,104, 79-34,118, 79-34,126, 79-34,141''; in line 29, following ``68-2314'' by
inserting ``, 68-2321, 79-3408c''; following line 30, by inserting the following:

 ``Sec.  55. On and after January 1, 2000, K.S.A. 8-143b, 8-143c, 8-143g, 8-143h, 8-143i,
8-143k, 8-195, 8-2406 and 8-2409 and K.S.A. 1998 Supp. 8-143, 8-143j and 8-172 are hereby
repealed.'';

      By renumbering sections accordingly;

      In the title, in line 13, following ``K.S.A.'' by inserting ``8-143b, 8-143c, 8-143g, 8-143h,
8-143i, 8-143k, 8-195, 8-2406, 8-2409,''; in line 15, preceding ``75-5032'' by inserting ``68-
2320,''; in line 16, by striking ``79-34,104, 79-34,126'' and inserting ``79-3491a, 79-3492b,
79-34,104, 79-34,118, 79-34,126, 79-34,141''; in line 17, following ``Supp.'' by inserting ``8-
143, 8-143j, 8-172,''; in line 18, preceding ``and'' where it appears for the first time by
inserting ``, 68-2321, 79-3408c''; and the bill be passed as amended.

      The Committee on Public Health and Welfare recommends SB 350 be amended on
page 1, in line 15, after ``drug'' by inserting ``, drug intended for human use by hypodermic
injection''; in line 18, after ``drug'' by inserting ``, drug intended for human use by
hypodermic injection''; in line 22, before ``sold'' by inserting ``offered for sale or''; in line
24, before ``Any'' by inserting ``No more than 12 different nonprescription drugs products
shall be offered for sale or sold through any one vending machine.''; in line 25, by striking
all after ``located''; in line 26, by striking all before ``offered'' and inserting ``so that the drugs
stored in such vending machine are stored in accordance with drug manufacturer's
requirements. Drugs''; in line 27, after the period, by inserting ``Each vending machine
through which nonprescription drugs are offered for sale or sold shall have an obvious and
legible statement on the machine that identifies the owner of the medicine, a toll-free
telephone number at which the consumer may contact the owner of the machine, a
statement advising the consumer to check the expiration date of the product before using
the product and the telephone number of the state board of pharmacy. As used in this
subsection, ``nonprescription drug'' does not include any prescription medicine,
prescription-only drug, drug intended for human use by hypodermic injection or poison.'';
and the bill be passed as amended.

 Also HB 2033, as amended by House Committee, be amended on page 7, in line 15, by
striking ``one-year'' and inserting ``two-year''; in line 24, by striking ``one year'' and inserting
``two years''; in line 30, by striking ``one-year'' and inserting ``two-year''; in line 33, by striking
``one-year'' and inserting ``two-year'';

      On page 8, in line 2, by striking ``one-year'' and inserting ``two-year''; and the bill be
passed as amended.

 Committee on Ways and Means recommends SB 342 be amended on page 1, in line
32, after the period, by inserting: ``Any reimbursement of an invitee's travel and subsistence
expenses paid by a state educational institution pursuant to this subsection shall constitute
compensation for the invitee.'';

      On page 2, in line 14, after the period, by inserting: ``Any reimbursement of moving
expenses made to any applicant pursuant to this subsection shall constitute compensation
for the applicant''; in line 31, by striking ``statute book'' and inserting ``Kansas register''; and
the bill be passed as amended.

REPORT ON ENROLLED BILLS
 SB 128, 145 reported correctly enrolled, properly signed and presented to the Governor
on March 19, 1999.

   On motion of Senator Emert the Senate adjourned until 2:30 p.m., Monday, March 22,
1999.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.