Session Law

Identifying Information:L. 2003 ch. 124
Other Identifying Information:2003 House Bill 2160
Tax Type:Other
Brief Description:An Act relating to the state corporation commission; concerning motor carriers; relating to certain fees; amending K.S.A. 8-142, 8-2107, 32-1009, 44-503c, 60-305a, 65-1626, 65- 4101, 65-4116, 65-7004, 66-1,105, 66-1,108, 66-1,109, 66-1,111, 66-1,112, 66-1,112h, 66-1,114, 66-1,114b, 66-1,115, 66-1,115a, 66-1,116, 66-1,119, 66-1,126, 66-1,128, 66- 1,129, 66-1,129a, 66-1,130, 66-1,139, 66-1,140, 66-1a01, 66-1313a, 79-6a01, 79-6a02 and 79-6a03 and K.S.A. 2002 Supp. 8-2,127 and repealing the existing sections; also repealing K.S.A. 66-1,112a, 66-1,112b, 66-1,112c, 66-1,112d, 66-1,112e and 66-1,112f.
Keywords:


Body:


CHAPTER 124

HOUSE BILL No. 2160


An Act relating to the state corporation commission; concerning motor carriers; relating to

certain fees; amending K.S.A. 8-142, 8-2107, 32-1009, 44-503c, 60-305a, 65-1626, 65-

4101, 65-4116, 65-7004, 66-1,105, 66-1,108, 66-1,109, 66-1,111, 66-1,112, 66-1,112h,

66-1,114, 66-1,114b, 66-1,115, 66-1,115a, 66-1,116, 66-1,119, 66-1,126, 66-1,128, 66-

1,129, 66-1,129a, 66-1,130, 66-1,139, 66-1,140, 66-1a01, 66-1313a, 79-6a01, 79-6a02 and

79-6a03 and K.S.A. 2002 Supp. 8-2,127 and repealing the existing sections; also repealing


K.S.A. 66-1,112a, 66-1,112b, 66-1,112c, 66-1,112d, 66-1,112e and 66-1,112f.


Be it enacted by the Legislature of the State of Kansas:

New Section 1. Contract motor carriers transporting household

goods or passengers holding permits issued by the commission under the

former authority of K.S.A. 66-1,112a, 66-1,112b or 66-1,112c, and amend-

ments thereto, shall now be considered as holding certificates of conven-

ience and necessity to transport such household goods and passengers as

originally granted to that motor carrier by the commission. Contract mo-

tor carriers transporting property other than household goods or trans-

porting passengers and holding permits issued by the commission under

the former authority of K.S.A. 66-1,112a, 66-1,112b or 66-1,112c, and

amendments thereto, shall now be considered as holding certificates of

public service to transport such property other than household goods or

transporting passengers as originally granted to that motor carrier by the

commission. Contract motor carriers with rates and tariffs on file with the

commission under the authority of K.S.A. 66-1,112 and 66-1,112f, and

amendments thereto, shall be considered public motor carriers with the

same rates and tariffs on file with the commission.

Sec. 2. K.S.A. 8-142 is hereby amended to read as follows: 8-142. It

shall be unlawful for any person to commit any of the following acts and

except as otherwise provided, violation is subject to penalties provided in

K.S.A. 8-149, and amendments thereto:

First: To operate, or for the owner thereof knowingly to permit the

operation, upon a highway of any vehicle, as defined in K.S.A. 8-126, and

amendments thereto, which is not registered, or for which a certificate

of title has not been issued or which does not have attached thereto and

displayed thereon the license plate or plates assigned thereto by the di-

vision for the current registration year, including any registration decal

required to be affixed to any such license plate pursuant to K.S.A. 8-134,

and amendments thereto, subject to the exemptions allowed in K.S.A. 8-

135, 8-198 and 8-1751a, and amendments thereto.

Second: To display or cause or permit to be displayed, or to have in

possession, any registration receipt, certificate of title, registration license

plate, registration decal, accessible parking placard or accessible parking

identification card knowing the same to be fictitious or to have been

canceled, revoked, suspended or altered. A violation of this part Second

shall constitute an unclassified misdemeanor punishable by a fine of not

less than $100 and forfeiture of the item. A mandatory court appearance

shall be required of any person violating this part Second. This part Sec-

ond shall not apply to the possession of: (a) Model year license plates

displayed on antique vehicles as allowed under K.S.A. 8-172, and amend-

ments thereto; or (b) distinctive license plates allowed under K.S.A. 8-

1,147, and amendments thereto.

Third: To lend to or knowingly permit the use by one not entitled

thereto any registration receipt, certificate of title, registration license

plate or registration decal issued to the person so lending or permitting

the use thereof.

Fourth: To fail or refuse to surrender to the division, upon demand,

any registration receipt, certificate of title, registration license plate or

registration decal which has been suspended, canceled or revoked.

Fifth: To use a false or fictitious name or address in any application for

a certificate of title, the registration of any vehicle or for any renewal or

duplicate thereof, or knowingly to make a false statement or knowingly

to conceal a material fact or otherwise commit a fraud in any such appli-

cation.

Sixth: For the owner of a motor vehicle to file application for the reg-

istration thereof, in any county other than the county in which the owner

of the vehicle resides or has a bona fide place of business, which place is

not an office or facility established or maintained solely for the purpose

of obtaining registration.

Seventh: To operate on the highways of this state a vehicle or combi-

nation of vehicles whose weight with cargo is in excess of the gross weight

for which the truck or truck tractor propelling the same is registered,

except as provided by K.S.A. 8-143, and amendments thereto, and sub-

sections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.

Such gross weight shall not be required to be in excess of the limitations

described by K.S.A. 8-1908 and 8-1909, and amendments thereto, for

such vehicle or combination of vehicles of which it is a part. Any person

or owner who operates a vehicle in this state with a registration in violation

of subsection (2) of K.S.A. 8-143, and amendments thereto, shall be re-

quired to pay the additional fee equal to the fee required by the applicable

registration fee schedule, less the amount of the fee required for the gross

weight for which the vehicle is registered to obtain the proper registration

therewith. A fine of $75 shall be assessed for all such gross weight reg-

istration violations.

Eighth: To operate a local truck or truck tractor which is registered for

a gross weight of more than 12,000 pounds as a common or contract

carrier outside a radius of three miles beyond the corporate limits of the

city in which such vehicle was based when registered and licensed or to

operate any other local truck or truck tractor licensed for a gross weight

of more than 12,000 pounds outside a radius of 25 miles beyond the

corporate limits of the city in which such vehicle was based when regis-

tered and licensed, except as provided in subsection (2) of K.S.A. 8-143

or 8-143i, and amendments thereto.

Ninth: To operate on the highways of this state a farm truck or farm

trailer other than to transport: (a) Agricultural products produced by such

owner; (b) commodities purchased by the owner for use on the farm

owned or rented by the owner of such vehicles; (c) commodities for re-

ligious or educational institutions being transported by the owner of such

vehicles for charity and without compensation of any kind, except as pro-

vided in subsection (c) of K.S.A. 66-1,109, and amendments thereto; or

(d) sand, gravel, slag stone, limestone, crushed stone, cinders, black top,

dirt or fill material to a township road maintenance or construction site

of the township in which the owner of such truck resides.

Tenth: To operate a farm truck or truck tractor used in combination

with a trailer or semitrailer for a gross weight which does not include the

empty weight of the truck or truck tractor or of the combination of any

truck or truck tractor and any type of trailer or semitrailer, plus the max-

imum weight of cargo which will be transported on or with the same; and

such farm truck or farm truck tractor used to transport a gross weight of

more than 54,000 pounds shall have durably lettered on the side of the

motor vehicle the words ``farm vehicle--not for hire.''

Eleventh: To operate on the highways of this state any truck or truck

tractor without the current quarter of license fees being paid thereon.

Twelfth: To operate on the highways of this state a truck or truck tractor

without carrying in the cab a copy of the registration receipt for such

vehicle or without having painted or otherwise durably marked on said

vehicle on both sides thereof, the gross weight for which said vehicle is

licensed and the name and address of the owner thereof, except as pro-

vided in K.S.A. 8-143e, and amendments thereto.

Thirteenth: To operate on the highways of this state a farm trailer car-

rying more than 6,000 pounds without being registered and the registra-

tion fees paid thereon.

Fourteenth: To operate more than 6,000 miles in any calendar year any

truck or truck tractor which has been registered and licensed to operate

not more than 6,000 miles in such calendar year, as provided in subsection

(2) of K.S.A. 8-143, and amendments thereto, unless the additional fee

required by said subsection (2) has been paid.

Fifteenth: For any owner who has registered a truck or truck tractor

on the basis of operating not more than 6,000 miles to fail to keep the

records required by the director of vehicles, or to fail to comply with rules

and regulations of the secretary of revenue relating to such registration.

Sixteenth: To operate a vehicle or combination of vehicles on the na-

tional system of interstate and defense highways with a gross weight

greater than permitted by the laws of the United States Congress.

Sec. 3. K.S.A. 2002 Supp. 8-2,127 is hereby amended to read as fol-

lows: 8-2,127. Vehicles that are exempt from this act include:

(a) Farm vehicles, defined as follows:

(1) Registered as a farm truck or truck tractor under K.S.A. 8-143,

and amendments thereto;

(2) used to transport either agricultural products, farm machinery,

farm supplies, or both, to or from a farm;

(3) not used in the operations of a common or contract motor carrier;

and

(4) used within 150 air miles of any farm or farms owned or leased

by the registered owner of such farm vehicle;

(b) vehicles operated by firefighters and other persons which are nec-

essary to the preservation of life or property or the execution of emer-

gency governmental functions, are equipped with audible and visual sig-

nals and are not subject to normal traffic regulation. These vehicles

include fire trucks, hook and ladder trucks, foam or water transport

trucks, police SWAT team vehicles, ambulances or other vehicles that are

used in response to emergencies;

(c) military vehicles which are operated by military personnel in pur-

suit of military purposes and all noncivilian operators of equipment owned

or operated by the United States department of defense. This applies to

any active duty military personnel and members of the reserves and na-

tional guard on active duty, including personnel on full-time national

guard duty, personnel on part-time training and national guard military

technicians, civilians who are required to wear military uniforms and are

subject to the code of military justice; and

(d) motor vehicles, which would otherwise be considered commercial

motor vehicles, if such vehicles are used solely and exclusively for private

noncommercial use and any operator of such vehicles.

Sec. 4. K.S.A. 8-2107 is hereby amended to read as follows: 8-2107.

(a) (1) Notwithstanding any other provisions of the uniform act regulating

traffic on highways, when a person is stopped by a police officer for any

of the offenses described in subsection (d) and such person is not im-

mediately taken before a judge of the district court, the police officer may

require the person stopped, subject to the provisions of subsection (c), to

deposit with the officer a valid Kansas driver's license in exchange for a

receipt therefor issued by such police officer, the form of which shall be

approved by the division of vehicles. Such receipt shall be recognized as

a valid temporary Kansas driver's license authorizing the operation of a

motor vehicle by the person stopped until the date of the hearing stated

on the receipt. The driver's license and a written copy of the notice to

appear shall be delivered by the police officer to the court having juris-

diction of the offense charged as soon as reasonably possible. If the hear-

ing on such charge is continued for any reason, the judge may note on

the receipt the date to which such hearing has been continued and such

receipt shall be recognized as a valid temporary Kansas driver's license

until such date, but in no event shall such receipt be recognized as a valid

Kansas driver's license for a period longer than 30 days from the date set

for the original hearing. Any person who has deposited a driver's license

with a police officer under this subsection (a) shall have such license

returned upon final determination of the charge against such person.

(2) In the event the person stopped deposits a valid Kansas driver's

license with the police officer and fails to appear in the district court on

the date set for appearance, or any continuance thereof, and in any event

within 30 days from the date set for the original hearing, the court shall

forward such person's driver's license to the division of vehicles with an

appropriate explanation attached thereto. Upon receipt of such person's

driver's license, the division shall suspend such person's privilege to op-

erate a motor vehicle in this state until such person appears before the

court having jurisdiction of the offense charged, the court makes a final

disposition thereof and notice of such disposition is given by the court to

the division. No new or replacement license shall be issued to any such

person until such notice of disposition has been received by the division.

The provisions of K.S.A. 8-256, and amendments thereto, limiting the

suspension of a license to one year, shall not apply to suspensions for

failure to appear as provided in this subsection (a).

(b) No person shall apply for a replacement or new driver's license

prior to the return of such person's original license which has been de-

posited in lieu of bond under this section. Violation of this subsection (b)

is a class C misdemeanor. The division may suspend such person's driver's

license for a period of not to exceed one year from the date the division

receives notice of the disposition of the person's charge as provided in

subsection (a).

(c) (1) In lieu of depositing a valid Kansas driver's license with the

stopping police officer as provided in subsection (a), the person stopped

may elect to give bond in the amount specified in subsection (d) for the

offense for which the person was stopped. When such person does not

have a valid Kansas driver's license, such person shall give such bond.

Such bond shall be subject to forfeiture if the person stopped does not

appear at the court and at the time specified in the written notice pro-

vided for in K.S.A. 8-2106, and amendments thereto.

(2) Such bond may be a cash bond, a bank card draft from any valid

and unexpired credit card approved by the division of vehicles or super-

intendent of the Kansas highway patrol or a guaranteed arrest bond cer-

tificate issued by either a surety company authorized to transact such

business in this state or an automobile club authorized to transact business

in this state by the commissioner of insurance. If any of the approved

bank card issuers redeem the bank card draft at a discounted rate, such

discount shall be charged against the amount designated as the fine for

the offense. If such bond is not forfeited, the amount of the bond less

the discount rate shall be reimbursed to the person providing the bond

by the use of a bank card draft. Any such guaranteed arrest bond certif-

icate shall be signed by the person to whom it is issued and shall contain

a printed statement that such surety company or automobile club guar-

antees the appearance of such person and will, in the event of failure of

such person to appear in court at the time of trial, pay any fine or forfei-

ture imposed on such person not to exceed an amount to be stated on

such certificate.

(3) Such cash bond shall be taken in the following manner: The police

officer shall furnish the person stopped a stamped envelope addressed to

the judge or clerk of the court named in the written notice to appear and

the person shall place in such envelope the amount of the bond, and in

the presence of the police officer shall deposit the same in the United

States mail. After such cash payment, the person stopped need not sign

the written notice to appear, but the police officer shall note the amount

of the bond mailed on the notice to appear form and shall give a copy of

such form to the person. If the person stopped furnishes the police officer

with a guaranteed arrest bond certificate or bank card draft, the police

officer shall give such person a receipt therefor and shall note the amount

of the bond on the notice to appear form and give a copy of such form

to the person stopped. Such person need not sign the written notice to

appear, and the police officer shall present the notice to appear and the

guaranteed arrest bond certificate or bank card draft to the court having

jurisdiction of the offense charged as soon as reasonably possible.

(d) The offenses for which appearance bonds may be required as

provided in subsection (c) and the amounts thereof shall be as follows:

On and after July 1, 1996:

Reckless driving$8 2
Driving when privilege is canceled, suspended or revoked82
Failure to comply with lawful order of officer57
Registration violation (registered for 12,000 pounds or less)52
Registration violation (registered for more than 12,000 pounds)92
No driver's license for the class of vehicle operated or violation of restrictions52
Spilling load on highway52
Overload:

Gross weight of vehicle or

combination of vehicles

an amount equal to the fine

plus docket fee

to be imposed if convicted

Gross weight upon any axle or

tandem, triple or quad axles

an amount equal to the fine

plus docket fee

to be imposed if convicted

Failure to obtain proper registration, clearance or to have current certification as required by K.S.A. 66-1324, and amendments thereto272
Insufficient liability insurance for motor carriers pursuant to K.S.A. 66-1,128 or 66-1314, and amendments thereto122
Failure to obtain interstate motor fuel tax authorization pursuant to K.S.A. 79-34,122, and amendments thereto122
Improper equipment (glass or fire extinguishers)52
No authority as private, contract or common carrier122
No current driver's daily log52
Invalid or no physical examination card52
Transporting open container of alcoholic liquor or cereal malt beverage accessible while vehicle in motion223

(e) In the event of forfeiture of any bond under this section, $54 of

the amount forfeited shall be regarded as a docket fee in any court having

jurisdiction over the violation of state law.

(f) None of the provisions of this section shall be construed to conflict

with the provisions of the nonresident violator compact.

(g) When a person is stopped by a police officer for any traffic in-

fraction and the person is a resident of a state which is not a member of

the nonresident violator compact, K.S.A. 8-1219 et seq., and amendments

thereto, or the person is licensed to drive under the laws of a foreign

country, the police officer may require a bond as provided for under

subsection (c). The bond shall be in the amount specified in the uniform

fine schedule in subsection (c) of K.S.A. 8-2118, and amendments

thereto, plus $54 which shall be regarded as a docket fee in any court

having jurisdiction over the violation of state law.

(h) When a person is stopped by a police officer for failure to provide

proof of financial security pursuant to K.S.A. 40-3104, and amendments

thereto, and the person is a resident of another state or the person is

licensed to drive under the laws of a foreign country, the police officer

may require a bond as provided for under subsection (c). The bond shall

be in the amount of $54, plus $54 which shall be regarded as a docket

fee in any court having jurisdiction over the violation of state law.

Sec. 5. K.S.A. 32-1009 is hereby amended to read as follows: 32-

1009. Except as provided in rules and regulations adopted pursuant to

K.S.A. 32-963, and amendments thereto, it shall be unlawful for any per-

son to take, possess, transport, export, process, sell or offer for sale or

ship nongame species deemed by the secretary to be in need of conser-

vation pursuant to K.S.A. 32-959, and amendments thereto. Subject to

the same exception, it shall further be unlawful for any common or con-

tract carrier knowingly to transport or receive for shipment nongame

species deemed by the secretary to be in need of conservation pursuant

to K.S.A. 32-959, and amendments thereto.

Sec. 6. K.S.A. 44-503c is hereby amended to read as follows: 44-

503c. (a) (1) Any individual who is an owner-operator and the exclusive

driver of a motor vehicle that is leased or contracted to a licensed motor

carrier shall not be considered to be a contractor or an employee of the

licensed motor carrier within the meaning of K.S.A. 44-503, and amend-

ments thereto, or an employee of the licensed motor carrier within the

meaning of subsection (b) of K.S.A. 44-508, and amendments thereto,

and the licensed motor carrier shall not be considered to be a principal

within the meaning of K.S.A. 44-503, and amendments thereto, or an

employer of the owner-operator within the meaning of subsection (a) of

K.S.A. 44-508, and amendments thereto, if the owner-operator is covered

by an occupational accident insurance policy and is not treated under the

terms of the lease agreement or contract with the licensed motor carrier

as an employee for purposes of the federal insurance contribution act, 26

U.S.C. § 3101 et seq., the federal social security act, 42 U.S.C. § 301 et

seq., the federal unemployment tax act, 26 U.S.C. § 3301 et seq., and the

federal statutes prescribing income tax withholding at the source, 26

U.S.C. § 3401 et seq.

(2) As used in this subsection:

(A) ``Motor vehicle'' means any automobile, truck-trailer, semitrailer,

tractor, motor bus or any other self-propelled or motor-driven vehicle

used upon any of the public highways of Kansas for the purpose of trans-

porting persons or property;

(B) ``licensed motor carrier'' means any person, firm, corporation or

other business entity that holds a certificate of convenience and necessity,

a certificate of public service, a contract carrier permit, or an interstate

license as a common, contract or exempt carrier from the state corpora-

tion commission or is required to register motor carrier equipment pur-

suant to 49 U.S.C. § 11506; and

(C) ``owner-operator'' means an individual who is the owner of a sin-

gle motor vehicle that is driven exclusively by the owner under a lease

agreement or contract with a licensed motor carrier.

(b) Notwithstanding any other provision of this act, a licensed motor

carrier may by lease agreement or contract secure workers compensation

insurance for an owner-operator, otherwise subject to the act by statute

or election, and may charge-back to the owner-operator the premium for

such workers compensation insurance, and by doing so does not create

an employer-employee relationship between the licensed motor carrier

and the owner-operator, or subject the licensed motor carrier to liability

under subsection (d)(1) of K.S.A. 44-5,120 and amendments thereto.

(c) For purposes of subsection (b) of this section only, ``owner-op-

erator'' means a person, firm, corporation or other business entity that is

the owner of one or more motor vehicles that are driven exclusively by

the owner or the owner's employees or agents under a lease agreement

or contract with a licensed motor carrier; provided that neither the owner-

operator nor the owner's employees are treated under the term of the

lease agreement or contract with the licensed motor carrier as an em-

ployee for purposes of the federal insurance contribution act, 26 U.S.C.

§ 3101 et seq., the federal social security act, 42 U.S.C. § 301 et seq., the

federal unemployment tax act, 26 U.S.C. § 3301 et seq., and the federal

statutes prescribing income tax withholding at the source, 26 U.S.C. §

3401 et seq.

Sec. 7. K.S.A. 60-305a is hereby amended to read as follows: 60-

305a. Every individual, partnership, association or corporation engaged

in the business of transportation as a common carrier or contract carrier,

which is subject to regulation by the state corporation commission, doing

business in this state shall designate some person residing in this state on

whom all process and notices issued by any court of record may be served.

In every case such individual, partnership, company or corporation shall

file a certificate of the appointment and designation of such person in the

office of the state corporation commission or as required pursuant to 49

U.S.C. 11506. The service of the process upon the person so designated,

in any civil action, shall be deemed and held to be as effectual and com-

plete as if service of such process were made upon the president or other

chief officer of such individual, partnership, company or corporation. Any

individual, partnership, company or corporation may revoke the appoint-

ment and designation of such person upon whom process may be served,

by appointing any other person qualified as above specified and filing a

certificate of such appointment. Every second or subsequent appoint-

ment shall also designate the person whose place is filled by such ap-

pointment. If any such individual, partnership, company or corporation

fails to designate and appoint such person, as required by this section,

such process may be served in any county as provided by provisions of

article 3 of chapter 60 of Kansas Statutes Annotated, and amendments

thereto.

Sec. 8. K.S.A. 65-1626 is hereby amended to read as follows: 65-

1626. For the purposes of this act:

(a) ``Administer'' means the direct application of a drug, whether by

injection, inhalation, ingestion or any other means, to the body of a patient

or research subject by:

(1) A practitioner or pursuant to the lawful direction of a practitioner;

(2) the patient or research subject at the direction and in the presence

of the practitioner; or

(3) a pharmacist as authorized in K.S.A. 65-1635a and amendments

thereto.

(b) ``Agent'' means an authorized person who acts on behalf of or at

the direction of a manufacturer, distributor or dispenser but shall not

include a common or contract carrier, public warehouseman or employee

of the carrier or warehouseman when acting in the usual and lawful course

of the carrier's or warehouseman's business.

(c) ``Board'' means the state board of pharmacy created by K.S.A. 74-

1603 and amendments thereto.

(d) ``Brand exchange'' means the dispensing of a different drug prod-

uct of the same dosage form and strength and of the same generic name

than the brand name drug product prescribed.

(e) ``Brand name'' means the registered trademark name given to a

drug product by its manufacturer, labeler or distributor.

(f) ``Deliver'' or ``delivery'' means the actual, constructive or at-

tempted transfer from one person to another of any drug whether or not

an agency relationship exists.

(g) ``Direct supervision'' means the process by which the responsible

pharmacist shall observe and direct the activities of a pharmacy student

or pharmacy technician to a sufficient degree to assure that all such ac-

tivities are performed accurately, safely and without risk or harm to pa-

tients, and complete the final check before dispensing.

(h) ``Dispense'' means to deliver prescription medication to the ulti-

mate user or research subject by or pursuant to the lawful order of a

practitioner or pursuant to the prescription of a mid-level practitioner.

(i) ``Dispenser'' means a practitioner or pharmacist who dispenses

prescription medication.

(j) ``Distribute'' means to deliver, other than by administering or dis-

pensing, any drug.

(k) ``Distributor'' means a person who distributes a drug.

(l) ``Drug'' means: (1) Articles recognized in the official United States

pharmacopoeia, or other such official compendiums of the United States,

or official national formulary, or any supplement of any of them; (2) ar-

ticles intended for use in the diagnosis, cure, mitigation, treatment or

prevention of disease in man or other animals; (3) articles, other than

food, intended to affect the structure or any function of the body of man

or other animals; and (4) articles intended for use as a component of any

articles specified in clause (1), (2) or (3) of this subsection; but does not

include devices or their components, parts or accessories, except that the

term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy,

if such livestock remedy had been registered in accordance with the pro-

visions of article 5 of chapter 47 of the Kansas Statutes Annotated prior

to its repeal.

(m) ``Electronic transmission'' means transmission of information in

electronic form or the transmission of the exact visual image of a docu-

ment by way of electronic equipment.

(n) ``Generic name'' means the established chemical name or official

name of a drug or drug product.

(o) (1) ``Institutional drug room'' means any location where prescrip-

tion-only drugs are stored and from which prescription-only drugs are

administered or dispensed and which is maintained or operated for the

purpose of providing the drug needs of:

(A) Inmates of a jail or correctional institution or facility;

(B) residents of a juvenile detention facility, as defined by the Kansas

code for care of children and the Kansas juvenile justice code;

(C) students of a public or private university or college, a community

college or any other institution of higher learning which is located in

Kansas;

(D) employees of a business or other employer; or

(E) persons receiving inpatient hospice services.

(2) ``Institutional drug room'' does not include:

(A) Any registered pharmacy;

(B) any office of a practitioner; or

(C) a location where no prescription-only drugs are dispensed and no

prescription-only drugs other than individual prescriptions are stored or

administered.

(p) ``Medical care facility'' shall have the meaning provided in K.S.A.

65-425 and amendments thereto, except that the term shall also include

facilities licensed under the provisions of K.S.A. 75-3307b and amend-

ments thereto except community mental health centers and facilities for

the mentally retarded.

(q) ``Manufacture'' means the production, preparation, propagation,

compounding, conversion or processing of a drug either directly or in-

directly by extraction from substances of natural origin, independently by

means of chemical synthesis or by a combination of extraction and chem-

ical synthesis and includes any packaging or repackaging of the drug or

labeling or relabeling of its container, except that this term shall not in-

clude the preparation or compounding of a drug by an individual for the

individual's own use or the preparation, compounding, packaging or la-

beling of a drug by: (1) A practitioner or a practitioner's authorized agent

incident to such practitioner's administering or dispensing of a drug in

the course of the practitioner's professional practice; (2) a practitioner,

by a practitioner's authorized agent or under a practitioner's supervision

for the purpose of, or as an incident to, research, teaching or chemical

analysis and not for sale; or (3) a pharmacist or the pharmacist's author-

ized agent acting under the direct supervision of the pharmacist for the

purpose of, or incident to, the dispensing of a drug by the pharmacist.

(r) ``Person'' means individual, corporation, government, govern-

mental subdivision or agency, partnership, association or any other legal

entity.

(s) ``Pharmacist'' means any natural person licensed under this act to

practice pharmacy.

(t) ``Pharmacist in charge'' means the pharmacist who is responsible

to the board for a registered establishment's compliance with the laws

and regulations of this state pertaining to the practice of pharmacy, man-

ufacturing of drugs and the distribution of drugs. The pharmacist in

charge shall supervise such establishment on a full-time or a part-time

basis and perform such other duties relating to supervision of a registered

establishment as may be prescribed by the board by rules and regulations.

Nothing in this definition shall relieve other pharmacists or persons from

their responsibility to comply with state and federal laws and regulations.

(u) ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises, lab-

oratory, area or other place: (1) Where drugs are offered for sale where

the profession of pharmacy is practiced and where prescriptions are com-

pounded and dispensed; or (2) which has displayed upon it or within it

the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth-

ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these

words or combinations of these words or words of similar import either

in English or any sign containing any of these words; or (3) where the

characteristic symbols of pharmacy or the characteristic prescription sign

``Rx'' may be exhibited. As used in this subsection, premises refers only

to the portion of any building or structure leased, used or controlled by

the licensee in the conduct of the business registered by the board at the

address for which the registration was issued.

(v) ``Pharmacy student'' means an individual, registered with the

board of pharmacy, enrolled in an accredited school of pharmacy.

(w) ``Pharmacy technician'' means an individual who, under the direct

supervision and control of a pharmacist, may perform packaging, manip-

ulative, repetitive or other nondiscretionary tasks related to the processing

of a prescription or medication order and who assists the pharmacist in

the performance of pharmacy related duties, but who does not perform

duties restricted to a pharmacist.

(x) ``Practitioner'' means a person licensed to practice medicine and

surgery, dentist, podiatrist, veterinarian, optometrist licensed under the

optometry law as a therapeutic licensee or diagnostic and therapeutic

licensee, or scientific investigator or other person authorized by law to

use a prescription-only drug in teaching or chemical analysis or to conduct

research with respect to a prescription-only drug.

(y) ``Preceptor'' means a licensed pharmacist who possesses at least

two years' experience as a pharmacist and who supervises students ob-

taining the pharmaceutical experience required by law as a condition to

taking the examination for licensure as a pharmacist.

(z) ``Prescription'' means, according to the context, either a prescrip-

tion order or a prescription medication.

(aa) ``Prescription medication'' means any drug, including label and

container according to context, which is dispensed pursuant to a prescrip-

tion order.

(bb) ``Prescription-only drug'' means any drug whether intended for

use by man or animal, required by federal or state law (including 21

United States Code section 353, as amended) to be dispensed only pur-

suant to a written or oral prescription or order of a practitioner or is

restricted to use by practitioners only.

(cc) ``Prescription order'' means: (1) An order to be filled by a phar-

macist for prescription medication issued and signed by a practitioner or

a mid-level practitioner in the authorized course of professional practice;

or (2) an order transmitted to a pharmacist through word of mouth, note,

telephone or other means of communication directed by such practitioner

or mid-level practitioner.

(dd) ``Probation'' means the practice or operation under a temporary

license, registration or permit or a conditional license, registration or per-

mit of a business or profession for which a license, registration or permit

is granted by the board under the provisions of the pharmacy act of the

state of Kansas requiring certain actions to be accomplished or certain

actions not to occur before a regular license, registration or permit is

issued.

(ee) ``Professional incompetency'' means:

(1) One or more instances involving failure to adhere to the appli-

cable standard of pharmaceutical care to a degree which constitutes gross

negligence, as determined by the board;

(2) repeated instances involving failure to adhere to the applicable

standard of pharmaceutical care to a degree which constitutes ordinary

negligence, as determined by the board; or

(3) a pattern of pharmacy practice or other behavior which demon-

strates a manifest incapacity or incompetence to practice pharmacy.

(ff) ``Retail dealer'' means a person selling at retail nonprescription

drugs which are prepackaged, fully prepared by the manufacturer or dis-

tributor for use by the consumer and labeled in accordance with the

requirements of the state and federal food, drug and cosmetic acts. Such

nonprescription drugs shall not include: (1) A controlled substance; (2) a

prescription-only drug; or (3) a drug intended for human use by hypo-

dermic injection.

(gg) ``Secretary'' means the executive secretary of the board.

(hh) ``Unprofessional conduct'' means:

(1) Fraud in securing a registration or permit;

(2) intentional adulteration or mislabeling of any drug, medicine,

chemical or poison;

(3) causing any drug, medicine, chemical or poison to be adulterated

or mislabeled, knowing the same to be adulterated or mislabeled;

(4) intentionally falsifying or altering records or prescriptions;

(5) unlawful possession of drugs and unlawful diversion of drugs to

others;

(6) willful betrayal of confidential information under K.S.A. 65-1654

and amendments thereto;

(7) conduct likely to deceive, defraud or harm the public;

(8) making a false or misleading statement regarding the licensee's

professional practice or the efficacy or value of a drug;

(9) commission of any act of sexual abuse, misconduct or exploitation

related to the licensee's professional practice; or

(10) performing unnecessary tests, examinations or services which

have no legitimate pharmaceutical purpose.

(ii) ``Mid-level practitioner'' means an advanced registered nurse

practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131

and amendments thereto who has authority to prescribe drugs pursuant

to a written protocol with a responsible physician under K.S.A. 65-1130

and amendments thereto or a physician assistant licensed pursuant to the

physician assistant licensure act who has authority to prescribe drugs pur-

suant to a written protocol with a responsible physician under K.S.A. 65-

28a08 and amendments thereto.

(jj) ``Vaccination protocol'' means a written protocol, agreed to by a

pharmacist and a person licensed to practice medicine and surgery by the

state board of healing arts, which establishes procedures and recordkeep-

ing and reporting requirements for administering a vaccine by the phar-

macist for a period of time specified therein, not to exceed two years.

(kk) ``Veterinary medical teaching hospital pharmacy'' means any lo-

cation where prescription-only drugs are stored as part of an accredited

college of veterinary medicine and from which prescription-only drugs

are distributed for use in treatment of or administration to a non-human.

Sec. 9. K.S.A. 65-4101 is hereby amended to read as follows: 65-

4101. As used in this act: (a) ``Administer'' means the direct application

of a controlled substance, whether by injection, inhalation, ingestion or

any other means, to the body of a patient or research subject by: (1) A

practitioner or pursuant to the lawful direction of a practitioner; or

(2) the patient or research subject at the direction and in the presence

of the practitioner.

(b) ``Agent'' means an authorized person who acts on behalf of or at

the direction of a manufacturer, distributor or dispenser. It does not in-

clude a common or contract carrier, public warehouseman or employee

of the carrier or warehouseman.

(c) ``Board'' means the state board of pharmacy.

(d) ``Bureau'' means the bureau of narcotics and dangerous drugs,

United States department of justice, or its successor agency.

(e) ``Controlled substance'' means any drug, substance or immediate

precursor included in any of the schedules designated in K.S.A. 65-4105,

65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sec-

tions.

(f) ``Counterfeit substance'' means a controlled substance which, or

the container or labeling of which, without authorization bears the trade-

mark, trade name or other identifying mark, imprint, number or device

or any likeness thereof of a manufacturer, distributor or dispenser other

than the person who in fact manufactured, distributed or dispensed the

substance.

(g) ``Deliver'' or ``delivery'' means the actual, constructive or at-

tempted transfer from one person to another of a controlled substance,

whether or not there is an agency relationship.

(h) ``Dispense'' means to deliver a controlled substance to an ultimate

user or research subject by or pursuant to the lawful order of a practi-

tioner, including the packaging, labeling or compounding necessary to

prepare the substance for that delivery, or pursuant to the prescription

of a mid-level practitioner.

(i) ``Dispenser'' means a practitioner or pharmacist who dispenses.

(j) ``Distribute'' means to deliver other than by administering or dis-

pensing a controlled substance.

(k) ``Distributor'' means a person who distributes.

(l) ``Drug'' means: (1) Substances recognized as drugs in the official

United States pharmacopoeia, official homeopathic pharmacopoeia of the

United States or official national formulary or any supplement to any of

them; (2) substances intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in man or animals; (3) substances

(other than food) intended to affect the structure or any function of the

body of man or animals; and (4) substances intended for use as a com-

ponent of any article specified in clause (1), (2) or (3) of this subsection.

It does not include devices or their components, parts or accessories.

(m) ``Immediate precursor'' means a substance which the board has

found to be and by rule and regulation designates as being the principal

compound commonly used or produced primarily for use and which is

an immediate chemical intermediary used or likely to be used in the

manufacture of a controlled substance, the control of which is necessary

to prevent, curtail or limit manufacture.

(n) ``Manufacture'' means the production, preparation, propagation,

compounding, conversion or processing of a controlled substance either

directly or indirectly or by extraction from substances of natural origin or

independently by means of chemical synthesis or by a combination of

extraction and chemical synthesis and includes any packaging or repack-

aging of the substance or labeling or relabeling of its container, except

that this term does not include the preparation or compounding of a

controlled substance by an individual for the individual's own lawful use

or the preparation, compounding, packaging or labeling of a controlled

substance: (1) By a practitioner or the practitioner's agent pursuant to a

lawful order of a practitioner as an incident to the practitioner's admin-

istering or dispensing of a controlled substance in the course of the prac-

titioner's professional practice; or

(2) by a practitioner or by the practitioner's authorized agent under

such practitioner's supervision for the purpose of or as an incident to

research, teaching or chemical analysis or by a pharmacist or medical care

facility as an incident to dispensing of a controlled substance.

(o) ``Marijuana'' means all parts of all varieties of the plant Cannabis

whether growing or not, the seeds thereof, the resin extracted from any

part of the plant and every compound, manufacture, salt, derivative, mix-

ture or preparation of the plant, its seeds or resin. It does not include the

mature stalks of the plant, fiber produced from the stalks, oil or cake

made from the seeds of the plant, any other compound, manufacture,

salt, derivative, mixture or preparation of the mature stalks, except the

resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the

plant which is incapable of germination.

(p) ``Narcotic drug'' means any of the following whether produced

directly or indirectly by extraction from substances of vegetable origin or

independently by means of chemical synthesis or by a combination of

extraction and chemical synthesis: (1) Opium and opiate and any salt,

compound, derivative or preparation of opium or opiate;

(2) any salt, compound, isomer, derivative or preparation thereof

which is chemically equivalent or identical with any of the substances

referred to in clause (1) but not including the isoquinoline alkaloids of

opium;

(3) opium poppy and poppy straw;

(4) coca leaves and any salt, compound, derivative or preparation of

coca leaves, and any salt, compound, isomer, derivative or preparation

thereof which is chemically equivalent or identical with any of these sub-

stances, but not including decocainized coca leaves or extractions of coca

leaves which do not contain cocaine or ecgonine.

(q) ``Opiate'' means any substance having an addiction-forming or

addiction-sustaining liability similar to morphine or being capable of con-

version into a drug having addiction-forming or addiction-sustaining lia-

bility. It does not include, unless specifically designated as controlled

under K.S.A. 65-4102 and amendments thereto, the dextrorotatory iso-

mer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).

It does include its racemic and levorotatory forms.

(r) ``Opium poppy'' means the plant of the species Papaver somni-

ferum l. except its seeds.

(s) ``Person'' means individual, corporation, government, or govern-

mental subdivision or agency, business trust, estate, trust, partnership or

association or any other legal entity.

(t) ``Poppy straw'' means all parts, except the seeds, of the opium

poppy, after mowing.

(u) ``Pharmacist'' means an individual currently licensed by the board

to practice the profession of pharmacy in this state.

(v) ``Practitioner'' means a person licensed to practice medicine and

surgery, dentist, podiatrist, veterinarian, optometrist licensed under the

optometry law as a therapeutic licensee or diagnostic and therapeutic

licensee, or scientific investigator or other person authorized by law to

use a controlled substance in teaching or chemical analysis or to conduct

research with respect to a controlled substance.

(w) ``Production'' includes the manufacture, planting, cultivation,

growing or harvesting of a controlled substance.

(x) ``Ultimate user'' means a person who lawfully possesses a con-

trolled substance for such person's own use or for the use of a member

of such person's household or for administering to an animal owned by

such person or by a member of such person's household.

(y) ``Isomer'' means all enantiomers and diastereomers.

(z) ``Medical care facility'' shall have the meaning ascribed to that

term in K.S.A. 65-425 and amendments thereto.

(aa) ``Cultivate'' means the planting or promotion of growth of five

or more plants which contain or can produce controlled substances.

(bb) (1) ``Controlled substance analog'' means a substance that is in-

tended for human consumption, and:

(A) The chemical structure of which is substantially similar to the

chemical structure of a controlled substance listed in or added to the

schedules designated in K.S.A. 65-4105 or 65-4107 and amendments

thereto;

(B) which has a stimulant, depressant or hallucinogenic effect on the

central nervous system substantially similar to the stimulant, depressant

or hallucinogenic effect on the central nervous system of a controlled

substance included in the schedules designated in K.S.A. 65-4105 or 65-

4107 and amendments thereto; or

(C) with respect to a particular individual, which the individual rep-

resents or intends to have a stimulant, depressant or hallucinogenic effect

on the central nervous system substantially similar to the stimulant, de-

pressant or hallucinogenic effect on the central nervous system of a con-

trolled substance included in the schedules designated in K.S.A. 65-4105

or 65-4107 and amendments thereto.

(2) ``Controlled substance analog'' does not include:

(A) A controlled substance;

(B) a substance for which there is an approved new drug application;

or

(C) a substance with respect to which an exemption is in effect for

investigational use by a particular person under section 505 of the federal

food, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with

respect to the substance is permitted by the exemption.

(cc) ``Mid-level practitioner'' means an advanced registered nurse

practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131

and amendments thereto, who has authority to prescribe drugs pursuant

to a written protocol with a responsible physician under K.S.A. 65-1130,

and amendments thereto or a physician assistant licensed under the phy-

sician assistant licensure act who has authority to prescribe drugs pursuant

to a written protocol with a responsible physician under K.S.A. 65-28a08

and amendments thereto.

Sec. 10. K.S.A. 65-4116 is hereby amended to read as follows: 65-

4116. (a) Every person who manufactures, distributes or dispenses any

controlled substance within this state or who proposes to engage in the

manufacture, distribution or dispensing of any controlled substance

within this state shall obtain annually a registration issued by the board

in accordance with the uniform controlled substances act and with rules

and regulations adopted by the board.

(b) Persons registered by the board under this act to manufacture,

distribute, dispense or conduct research with controlled substances may

possess, manufacture, distribute, dispense or conduct research with those

substances to the extent authorized by their registration and in conformity

with the other provisions of this act.

(c) The following persons need not register and may lawfully possess

controlled substances under this act, as specified in this subsection:

(1) An agent or employee of any registered manufacturer, distributor

or dispenser of any controlled substance if the agent or employee is acting

in the usual course of such agent or employee's business or employment;

(2) a common or contract carrier or warehouseman or an employee

thereof whose possession of any controlled substance is in the usual

course of business or employment;

(3) an ultimate user or a person in possession of any controlled sub-

stance pursuant to a lawful order of a practitioner or a mid-level practi-

tioner or in lawful possession of a schedule V substance;

(4) persons licensed and registered by the board under the provisions

of the acts contained in article 16 of chapter 65 of the Kansas Statutes

Annotated, and amendments thereto, to manufacture, dispense or dis-

tribute drugs are considered to be in compliance with the registration

provision of the uniform controlled substances act without additional pro-

ceedings before the board or the payment of additional fees, except that

manufacturers and distributors shall complete and file the application

form required under the uniform controlled substances act;

(5) any person licensed by the state board of healing arts under the

Kansas healing arts act;

(6) any person licensed by the state board of veterinary examiners;

(7) any person licensed by the Kansas dental board;

(8) a mid-level practitioner; and

(9) any person who is a member of the Native American Church,

with respect to use or possession of peyote, whose use or possession of

peyote is in, or for use in, bona fide religious ceremonies of the Native

American Church, but nothing in this paragraph shall authorize the use

or possession of peyote in any place used for the confinement or housing

of persons arrested, charged or convicted of criminal offenses or in the

state security hospital.

(d) The board may waive by rules and regulations the requirement

for registration of certain manufacturers, distributors or dispensers if the

board finds it consistent with the public health and safety, except that

licensure of any person by the state board of healing arts to practice any

branch of the healing arts, Kansas dental board or the state board of

veterinary examiners shall constitute compliance with the registration

requirements of the uniform controlled substances act by such person for

such person's place of professional practice. Evidence of abuse as deter-

mined by the board relating to a person licensed by the state board of

healing arts shall be submitted to the state board of healing arts and the

attorney general within 60 days. The state board of healing arts shall,

within 60 days, make findings of fact and take such action against such

person as it deems necessary. All findings of fact and any action taken

shall be reported by the state board of healing arts to the board of phar-

macy and the attorney general. Evidence of abuse as determined by the

board relating to a person licensed by the state board of veterinary ex-

aminers shall be submitted to the state board of veterinary examiners and

the attorney general within 60 days. The state board of veterinary ex-

aminers shall, within 60 days, make findings of fact and take such action

against such person as it deems necessary. All findings of fact and any

action taken shall be reported by the state board of veterinary examiners

to the board of pharmacy and the attorney general. Evidence of abuse as

determined by the board relating to a dentist licensed by the Kansas

dental board shall be submitted to the Kansas dental board and the at-

torney general within 60 days. The Kansas dental board shall, within 60

days, make findings of fact and take such action against such dentist as it

deems necessary. All findings of fact and any action taken shall be re-

ported by the Kansas dental board to the board of pharmacy and the

attorney general.

(e) A separate annual registration is required at each place of business

or professional practice where the applicant manufactures, distributes or

dispenses controlled substances.

(f) The board may inspect the establishment of a registrant or appli-

cant for registration in accordance with the board's rules and regulations.

(g) (1) The registration of any person or location shall terminate

when such person or authorized representative of a location dies, ceases

legal existence, discontinues business or professional practice or changes

the location as shown on the certificate of registration. Any registrant who

ceases legal existence, discontinues business or professional practice, or

changes location as shown on the certificate of registration, shall notify

the board promptly of such fact and forthwith deliver the certificate of

registration directly to the secretary or executive secretary of the board.

In the event of a change in name or mailing address the person or au-

thorized representative of the location shall notify the board promptly in

advance of the effective date of this change by filing the change of name

or mailing address with the board. This change shall be noted on the

original application on file with the board.

(2) No registration or any authority conferred thereby shall be as-

signed or otherwise transferred except upon such conditions as the board

may specifically designate and then only pursuant to the written consent

of the board.

Sec. 11. K.S.A. 65-7004 is hereby amended to read as follows: 65-

7004. The provisions of this act shall not apply to: (a) A distribution of a

regulated chemical to or by a common or contract carrier for carriage in

the lawful and usual course of the business of the common or contract

carrier, or to or by a warehouseman for storage in the lawful and usual

course of the business of the warehouseman;

(b) the lawful administering or dispensing of a regulated chemical by

a licensed practitioner in the course of professional practice or research;

(c) the purchase, distribution or possession of a regulated chemical

by a local, state or federal law enforcement agency while in the discharge

of official duties unless the Kansas bureau of investigation properly no-

tifies the local law enforcement agency relying on the exclusion that its

investigatory activities are contrary to the public interest; or

(d) products containing ephedra or ma huang, which do not contain

any chemically synthesized ephedrine alkaloids, and are lawfully marketed

as dietary supplements under federal law.

Sec. 12. K.S.A. 66-1a01 is hereby amended to read as follows: 66-

1a01. (a) The state corporation commission shall charge and collect fees

for the purposes and in the amounts as prescribed in this section. Such

fees shall be paid to the state corporation commission at the time of filing

the original papers or application in the case.

(b) (1) For the purposes of certificates issued under K.S.A. 66-125,

and amendments thereto, to authorize the issuance of stock, bonds or

other evidences of indebtedness, except as otherwise provided in this

paragraph (1), the commission shall charge and collect an application fee

of $10 to accompany each application and processing fees which shall be

set by rules and regulations adopted by the commission and shall reflect

the costs incurred by the commission to process such application.

Notwithstanding the foregoing provisions of this paragraph (1), when-

ever an application is made for a certificate to authorize the issuance of

stocks, bonds or other evidences of indebtedness and the relevant federal

authority has authorized the issuance of the same issue of such stocks,

bonds or other evidences of indebtedness, the commission shall charge

and collect an application fee of $10 to accompany each application and

a processing fee of $25 which shall be paid on or before issuance of such

certificate.

(2) Whenever an application is made for a certificate of convenience

and authority to provide interexchange telecommunications services or

competitive local exchange carrier services, the commission shall charge

and collect an application fee of $250 which shall accompany the appli-

cation.

(3) With regard to the regulation of motor carriers, the commission

shall charge and collect fees in accordance with the following schedule:

For application for motor common carrier certificate$25
For application for motor common carrier certificate, license or authoritynot to exceed

$250

For application for motor carrier permit or license, except no fee shall apply to motor carriers regulated by the relevant federal authority10
For application for intrastate private and interstate exempt motor carrier registration100
For application for extension, rerouting, removal of restrictions or transfer of motor common carrier certificate and motor common carrier license10 100
For single-state registration of motor carrier vehicles for motor carriers, and renewals of those registrations, with the state of Kansas as their base state10 per vehicle
Annual renewal fees for all certificates and registrations, due by December 31 of each year10 per vehicle
If increases proposed in rates, fares or charges when hearing is required25
Late fee for failure to timely complete renewalscost of initial

application

(4) The commission shall charge a fee for copies, other than mime-

ographed or printed copies, of applications, orders, certificates, schedules

and duplicate motor-carrier equipment identification cards and a fee for

copies of passenger, household goods or property motor common carrier

lists, both fees in amounts approved by the director of accounts and re-

ports under K.S.A. 45-219, and amendments thereto.

(c) There is hereby created in the state treasury the public service

regulation fund. The commission shall remit all moneys received by or

for it in payment of the fees imposed for certificates authorizing the is-

suance of stock, bonds or other evidences of indebtedness under para-

graph (1) of subsection (b) to the state treasurer in accordance with the

provisions of K.S.A. 75-4215, and amendments thereto. Upon the receipt

of each such remittance, the state treasurer shall deposit the entire

amount in the state treasury to the credit of the public service regulation

fund. All expenditures from the public service regulation fund shall be

made in accordance with appropriation acts upon warrants of the director

of accounts and reports issued pursuant to vouchers approved by the

chairperson of the state corporation commission or by a person or persons

designated by such chairperson.

(d) There is hereby created in the state treasury the motor carrier

license fees fund. The commission shall remit all moneys received by or

for it in payment of the fees imposed for regulation of motor carriers

under paragraphs (2) and (3) of subsection (b) to the state treasurer in

accordance with the provisions of K.S.A. 75-4215, and amendments

thereto. Upon the receipt of each such remittance, the state treasurer

shall deposit the entire amount in the state treasury to the credit of the

motor carrier license fees fund. All expenditures from the motor carrier

license fees fund shall be made in accordance with appropriation acts

upon warrants of the director of accounts and reports issued pursuant to

vouchers approved by the chairperson of the state corporation commis-

sion or by a person or persons designated by such chairperson.

Sec. 13. K.S.A. 66-1,105 is hereby amended to read as follows: 66-

1,105. The orders and decisions of the corporation commission on the

matters covered by this act shall be made in writing and a certified copy

thereof copies of such decisions shall be served on the motor carrier af-

fected thereby by certified motor carriers by first class mail, except that

such copies when mailed to private carriers and carriers having licenses

under K.S.A. 66-1,116 or permits under K.S.A. 66-1,112g shall be mailed

such copies by first class mail orders and decisions potentially resulting

in a negative impact upon any motor carrier's authority and initial orders

in show cause proceedings shall be served by certified mail, return receipt

requested. Every such order and decision of the commission on matters

covered by this act shall become operative and effective within 30 days

after such service, and such the motor carrier shall carry the provisions

of such the order into effect, unless the order is enjoined or set aside by

a court of proper jurisdiction.

Sec. 14. K.S.A. 66-1,108 is hereby amended to read as follows: 66-

1,108. As used in this act:

(a) ``Commission'' means the corporation commission of the state of

Kansas;

(b) ``contract motor carrier of property'' means any person engaged

in the transportation by motor vehicle of property for hire and not in-

cluded in the term public motor carrier of property;

(c) ``contract motor carrier of passengers'' means any person engaged

in the transportation by motor vehicle of persons for hire and not included

in the term public motor carrier of passengers;

(b) ``gross combination vehicle weight rating'' means the value spec-

ified by the manufacturer as the loaded weight of a combination (artic-

ulated) motor vehicle. In the absence of a value specified by the manu-

facturer, gross combination weight rating shall be determined by adding

the gross vehicle weight rating of the power unit and the total weight of

the towed unit and any load thereon;

(c) ``gross vehicle weight rating'' means the value specified by the

manufacturer as the loaded weight of a single motor vehicle;

(d) ``household goods'' means property and personal effects used or

to be used in a dwelling, when a part of the equipment or supply of such

dwelling and such other similar property, as the commission may provide

by rules and regulations, if the transportation of such effects or property

is:

(1) Arranged and paid for by the householder, including transporta-

tion of property from a factory or store when the property is purchased

by the householder with intent to use in such householder's dwelling; or

(2) arranged and paid for by another party.

(e) ``Motor carrier'' means any person operating as a for hire motor

carrier or a private motor carrier, and any of their that person's agents,

officers, representatives, as well as employees responsible for hiring, su-

pervising, training, assigning or dispatching of drivers and employees con-

cerned with the installation, inspection and maintenance of motor vehicle

equipment or accessories or both;

(f) ``motor vehicle'' means any automobile, truck, trailer, semitrailer,

tractor, motor bus or any other self-propelled or motor-driven vehicle

used upon any of the public highways of the state for the purpose of

transporting persons or property;

(g) ``person'' means any individual, firm, partnership, limited liability

partnership, corporation, limited liability company, association or their

lessees, trustees or receivers;

(h) ``private motor carrier'' means a person who provides transpor-

tation of property or passengers, by commercial vehicle and is not a for

hire motor carrier;

(i) ``public highways'' means every public street, alley, road or high-

way or thoroughfare of any kind used by the public;

(j) ``public motor carrier of household goods'' means any person who

undertakes for hire to transport by motor vehicle from place to place, the

household goods of others who may choose to employ or contract with

the motor carrier;

(k) ``public motor carrier of passengers'' means any person who un-

dertakes for hire to transport by motor vehicle, from place to place, per-

sons who may choose to employ or contract with the motor carrier; and

(l) ``public motor carrier of property'' means any person who under-

takes for hire to transport by motor vehicle, from place to place, the

property other than household goods of others who may choose to employ

or contract with the motor carrier.

Sec. 15. K.S.A. 66-1,109 is hereby amended to read as follows: 66-

1,109. This act shall not require the following carriers to obtain a certif-

icate, license or permit from the commission or file rates, tariffs, annual

reports or provide proof of insurance with the commission:

(a) Transportation by motor carriers wholly within the corporate lim-

its of a city or village in this state, or between contiguous cities or villages

in this state or in this and another state, or between any city or village in

this or another state and the suburban territory in this state within three

miles of the corporate limits, or between cities and villages in this state

and cities and villages in another state which are within territory desig-

nated as a commercial zone by the relevant federal authority, except that

none of the exemptions specified in this subsection (a) shall apply to

wrecker carriers and none of such exemptions shall apply to motor car-

riers of passengers, other than motor carriers of passengers operating as

a part of the general transit system serving any such city or village in this

or another state, operating on regular routes and time schedules between

any city or village in this or another state, and the suburban territory in

this state;

(b) a private motor carrier who operates within a radius of 25 miles

beyond the corporate limits of its city or village of domicile, or who op-

erates 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 relevant federal authority;

(c) the owner of livestock or producer of farm products transporting

livestock of such owner or farm products of such producer to market in

a motor vehicle of such owner or producer, or the motor vehicle of a

neighbor on the basis of barter or exchange for service or employment,

or to such owner or producer transporting supplies for the use of such

owner or producer in a motor vehicle of such owner or producer, or in

the motor vehicle of a neighbor on the basis of barter or exchange for

service or employment;

(d) persons operating motor vehicles used only to transport property

when no common carrier is accessible, but when common-carrier service

is available then this last exemption is limited to the transportation of

such property from origin to the nearest practicable common-carrier re-

ceiving or loading point, or from a common-carrier unloading point by

way of the shortest practicable route to destination, providing such motor

vehicle does not pass a practicable delivery or receiving point of a com-

mon carrier equipped to transport such load, or when used to transport

property from the point of origin to point of destination thereof when

the destination of such property is less distant from the point of origin

thereof than the nearest practicable common-carrier receiving or loading

point equipped to transport such load;

(e) (1) the transportation of children to and from school, or (2) to

motor vehicles owned by schools, colleges, and universities, religious or

charitable organizations and institutions, or governmental agencies, when

used to convey students, inmates, employees, athletic teams, orchestras,

bands or other similar activities;

(f) a new vehicle dealer as defined by K.S.A. 8-2401, and amend-

ments thereto, when transporting property to or from the place of busi-

ness of such dealer;

(g) motor vehicles carrying tools, property or material belonging to

the owner of the vehicle and used in repair, building or construction work,

not having been sold or being transported for the purpose of sale;

(h) persons operating motor vehicles which have an ad valorem tax

situs in and are registered in the state of Kansas, and used only to trans-

port grain from the producer to an elevator or other place for storage or

sale for a distance of not to exceed 50 miles;

(i) the operation of hearses, funeral coaches, funeral cars or ambu-

lances by motor carriers;

(j) motor vehicles owned and operated by the United States, the Dis-

trict of Columbia, any state, any municipality or any other political sub-

division of this state, including vehicles used exclusively for handling U.S.

mail, and the operation of motor vehicles used exclusively by organizations

operating public transportation systems pursuant to 49 U.S.C. sections

5307, 5310 and 5311;

(k) any motor vehicle with a normal seating capacity of not more than

the driver and 15 passengers while used for vanpooling or otherwise not

for profit in transporting persons who, as a joint undertaking, bear or

agree to bear all the costs of such operations, or motor vehicles with a

normal seating capacity of not more than the driver and 15 passengers

for not-for-profit transportation by one or more employers of employees

to and from the factories, plants, offices, institutions, construction sites

or other places of like nature where such persons are employed or ac-

customed to work;

(l) motor vehicles used to transport water for domestic purposes or

livestock consumption;

(m) transportation of sand, gravel, slag stone, limestone, crushed

stone, cinders, calcium chloride, bituminous or concrete paving mixtures,

blacktop, dirt or fill material to a construction site, highway maintenance

or construction project or other storage facility and the operation of ready-

mix concrete trucks in transportation of ready-mix concrete;

(n) the operation of a vehicle used exclusively for the transportation

of solid waste, as the same is defined by K.S.A. 65-3402, and amendments

thereto, to any solid waste processing facility or solid waste disposal area,

as the same is defined by K.S.A. 65-3402, and amendments thereto;

(o) the transporting of vehicles used solely in the custom combining

business when being transported by persons engaged in such business;

(p) the operation of vehicles used for servicing, repairing or trans-

porting of implements of husbandry, as defined in K.S.A. 8-1427, and

amendments thereto, by a person actively engaged in the business of

buying, selling or exchanging implements of husbandry, if such operation

is within 100 miles of such person's established place of business in this

state;

(q) transportation by taxi or bus companies operated exclusively

within any city or within 25 miles of the point of its domicile in a city;

(r) a vehicle being operated with a dealer license plate issued under

K.S.A. 8-2406, and amendments thereto, and in compliance with K.S.A.

8-136, and amendments thereto, and vehicles being operated with a full-

privilege license plate issued under K.S.A. 8-2425, and amendments

thereto;

(s) any person operating a motor vehicle with a gross vehicle weight

rating of 10,000 pounds or less, transporting property sold or to be sold

by the owner or operator of such motor vehicle, except motor vehicles

transporting hazardous materials which require placards.;

As used in this subsection, ``gross vehicle weight rating'' means the

value specified by the manufacturer as the maximum loaded weight of a

single or a combination (articulated) vehicle. The gross vehicle weight

rating of a combination (articulated) vehicle commonly referred to as the

``gross combination weight rating'' is the gross vehicle weight rating of

the power unit, plus the gross vehicle weight rating of the towed unit or

units;

(t) the operation of vehicles used for transporting materials used in

the servicing or repairing of the refractory linings of industrial boilers;

and

(u) transportation of newspapers published at least one time each

week.

Sec. 16. K.S.A. 66-1,111 is hereby amended to read as follows: 66-

1,111. No public motor carrier of property or passengers, contract motor

carrier of property or passengers for hire or private motor carrier of prop-

erty or local cartage carrier shall operate any motor vehicle for the trans-

portation of either persons or property on any public highway in this state

except in accordance with the provisions of this act , the act of which this

act is amendatory, and amendments thereto, and other applicable laws.

Sec. 17. K.S.A. 66-1,112 is hereby amended to read as follows: 66-

1,112. (a) The commission is hereby vested with power and authority and

it shall be its duty to license, supervise and regulate every public motor

carrier of property, of household goods or of passengers in this state, to

the full extent not preempted by federal law, including fixing and ap-

proving reasonable maximum or minimum, or maximum and minimum

rates, fares, charges, classifications and rules and regulations pertaining

to the transportation of household goods or passengers as defined in 49

U.S.C. 13102. The commission shall prescribe rules and regulations re-

lated to uniform cargo liability, uniform bills of lading, uniform cargo

credit and antitrust immunity for joint-line rates and routes, classifications

and mileage guides. The commission is hereby vested with power and

authority and it shall be its duty to license, supervise and regulate every

public motor carrier transporting property, household goods or passen-

gers in this state, and to regulate and supervise the accounts, schedules,

service and method of operation of same; to prescribe a uniform system

and classification of accounts to be used; to require the filing of annual

and other reports and any other data; and to supervise and regulate public

motor carriers transporting property, household goods or passengers in

all matters affecting the relationship between such public motor carriers

of property, of household goods or of passengers and the traveling and

shipping public.

(b) The commission shall have power and authority, by general order

or otherwise, to prescribe reasonable and necessary rules and regulations

governing all such motor carriers. All laws relating to the powers, duties,

authority and jurisdiction of the corporation commission over common

carriers are hereby made applicable to all such motor carriers except as

herein otherwise specifically provided.

(c) In order to insure nondiscriminatory, nonpreferential and just and

reasonable rates, joint rates, fares, tolls, charges and exactions for all ship-

pers, the commission shall establish rate-making procedures for all motor

common and contract carriers, including collective rate-making proce-

dures for joint consideration, initiation and establishment of such rates

and charges for transporting household goods or passengers as defined

in 49 U.S.C. 13102. The commission shall prescribe reasonable rules and

regulations related to uniform cargo liability, uniform bills of lading, uni-

form cargo credit and antitrust immunity for joint-line rates and routes,

classifications and mileage guides. Joint and collective rate-making shall

be limited to:

(1) That which is necessary to formulate one or more joint rates as

such term is used in K.S.A. 66-117, and amendments thereto;

(2) general rate increases or decreases if the tariff proposal gives ship-

pers, under procedures approved by the state corporation commission,

at least 15 days' notice of the proposal and an opportunity to present

comments on it before a tariff is filed with the commission and if discus-

sion of such increases or decreases is related to industry average carrier

costs and does not include discussion related exclusively to individual

markets or particular single-line rates;

(3) changes in commodity classifications;

(4) changes in tariff structures if discussion of such changes is related

to industry average carrier costs and does not include discussion related

exclusively to individual markets or particular single-line rates; and

(5) publishing of tariffs, filing of independent actions for individual

members and changes in rules and regulations which are of at least sub-

stantially general application throughout the area in which such changes

will apply.

(d) The provisions of K.S.A. 50-101 et seq., and amendments thereto,

shall not apply to the activities and procedures of persons, groups, agen-

cies, bureaus or other entities where such activities and procedures have

received approval by order of the state corporation commission under

this statute.

Sec. 18. K.S.A. 66-1,112h is hereby amended to read as follows: 66-

1,112h. Upon the request of the holder of any contract carrier permit,

private carrier permit or interstate license, while serving in the armed

forces of the United States, the state corporation commission is hereby

authorized to grant to such holder a suspension of such permit or license

for such period and upon such terms and conditions as the commission

may determine: Provided,, except that nothing herein shall be construed

to limit the authority of the commission to cancel or revoke a permit or

license for violations of statutes or rules and regulations which have oc-

curred prior to or during such suspension.

Sec. 19. K.S.A. 66-1,114 is hereby amended to read as follows: 66-

1,114. (a) Except as hereinafter provided, it shall be unlawful for any

public motor carrier to operate as a carrier of household goods or pas-

sengers in intrastate commerce within this state without first having ob-

tained from the corporation commission a certificate of convenience and

necessity to transport household goods or passengers. The corporation

commission, upon the filing of an application for a certificate, shall fix a

time and place for hearing thereon, which shall be not less than 20 and

not more than 60 days after the filing and shall be conducted in accord-

ance with the provisions of the Kansas administrative procedure act. No-

tices of hearings shall be published bimonthly in the first and third issues

of the Kansas register electronically on the commission's web site within

three days of the filing of the application. Any person may offer testimony

at such hearing.

(b) If the commission finds that the proposed service or any part

thereof is proposed to be performed by the applicant, that the applicant

is fit, willing and able to perform such service, and that the applicant is

in compliance with the commission's safety rules and regulations, liability

and cargo insurance requirements and other applicable state laws, the

commission shall issue the certificate of convenience and necessity to

transport household goods and passengers, except that if the commission

finds that the proposed service is inconsistent with the public convenience

and necessity, the commission shall not issue the certificate.

(c) Within 12 months of the issuance to a public motor carrier of a

certificate of convenience and necessity to transport household goods or

passengers, the commission shall verify that such public motor carrier

continues to be fit, knowledgeable and in compliance with the commis-

sion's safety rules and regulations, liability and cargo insurance require-

ments and other applicable state laws.

Sec. 20. K.S.A. 66-1,114b is hereby amended to read as follows: 66-

1,114b. (a) Except as hereinafter provided, it shall be unlawful for any

public motor carrier to operate as a carrier of property other than house-

hold goods or as a carrier of passengers in intrastate commerce within

this state without first having obtained from the corporation commission

a certificate of public service to transport property other than household

goods or to transport passengers.

(b) The corporation commission, upon the filing of an application for

a certificate of public service to transport property other than household

goods, shall ascertain that the motor carrier is fit, knowledgeable and in

compliance with the commission's safety rules and regulations, liability

and cargo insurance requirements and other applicable state laws. Once

a motor carrier submits a complete application demonstrating that the

motor carrier is fit, knowledgeable and in compliance with the commis-

sion's safety rules and regulations, liability and cargo insurance require-

ments and other applicable state laws, the commission may issue that

motor carrier a 30-day interim certificate of public service, signed and

approved by the commission's executive director. A list of applications

received shall be published bimonthly in the first and third issues of the

Kansas register, but in no case shall notice of the receipt of an application

be published no more than 30 days after the application is filed. If the

commission finds that the public motor carrier is fit, knowledgeable and

in compliance with the commission's safety rules and regulations, liability

and cargo insurance requirements and other applicable state laws, the

commission shall issue the certificate, signed and approved by the com-

mission's executive director, authorizing the public motor carrier to trans-

port such property statewide electronically on the commission's web site,

and shall state whether an interim certificate has been granted to the

applicant. Any person who opposes the grant of a certificate of public

service to a motor carrier applicant shall have 30 days from the commis-

sion's grant of an interim certificate to file a written protest with the

commission. If no protest against a motor carrier applicant is filed before

the expiration of the 30-day interim certificate, the commission may issue

the motor carrier applicant a permanent certificate, signed and approved

by the commission's executive director. If the commission finds that the

public motor carrier an applicant is not fit, knowledgeable, or in compli-

ance with the commission's safety rules and regulations, liability and cargo

insurance requirements and other applicable state laws, an order shall be

issued denying the application. If the commission deems it necessary, a

hearing may be held on any application, and any commission decision on

such application shall be issued by order.

(c) Motor carriers holding a certificate of convenience and necessity

to transport property other than household goods or a local wrecker per-

mit shall be considered as holding a certificate of public service to trans-

port that property originally granted by the commission as a public motor

carrier of property. Pursuant to federal law those motor carriers may

transport that property originally granted by the commission statewide.

(d) Within 12 months of the issuance to a public motor carrier of a

certificate of public service to transport property other than household

goods or passengers, the commission shall verify that such public motor

carrier continues to be fit, knowledgeable and in compliance with the

commission's safety rules and regulations, liability and cargo insurance

requirements and other applicable state laws.

Sec. 21. K.S.A. 66-1,115 is hereby amended to read as follows: 66-

1,115. It shall be unlawful for any ``contract motor carrier of property or

passengers'' or ``private motor carrier of property'' private motor carrier

to operate as a carrier of property or passengers within this state either

in intrastate commerce or in interstate commerce without first having

obtained from the corporation commission a license or permit or regis-

tered pursuant to 49 U.S.C. 14504. An application shall be made to the

corporation commission in writing stating such information as the com-

mission may request. Upon receipt of such information and on compli-

ance with the rules and regulations and payment of fees, the corporation

commission shall issue a license or permit to such applicant.

Sec. 22. K.S.A. 66-1,115a is hereby amended to read as follows: 66-

1,115a. Notwithstanding the provisions of K.S.A. 66-1,112b and 66-1,114,

and amendments thereto, the commission may issue or grant contract

carrier permits and common public motor carrier certificates or aban-

donments thereof without a formal hearing when the request for such

issuance, grant or abandonment is made by verified application, and

proper notice has been given in accordance with K.S.A. 66-1,112b and

66-1,114, and amendments thereto, if no protests are lodged against the

granting of the application and if the applicant demonstrates the applicant

is fit, willing and able to perform such service and is in compliance with

the commission's safety rules and regulations. For applications of public

motor carriers transporting household goods or passengers, if the com-

mission finds that evidence shows that the proposed service is inconsistent

with the public convenience and necessity, the commission shall not grant

the application.

Sec. 23. K.S.A. 66-1,116 is hereby amended to read as follows: 66-

1,116. (a) It shall be unlawful for a public motor carrier of property, of

household goods or of passengers, or a contract motor carrier of property

or of passengers, to operate in interstate commerce regulated by the rel-

evant federal agency without registering its motor vehicles in its base state

pursuant to 49 U.S.C. 14504 in order to operate in Kansas.

(b) It shall be unlawful for a public motor carrier of property, of

household goods or of passengers, a contract motor carrier of property

or of passengers, or a private motor carrier of property which is exempt

from federal regulations, to operate in interstate commerce within this

state, without having furnished the corporation commission, in writing

such information as the commission may request covering observance of

state police regulations and the payments of the fees. This act shall apply

to all persons and motor vehicles engaged in interstate commerce only to

the extent permitted by the constitution and laws of the United States.

Sec. 24. K.S.A. 66-1,119 is hereby amended to read as follows: 66-

1,119. No public motor carrier authorized by this act to operate shall

change, abandon or discontinue any service established by this act or

operations under any certificate of convenience and necessity issued for

carriers of household goods or passengers without consent of the com-

mission after written application. Failure of any motor carrier to annually

renew its authority, certificate or permit in a timely manner shall result

in a termination of that motor carrier's authority by operation of law. A

list of applications for changes to, abandonments of or discontinuances of

any authority, as well as any abandonments of authority by operation of

law for failure to renew, shall be published on the commission's web site.

Sec. 25. K.S.A. 66-1,126 is hereby amended to read as follows: 66-

1,126. Any person who shall operate as any carrier to which this act applies

without first obtaining a certificate, permit or license or in violation of

any of the terms thereof, or who fails to make any return or report re-

quired by this act or by the commission, or who denies to the commission

access to such carrier's books or records, or who fails to comply with any

commission order requiring the payment of a penalty, orders requiring

the cease and desist of certain operations or orders placing a motor carrier

out of service, shall be guilty of a misdemeanor and shall be punished as

provided in K.S.A. 66-1,130, and amendments thereto.

Sec. 26. K.S.A. 66-1,128 is hereby amended to read as follows: 66-

1,128. (a) Except as provided in subsection (c) or pursuant to 49 U.S.C.

14504, no certificate, permit, or license shall be issued by the state cor-

poration commission to any public motor carrier of property, household

goods or passengers, contract motor carrier of property or passengers or

private motor carrier of property, until the applicant has filed with the

commission a liability insurance policy approved by the commission, in

such reasonable amounts as the commission determines by rules and reg-

ulations is necessary to adequately protect the interest of the public with

due regard to the number of persons and amount of property involved.

Such amounts shall not be less than $100,000 for personal injury or death

to any one person in any one accident, $300,000 for injury or death to

two or more persons in any one accident and $50,000 for loss to property

of others in any one accident, which liability insurance shall bind the

obligors to pay compensation for injuries to persons and loss of or damage

to property resulting from the negligent operation of such carrier.

(b) The liability insurance policy required to be filed by any resident

applicant shall be in an insurance company or association authorized to

transact business in this state. Such policy of any nonresident applicant

may be afforded by an insurance company not authorized to do business

in this state which has given the commissioner of insurance of this state

a power of attorney authorizing such commissioner to accept service on

its behalf of notice or process in any action upon such policy. Such com-

pany not authorized to do business in this state shall have on file with

such commissioner a form as prescribed by subsection (b) of K.S.A. 40-

3106, and amendments thereto. A certificate of any insurance company

or association, in a form approved by the state corporation commission

certifying that there is in effect the liability insurance required by this

section, may be filed in lieu of the insurance policy itself. In the event

such certificate is filed, such company shall furnish to the commission

upon its request a duplicate original of the insurance policy and all en-

dorsements thereon. No other or additional bonds or licenses than those

prescribed in this act shall be required of any motor carrier by any city

or town or other agency of the state.

(c) Any public motor carrier of property, household goods or passen-

gers, contract motor carrier of property or passengers or private motor

carrier of property in whose name more than 25 motor vehicles are reg-

istered may qualify as a self-insurer by obtaining a certificate of self-

insurance from the commissioner of insurance. Upon application of any

such carrier, the commissioner of insurance may issue a certificate of self-

insurance, if the commissioner is satisfied that such carrier is possessed

and will continue to be possessed of ability to pay any judgment obtained

against such carrier arising out of the ownership, operation, maintenance

or use of any motor vehicle registered in such carrier's name.

(d) Upon notice and a hearing in accordance with the provisions of

the Kansas administrative procedure act, the commissioner of insurance

may cancel a certificate of self-insurance upon reasonable grounds. Fail-

ure to pay any judgment against a self-insurer, arising out of the owner-

ship, operation, maintenance or use of a motor vehicle registered in such

self-insurer's name, within 30 days after such judgment shall have become

final, shall constitute reasonable grounds for the cancellation of a certif-

icate of self-insurance.

Sec. 27. K.S.A. 66-1,129 is hereby amended to read as follows: 66-

1,129. (a) The commission shall adopt rules and regulations necessary to

carry out the provisions of this act. No public motor carrier of property,

household goods or passengers, contract motor carrier of property or

passengers or private motor carrier of property shall operate or allow the

operation of any motor vehicle on any public highway in this state except

within the provisions of the rules and regulations adopted by the com-

mission. Rules and regulations adopted by the commission shall include:

(1) Every vehicle unit shall be maintained in a safe and sanitary con-

dition at all times.

(2) Every driver of a public motor carrier, operating as a carrier of

intrastate commerce within this state, shall be at least 18 years of age.

Every driver of a contract motor carrier or private motor carrier, oper-

ating as a carrier of intrastate commerce within this state, shall be at least

16 years of age. All such drivers shall be competent to operate the motor

vehicle under such driver's charge.

(3) Minimum age requirements for every driver of a motor carrier,

operating as a carrier of interstate commerce, shall be consistent with

federal motor carrier regulations.

(4) Hours of service for operators of all motor carriers to which this

act applies shall be fixed by the commission.

(5) Accidents arising from or in connection with the operation of mo-

tor carriers shall be reported to the commission within the time, in the

detail and in the manner as the commission requires.

(6) Every motor carrier shall have attached to each unit or vehicle

distinctive marking adopted by the commission.

(7) Motor carrier transportation requirements that are consistent

with continuation of the federal motor carrier safety assistance program

and other federal requirements concerning transportation of hazardous

materials.

(b) No rules and regulations adopted by the commission pursuant to

this section shall require the operator of any motor vehicle having a gross

vehicle weight rating or gross combination weight rating of not more than

10,000 pounds to submit to a physical examination, unless required by

federal laws or regulations.

(c) Any rules and regulations of the commission, adopted pursuant

to this section, shall not apply to the following, while engaged in the

carriage of intrastate commerce in this state:

(1) The owner of livestock or producer of farm products transporting

livestock of such owner or farm products of such producer to market in

a motor vehicle of such owner or producer, or the motor vehicle of a

neighbor on the basis of barter or exchange for service or employment,

or to such owner or producer transporting supplies for the use of such

owner or producer in or producer, or in the motor vehicle of a neighbor

on the basis of barter or exchange for service or employment.

(2) The transportation of children to and from school, or to motor

vehicles owned by schools, colleges, and universities, religious or chari-

table organizations and institutions, or governmental agencies, when used

to convey students, inmates, employees, athletic teams, orchestras, bands

or other similar activities.

(3) Motor (A) Except for motor vehicles under subparagraph (B),

motor vehicles, with a gross vehicle weight rating, as defined in subsection

(s) of K.S.A. 66-1,109, and amendments thereto, of 26,000 pounds or less,

carrying tools, property or material belonging to the owner of the vehicle,

and used in repair, building or construction work, not having been sold

or being transported for the purpose of sale, except vehicles transporting

hazardous materials which require placards.

(B) Except vehicles transporting hazardous materials which require

placards, motor vehicles, with a gross vehicle weight rating of 26,000

pounds or less, carrying tools, property or material belonging to the owner

of the vehicle and used in repair, building or construction work and such

tools, property or material are being transported to or from an active

construction site located within a radius of 25 miles of the principal place

of business of the motor carrier.

(4) Persons operating motor vehicles which have an ad valorem tax

situs in and are registered in the state of Kansas, and used only to trans-

port grain from the producer to an elevator or other place for storage or

sale for a distance of not to exceed 50 miles.

(5) The operation of hearses, funeral coaches, funeral cars or am-

bulances by motor carriers.

(6) Motor vehicles owned and operated by the United States, the

District of Columbia, any state, any municipality or any other political

subdivisions of this state.

(7) Any motor vehicle with a normal seating capacity of not more

than the driver and 15 passengers while used for vanpooling or otherwise

not for profit in transporting persons who, as a joint undertaking, bear or

agree to bear all the costs of such operations, or motor vehicles with a

normal seating capacity not more than the driver and 15 passengers for

not-for-profit transportation by one or more employers of employees to

and from the factories, plants, offices, institutions, construction sites or

other places of like nature where such persons are employed or accus-

tomed to work.

(8) Motor vehicles used to transport water for domestic purposes or

livestock consumption.

(9) The operation of vehicles used for servicing, repairing or trans-

porting of implements of husbandry, as defined in K.S.A. 8-1427, and

amendments thereto, by a person actively engaged in the business of

buying, selling or exchanging implements of husbandry, if such operation

is within 100 miles of such person's established place of business in this

state, unless the implement of husbandry is transported on a commercial

motor vehicle.

Sec. 28. K.S.A. 66-1,129a is hereby amended to read as follows: 66-

1,129a. (a) The commission, at any time for good cause shown, may sus-

pend the operation of any motor carrier subject to economic or safety

rules and regulations adopted by the commission. Upon notice and an

opportunity to be heard in accordance with the provisions of the Kansas

administrative procedure act, the commission may revoke, amend, initiate

sanctions or fine any motor carrier who has a certificate, license or permit

issued by the commission or is subject to the safety rules and regulations

adopted by the commission. Any motor carrier suspended prior to a hear-

ing must be afforded the opportunity of a hearing on the matter. If such

a hearing is requested, the hearing shall be held within 10 days of the

request.

(b) The director of the commission's transportation division, at any

time for good cause shown, may request the Kansas highway patrol to

impound a motor carrier's vehicle or vehicles when that motor carrier

has:

(1) Failed to comply with an out-of-service order;

(2) failed to comply with a cease or desist order;

(3) failed to obtain commission authority to operate;

(4) failed to pay a commission-assessed civil penalty; or

(5) has otherwise failed to comply with a commission order. Any mo-

tor carrier whose vehicle is impounded prior to a hearing must be afforded

the opportunity of a hearing on the matter. If such a hearing is requested,

the hearing shall be held within 10 days of the request.

(c) The commission is authorized to enter into any contracts or agree-

ments necessary with the superintendent of the Kansas highway patrol,

in order to provide facilities and personnel to accomplish the impounding

of vehicles.

(d) If the owner of a motor vehicle which has been impounded pur-

suant to this section refuses to pay any towing, impoundment, storage or

other fees relating to the impoundment of such vehicle or fails to take

possession of such vehicle within 30 days following the date of the expi-

ration of the impoundment period, such vehicle shall be deemed aban-

doned and the vehicle may be disposed of by the person having possession

of such vehicle. If the person having possession of such vehicle is a public

agency, disposition of such vehicle shall be in compliance with the pro-

cedures for notice and public auction provided by paragraph (2) of sub-

section (a) of K.S.A. 8-1102, and amendments thereto. If the person having

possession of such vehicle is not a public agency, disposition of such ve-

hicle shall be in compliance with K.S.A. 8-1103 through 8-1108, and

amendments thereto.

Sec. 29. K.S.A. 66-1,130 is hereby amended to read as follows: 66-

1,130. Every carrier to which this act applies and every person who vio-

lates or who procures, aids or abets in the violating of any provision of

this act, or who fails to obey any order, decision or rule and regulation of

the commission, or who procures or aids or abets any person in his failure

to obey such order, decision or rule and regulation, shall be deemed guilty

of a misdemeanor and upon conviction shall be punished by a fine of not

exceeding $500. The inspectors designated by the commission shall have

all the lawful powers of peace officers to enforce this act in any county

or city of this state.

Sec. 30. K.S.A. 66-1,139 is hereby amended to read as follows: 66-

1,139. (a) All interstate regulated public motor carriers of property, of

household goods or of passengers or contract motor carriers of property

or of passengers who operate a motor vehicle in Kansas shall register their

motor vehicles in their base state pursuant to 49 U.S.C. 14504, unless

exempted under the provision of K.S.A. 66-1,109, and amendments

thereto.

(b) All intrastate public motor carriers of property, household goods

or passengers, contract motor carriers of property or passengers, and pri-

vate motor carriers of property shall register with the state corporation

commission all trucks or truck tractors as defined by K.S.A. 8-126, and

amendments thereto, and all other passenger vehicles used to transport

persons for hire, used in the operation of their business as such, except

those used in operations exempted under the provisions of K.S.A. 66-

1,109, and amendments thereto.

(c) Interstate motor carriers which have been granted authority by

the commission to transport commodities exempt from the jurisdiction

of the relevant federal authority and who operate for hire or who operate

as private motor carriers shall register all trucks or truck tractors as de-

fined by K.S.A. 8-126, and amendments thereto, and all other passenger

vehicles used to transport persons for hire, used in the operation of their

business as such, except those used in operations exempted under the

provisions of K.S.A. 66-1,109, and amendments thereto. For the purpose

of assisting in paying the cost of supervision and regulation of motor

carriers, every such carrier shall annually pay to the commission for each

calendar year a regulatory fee of $10 for each truck, truck tractor or

passenger vehicle registered with the commission. No fee shall be

charged for a trailer or semitrailer. Interstate motor carriers that are al-

ready registered pursuant to subsection (a), shall not be required to reg-

ister under this subsection.

(d) All applications for registration shall be made on forms furnished

by the commission. Applications for registration of interstate common or

contract motor carriers shall include on the application the quantity of

trucks, truck tractors or passenger vehicles used by the motor carriers on

which a fee is required to be paid. Applications for registration of intra-

state common or contract motor carriers, private motor carriers, and in-

terstate exempt motor carriers shall include the complete vehicle iden-

tification numbers and the year and make of all trucks, truck tractors or

passenger vehicles used by the motor carrier, on which a fee is required

to be paid, and the application shall be accompanied by the required fee.

The fees shall be due January 1 and shall be paid not later than January

15. Upon receipt of the application and fee, the commission shall issue

to the carrier appropriate credentials for each vehicle registered.

(e) The commission shall remit all moneys received by it or for it in

payment of fees imposed under this section to the state treasurer in ac-

cordance with the provisions of K.S.A. 75-4215, and amendments thereto.

Upon receipt of each such remittance, the state treasurer shall deposit

the entire amount in the state treasury to the credit of the motor carrier

license fees fund.

Sec. 31. K.S.A. 66-1,140 is hereby amended to read as follows: 66-

1,140. (a) The commission shall make reasonable rules and regulations

specifying circumstances under which substitute or extra trucks, truck

tractors or passenger vehicles to be used temporarily in cases of emer-

gency or for special occasional trips by carriers currently licensed by the

commission may be registered and shall prescribe and collect a reasonable

registration fee therefor, not exceeding $2.50 $10 for each truck, truck

tractor or passenger vehicle. The term of such registration shall be for

such period of time as the commission shall prescribe by rules and reg-

ulations.

(b) The commission shall also provide for special registration for

trucks, truck tractors or passenger vehicles not registered under the pro-

visions of K.S.A. 66-1,139, and amendments thereto, which enter the state

only on an occasional trip or in temporary service and shall collect $5 $15

as a fee therefor.

(c) By contract entered into by the commission and, the superinten-

dent of the Kansas highway patrol and the secretary of the department of

revenue, the commission may designate the superintendent as the agent

and secretary as agents authorized to provide the special registrations

under either subsection (a) or (b) so that such registrations will be ob-

tainable at motor carrier inspection stations and department of revenue

offices. In such event, the superintendent of the Kansas highway patrol

or the superintendent's designee and the secretary or the secretary's des-

ignee may provide such special registrations pursuant to the terms and

conditions of the applicable contract. The commission or its designated

agent shall acknowledge special registration under either subsection (a)

or (b), which acknowledgment shall accompany the vehicle and be used

and accepted as evidence of such registration; and when necessary, such

acknowledgment shall be by telegram.

Sec. 32. K.S.A. 66-1313a is hereby amended to read as follows: 66-

1313a. Except as otherwise authorized under other laws of this state, a

motor carrier who holds a certificate of convenience and necessity, a

certificate of public service, a contract carrier permit, a private carrier

permit or an interstate license from the state corporation commission,

upon application to the commission, may be designated to establish an

authorized inspection station for the inspection of the motor vehicles,

trailers and semitrailers operated in this state by such motor carrier for

compliance with the equipment statutes and rules and regulations of this

state. Such inspection station shall be located in Kansas. If the condition

of the motor vehicle, trailer or semitrailer is found to be in compliance

with the laws of this state, the authorized inspection station shall issue a

certificate of inspection stating its approval and the date of the inspection.

No certificate shall be issued unless equipment not in compliance is first

repaired or corrected and records of such repairs or corrections are main-

tained by the authorized inspection station. Certificates issued under this

section shall be valid for 12 months from the date of issue. Every certif-

icate of approval issued pursuant to this section shall be issued in tripli-

cate. One copy of such certificate shall be carried in the motor vehicle of

the combination of vehicles of which a trailer or semitrailer is a part or

in the motor vehicle if applicable to the motor vehicle, during the time

such certificate is valid or in effect, one copy shall be retained by the

authorized inspection station as prescribed by rules and regulations of the

commission and the third copy shall be returned to the commission. Such

equipment inspection records shall be made available to the commission

upon request. The commission shall adopt rules and regulations for the

administration of this section and shall establish a schedule of fees and

charges governing the cost of administration of such authorized inspection

stations.

Sec. 33. K.S.A. 79-6a01 is hereby amended to read as follows: 79-

6a01. The director of property valuation shall value and assess annually

the over-the-road motor vehicles and rolling equipment of motor carriers

described in this act. The local deputy assessor shall value and assess

within the taxing district where located all other property, real and per-

sonal, belonging to such motor carriers.

As used in this act, ``over-the-road motor vehicles and rolling equip-

ment'' shall include all motor-driven vehicles, trailers, semitrailers, buses

and trucks owned, used or operated in the state of Kansas by such motor

carriers in the transportation of persons or property other than motor

vehicles and rolling equipment used solely or mainly for local transpor-

tation in a particular community or local area, or for local pickup and

delivery, or passenger automobiles used for purposes other than trans-

portation of persons or property for hire. ``Motor carriers'' as used in this

act shall include every person, firm or corporation who or which holds a

certificate of convenience and necessity, a certificate of public service, a

contract carrier permit, or an interstate license as a common, contract or

exempt carrier from the corporation commission of the state of Kansas

or is required to register motor carrier equipment pursuant to 49 U.S.C.

11506.

Sec. 34. K.S.A. 79-6a02 is hereby amended to read as follows: 79-

6a02. On or before the twentieth day of March 20 in each year every

person, firm or corporation which was a motor carrier on the first day of

January 1 of said such year and who or which owned, used or operated

any over-the-road motor vehicles or rolling equipment in the state of

Kansas during the preceding year shall (if a firm or corporation by its

president, secretary or principal acting officer or agent) return to the

director of property valuation, upon forms furnished by said the director,

a sworn statement or schedule as follows:

1. A list of all certificates, licenses and permits which have been is-

sued to the operator as a motor carrier by the Kansas state corporation

commission.

2. The total number of miles for which all over-the-road motor ve-

hicles used in the state of Kansas were operated in Kansas and everywhere

during the calendar year prior to making such report.

3. The complete list of over-the-road vehicles and rolling equipment

owned, used or operated in the state of Kansas by said such motor carrier

during the preceding calendar year and giving the name and number,

model and value of the same: Provided,, except that interchange equip-

ment and trip-leased equipment shall be listed only by the owner.

4. In case any motor carrier holding a certificate of convenience and

necessity, a contract carrier permit or an interstate license as a common,

contract or exempt carrier from the corporation commission of the state

of Kansas between January 1 and March 1 of any year did not own, use

or operate any over-the-road motor vehicle or rolling equipment in the

state of Kansas during the preceding calendar year he or she such motor

carrier shall on or before the twentieth day of March 20 of such year file

with the director of property valuation a complete list and number of

over-the-road motor vehicles and rolling equipment owned, used or op-

erated by him or her such motor carrier in the state of Kansas between

January 1 and March 1 of the year in which such list is filed together with

a verified statement estimating the number of miles he or she such motor

carrier expects such equipment to be operated in the state of Kansas and

everywhere during such year.

5. In case any motor carrier required to file a statement under the

provisions of this act fails to make and file such statement on or before

the twentieth day of March 20, the director of property valuation shall,

after he or she the director has ascertained the value of the property, of

such motor carrier from any other sources available to him or her the

director, add fifty percent (50%) 50% additional value as a penalty for

failure to file a report, but such assessment shall not relieve the motor

carrier from the duty to file such report or statement: Provided,, except

that for good cause shown the director of property valuation may extend

the time in which to make and file such statement: Provided further,,

except that whenever, in the judgment of the director of property valua-

tion the failure of any motor carrier to comply with this provision is due

to a good and reasonable cause, the director of property valuation may at

his or her the director's discretion waive or reduce any of the penalty

herein provided upon making a record of his or her the director's reason

therefor. In the event a motor carrier shall file a statement for any year

within one year after such statement was due, the director of property

valuation shall recompute the assessment, tax and penalty on the basis of

said such statement.

Sec. 35. K.S.A. 79-6a03 is hereby amended to read as follows: 79-

6a03. The director of property valuation shall value and assess all over-

the-road motor vehicles owned, used and operated in the state of Kansas

during the preceding calendar year by every motor carrier for the purpose

of taxation by the state of Kansas in an amount to be determined in the

following manner and according to the following method:

(1) The true value of all over-the-road motor vehicles and rolling

equipment operated in the state of Kansas shall be determined;

(2) the ratio which the total number of miles of the equipment listed

operated in the state of Kansas bears to the total number of miles oper-

ated everywhere by such equipment shall be determined;

(3) the assessed value of all over-the-road motor vehicles and rolling

equipment owned, used or operated in the state of Kansas by said such

motor carrier shall be determined by multiplying the true value by the

mileage ratio;

(4) the amount so determined shall be the value and assessment of

all over-the-road motor vehicles and rolling equipment owned, used or

operated in the state of Kansas by said such motor carrier in the state of

Kansas: Provided,, except that if any motor carrier who or which holds a

certificate of convenience and necessity, a contract carrier permit, or an

interstate license as a common, contract or exempt carrier from the cor-

poration commission of the state of Kansas between January 1 and March

1 of any year did not own, use or operate any over-the-road motor vehicles

or rolling equipment in Kansas during the preceding calendar year, the

director of property valuation shall determine the mileage ratio of miles

operated in the state of Kansas to miles operated everywhere by use of

the estimate of mileage furnished by such motor carrier, and apply the

same to the assessed valuation of the equipment listed by said such motor

carrier to determine the assessed value of such equipment and the tax

due thereon; and in any such case, when the carrier files his or her such

carrier's return the following year, showing the actual mileage of such

vehicles in the state of Kansas and everywhere during such year, the

director of property valuation shall recompute the tax and refund any

excess tax paid by such carrier, or if an additional amount of tax is deter-

mined to be due from the taxpayer, said such additional amount shall

become due upon mailing of notice of such additional tax to the motor

carrier by the director of property valuation, which additional tax may be

collected as provided in K.S.A. 79-6a07 and 79-6a11, and amendments

thereto.

Sec. 36. K.S.A. 8-142, 8-2107, 32-1009, 44-503c, 60-305a, 65-1626,

65-4101, 65-4116, 65-7004, 66-1,105, 66-1,108, 66-1,109, 66-1,111, 66-

1,112, 66-1,112a, 66-1,112b, 66-1,112c, 66-1,112d, 66-1,112e, 66-1,112f,

66-1,112h, 66-1,114, 66-1,114b, 66-1,115, 66-1,115a, 66-1,116, 66-1,119,

66-1,126, 66-1,128, 66-1,129, 66-1,129a, 66-1,130, 66-1,139, 66-1,140, 66-

1a01, 66-1313a, 79-6a01, 79-6a02 and 79-6a03 and K.S.A. 2002 Supp. 8-

2,127 are hereby repealed.

Sec. 37. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003