Session of 1998
HOUSE BILL No. 2852
By Committee on Taxation
2-9
9
AN ACT relating to sales taxation; exempting
sales of certain coins and
10 bullion therefrom;
amending K.S.A. 79-3606 and repealing the existing
11 section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
79-3606 is hereby amended to read as follows:
15 79-3606. The following shall be exempt from
the tax imposed by this act:
16 (a) All sales of
motor-vehicle fuel or other articles upon which a sales
17 or excise tax has been paid, not subject to
refund, under the laws of this
18 state except cigarettes as defined by
K.S.A. 79-3301 and amendments
19 thereto, cereal malt beverages and malt
products as defined by K.S.A. 79-
20 3817 and amendments thereto, including
wort, liquid malt, malt syrup
21 and malt extract, which is not subject to
taxation under the provisions of
22 K.S.A. 79-41a02 and amendments thereto, and
motor vehicles as defined
23 by K.S.A. 79-1017 and amendments
thereto;
24 (b) all sales of
tangible personal property or service, including the
25 renting and leasing of tangible personal
property, purchased directly by
26 the state of Kansas, a political
subdivision thereof, other than a school or
27 educational institution, or purchased by a
public or private nonprofit hos-
28 pital or nonprofit blood, tissue or organ
bank and used exclusively for
29 state, political subdivision, hospital or
nonprofit blood, tissue or organ
30 bank purposes, except when: (1) Such state
or hospital is engaged or
31 proposes to engage in any business
specifically taxable under the provi-
32 sions of this act and such items of
tangible personal property or service
33 are used or proposed to be used in such
business, or (2) such political
34 subdivision is engaged or proposes to
engage in the business of furnishing
35 gas, water, electricity or heat to others
and such items of personal prop-
36 erty or service are used or proposed to be
used in such business;
37 (c) all sales of
tangible personal property or services, including the
38 renting and leasing of tangible personal
property, purchased directly by
39 a public or private elementary or secondary
school or public or private
40 nonprofit educational institution and used
primarily by such school or
41 institution for nonsectarian programs and
activities provided or sponsored
42 by such school or institution or in the
erection, repair or enlargement of
43 buildings to be used for such purposes. The
exemption herein provided
HB 2852
2
1 shall not apply to erection,
construction, repair, enlargement or equip-
2 ment of buildings used primarily for
human habitation;
3 (d) all sales of
tangible personal property or services purchased by a
4 contractor for the purpose of
constructing, equipping, reconstructing,
5 maintaining, repairing, enlarging,
furnishing or remodeling facilities for
6 any public or private nonprofit
hospital, public or private elementary or
7 secondary school or a public or
private nonprofit educational institution,
8 which would be exempt from taxation
under the provisions of this act if
9 purchased directly by such hospital,
school or educational institution; and
10 all sales of tangible personal property or
services purchased by a contrac-
11 tor for the purpose of constructing,
equipping, reconstructing, maintain-
12 ing, repairing, enlarging, furnishing or
remodeling facilities for any polit-
13 ical subdivision of the state, the total
cost of which is paid from funds of
14 such political subdivision and which would
be exempt from taxation under
15 the provisions of this act if purchased
directly by such political subdivision.
16 Nothing in this subsection or in the
provisions of K.S.A. 12-3418 and
17 amendments thereto, shall be deemed to
exempt the purchase of any
18 construction machinery, equipment or tools
used in the constructing,
19 equipping, reconstructing, maintaining,
repairing, enlarging, furnishing
20 or remodeling facilities for any political
subdivision of the state. As used
21 in this subsection, K.S.A. 12-3418 and
79-3640, and amendments thereto,
22 ``funds of a political subdivision'' shall
mean general tax revenues, the
23 proceeds of any bonds and gifts or
grants-in-aid. Gifts shall not mean
24 funds used for the purpose of constructing,
equipping, reconstructing,
25 repairing, enlarging, furnishing or
remodeling facilities which are to be
26 leased to the donor. When any political
subdivision of the state, public or
27 private nonprofit hospital, public or
private elementary or secondary
28 school or public or private nonprofit
educational institution shall contract
29 for the purpose of constructing, equipping,
reconstructing, maintaining,
30 repairing, enlarging, furnishing or
remodeling facilities, it shall obtain
31 from the state and furnish to the
contractor an exemption certificate for
32 the project involved, and the contractor
may purchase materials for in-
33 corporation in such project. The contractor
shall furnish the number of
34 such certificate to all suppliers from whom
such purchases are made, and
35 such suppliers shall execute invoices
covering the same bearing the num-
36 ber of such certificate. Upon completion of
the project the contractor
37 shall furnish to the political subdivision,
hospital, school or educational
38 institution concerned a sworn statement, on
a form to be provided by the
39 director of taxation, that all purchases so
made were entitled to exemption
40 under this subsection. As an alternative to
the foregoing procedure, any
41 such contracting entity may apply to the
secretary of revenue for agent
42 status for the sole purpose of issuing and
furnishing project exemption
43 certificates to contractors pursuant to
rules and regulations adopted by
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3
1 the secretary establishing conditions
and standards for the granting and
2 maintaining of such status. All
invoices shall be held by the contractor for
3 a period of five years and shall be
subject to audit by the director of
4 taxation. If any materials purchased
under such a certificate are found
5 not to have been incorporated in the
building or other project or not to
6 have been returned for credit or the
sales or compensating tax otherwise
7 imposed upon such materials which
will not be so incorporated in the
8 building or other project reported
and paid by such contractor to the
9 director of taxation not later than
the 20th day of the month following
10 the close of the month in which it shall be
determined that such materials
11 will not be used for the purpose for which
such certificate was issued, the
12 political subdivision, hospital, school or
educational institution concerned
13 shall be liable for tax on all materials
purchased for the project, and upon
14 payment thereof it may recover the same
from the contractor together
15 with reasonable attorney fees. Any
contractor or any agent, employee or
16 subcontractor thereof, who shall use or
otherwise dispose of any materials
17 purchased under such a certificate for any
purpose other than that for
18 which such a certificate is issued without
the payment of the sales or
19 compensating tax otherwise imposed upon
such materials, shall be guilty
20 of a misdemeanor and, upon conviction
therefor, shall be subject to the
21 penalties provided for in subsection (g) of
K.S.A. 79-3615, and amend-
22 ments thereto;
23 (e) all sales of
tangible personal property or services purchased by a
24 contractor for the erection, repair or
enlargement of buildings or other
25 projects for the government of the United
States, its agencies or instru-
26 mentalities, which would be exempt from
taxation if purchased directly
27 by the government of the United States, its
agencies or instrumentalities.
28 When the government of the United States,
its agencies or instrumen-
29 talities shall contract for the erection,
repair, or enlargement of any build-
30 ing or other project, it shall obtain from
the state and furnish to the
31 contractor an exemption certificate for the
project involved, and the con-
32 tractor may purchase materials for
incorporation in such project. The
33 contractor shall furnish the number of such
certificates to all suppliers
34 from whom such purchases are made, and such
suppliers shall execute
35 invoices covering the same bearing the
number of such certificate. Upon
36 completion of the project the contractor
shall furnish to the government
37 of the United States, its agencies or
instrumentalities concerned a sworn
38 statement, on a form to be provided by the
director of taxation, that all
39 purchases so made were entitled to
exemption under this subsection. As
40 an alternative to the foregoing procedure,
any such contracting entity may
41 apply to the secretary of revenue for agent
status for the sole purpose of
42 issuing and furnishing project exemption
certificates to contractors pur-
43 suant to rules and regulations adopted by
the secretary establishing con-
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4
1 ditions and standards for the
granting and maintaining of such status. All
2 invoices shall be held by the
contractor for a period of five years and shall
3 be subject to audit by the director
of taxation. Any contractor or any agent,
4 employee or subcontractor thereof,
who shall use or otherwise dispose of
5 any materials purchased under such a
certificate for any purpose other
6 than that for which such a
certificate is issued without the payment of
7 the sales or compensating tax
otherwise imposed upon such materials,
8 shall be guilty of a misdemeanor and,
upon conviction therefor, shall be
9 subject to the penalties provided for
in subsection (g) of K.S.A. 79-3615
10 and amendments thereto;
11 (f) tangible personal
property purchased by a railroad or public utility
12 for consumption or movement directly and
immediately in interstate
13 commerce;
14 (g) sales of aircraft
including remanufactured and modified aircraft,
15 sales of aircraft repair, modification and
replacement parts and sales of
16 services employed in the remanufacture,
modification and repair of air-
17 craft sold to persons using such aircraft
and aircraft repair, modification
18 and replacement parts as certified or
licensed carriers of persons or prop-
19 erty in interstate or foreign commerce
under authority of the laws of the
20 United States or any foreign government or
sold to any foreign govern-
21 ment or agency or instrumentality of such
foreign government and all
22 sales of aircraft, aircraft parts,
replacement parts and services employed
23 in the remanufacture, modification and
repair of aircraft for use outside
24 of the United States;
25 (h) all rentals of
nonsectarian textbooks by public or private elemen-
26 tary or secondary schools;
27 (i) the lease or rental
of all films, records, tapes, or any type of sound
28 or picture transcriptions used by motion
picture exhibitors;
29 (j) meals served without
charge or food used in the preparation of
30 such meals to employees of any restaurant,
eating house, dining car, hotel,
31 drugstore or other place where meals or
drinks are regularly sold to the
32 public if such employees' duties are
related to the furnishing or sale of
33 such meals or drinks;
34 (k) any motor vehicle,
semitrailer or pole trailer, as such terms are
35 defined by K.S.A. 8-126 and amendments
thereto, or aircraft sold and
36 delivered in this state to a bona fide
resident of another state, which motor
37 vehicle, semitrailer, pole trailer or
aircraft is not to be registered or based
38 in this state and which vehicle,
semitrailer, pole trailer or aircraft will not
39 remain in this state more than 10 days;
40 (l) all isolated or
occasional sales of tangible personal property, serv-
41 ices, substances or things, except isolated
or occasional sale of motor
42 vehicles specifically taxed under the
provisions of subsection (o) of K.S.A.
43 79-3603 and amendments thereto;
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5
1 (m) all sales of
tangible personal property which become an ingre-
2 dient or component part of tangible
personal property or services pro-
3 duced, manufactured or compounded for
ultimate sale at retail within or
4 without the state of Kansas; and any
such producer, manufacturer or
5 compounder may obtain from the
director of taxation and furnish to the
6 supplier an exemption certificate
number for tangible personal property
7 for use as an ingredient or component
part of the property or services
8 produced, manufactured or
compounded;
9 (n) all sales of
tangible personal property which is consumed in the
10 production, manufacture, processing,
mining, drilling, refining or com-
11 pounding of tangible personal property, the
treating of by-products or
12 wastes derived from any such production
process, the providing of serv-
13 ices or the irrigation of crops for
ultimate sale at retail within or without
14 the state of Kansas; and any purchaser of
such property may obtain from
15 the director of taxation and furnish to the
supplier an exemption certifi-
16 cate number for tangible personal property
for consumption in such pro-
17 duction, manufacture, processing, mining,
drilling, refining, compound-
18 ing, treating, irrigation and in providing
such services;
19 (o) all sales of
animals, fowl and aquatic plants and animals, the pri-
20 mary purpose of which is use in agriculture
or aquaculture, as defined in
21 K.S.A. 47-1901, and amendments thereto, the
production of food for
22 human consumption, the production of
animal, dairy, poultry or aquatic
23 plant and animal products, fiber or fur, or
the production of offspring for
24 use for any such purpose or purposes;
25 (p) all sales of drugs,
as defined by K.S.A. 65-1626 and amendments
26 thereto, dispensed pursuant to a
prescription order, as defined by K.S.A.
27 65-1626 and amendments thereto, by a
licensed practitioner;
28 (q) all sales of insulin
dispensed by a person licensed by the state
29 board of pharmacy to a person for treatment
of diabetes at the direction
30 of a person licensed to practice medicine
by the board of healing arts;
31 (r) all sales of
prosthetic and orthopedic appliances prescribed in
32 writing by a person licensed to practice
the healing arts, dentistry or
33 optometry. For the purposes of this
subsection, the term prosthetic and
34 orthopedic appliances means any apparatus,
instrument, device, or equip-
35 ment used to replace or substitute for any
missing part of the body; used
36 to alleviate the malfunction of any part of
the body; or used to assist any
37 disabled person in leading a normal life by
facilitating such person's mo-
38 bility; such term shall include accessories
attached or to be attached to
39 motor vehicles, but such term shall not
include motor vehicles or personal
40 property which when installed becomes a
fixture to real property;
41 (s) all sales of
tangible personal property or services purchased di-
42 rectly by a groundwater management district
organized or operating un-
43 der the authority of K.S.A. 82a-1020 et
seq. and amendments thereto,
HB 2852
6
1 which property or services are used
in the operation or maintenance of
2 the district;
3 (t) all sales of
farm machinery and equipment or aquaculture ma-
4 chinery and equipment, repair and
replacement parts therefor and serv-
5 ices performed in the repair and
maintenance of such machinery and
6 equipment. For the purposes of this
subsection the term ``farm machinery
7 and equipment or aquaculture
machinery and equipment'' shall include
8 machinery and equipment used in the
operation of Christmas tree farm-
9 ing but shall not include any
passenger vehicle, truck, truck tractor, trailer,
10 semitrailer or pole trailer, other than a
farm trailer, as such terms are
11 defined by K.S.A. 8-126 and amendments
thereto. Each purchaser of
12 farm machinery and equipment or aquaculture
machinery and equipment
13 exempted herein must certify in writing on
the copy of the invoice or
14 sales ticket to be retained by the seller
that the farm machinery and
15 equipment or aquaculture machinery and
equipment purchased will be
16 used only in farming, ranching or
aquaculture production. Farming or
17 ranching shall include the operation of a
feedlot and farm and ranch work
18 for hire and the operation of a
nursery;
19 (u) all leases or
rentals of tangible personal property used as a dwell-
20 ing if such tangible personal property is
leased or rented for a period of
21 more than 28 consecutive days;
22 (v) all sales of food
products to any contractor for use in preparing
23 meals for delivery to homebound elderly
persons over 60 years of age and
24 to homebound disabled persons or to be
served at a group-sitting at a
25 location outside of the home to otherwise
homebound elderly persons
26 over 60 years of age and to otherwise
homebound disabled persons, as
27 all or part of any food service project
funded in whole or in part by
28 government or as part of a private
nonprofit food service project available
29 to all such elderly or disabled persons
residing within an area of service
30 designated by the private nonprofit
organization, and all sales of food
31 products for use in preparing meals for
consumption by indigent or home-
32 less individuals whether or not such meals
are consumed at a place des-
33 ignated for such purpose;
34 (w) all sales of natural
gas, electricity, heat and water delivered
35 through mains, lines or pipes: (1) To
residential premises for noncom-
36 mercial use by the occupant of such
premises; (2) for agricultural use and
37 also, for such use, all sales of propane
gas; (3) for use in the severing of
38 oil; and (4) to any property which is
exempt from property taxation pur-
39 suant to K.S.A. 79-201b Second
through Sixth. As used in this paragraph,
40 ``severing'' shall have the meaning
ascribed thereto by subsection (k) of
41 K.S.A. 79-4216, and amendments thereto;
42 (x) all sales of propane
gas, LP-gas, coal, wood and other fuel sources
43 for the production of heat or lighting for
noncommercial use of an oc-
HB 2852
7
1 cupant of residential premises;
2 (y) all sales of
materials and services used in the repairing, servicing,
3 altering, maintaining, manufacturing,
remanufacturing, or modification of
4 railroad rolling stock for use in
interstate or foreign commerce under
5 authority of the laws of the United
States;
6 (z) all sales of
tangible personal property and services purchased di-
7 rectly by a port authority or by a
contractor therefor as provided by the
8 provisions of K.S.A. 12-3418 and
amendments thereto;
9 (aa) all sales of
materials and services applied to equipment which is
10 transported into the state from without the
state for repair, service, al-
11 teration, maintenance, remanufacture or
modification and which is sub-
12 sequently transported outside the state for
use in the transmission of
13 liquids or natural gas by means of pipeline
in interstate or foreign com-
14 merce under authority of the laws of the
United States;
15 (bb) all sales of used
mobile homes or manufactured homes. As used
16 in this subsection: (1) ``Mobile homes''
and ``manufactured homes'' shall
17 have the meanings ascribed thereto by
K.S.A. 58-4202 and amendments
18 thereto; and (2) ``sales of used mobile
homes or manufactured homes''
19 means sales other than the original retail
sale thereof;
20 (cc) all sales of
tangible personal property or services purchased for
21 the purpose of and in conjunction with
constructing, reconstructing, en-
22 larging or remodeling a business or retail
business which meets the
23 requirements established in K.S.A.
74-50,115 and amendments thereto,
24 and the sale and installation of machinery
and equipment purchased for
25 installation at any such business or retail
business. When a person shall
26 contract for the construction,
reconstruction, enlargement or remodeling
27 of any such business or retail business,
such person shall obtain from the
28 state and furnish to the contractor an
exemption certificate for the project
29 involved, and the contractor may purchase
materials, machinery and
30 equipment for incorporation in such
project. The contractor shall furnish
31 the number of such certificates to all
suppliers from whom such purchases
32 are made, and such suppliers shall execute
invoices covering the same
33 bearing the number of such certificate.
Upon completion of the project
34 the contractor shall furnish to the owner
of the business or retail business
35 a sworn statement, on a form to be provided
by the director of taxation,
36 that all purchases so made were entitled to
exemption under this subsec-
37 tion. All invoices shall be held by the
contractor for a period of five years
38 and shall be subject to audit by the
director of taxation. Any contractor
39 or any agent, employee or subcontractor
thereof, who shall use or oth-
40 erwise dispose of any materials, machinery
or equipment purchased un-
41 der such a certificate for any purpose
other than that for which such a
42 certificate is issued without the payment
of the sales or compensating tax
43 otherwise imposed thereon, shall be guilty
of a misdemeanor and, upon
HB 2852
8
1 conviction therefor, shall be subject
to the penalties provided for in sub-
2 section (g) of K.S.A. 79-3615 and
amendments thereto. As used in this
3 subsection, ``business'' and ``retail
business'' have the meanings respec-
4 tively ascribed thereto by K.S.A.
74-50,114 and amendments thereto;
5 (dd) all sales of
tangible personal property purchased with food
6 stamps issued by the United States
department of agriculture;
7 (ee) all sales of
lottery tickets and shares made as part of a lottery
8 operated by the state of Kansas;
9 (ff) on and after
July 1, 1988, all sales of new mobile homes or man-
10 ufactured homes to the extent of 40% of the
gross receipts, determined
11 without regard to any trade-in allowance,
received from such sale. As used
12 in this subsection, ``mobile homes'' and
``manufactured homes'' shall have
13 the meanings ascribed thereto by K.S.A.
58-4202 and amendments
14 thereto;
15 (gg) all sales of
tangible personal property purchased in accordance
16 with vouchers issued pursuant to the
federal special supplemental food
17 program for women, infants and
children;
18 (hh) all sales of
medical supplies and equipment purchased directly
19 by a nonprofit skilled nursing home or
nonprofit intermediate nursing
20 care home, as defined by K.S.A. 39-923, and
amendments thereto, for
21 the purpose of providing medical services
to residents thereof. This ex-
22 emption shall not apply to tangible
personal property customarily used
23 for human habitation purposes;
24 (ii) all sales of
tangible personal property purchased directly by a non-
25 profit organization for nonsectarian
comprehensive multidiscipline youth
26 development programs and activities
provided or sponsored by such or-
27 ganization. This exemption shall not apply
to tangible personal property
28 customarily used for human habitation
purposes;
29 (jj) all sales of
tangible personal property or services, including the
30 renting and leasing of tangible personal
property, purchased directly on
31 behalf of a community-based mental
retardation facility or mental health
32 center organized pursuant to K.S.A. 19-4001
et seq., and amendments
33 thereto, and licensed in accordance with
the provisions of K.S.A. 75-
34 3307b and amendments thereto. This
exemption shall not apply to tan-
35 gible personal property customarily used
for human habitation purposes;
36 (kk) on and after
January 1, 1989, all sales of machinery and equip-
37 ment used directly and primarily for the
purposes of manufacturing, as-
38 sembling, processing, finishing, storing,
warehousing or distributing ar-
39 ticles of tangible personal property in
this state intended for resale by a
40 manufacturing or processing plant or
facility or a storage, warehousing or
41 distribution facility:
42 (1) For purposes of this
subsection, machinery and equipment shall
43 be deemed to be used directly and primarily
in the manufacture, assem-
HB 2852
9
1 blage, processing, finishing,
storing, warehousing or distributing of tan-
2 gible personal property where such
machinery and equipment is used
3 during a manufacturing, assembling,
processing or finishing, storing,
4 warehousing or distributing
operation:
5 (A) To effect a direct
and immediate physical change upon the tangible
6 personal property;
7 (B) to guide or
measure a direct and immediate physical change upon
8 such property where such function is
an integral and essential part of
9 tuning, verifying or aligning the
component parts of such property;
10 (C) to test or measure
such property where such function is an in-
11 tegral part of the production flow or
function;
12 (D) to transport, convey
or handle such property during the manu-
13 facturing, processing, storing, warehousing
or distribution operation at
14 the plant or facility; or
15 (E) to place such
property in the container, package or wrapping in
16 which such property is normally sold or
transported.
17 (2) For purposes of this
subsection ``machinery and equipment used
18 directly and primarily'' shall include, but
not be limited to:
19 (A) Mechanical machines
or major components thereof contributing
20 to a manufacturing, assembling or finishing
process;
21 (B) molds and dies that
determine the physical characteristics of the
22 finished product or its packaging
material;
23 (C) testing equipment to
determine the quality of the finished prod-
24 uct;
25 (D) computers and
related peripheral equipment that directly control
26 or measure the manufacturing process or
which are utilized for engi-
27 neering of the finished product; and
28 (E) computers and
related peripheral equipment utilized for research
29 and development and product design.
30 (3) ``Machinery and
equipment used directly and primarily'' shall not
31 include:
32 (A) Hand tools;
33 (B) machinery, equipment
and tools used in maintaining and repair-
34 ing any type of machinery and
equipment;
35 (C) transportation
equipment not used in the manufacturing, assem-
36 bling, processing, furnishing, storing,
warehousing or distributing process
37 at the plant or facility;
38 (D) office machines and
equipment including computers and related
39 peripheral equipment not directly and
primarily used in controlling or
40 measuring the manufacturing process;
41 (E) furniture and
buildings; and
42 (F) machinery and
equipment used in administrative, accounting,
43 sales or other such activities of the
business;
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10
1 (ll) all sales of
educational materials purchased for distribution to the
2 public at no charge by a nonprofit
corporation organized for the purpose
3 of encouraging, fostering and
conducting programs for the improvement
4 of public health;
5 (mm) all sales of
seeds and tree seedlings; fertilizers, insecticides,
6 herbicides, germicides, pesticides
and fungicides; and services, purchased
7 and used for the purpose of producing
plants in order to prevent soil
8 erosion on land devoted to
agricultural use;
9 (nn) except as
otherwise provided in this act, all sales of services ren-
10 dered by an advertising agency or licensed
broadcast station or any mem-
11 ber, agent or employee thereof;
12 (oo) all sales of
tangible personal property purchased by a community
13 action group or agency for the exclusive
purpose of repairing or weath-
14 erizing housing occupied by low income
individuals;
15 (pp) all sales of drill
bits and explosives actually utilized in the explo-
16 ration and production of oil or gas;
17 (qq) all sales of
tangible personal property and services purchased by
18 a nonprofit museum or historical society or
any combination thereof, in-
19 cluding a nonprofit organization which is
organized for the purpose of
20 stimulating public interest in the
exploration of space by providing edu-
21 cational information, exhibits and
experiences, which is exempt from fed-
22 eral income taxation pursuant to section
501(c)(3) of the federal internal
23 revenue code of 1986;
24 (rr) all sales of
tangible personal property which will admit the pur-
25 chaser thereof to any annual event
sponsored by a nonprofit organization
26 which is exempt from federal income
taxation pursuant to section
27 501(c)(3) of the federal internal revenue
code of 1986;
28 (ss) all sales of
tangible personal property and services purchased by
29 a public broadcasting station licensed by
the federal communications
30 commission as a noncommercial educational
television or radio station;
31 (tt) all sales of
tangible personal property and services purchased by
32 or on behalf of a not-for-profit
corporation which is exempt from federal
33 income taxation pursuant to section
501(c)(3) of the federal internal rev-
34 enue code of 1986, for the sole purpose of
constructing a Kansas Korean
35 War memorial;
36 (uu) all sales of
tangible personal property and services purchased by
37 or on behalf of any rural volunteer
fire-fighting organization for use ex-
38 clusively in the performance of its duties
and functions;
39 (vv) all sales of
tangible personal property purchased by any of the
40 following organizations which are exempt
from federal income taxation
41 pursuant to section 501 (c)(3) of the
federal internal revenue code of
42 1986, for the following purposes, and all
sales of any such property by or
43 on behalf of any such organization for any
such purpose:
HB 2852
11
1 (1) The American
Heart Association, Kansas Affiliate, Inc. for the
2 purposes of providing education,
training, certification in emergency car-
3 diac care, research and other related
services to reduce disability and
4 death from cardiovascular diseases
and stroke;
5 (2) the Kansas
Alliance for the Mentally Ill, Inc. for the purpose of
6 advocacy for persons with mental
illness and to education, research and
7 support for their families;
8 (3) the Kansas
Mental Illness Awareness Council for the purposes of
9 advocacy for persons who are mentally
ill and to education, research and
10 support for them and their families;
11 (4) the American
Diabetes Association Kansas Affiliate, Inc. for the
12 purpose of eliminating diabetes through
medical research, public edu-
13 cation focusing on disease prevention and
education, patient education
14 including information on coping with
diabetes, and professional education
15 and training;
16 (5) the American Lung
Association of Kansas, Inc. for the purpose of
17 eliminating all lung diseases through
medical research, public education
18 including information on coping with lung
diseases, professional educa-
19 tion and training related to lung disease
and other related services to
20 reduce the incidence of disability and
death due to lung disease;
21 (6) the Kansas chapters
of the Alzheimer's Disease and Related Dis-
22 orders Association, Inc. for the purpose of
providing assistance and sup-
23 port to persons in Kansas with Alzheimer's
disease, and their families and
24 caregivers;
and
25 (ww) all sales of
tangible personal property purchased by the Habitat
26 for Humanities
Humanity for the exclusive use of being incorporated
27 within a housing project constructed by
such organization; and
28 (xx) all sales of
gold, silver and numismatic coins, and all sales of
29 platinum, gold or silver bullion having
a gross value of $1,000 or more.
30 Sec. 2. K.S.A.
79-3606 is hereby repealed.
31 Sec. 3. This act
shall take effect and be in force from and after its
32 publication in the statute book.
33
34