[As Amended by Senate on Final Action]
As Amended by Senate Committee
Session of 1999
Substitute for HOUSE BILL No. 2540
By Committee on Federal and State Affairs
3-9
11 AN
ACT concerning firearms and ammunition; relating to the
design,
12 marketing,
manufacture, distribution, dealing and sale thereof;
relating
13 to the
limitation on certain civil actions relating
thereto.
14 AN ACT
concerning Native American Indians; relating to powers
15 and duties of
certain public agencies in relation thereto; amend-
16 ing K.S.A.
12-2903 and 12-2904 and K.S.A. 1999 Supp.
[8-1,141,]
17 74-9803,
74-9804, 74-9805 and 74-9808 and repealing the exist-
18 ing
sections.
19
20 Be it enacted by the Legislature of the
State of Kansas:
21
Section 1. (a) The legislature finds and
declares that the lawful de-
22 sign, marketing, manufacture,
distribution, dealing or sale of firearms or
23 ammunition to the public is not
an unreasonably dangerous activity and
24 does not constitute a nuisance
per se.
25
(b) Except as provided by subsections (e) and (f) and to the
extent
26 the constitutions of this state
and the United States protects citizens'
27 rights to keep and bear arms,
the legislature finds and declares that it is
28 within the strict prerogative of
its own authority, and not the authority of
29 any political subdivision of the
state, to determine whether any manufac-
30 turer, distributor, dealer or
seller of firearms or ammunition or any trade
31 association representing or
promoting any such manufacturer, distributor,
32 dealer or seller has engaged in
any act or omission that would create a
33 cognizable action for damages,
injunction or otherwise.
34
(c) Except as provided by subsections (e) and (f), the
authority to
35 bring an action and the right to
recover against any firearms or ammu-
36 nition manufacturer,
distributor, dealer or seller or any trade
association
37 representing or promoting any
such manufacturer, distributor, dealer or
38 seller, by or on behalf of the
state or any political subdivision of the state
39 for damages, abatement or
injunctive relief resulting from or relating to
40 the lawful design, manufacture,
marketing or sale of firearms or ammu-
41 nition to the public shall be
reserved exclusively to the state.
42 (d) No
action against any manufacturer, distributor, dealer or
seller
2
1 of firearms or ammunition
or any trade association representing or pro-
2 moting any such
manufacturer, distributor, dealer or seller shall
be
3 brought by the attorney
general without the authorization by the legis-
4 lature by adoption of a
concurrent resolution.
5
(e) This section shall not be construed as prohibiting a
political sub-
6 division from bringing an
action against a firearms or ammunition man-
7 ufacturer, distributor,
dealer or seller or any trade association
represent-
8 ing or promoting any such
manufacturer, distributor, dealer or seller for
9 breach of contract or
warranty relating to firearms or ammunition pur-
10 chased by such political
subdivision.
11
(f) This section shall not be construed as limiting an
individual's right
12 to bring an action against a
manufacturer, distributor, dealer or seller of
13 firearms or ammunition or any
trade association representing or promot-
14 ing any such manufacturer,
distributor, dealer or seller.
15
(g) The provisions of this act shall apply to any action
pending on or
16 brought on or after the
effective date of this act.
17 Sec. 2. This
act shall take effect and be in force from and after
its
18 publication in the Kansas
register.
19 Section 1. K.S.A.
12-2903 is hereby amended to read as follows:
20 12-2903. For the
purposes of this act As used in K.S.A. 12-2901
et seq.,
21 and amendments thereto:
22
(a) The term ``Public
agency'' shall mean any county, township,
23 city, town,
village, school district, library district, road
district,
24 drainage or levee district, sewer
district, water district, fire district
25 or other municipal corporation,
quasi-municipal corporation or po-
26 litical subdivision of this state or
of any other state and any agency
27 or instrumentality of this state or
any other state or of the United
28
States;.
29
(b) The term ``State''
shall mean a state of the United States and
30 the District of
Columbia;.
31
(c) The term ``Private
agency'' shall mean an individual, firm,
32 association or
corporation.
33
(d) ``Native American Indian tribe'' shall mean any Native
American
34 Indian tribe which has entered into a
gaming compact with the state of
35 Kansas pursuant to K.S.A. 46-2302, and
amendments thereto.
36 Sec.
2. K.S.A. 12-2904 is hereby amended to read as
follows:
37 12-2904. (a) Any power or powers,
privileges or authority exercised
38 or capable of exercise by a public
agency of this state including but
39 not limited to those functions
relating to economic development,
40 public improvements, public
utilities, police protection, libraries,
41 data processing services, educational
services, building and related
42 inspection services, flood control
and storm water drainage,
43 weather modification, sewage
disposal, refuse disposal, park and
3
1 recreational programs and
facilities, ambulance service, fire pro-
2 tection, the Kansas tort claims
act or claims for civil rights viola-
3 tions, may be exercised and
enjoyed jointly with any other public
4 agency of this state or with
any private agency, and jointly with
5 any public agency of any other
state or of the United States to the
6 extent that the laws of such
other state or of the United States permit
7 such joint exercise or
enjoyment. Any agency of the state govern-
8 ment when acting jointly with
any public or private agency may
9 exercise and enjoy all of the
powers, privileges and authority con-
10 ferred by this act upon a public
agency.
11 (b) Any
public agency may enter into agreements with one or
12 more public or private agencies for
joint or cooperative action pur-
13 suant to the provisions of this act.
Appropriate action by ordinance,
14 resolution or otherwise pursuant to
law of the governing bodies of
15 the participating public agencies
shall be necessary before any such
16 agreement may enter into
force.
17
(c) Any public agency may enter into agreements with a
Native Amer-
18 ican Indian tribe for joint or
cooperative action. Such agreement shall be
19 considered to be an interlocal agreement
and shall be subject to the pro-
20 cedures and limitations of the
interlocal cooperation act.
21 (c)
(d) Any such agreement shall specify the
following:
22 (1) Its
duration.
23 (2) The
precise organization, composition and nature of any
24 separate legal or administrative
entity created thereby together
25 with the powers delegated thereto,
provided such entity may be
26 legally created.
27 (3) Its
purpose or purposes.
28 (4) The
manner of financing the joint or cooperative undertak-
29 ing and of establishing and
maintaining a budget therefor.
30 (5) The
permissible method or methods to be employed in ac-
31 complishing the partial or complete
termination of the agreement
32 and for disposing of property upon
such partial or complete
33 termination.
34 (6) Any
other necessary and proper matters.
35
(d) (e) In the event that the
agreement does not establish a sep-
36 arate legal entity to conduct the
joint or cooperative undertaking,
37 the agreement, in addition to items
1, 3, 4, 5 and 6 enumerated in
38 subdivision
(c) (d) hereof, shall contain the
following:
39
(1) Provision for an administrator or a joint board or
one of the
40 participating public agencies to be
responsible for administering
41 the joint or cooperative undertaking.
In the case of a joint board
42 public agencies party to the
agreement shall be represented.
43 (2) The
manner of acquiring, holding and disposing of real and
4
1 personal property used in the
joint or cooperative undertaking.
2
(e) (f) No agreement made
pursuant to this act shall relieve any
3 public agency of any obligation
or responsibility imposed upon it
4 by law except that to the
extent of actual and timely performance
5 thereof by a joint board or
other legal or administrative entity cre-
6 ated by an agreement made
hereunder, such performance may be
7 offered in satisfaction of the
obligation or responsibility.
8
(f) (g) Every agreement made
hereunder, except agreements be-
9 tween two or more public
agencies establishing a council or other
10 organization of local governments for
the study of common prob-
11 lems of an area or region and for the
promotion of intergovernmen-
12 tal cooperation, prior to and as a
condition precedent to its entry
13 into force, shall be submitted to the
attorney general who shall de-
14 termine whether the agreement is in
proper form and compatible
15 with the laws of this state. The
attorney general shall approve any
16 agreement submitted hereunder unless
the attorney general shall
17 find that it does not meet the
conditions set forth herein and shall
18 detail in writing addressed to the
governing bodies of the public
19 and private agencies concerned the
specific respects in which the
20 proposed agreement fails to meet the
requirements of law. Failure
21 to disapprove an agreement submitted
hereunder within 90 days of
22 its submission shall constitute
approval thereof.
23 Sec.
3. K.S.A. 1999 Supp. 74-9803 is hereby amended to
read
24 as follows: 74-9803. (a) The state
gaming agency is hereby trans-
25 ferred from the department of
commerce and housing, designated
26 by Executive Order No. 95-177 as the
state gaming agency, and is
27 attached to and made a part of the
Kansas racing and gaming com-
28 mission. For the purposes
of K.S.A. 74-8810, and amendments thereto,
29 employees of the state gaming agency
shall not be considered as employees
30 of the Kansas racing and gaming
commission. The budget of the state
31 gaming agency, the number and
qualifications of employees of the
32 state gaming agency and expenditures
by the state gaming agency
33 for expenses of dispute resolution
pursuant to a tribal-state gaming
34 compact shall be subject to approval
by the Kansas racing and gam-
35 ing commission. All other management
functions of the state gaming
36 agency shall be administered by the
executive director. All vouchers
37 for expenditures and all payrolls of
the state gaming agency shall
38 be approved by the executive director
or a person designated by
39 the executive director.
40 (b) Nothing
in this act shall be construed as abolishing or rees-
41 tablishing the state gaming
agency.
42 Sec.
4. K.S.A. 1999 Supp. 74-9804 is hereby amended to
read
43 as follows: 74-9804. (a) (1) The
governor shall appoint, subject to
5
1 confirmation by the senate as
provided by K.S.A. 75-4315b, and
2 amendments thereto, an
executive director of the state gaming
3 agency, to serve at the
pleasure of the governor. Before appointing
4 any person as executive
director, the governor shall cause the Kan-
5 sas bureau of investigation to
conduct a criminal history record
6 check and background
investigation of the person.
7
(2) The executive director shall: (A) Be in the unclassified
serv-
8 ice under the Kansas civil
service act; (B) devote full time to the
9 executive director's assigned
duties; (C) be a citizen of the United
10 States and an actual resident of
Kansas during employment as ex-
11 ecutive director; (D) not have been
convicted of a felony under the
12 laws of any state or of the United
States prior to or during employ-
13 ment; and (E) have familiarity with
gaming industries sufficient to
14 fulfill the duties of the office of
executive director.
15 (3) The
executive director shall: (A) Determine, subject to the
16 approval of the Kansas racing and
gaming commission, the number
17 and qualifications of employees
necessary to implement and enforce
18 the provisions of tribal-state gaming
compacts and the provisions
19 of the tribal gaming oversight act;
(B) employ persons for those
20 positions; and (C) perform such other
duties as required by tribal-
21 state gaming compacts.
22 (b)
(1) The executive director may appoint a director of
en-
23 forcement and compliance to serve at
the pleasure of the executive
24 director. Before appointing any
person as director of enforcement
25 and compliance, the executive
director shall cause the Kansas bu-
26 reau of investigation to conduct a
criminal history record check and
27 background investigation of the
person.
28 (2) The
director of enforcement and compliance shall: (A) Be in
29 the unclassified service under the
Kansas civil service act; (B) de-
30 vote full time to the director's
assigned duties; (C) receive such com-
31 pensation as determined by the
executive director, subject to the
32 limitations of appropriations
therefor; (D) be a citizen of the United
33 States and an actual resident of
Kansas during employment as di-
34 rector of enforcement and compliance;
(E) not have been convicted
35 of a felony under the laws of any
state or of the United States prior
36 to and during employment as director
of compliance; and (F) have
37 been a professional law enforcement
officer with a minimum of five
38 years' experience in the field of law
enforcement and at least a bach-
39 elor's degree in law enforcement
administration, law, criminology
40 or a related science or, in lieu
thereof, a minimum of 10 years' ex-
41 perience in the field of law
enforcement.
42 (3) The
director of enforcement and compliance shall: (A) Be
43 vested with law enforcement
authority;
6
1
(B) conduct investigations relating to compliance with the
pro-
2 visions of tribal-state gaming
compacts and the provisions of the
3 tribal gaming oversight
act;
4
(C) recommend proper compliance measures to tribal
gaming
5 commissions;
6
(D) train and supervise such personnel as employed by the
ex-
7 ecutive director to assist with
such duties; and
8
(E) perform such other duties as directed by the
executive
9 director.
10 (c)
(1) The executive director may appoint enforcement
agents.
11 Before appointing any person as a
enforcement agent, the executive
12 director shall cause
the Kansas bureau of investigation to conduct
re-
13 quire a criminal history
record check and background investigation
14 of the person to be
conducted prior to the beginning of
employment.
15 (2) Each
enforcement agent shall: (A) Be vested with law en-
16 forcement authority;
17 (B) be in
the classified service under the Kansas civil service
18 act;
19 (C) not
have been convicted of a felony under the laws of any
20 state or of the United States prior
to or during employment as en-
21 forcement agent; and
22 (D) be a
professional law enforcement officer with a minimum
23 of two years' experience in the field
of law enforcement or, in lieu
24 thereof, a bachelor's degree from an
accredited university or
25 college.
26
(3) Enforcement agents shall: (A) Conduct investigations
relat-
27 ing to compliance with the provisions
of tribal-state gaming com-
28 pacts or the provisions of the tribal
gaming oversight act; and (B)
29 perform such other duties as directed
by the executive director or
30 the director of enforcement and
compliance.
31 Sec.
5. K.S.A. 1999 Supp. 74-9805 is hereby amended to
read
32 as follows: 74-9805. (a) The state
gaming agency shall be respon-
33 sible for oversight of class III
gaming conducted pursuant to tribal-
34 state compacts and, as such, shall
monitor compliance with tribal-
35 state gaming compacts and perform the
duties of the state gaming
36 agency as provided by tribal-state
gaming compacts.
37 (b) The
state gaming agency may examine and inspect all tribal
38 gaming facilities and facilities
linked to Kansas tribal gaming facil-
39 ities for gaming, including but not
limited to all machines and
40 equipment used for tribal
gaming.
41 (c) The
state gaming agency may examine, or cause to be ex-
42 amined by any agent or representative
designated by the executive
43 director, any books, papers, records,
electronic records, computer
7
1 records or surveillance and
security tapes and logs of any tribal
2 gaming facility in accordance
with tribal-state gaming compacts.
3
(d) The executive director may issue subpoenas to compel
ac-
4 cess to or for the production
of any books, papers, records, elec-
5 tronic records, computer
records or surveillance and security tapes
6 and logs in the custody or
control of a tribal gaming facility or any
7 officer, employee or agent of a
tribal gaming facility, or to compel
8 the appearance of any officer,
employee or agent of a tribal gaming
9 facility, for the purpose of
ascertaining compliance with any of the
10 provisions of a tribal-state gaming
compact or the tribal gaming
11 oversight act. Subpoenas issued
pursuant to this subsection may be
12 served upon individuals and
corporations in the same manner pro-
13 vided in K.S.A. 60-304 and amendments
thereto for the service of
14 process by any officer authorized to
serve subpoenas in civil actions
15 or by the executive director or an
agent or representative designated
16 by the executive director. In the
case of the refusal of any person
17 to comply with any such subpoena, the
executive director may make
18 application to any court of competent
jurisdiction.
19 (e) The
state gaming agency may institute the dispute
resolution
20 procedure, in accordance with a
tribal-state gaming compact, to
21 ensure production of the documents
required by the tribal-state
22 gaming compact and to ensure
compliance with all provisions of the
23 compact.
24 (f) The
state gaming agency shall monitor, examine and inspect
25 tribal gaming to ensure that tribal
gaming is conducted in compli-
26 ance with tribal-state gaming
compacts.
27 (g) The
state gaming agency shall review all licensing and dis-
28 ciplinary actions taken by tribal
gaming commissions or any party
29 involved in the tribal gaming and
assess if the action complies with
30 the terms of the applicable
tribal-state gaming compact.
31 (h) The
executive director, or a designated employee, shall re-
32 port any substantial noncompliance
with a tribal-state gaming com-
33 pact to the governor.
34 (i) The
state gaming agency may negotiate a resolution between
35 any tribe conducting or operating
tribal gaming and any local or
36 county governmental entity regarding
the allocation or payment of
37 additional expenses or costs incurred
by the governmental entity as
38 a result of tribal gaming, as
provided by the applicable tribal-state
39 gaming compacts.
40 (j) The
state gaming agency may adopt background investiga-
41 tion and fingerprinting policies or
procedures in accordance with
42 the terms of tribal-state gaming
compacts.
43 (k) The
state gaming agency shall perform all functions and du-
8
1 ties required to comply with
and ensure tribal compliance with
2 tribal-state gaming
compacts.
3
(l) The state gaming agency shall require fingerprinting of
all
4 persons necessary to verify
qualifications for employment by the
5 state gaming agency or to
verify qualification for any license issued
6 pursuant to a tribal-state
gaming compact. The state gaming agency
7 shall submit such fingerprints
to the Kansas bureau of investigation
8 and to the federal bureau of
investigation for the purposes of veri-
9 fying the identity of such
persons and obtaining records of criminal
10 arrests and convictions.
11 (m)
(1) The state gaming agency may receive individual
and cor-
12 porate taxpayer information from the
Kansas department of revenue. The
13 state gaming agency may receive
from the Kansas bureau of investi-
14 gation or other criminal justice
agencies, including but not limited
15 to the federal bureau of
investigation and the federal internal rev-
16 enue service, such criminal history
record information (including
17 arrest and nonconviction data),
criminal intelligence information
18 and information relating to criminal
and background investigations
19 as necessary for the purpose of
determining qualifications of em-
20 ployees of and applicants for
employment by the state gaming
21 agency and determining qualifications
of licensees and applicants
22 for licensure in tribal gaming. Upon
the written request of the ex-
23 ecutive director, the state gaming
agency may receive from the dis-
24 trict courts such information
relating to juvenile proceedings as
25 necessary for the purpose of
determining qualifications of employ-
26 ees of and applicants for employment
by the state gaming agency
27 and determining qualifications of
licensees of and applicants for
28 licensure in tribal
gaming.
29 (2) The
state gaming agency may disclose information received
30 pursuant to subsection (m)(1) to a
tribal gaming commission as nec-
31 essary for the purpose of determining
qualifications of employees
32 of or applicants for employment by
such tribal gaming commission
33 or qualifications of licensees or
applicants for licensure by such
34 tribal gaming commission.
35 (3) Any
information, other than conviction data, received by
the
36 state gaming agency pursuant to
subsection (m)(1) or by a tribal
37 gaming commission pursuant to
subsection (m)(2) shall be confi-
38 dential and shall not be disclosed
except to the executive director,
39 employees of the state gaming agency
and members and employees
40 of the tribal gaming commission as
necessary for the purposes spec-
41 ified by subsections (m)(1) and
(m)(2) and upon written request to the
42 executive director to agencies of other
states who are engaged in the reg-
43 ulation of Class III or casino
gaming. Any other disclosure of such
9
1 confidential information is a
class A nonperson misdemeanor and
2 shall constitute grounds for
removal from office, termination of em-
3 ployment or denial, revocation
or suspension of any license issued
4 by the tribal gaming
commission.
5
(n) The executive director may adopt rules and regulations
to
6 implement, administer and
enforce the provisions of the tribal gam-
7 ing oversight act.
8 Sec.
6. K.S.A. 1999 Supp. 74-9808 is hereby amended to
read
9 as follows: 74-9808. (a) There
is hereby created the tribal gaming
10 fund in the state
treasury.
11 (b) All
amounts collected by the state gaming agency pursuant
12 to tribal-state gaming compacts shall
be remitted to the state trea-
13 surer, who shall deposit the entire
amount in the state treasury and
14 credit it to the tribal gaming fund.
All moneys credited to such fund
15 shall be expended or transferred only
for the purposes and in the
16 manner provided by this act and
tribal-state gaming compacts. Ex-
17 penditures from such fund shall be
made in accordance with ap-
18 propriation acts upon warrants of the
director of accounts and re-
19 ports issued pursuant to vouchers
approved by the executive
20 director or a person designated by
the executive director.
21 (c) All
operating expenses of the state gaming agency and the
22 provisions of the tribal gaming
oversight act shall be paid from the
23 tribal gaming fund.
24 (d) The
executive director and the director of accounts and re-
25 ports may provide for the
establishment of such accounts in the
26 tribal gaming fund as necessary or
expedient to carry out the state's
27 responsibilities and authority under
tribal-state gaming compacts
28 and the provisions of the tribal
gaming oversight act.
29 (e) Any
appropriation or transfer of state general fund moneys
30 for operations of the state gaming
agency and any other expenses
31 incurred in connection with the
administration and enforcement of
32 tribal-state gaming compacts or the
provisions of the tribal gaming
33 oversight act shall be
considered a loan and shall be repaid with
interest
34 to the state general fund in
accordance with appropriation acts. Such loan
35 shall not be considered an
indebtedness or debt of the state within the
36 meaning of section 6 of article 11
of the constitution of the state of Kansas.
37 Such loan shall bear interest at a
rate equal to the rate prescribed by
38 K.S.A. 75-4210 and amendments
thereto for inactive accounts of the state
39 effective on the first day of the
month during which the appropriation or
40 transfer takes effect.
41 (f) At
the time of repayment of a loan pursuant to subsection (d),
the
42 executive director shall certify to
the director of accounts and reports the
43 amount to be repaid and any
interest due thereon. Upon receipt of such
10
1 certification, the director
of accounts and reports shall promptly transfer
2 the amount certified from the
tribal gaming fund to the state general
3 fund reimbursed
in accordance with the tribal-state gaming
compact.
4 New
Sec. 7. Whenever a Native American Indian tribal law
en-
5 forcement agency or law
enforcement officer of such tribal agency
6 is requested by a state, county
or city law enforcement agency or
7 law enforcement officer of such
agency to assist such state, county
8 or city agency or officer, the
tribal law enforcement agency or of-
9 ficer shall be considered to be
a law enforcement agency or officer
10 of such state, county or city agency
and shall have the same powers,
11 duties and immunities of such state,
county or city agency during
12 the period of time in which the
tribal law enforcement agency or
13 officer is providing such
assistance.
14 [New Sec.
8. (a) As used in this section, ``Native American
In-
15 dian tribe'' or ``tribe'' means any
of the following resident Kansas
16 Native American Indian
tribes:
17 [(1) The
Iowa Tribe of Kansas and Nebraska.
18 [(2) The
Kickapoo Tribe in Kansas.
19 [(3) The
Prairie Band Potawatomi Nation of Kansas.
20 [(4) The
Sac and Fox Nation of Missouri in Kansas and Missouri.
21 [(b) The
owner or lessee of one or more passenger vehicles or
22 trucks registered for a gross weight
of not more than 20,000 pounds
23 who is an enrolled member of a Native
American Indian tribe and
24 a resident of Kansas may be issued
one distinctive license plate de-
25 signed for the specified tribe for
each such passenger vehicle or
26 truck. Such license plates shall be
issued for the same period of time
27 as other license plates upon payment
of a $5 fee and upon proper
28 registration as provided in K.S.A.
8-143, and amendments thereto.
29 Such fee shall be in lieu of the
regular licensee fee required by
30 K.S.A. 8-143, and amendments
thereto.
31 [(c) Any
person who is an enrolled member of a Native Ameri-
32 can Indian tribe and a resident of
Kansas may make application for
33 a distinctive license plate, not less
than 60 days prior to such per-
34 son's renewal of registration date,
on an application form pre-
35 scribed and furnished by the tribe.
Such application form shall con-
36 tain all information required by the
division of motor vehicles.
37 Applications approved by the tribe
shall be submitted to the divi-
38 sion of motor vehicles for issuance
of tags.
39 [(d) Each
tribe, with the approval of the director of vehicles
and
40 subject to the availability of
materials and equipment, shall design
41 a distinctive license plate to be
issued under the provisions of this
42 section.
43 [(e) No
registration or distinctive license plate issued under
the
11
1 authority of this section shall
be transferable to any other person.
2
[(f) Renewals of registration under this section shall be
made
3 annually. No renewal of
registration shall be made to any applicant
4 until such applicant has filed
with the division of motor vehicles a
5 form as provided in subsection
(c). If such form is not filed, the
6 applicant shall be required to
comply with K.S.A. 8-143, and
7 amendments thereto, and return
the distinctive license plate to the
8 division of motor
vehicles.
9
[(g) Each Native American Indian tribe shall pay the initial
cost
10 of silk-screening distinctive license
plates authorized to be issued
11 pursuant to this section.
12 [(h) Each
Native American Indian tribe may impose a fee for
13 the issuance of a distinctive license
plate and registration and for
14 the renewal thereof. Such fee shall
be in an amount determined by
15 each tribe and shall be in addition
to any other fee imposed pur-
16 suant to this section. Revenues from
such fees shall be used in the
17 manner determined by the tribe
imposing such fee.
18 [Sec.
9. K.S.A. 1999 Supp. 8-1,141 is hereby amended to
read
19 as follows: 8-1,141. (a) Any new
distinctive license plate authorized
20 for issuance on and after July 1,
1994, shall be subject to the per-
21 sonalized license plate fee
prescribed by subsection (c) of K.S.A. 8-
22 132, and amendments thereto. This
section shall not apply to any
23 distinctive license plate authorized
prior to July 1, 1994.
24 [(b) The
director of vehicles shall not issue any new
distinctive
25 license plate authorized for issuance
on and after July 1, 1995, un-
26 less there is a guarantee of an
initial issuance of at least 500 license
27 plates.
28 [(c) The
provisions of this section shall not apply to
distinctive
29 license plates issued under the
provisions of K.S.A. 1999 Supp. 8-
30 1,145 or section
8, and amendments thereto.
31 [(d) The
provisions of subsection (a), shall not apply to
distinc-
32 tive license plates issued under the
provisions of K.S.A. 1999 Supp.
33 8-1,146, and amendments thereto, or
K.S.A. 1999 Supp. 8-1,148.]
34 Sec.
8.
[10.] K.S.A. 12-2903 and 12-2904 and
K.S.A. 1999 Supp.
35 [8-1,141,] 74-9803,
74-9804, 74-9805 and 74-9808 are hereby
36 repealed.
37 Sec.
9.
[11.] This act shall take effect and be in
force from and
38 after its publication in the statute
book.
39