HB 2384--
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Session of 1997
HOUSE BILL No. 2384
By Representatives Larkin and Lloyd, Aurand, Dahl, Dreher, Faber,
Feuerborn, Freeborn, Humerickhouse, Johnson, Krehbiel, Mays, Mc-
Clure, Mollenkamp, Myers, Neufeld, Schwartz, Shore and Thimesch
2-14
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11 AN ACT relating to motor vehicles; concerning the registration thereof;
12 amending K.S.A. 1996 Supp. 8-143 and repealing the existing section.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 1996 Supp. 8-143 is hereby amended to read as
16 follows: 8-143. (1) All applications for the registration of motorcycles,
17 motorized bicycles and passenger vehicles other than trucks and truck
18 tractors, except as otherwise provided, shall be accompanied by an annual
19 license fee as follows: For motorized bicycles, $10; for motorcycles, $15;
20 for passenger vehicles, other than motorcycles, used solely for the car-
21 rying of persons for pleasure or business, and for hearses and ambulances
22 a fee of (i) $25 for those having a gross weight of 4,500 pounds or less;
23 (ii) $35 for those having a gross weight of more than 4,500 pounds; for
24 each electrically propelled motor vehicle, except electrically propelled
25 vehicles intended for the purpose of transporting any commodity, goods,
26 merchandise, produce or freight, or passengers for hire, a fee of $13.
27 Except for motor vehicles, trailers or semitrailers registered under the
28 provisions of K.S.A. 8-1,134, and amendments thereto, the annual reg-
29 istration fee for each motor vehicle, trailer or semitrailer owned by any
30 political or taxing subdivision of this state or by any agency or instrumen-
31 tality of any one or more political or taxing subdivisions of this state and
32 used exclusively for governmental purposes and not for any private or
33 utility purposes, which is not otherwise exempt from registration, shall be
34 $2.
35 (2) As used in this subsection, the term ``gross weight'' shall mean
36 and include the empty weight of truck, or of combination of truck or
37 truck tractor and any type trailer or semitrailer, plus the maximum weight
38 of cargo which will be transported on or with the same, except when the
39 empty weight of a truck plus the maximum weight of cargo which will be
40 transported thereon is 12,000 pounds or less. The term gross weight shall
41 not include: The weight of any farm trailer and cargo thereon that is
42 propelled by a truck with a gross vehicle weight of 12,000 pounds or less,
43 as the term gross vehicle weight is used by the industry; or the weight of
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1 any travel trailer propelled thereby which is being used for private rec-
2 reational purposes; or the weight of any vehicle or combination of vehicles
3 for which wrecker or towing service, as defined in K.S.A. 66-1329, and
4 amendments thereto, is to be provided by a wrecker or tow truck, as
5 defined in K.S.A. 66-1329, and amendments thereto. Such wrecker or
6 tow truck shall be registered for the empty weight of such vehicle fully
7 equipped for the recovery or towing of vehicles. The gross weight license
8 fees hereinafter prescribed shall only apply to the truck or truck tractor
9 used as the propelling unit for the cargo and vehicle propelled, either as
10 a single vehicle or combination of vehicles. On application for the regis-
11 tration of a truck or truck tractor, the owner thereof shall declare as a
12 part of such application the maximum gross weight the owner desires to
13 be applicable to such vehicle, which declared gross weight in no event
14 shall be in excess of the limitations described by K.S.A. 8-1908 and 8-
15 1909, and amendments thereto, for such vehicle or combination of ve-
16 hicles of which it will be a part. All applications for the registration of
17 trucks or truck tractors, except as otherwise provided herein, shall be
18 accompanied by an annual license fee as follows:
19 For a gross weight of 12,000 lbs. or less$35
20 For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs. 100
21 For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 130
22 For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 195
23 For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 310
24 For a gross weight of more than 26,000 lbs. and not more than 30,000 lbs. 310
25 For a gross weight of more than 30,000 lbs. and not more than 36,000 lbs. 370
26 For a gross weight of more than 36,000 lbs. and not more than 42,000 lbs. 470
27 For a gross weight of more than 42,000 lbs. and not more than 48,000 lbs. 600
28 For a gross weight of more than 48,000 lbs. and not more than 54,000 lbs. 800
29 For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 1,000
30 For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 1,200
31 For a gross weight of more than 66,000 lbs. and not more than 74,000 lbs. 1,525
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1 For a gross weight of more than 74,000 lbs. and not more than 80,000 lbs. 1,725
2 For a gross weight of more than 80,000 lbs. and not more than 85,500 lbs. 1,925
3 If the applicant for registration of any truck or truck tractor for a gross
4 weight of more than 12,000 pounds is the state of Kansas or any political
5 or taxing subdivision or agency of the state, except a city or county, whose
6 truck or truck tractor is not otherwise entitled to the $2 license fee or
7 otherwise exempt from all fees, such vehicle may be licensed for a fee in
8 accordance with the schedule hereinafter prescribed for local trucks or
9 truck tractors.
10 If the applicant for registration of any truck or truck tractor for a gross
11 weight of more than 12,000 pounds shall under oath state in writing on
12 a form prescribed and furnished by the director of vehicles that the ap-
13 plicant does not expect to operate it more than 6,000 miles in the calendar
14 year for which the applicant seeks registration, and that if the applicant
15 shall operate it more than 6,000 miles during such registration year such
16 applicant will pay an additional fee equal to the fee required by the pre-
17 ceding schedule, less the amount of the fee paid at time of registration,
18 such vehicle may be licensed for a fee in accordance with the schedule
19 hereinafter prescribed for local trucks or truck tractors; and whenever
20 the same is registered on a local truck or truck tractor fee basis a tab or
21 marker shall be issued in connection with the regular license plate, which
22 tab or marker shall be attached or affixed to and displayed with the regular
23 license plate and the failure to have the same attached, affixed or dis-
24 played shall be subject to the same penalties as provided by law for the
25 failure to display the regular license plate; and the secretary of revenue
26 may adopt rules and regulations requiring the owners of trucks and truck
27 tractors so registered on a local truck or truck tractor fee basis to keep
28 such records and make such reports of mileage of such vehicles as the
29 secretary of revenue shall deem proper.
30 A transporter delivering vehicles not the transporter's own by the drive-
31 away method where such vehicles are being driven, towed, or transported
32 singly, or by the saddlemount, towbar, or fullmount methods, or by any
33 lawful combination thereof, may apply for license plates which may be
34 transferred from one such vehicle or combination to another for each
35 delivery without further registration, and the annual license fee for such
36 license plate shall be as follows:
37 For the first such set of license plates$44
38 For each additional such set of license plates 18
39 A truck or truck tractor registered for a gross weight of more than
40 12,000 pounds, which is operated wholly within the corporate limits of a
41 city or village or within a radius of 25 miles beyond the corporate limits,
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1 shall be classified as a local truck except that in no event shall such vehicles
2 operated as contract or common carriers outside a radius of three miles
3 beyond the corporate limits of the city or village in which such vehicles
4 were based when registered and licensed be considered local trucks or
5 truck tractors. The secretary of revenue is hereby authorized and directed
6 to adopt rules and regulations prescribing a procedure for the issuance
7 of permits by the division of vehicles whereby owners of local trucks or
8 truck tractors may operate any such vehicle, empty, beyond the radius
9 hereinbefore prescribed, when such operation is solely for the purpose
10 of having such vehicle repaired, painted or serviced or for adding addi-
11 tional equipment thereto. The annual license fee for a local truck or truck
12 tractor, except as otherwise provided herein, shall be as follows:
13 For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs.$60
14 For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 100
15 For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 130
16 For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 175
17 For a gross weight of more than 26,000 lbs. and not more than 30,000 lbs. 175
18 For a gross weight of more than 30,000 lbs. and not more than 36,000 lbs. 210
19 For a gross weight of more than 36,000 lbs. and not more than 42,000 lbs. 240
20 For a gross weight of more than 42,000 lbs. and not more than 48,000 lbs. 310
21 For a gross weight of more than 48,000 lbs. and not more than 54,000 lbs. 410
22 For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 470
23 For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 570
24 For a gross weight of more than 66,000 lbs. and not more than 74,000 lbs. 750
25 For a gross weight of more than 74,000 lbs. and not more than 80,000 lbs. 880
26 For a gross weight of more than 80,000 lbs. and not more than 85,500 lbs. 1,000
27 A truck or truck tractor registered for a gross weight of more than
28 12,000 pounds, which is owned by a person engaged in farming and which
29 truck or truck tractor is used by such owner to transport agricultural
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1 products produced by such owner or commodities purchased by such
2 owner for use on the farm owned or rented by the owner of such farm
3 truck or truck tractor, shall be classified as a farm truck or truck tractor
4 and the annual license fee for such farm truck shall be as follows:
5 For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs.$35
6 For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 40
7 For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 50
8 For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 70
9 For a gross weight of more than 26,000 lbs. and not more than 54,000 lbs. 70
10 For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 180
11 For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 360
12 For a gross weight of more than 66,000 lbs. 600
13 A vehicle licensed as a farm truck or truck tractor may be used by the
14 owner thereof to transport, for charity and without compensation of any
15 kind, commodities for religious or educational institutions. A truck which
16 is licensed as a farm truck may also be used for the transportation of sand,
17 gravel, slag stone, limestone, crushed stone, cinders, black top, dirt or fill
18 material to a township road maintenance or construction site of the town-
19 ship in which the owner of such truck resides. Any applicant for registra-
20 tion of any farm truck or farm truck tractor used in combination with a
21 trailer or semitrailer shall register the farm truck or farm truck tractor for
22 a gross weight which shall include the empty weight of the truck or truck
23 tractor or of the combination of any truck or truck tractor and any type
24 of trailer or semitrailer, plus the maximum weight of cargo which will be
25 transported on or with the same. The applicant for registration of any
26 farm truck or farm truck tractor used to transport a gross weight of more
27 than 54,000 pounds shall durably letter on the side of the motor vehicle
28 the words ``farm vehicle--not for hire.'' If an applicant for registration of
29 any farm truck or farm truck tractor operates such vehicle for any use or
30 purpose not authorized for a farm truck or farm truck tractor, such ap-
31 plicant shall pay an additional fee equal to the fee required for the reg-
32 istration of all trucks or truck tractors not registered as local, 6,000-mile
33 or farm truck or farm truck tractor motor vehicles, less the amount of the
34 fee paid at time of registration. Nothing in this or the preceding paragraph
35 shall authorize a gross weight of a vehicle or combination of vehicles on
36 the national system of interstate and defense highways greater than per-
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1 mitted by laws of the United States congress.
2 Except as hereinafter provided, the annual license fee for each local
3 urban transit bus used in local urban transit operations exempted under
4 the provisions of subsection (a) of K.S.A. 66-1,109, and amendments
5 thereto, shall be based on the passenger seating capacity of the bus and
6 shall be as follows:
7 8 or more, but less than 31 passengers$15
8 31 or more, but less than 40 passengers 30
9 More than 39 passengers 60
10 except that the annual license fee for each local urban transit bus which
11 is owned by a metropolitan transit authority established pursuant to ar-
12 ticles 25 and 28 of chapter 12 or pursuant to article 31 of chapter 13 of
13 the Kansas Statutes Annotated shall be $2.
14 For licensing purposes, station wagons with a carrying capacity of less
15 than 10 passengers shall be subject to registration fees based on the
16 weight of the vehicles, as provided in subsection (1). Station wagons with
17 a carrying capacity of 10 or more passengers shall be subject to the truck
18 classifications and license fees therefor shall be as herein provided:
19 (a) For any trailer, semitrailer, travel trailer or pole trailer the annual
20 license fee shall be as follows: For any such vehicle with a gross weight
21 of more than 12,000 pounds the annual fee shall be $35; any such vehicle
22 grossing more than 8,000 pounds but not over 12,000 pounds, the annual
23 fee shall be $25; for any such vehicle grossing more than 2,000 pounds
24 but not over 8,000 pounds, the annual fee shall be $15. Any such vehicle
25 having a gross weight of 2,000 pounds or less may, at the owner's option,
26 be registered and the fee for such registration shall be $15.
27 Any trailer, semitrailer or travel trailer owned by a nonresident of this
28 state and based in another state, which is properly registered and licensed
29 in the state of residence of the owner or in the state where based, may
30 be operated in this state without being registered or licensed in this state
31 if the truck or truck tractor propelling the same is properly registered and
32 licensed in this state, or is registered and licensed in some other state and
33 is entitled to reciprocal privileges of operation in this state, but this pro-
34 vision shall not apply to any trailer or semitrailer owned by a nonresident
35 of this state when such trailer or semitrailer is owned by a person who
36 has proportionately registered and licensed a fleet of vehicles under the
37 provisions of K.S.A. 8-1,101 to 8-1,123, inclusive, and amendments
38 thereto, or under the terms of any reciprocal or proration agreement
39 made pursuant thereto.
40 At the option of the owner, any trailer, semitrailer or pole trailer, with
41 a gross weight of more than 12,000 pounds, may be issued a multi-year
42 registration for a five-year period upon payment of the appropriate reg-
43 istration fee. The fee for a five-year registration of such trailer shall be
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1 five times the annual fee for such trailer. If the annual registration fee is
2 increased during the multi-year registration period, the owner of the
3 trailer with such multi-year registration shall be subject to the amount of
4 the increase of the annual registration fee for the remaining calendar
5 years of such multi-year registration. When the owner of any trailer, semi-
6 trailer or pole trailer registered under this multi-year provision transfers
7 or assigns the title, or interest thereto, the registration of such trailer shall
8 expire. The owner shall remove the license plate from such trailer and
9 forward the license plate to the division of vehicles or may have such
10 license plate assigned to another trailer, semitrailer or pole trailer upon
11 the payment of fees required by law. Any owner of a trailer, semitrailer
12 or pole trailer where the multi-year registration fee has been paid and
13 the trailer is sold, junked, repossessed, foreclosed by a mechanic's lien or
14 title transferred by operation of law, and the registration thereon is not
15 going to be transferred to another trailer, may secure a refund for the
16 registration fee for the remaining calendar years by making application
17 to the division of vehicles on a form and in the manner prescribed by the
18 director of vehicles. The secretary of revenue may adopt such rules and
19 regulations necessary to implement the multi-year registration of such
20 trailers, semitrailers and pole trailers.
21 A farm trailer used in carrying not more than 6,000 pounds owned by
22 a person engaged in farming, which trailer is used exclusively by the
23 owner to transport agricultural products produced by such owner or com-
24 modities purchased by the owner for use on the farm owned or rented
25 by the owner of such trailer, shall not be subject to the registration and
26 registration fees prescribed by this act for trailers, and the weight of any
27 such farm trailer, plus the cargo weight of 6,000 pounds or less, shall not
28 be considered in determining the gross weight for which the truck or
29 truck tractor propelling the same shall be registered. Any nonself-pro-
30 pelled vehicle used and designed for applying fertilizers to the soil or for
31 picking up and transporting hay or forage from a field to a storage area
32 or from a storage area to a feedlot, which is only incidentally moved or
33 operated upon the highways, shall not be subject to registration and reg-
34 istration fees prescribed by this act for trailers.
35 (b) Any truck or truck tractor having a gross weight of 4,000 pounds
36 or over, using solid tires, shall pay a license fee of double the amount
37 herein charged. The annual fees herein provided for trucks, truck tractors
38 and trailers not subject to K.S.A. 8-134a, and amendments thereto, shall
39 be due January 1 of each year and payable on or before February 15 in
40 each year. If the fee is not paid by such date a penalty of $1 shall be
41 added to the fee charged herein for each month or fraction thereof and
42 until December 31 of each registration year. The annual registration fee
43 for all passenger vehicles and vehicles subject to K.S.A. 8-134a, and
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1 amendments thereto, shall be due on or before the last day of the month
2 in which the registration plate expires and shall be due for other vehicles
3 as provided by K.S.A. 8-134, and amendments thereto. If the registration
4 fee is not paid by such date a penalty of $1 shall be added to the fee
5 charged herein for each month or fraction thereof until such registration
6 fee is paid. Members of the armed forces of the United States shall be
7 permitted to apply for registration at any time and be subject to registra-
8 tion fee, less penalties, applicable at the time the application is made. If
9 any motorcycle, motorized bicycle, trailer, semitrailer, travel trailer, or
10 pole trailer is either purchased or acquired after the anniversary or re-
11 newal date in any registration year there shall immediately become due
12 and payable a registration fee as follows: If purchased or acquired be-
13 tween the anniversary or renewal date of any registration year and the
14 first six months of such registration year, the annual fee hereinbefore
15 provided; if purchased or acquired during the last six months of any reg-
16 istration year, 50% of such annual fee. If any truck or truck tractor, except
17 trucks subject to K.S.A. 8-134a, and amendments thereto, is purchased
18 or acquired prior to April 1 of any year the fee shall be the annual fee
19 hereinbefore provided, but if such truck or truck tractor is purchased or
20 acquired after the end of March of any year, the license fee for such year
21 shall be reduced 1/12 for each calendar month which has elapsed since the
22 beginning of the year. If any truck registered for a gross weight of 12,000
23 pounds or less or passenger vehicle is purchased or acquired and less than
24 12 months remain in the registration period, the fee shall be 1/12 of the
25 annual fee for each calendar month remaining in the registration period.
26 (c) The owner of any motorcycle, motorized bicycle, passenger ve-
27 hicle, truck, truck tractor, trailer, semitrailer, or electrically propelled ve-
28 hicle who fails to pay the registration fee or fees herein provided on the
29 date when the same become due and payable shall be guilty of a misde-
30 meanor, and upon conviction thereof shall be subject to a penalty in the
31 sum of $1 for each month or fraction thereof during which such fee has
32 remained unpaid after it became due and payable; and in addition thereto
33 shall be subject to such other punishment as is provided in this act. Upon
34 the transfer of motorcycles, motorized bicycles, passenger vehicles, trail-
35 ers, semitrailers, trucks or truck tractors, on which registration fees have
36 been paid for the year in which the transfer is made, either (A) to a
37 corporation by one or more persons, solely in exchange for stock or se-
38 curities in such corporation, or (B) by one corporation to another cor-
39 poration when all of the assets of such corporation are transferred to the
40 other corporation, then in either case (A) or case (B) the corporation shall
41 be exempt from the payment of registration fees on such vehicles for the
42 year in which such transfer is made. Applications for transfer or registra-
43 tion shall be accompanied by a fee of $1.50. When the registration of a
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1 vehicle has expired at midnight on the last day of any registration year,
2 and such vehicle is not thereafter operated upon the highways, any ap-
3 plication for renewal of registration made subsequent to the anniversary
4 or renewal date of any registration year following the expiration of such
5 registration and for succeeding registration years in which such vehicle
6 has not been registered shall be accompanied by an affidavit of nonoper-
7 ation and nonuse, and such application for renewal or registration shall
8 be received by the division of vehicles upon payment of the proper fees
9 for the current registration year and without penalty.
10 (3) Any nonresident of Kansas purchasing a vehicle from a Kansas
11 resident and desiring to secure registration on the vehicle in the state of
12 such person's residence may make application in the office of any county
13 treasurer for a thirty-day temporary registration. The county treasurer
14 upon presentation of evidence of ownership in the applicant and evidence
15 the sales tax has been paid, if due, shall charge and collect a fee of $3 for
16 each thirty-day temporary license and issue a sticker or paper registration
17 as may be determined by the director of vehicles, and the registration so
18 issued shall be valid for a period of 30 days from the date of issuance.
19 (4) Any owner of any motor vehicle which is subject to taxation under
20 the provisions of article 51 of chapter 79 of the Kansas Statutes Annotated
21 or any other truck or truck tractor where the annual registration fee has
22 been paid and the vehicle is sold, junked, repossessed, foreclosed by a
23 mechanic's lien or title transferred by operation of law, and the registra-
24 tion thereon is not going to be transferred to another vehicle may secure
25 a refund for the registration fee for the remaining portion of the year by
26 making application to the division of vehicles on a form and in the manner
27 prescribed by the director of vehicles, accompanied by all license plates
28 and attachments issued in connection therewith. If the owner of the reg-
29 istration becomes deceased and the vehicle is not going to be used on the
30 highway, and title is not being currently transferred, the proper repre-
31 sentative of the estate shall be entitled to the refund. The refund shall be
32 made only for the period of time remaining in the registration year from
33 the date of completion and filing of the application with and delivery of
34 the license plate and attachments to the division of vehicles. Where the
35 registration is secured under a quarterly payment annual registration fee,
36 as provided for in K.S.A. 8-143a, and amendments thereto, such refund
37 shall be made on the quarterly fee paid and unused and all remaining
38 quarterly payments shall be canceled. Any truck or truck tractor having
39 the registration fee paid on quarterly payment basis, all quarterly pay-
40 ments due or a fraction of quarterly payment due shall be paid before
41 title may be transferred, except that in case of death, the filing of the
42 application and returning of the license plate and attachment shall cancel
43 the remaining annual payments due. Whenever a truck or truck tractor,
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1 where the registration is secured on a quarterly payment of the annual
2 registration, the one repossessing the truck or truck tractor, or foreclosing
3 by a mechanic's lien, or securing title by court order, the mortgagor or
4 the assigns of the mortgagor, or the one securing title may pay the balance
5 due on date of application for title, but the payments for the remaining
6 portion of the year shall not be canceled unless application is made and
7 the license plate and attachments are surrendered. Nothing in this sub-
8 section shall apply when registration is secured under the provisions of
9 K.S.A. 8-1,101 to 8-1,123, inclusive, and amendments thereto. Notwith-
10 standing any of the foregoing provisions of this section, no refund shall
11 be made under the provisions of this section where the amount thereof
12 does not exceed $5. The division of vehicles shall furnish such blank forms
13 as may be required under the provisions of this subsection as it deems
14 necessary to be completed by the applicant. Whenever a registration
15 which has been secured on a quarterly basis shall be canceled as provided
16 in this subsection, the division of vehicles shall notify the county treasurer
17 issuing the original registration of such cancellation so that the county
18 treasurer may, and the county treasurer shall cancel the registration of
19 such vehicle in the county treasurer's office and release any lien issued
20 in connection with such registration.
21 (5) Every owner of a travel trailer designed for or intended to be
22 moved upon any highway in this state shall, before the same is so moved,
23 apply for and obtain the proper registration thereof as provided in this
24 act, except when such unit is permitted to be moved under the special
25 provisions relating to secured parties, manufacturers, dealers and non-
26 residents contained in this act. At the time of registering any travel trailer
27 for the purpose of moving any such vehicle upon any highway in this
28 state, the owner thereof shall indicate on the registration form whether
29 or not such vehicle is being moved permanently to a location outside of
30 the county in which such vehicle is being registered. No such vehicle
31 which the owner thereof intends to move to a permanent location outside
32 the boundaries of such county shall be registered for movement on the
33 highways of this state until all taxes levied against such vehicle have been
34 paid. A copy of such registration form shall be sent to the county clerk
35 or assessor of the county to which such vehicle is being moved. When
36 such travel trailer is used for living quarters and not operated on the
37 highways, the owner shall be exempt from the license fees as provided in
38 paragraph (a) of subsection (2) so long as such travel trailer is not operated
39 on the highway.
40 Sec. 2. K.S.A. 1996 Supp. 8-143 is hereby repealed.
41 Sec. 3. This act shall take effect and be in force from and after its
42 publication in the statute book.