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12  AN ACT relating to motor vehicles; concerning the taxation thereof;
13    amending K.S.A. 1996 Supp. [8-126, 8-128 and] 8-134a and 79-5101
14    and repealing the existing sections.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    [Section 1.  K.S.A. 1996 Supp. 8-126 is hereby amended to read
18  as follows: 8-126. The following words and phrases when used in
19  this act shall have the meanings respectively ascribed to them
20  herein:
21    [(a)  ``Vehicle.'' means every device in, upon or by which any
22  person or property is or may be transported or drawn upon a pub-
23  lic highway, excepting devices moved by human power or used
24  exclusively upon stationary rails or tracks.
25    [(b)  ``Motor vehicle.'' means every vehicle, other than a motor-
26  ized bicycle or a motorized wheelchair, which is self-propelled.
27    [(c)  ``Truck.'' means a motor vehicle which is used for the trans-
28  portation or delivery of freight and merchandise or more than 10
29  passengers.
30    [(d)  ``Motorcycle.'' means every motor vehicle designed to
31  travel on not more than three wheels in contact with the ground,
32  except any such vehicle as may be included within the term ``trac-
33  tor'' as herein defined.
34    [(e)  ``Truck tractor.'' means every motor vehicle designed and
35  used primarily for drawing other vehicles, and not so constructed
36  as to carry a load other than a part of the weight of the vehicle or
37  load so drawn.
38    [(f)  ``Farm tractor.'' means every motor vehicle designed and
39  used as a farm implement power unit operated with or without
40  other attached farm implements in any manner consistent with the
41  structural design of such power unit.
42    [(g)  ``Road tractor.'' means every motor vehicle designed and
43  used for drawing other vehicles, and not so constructed as to carry
Sub. SB 332--Am. by HCW
                                     

 1  any load thereon independently, or any part of the weight of a
 2  vehicle or load so drawn.
 3    [(h)  ``Trailer.'' means every vehicle without motive power de-
 4  signed to carry property or passengers wholly on its own structure
 5  and to be drawn by a motor vehicle.
 6    [(i)  ``Semitrailer.'' means every vehicle of the trailer type so de-
 7  signed and used in conjunction with a motor vehicle that some part
 8  of its own weight and that of its own load rests upon or is carried
 9  by another vehicle.
10    [(j)  ``Pole trailer.'' means any two-wheel vehicle used as a trailer
11  with bolsters that support the load, and do not have a rack or body
12  extending to the tractor drawing the load.
13    [(k)  ``Specially constructed vehicle.'' means any vehicle which
14  shall not have been originally constructed under a distinctive
15  name, make, model or type, or which, if originally otherwise con-
16  structed shall have been materially altered by the removal of es-
17  sential parts, or by the addition or substitution of essential parts,
18  new or used, derived from other vehicles or makes of vehicles.
19    [(l)  ``Foreign vehicle.'' means every motor vehicle, trailer or
20  semitrailer which shall be brought into this state otherwise than
21  in ordinary course of business by or through a manufacturer or
22  dealer and which has not been registered in this state.
23    [(m)  ``Person.'' means every natural person, firm, partnership,
24  association or corporation.
25    [(n)  ``Owner.'' means a person who holds the legal title of a ve-
26  hicle, or in the event a vehicle is the subject of an agreement for
27  the conditional sale thereof with the right of purchase upon per-
28  formance of the conditions stated in the agreement and with an
29  immediate right of possession vested in the conditional vendee or
30  in the event a vehicle is subject to a lease of 30 days or more with
31  an immediate right of possession vested in the lessee; or in the
32  event a party having a security interest in a vehicle is entitled to
33  possession, then such conditional vendee or lessee or secured
34  party shall be deemed the owner for the purpose of this act.
35    [(o)  ``Nonresident.'' means every person who is not a resident
36  of this state.
37    [(p)  ``Manufacturer.'' means every person engaged in the busi-
38  ness of manufacturing motor vehicles, trailers or semitrailers.
39    [(q)  ``New vehicle dealer.'' means every person actively engaged
40  in the business of buying, selling or exchanging new motor vehi-
41  cles, travel trailers, trailers or vehicles and who holds a dealer's
42  contract therefor from a manufacturer or distributor and who has
43  an established place of business in this state.
Sub. SB 332--Am. by HCW
                                     

 1    [(r)  ``Used vehicle dealer.'' means every person actively en-
 2  gaged in the business of buying, selling or exchanging used vehi-
 3  cles, and having an established place of business in this state and
 4  who does not hold a dealer's contract for the sale of new motor
 5  vehicles, travel trailers, trailers or vehicles.
 6    [(s)  ``Highway.'' means every way or place of whatever nature
 7  open to the use of the public as a matter of right for the purpose
 8  of vehicular travel. The term ``highway'' shall not be deemed to
 9  include a roadway or driveway upon grounds owned by private
10  owners, colleges, universities or other institutions.
11    [(t)  ``Department'' or ``motor vehicle department'' or ``vehicle
12  department.'' means the division of vehicles of the department of
13  revenue, acting directly or through its duly authorized officers and
14  agents.
15    [(u)  ``Commission'' or ``state highway commission.'' means the
16  director of vehicles of the department of revenue.
17    [(v)  ``Division.'' means the division of vehicles of the depart-
18  ment of revenue.
19    [(w)  ``Travel trailer.'' means every vehicle without motive power
20  designed to be towed by a motor vehicle constructed primarily for
21  recreational purposes and measuring eight feet or less in width.
22    [(x)  ``Passenger vehicle.'' means every motor vehicle, as herein
23  defined, which is designed primarily to carry 10 or fewer passen-
24  gers, and which is not used as a truck.
25    [(y)  ``Self-propelled farm implement.'' means every farm imple-
26  ment designed for specific use applications with its motive power
27  unit permanently incorporated in its structural design.
28    [(z)  ``Farm trailer.'' means every trailer as defined in subsection
29    (h) of this section and every semitrailer as defined in subsection (i)
30  of this section, designed and used primarily as a farm vehicle.
31    [(aa)  ``Motorized bicycle.'' means every device having two tan-
32  dem wheels or three wheels, which may be propelled by either
33  human power or helper motor, or by both, and which has: A motor
34  which produces not more than 3.5 brake horsepower; a cylinder
35  capacity of not more than 50 cubic centimeters; an automatic
36  transmission; and the capability of a maximum design speed of no
37  more than 30 miles per hour.
38    [(bb)  ``All-terrain vehicle.'' means any motorized nonhighway
39  vehicle 45 inches or less in width, having a dry weight of 650
40  pounds or less, traveling on three or more low-pressure tires, hav-
41  ing a seat designed to be straddled by the operator. As used in this
42  subsection, low-pressure tire means any pneumatic tire six inches
43  or more in width, designed for use on wheels with rim diameter
Sub. SB 332--Am. by HCW
                                     

 1  of 12 inches or less, and utilizing an operating pressure of 10
 2  pounds per square inch or less as recommended by the vehicle
 3  manufacturer.
 4    [(cc)  ``Implement of husbandry'' means every vehicle designed
 5  or adapted and used exclusively for agricultural operations, in-
 6  cluding feedlots, and only incidentally moved or operated upon
 7  the highways. Such term shall include, but not be limited to:
 8    [(1)  A farm tractor;
 9    [(2)  a self-propelled farm implement;
10    [(3)  a fertilizer spreader, nurse tank or truck permanently
11  mounted with a spreader used exclusively for dispensing or
12  spreading water, dust or liquid fertilizers or agricultural chemi-
13  cals, as defined in K.S.A. 2-2202, and amendments thereto, re-
14  gardless of ownership;
15    [(4)  a truck mounted with a fertilizer spreader used or manu-
16  factured principally to spread animal dung;
17    [(5)  a mixer-feed truck owned and used by a feedlot, as defined
18  in K.S.A. 47-1501, and amendments thereto, and specially de-
19  signed and used exclusively for dispensing food to livestock in such
20  feedlot.
21    [(dd)  ``Motorized wheelchair.'' means any self-propelled vehicle
22  designed specifically for use by a physically disabled person that
23  is incapable of a speed in excess of 15 miles per hour.
24    [(ee)  ``Oil well servicing, oil well clean-out or oil well drilling machin-
25  ery or equipment'' means a vehicle constructed as a machine used pri-
26  marily for servicing, cleaning-out or drilling an oil well and consisting in
27  general of a mast, an engine for power, a draw works and a chassis per-
28  manently constructed or assembled for one or more of those purposes.
29  The passenger capacity of the cab of a vehicle shall not be considered in
30  determining whether such vehicle is an oil well servicing, oil well clean-
31  out or oil well drilling machinery or equipment.
32    [Sec. 2.  K.S.A. 1996 Supp. 8-128 is hereby amended to read as
33  follows: 8-128. (a) The following need not be registered under this
34  act:
35    [(1)  Implement of husbandry;
36    [(2)  all-terrain vehicles;
37    [(3)  road rollers and road machinery temporarily operated or
38  moved upon the highways;
39    [(4)  municipally owned fire trucks;
40    [(5)  privately owned fire trucks subject to a mutual aid agree-
41  ment with a municipality; or
42    [(6)  school buses owned and operated by a school district or a
43  nonpublic school which have the name of the municipality, school
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 1  district or nonpublic school plainly painted thereon.
 2    [(b)  Self-propelled cranes and earth moving equipment which
 3  are equipped with pneumatic tires may be moved on the highways
 4  of this state from one job location to another, or to or from places
 5  of storage delivery or repair, without complying with the provi-
 6  sions of the law relating to registration and display of license plates
 7  but shall comply with all the other requirements of the law relating
 8  to motor vehicles and shall not be operated on state maintained
 9  roads or highways on Sundays or any legal holidays except Lin-
10  coln's birthday, Washington's birthday or Columbus day.
11    [(c)  Oil well servicing, oil well clean-out or oil well drilling machinery
12  or equipment need not be registered under this act but shall comply with
13  all the other requirements of the law relating to motor vehicles.]
14    Section 1. [Sec. 3.  On and after January 1, 1998,] K.S.A. 1996
15  Supp. 8-134a is hereby amended to read as follows: 8-134a. (a) Except as
16  provided in subsection (c), on and after January 1, 1995 1998, any truck
17  or truck tractor registered for a gross weight of 12,000 16,000 20,000
18  pounds or less, motorcycles, motorized bicycles and recreational vehicles,
19  as defined in K.S.A. 1996 Supp. 79-5118, and amendments thereto, shall
20  be registered or reregistered in accordance with the provisions of sub-
21  sections (b) and (c) of K.S.A. 8-134, and amendments thereto. The pro-
22  visions of this section shall not apply to vehicles registered on an appor-
23  tioned basis as part of a fleet under the provisions of K.S.A. 8-1,100 to
24  8-1,123, inclusive, and amendments thereto, or vehicles registered under
25  the provisions of K.S.A. 8-166 et seq., and amendments thereto.
26    (b)  The division of vehicles, in order to initiate a system of registering
27  or reregistering vehicles included in subsection (a) during any month of
28  a calendar year, may register or reregister such vehicles for less than a
29  twelve-month period, prorating the annual registration fee and taxes im-
30  posed under K.S.A. 79-5101 et seq., and amendments thereto, when in
31  the director's opinion such tends to fulfill the purpose of the monthly
32  registration of this section. The secretary of revenue may adopt rules and
33  regulations for the administration of this section and to carry out the
34  purpose of the act of which this section is a part.
35    (c)  Motor vehicles registered for a gross weight of more than 12,000
36  pounds and not more than 16,000 20,000 pounds shall continue to be
37  registered in accordance with the provisions of subsection (a) of K.S.A. 8-
38  134, and amendments thereto, if the director of vehicles certifies to the
39  secretary of the department of revenue that the necessary computer pro-
40  gramming cannot be accomplished prior to January 1, 1998. Such motor
41  vehicles shall be registered on and after January 1, 1999, in accordance
42  with the provisions of subsections (b) and (c) of K.S.A. 8-134, and amend-
43  ments thereto.
Sub. SB 332--Am. by HCW
                                     

 1    Sec. 2. [Sec. 4.  On and after January 1, 1998,] K.S.A. 1996 Supp.
 2  79-5101 is hereby amended to read as follows: 79-5101. As used in this
 3  act the term ``motor vehicle'' means and includes all motor vehicles re-
 4  quired to be registered under the provisions of article 1 of chapter 8 of
 5  the Kansas Statutes Annotated and amendments thereto, except:
 6    (a)  Motor vehicles assessed and taxed by the director of property
 7  valuation under the provisions of chapter 79, article 6a, of the Kansas
 8  Statutes Annotated, and amendments thereto;
 9    (b)  motor vehicles of public service companies whose property is as-
10  sessed by the director of property valuation under the provisions of article
11  5a of chapter 79 of the Kansas Statutes Annotated, and amendments
12  thereto;
13    (c)  except as provided in section 3, motor vehicles having registered
14  for a gross vehicle weight of more than 12,000 16,000 20,000 pounds;
15    (d)  motor vehicles owned by a car rental company upon which the
16  tax imposed under K.S.A. 1996 Supp. 79-5117 and amendments thereto,
17  has been paid;
18    (e)  recreational vehicles, as defined by K.S.A. 1996 Supp. 79-5118,
19  and amendments thereto,; and
20    (f)  motor vehicles which are exempted from property taxation under
21  the provisions of the Kansas Statutes Annotated or the Kansas constitu-
22  tion.
23    New Sec. 3 [5].  Motor vehicles registered for a gross weight of more
24  than 12,000 pounds and not more than 16,000 20,000 pounds, shall con-
25  tinue to be assessed and taxed in accordance with the provisions of K.S.A.
26  79-306d, and amendments thereto, if the director of vehicles certifies to
27  the secretary of the department of revenue that the necessary program-
28  ming cannot be accomplished prior to January 1, 1998. Such motor ve-
29  hicles shall be subject to taxation under the provisions of article 51 of
30  chapter 79 of the Kansas Statutes Annotated on and after January 1, 1999.
31    Sec. 4 [6].  [On and after January 1, 1998,] K.S.A. 1996 Supp. 8-
32  134a and 79-5101 are hereby repealed.
33    [Sec. 7.  K.S.A. 1996 Supp. 8-126 and 8-128 are hereby re-
34  pealed.]
35    Sec. 5 [8].  This act shall take effect and be in force from and after
36  January 1, 1998 and its publication in the statute book.