Session of 1998
HOUSE BILL No. 2618
By Committee on Transportation
1-14
9
AN ACT relating to certificates of title;
concerning fees; amending K.S.A.
10 1997 Supp. 8-135,
8-135a, 8-139, 8-145, 8-170, 8-171, 8-198 and 74-
11 2013 and repealing the
existing sections; also repealing K.S.A. 1997
12 Supp. 8-198a.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section 1. K.S.A. 1997 Supp.
8-135 is hereby amended to read as
16 follows: 8-135. (a) Upon the transfer of
ownership of any vehicle regis-
17 tered under this act, the registration of
the vehicle and the right to use
18 any license plate thereon shall expire and
thereafter there shall be no
19 transfer of any registration, and the
license plate shall be removed by the
20 owner thereof. It shall be unlawful for any
person, other than the person
21 to whom the license plate was originally
issued, to have possession
22 thereof. When the ownership of a registered
vehicle is transferred, the
23 original owner of the license plate may
register another vehicle under the
24 same number, upon application and payment
of a fee of $1.50, if such
25 other vehicle does not require a higher
license fee. If a higher license fee
26 is required, then the transfer may be made
upon the payment of the
27 transfer fee of $1.50 and the difference
between the fee originally paid
28 and that due for the new vehicle.
29 (b) Subject to the provisions
of subsection (a) of K.S.A. 8-198, and
30 amendments thereto, upon the transfer or
sale of any vehicle by any
31 person or dealer, or upon any transfer in
accordance with K.S.A. 1997
32 Supp. 59-3511, the new owner thereof,
within 30 days, inclusive of week-
33 ends and holidays, from date of such
transfer shall make application to
34 the division for registration or
reregistration of the vehicle, but no person
35 shall operate the vehicle on any highway in
this state during the thirty-
36 day period without having applied for and
obtained temporary registration
37 from the county treasurer or from a dealer.
After the expiration of the
38 thirty-day period, it shall be unlawful for
the owner or any other person
39 to operate such vehicle upon the highways
of this state unless the vehicle
40 has been registered as provided in this
act. For failure to make application
41 for registration as provided in this
section, a penalty of $2 shall be added
42 to other fees. When a person has a current
motorcycle or passenger ve-
43 hicle registration and license plate,
including any registration decal affixed
HB 2618
2
1 thereto, for a vehicle and has sold
or otherwise disposed of the vehicle
2 and has acquired another motorcycle
or passenger vehicle and intends to
3 transfer the registration and the
license plate to the motorcycle or pas-
4 senger vehicle acquired, but has not
yet had the registration transferred
5 in the office of the county
treasurer, such person may operate the mo-
6 torcycle or passenger vehicle
acquired for a period of not to exceed 30
7 days by displaying the license plate
on the rear of the vehicle acquired.
8 If the acquired vehicle is a new
vehicle such person also must carry the
9 assigned certificate of title or
manufacturer's statement of origin when
10 operating the acquired vehicle, except that
a dealer may operate such
11 vehicle by displaying such dealer's dealer
license plate.
12 (c) Certificate of title: No
vehicle required to be registered shall be
13 registered or any license plate or
registration decal issued therefor, unless
14 the applicant for registration shall
present satisfactory evidence of own-
15 ership and apply for an original
certificate of title for such vehicle. The
16 following paragraphs of this subsection
shall apply to the issuance of a
17 certificate of title for a nonhighway
vehicle, as defined in K.S.A. 8-197,
18 and amendments thereto, except to the
extent such paragraphs are made
19 inapplicable by or are inconsistent with
K.S.A. 8-198, and amendments
20 thereto.
21 (1) An application for
certificate of title shall be made by the owner
22 or the owner's agent upon a form furnished
by the division and shall state
23 all liens or encumbrances thereon, and such
other information as the
24 division may require. Notwithstanding any
other provision of this section,
25 no certificate of title, other than a
duplicate title, shall be issued for a
26 vehicle having any unreleased lien or
encumbrance thereon, unless the
27 transfer of such vehicle has been consented
to in writing by the holder
28 of the lien or encumbrance. Such consent
shall be in a form approved by
29 the division. In the case of members of the
armed forces of the United
30 States while the United States is engaged
at war with any foreign nation
31 and for a period of six months next
following the cessation of hostilities,
32 such application may be signed by the
owner's spouse, parents, brother
33 or sister. The county treasurer shall use
reasonable diligence in ascer-
34 taining whether the facts stated in such
application are true, and if sat-
35 isfied that the applicant is the lawful
owner of such vehicle, or otherwise
36 entitled to have the same registered in
such applicant's name, shall so
37 notify the division, who shall issue an
appropriate certificate of title. The
38 certificate of title shall be in a form
approved by the division, and shall
39 contain a statement of any liens or
encumbrances which the application
40 shows, and such other information as the
division determines.
41 (2) The certificate of title
shall contain upon the reverse side a form
42 for assignment of title to be executed by
the owner before a notary public
43 or some other officer authorized to
administer an oath. This assignment
HB 2618
3
1 shall contain a statement of all
liens or encumbrances on the vehicle at
2 the time of assignment. The
certificate of title shall also contain on the
3 reverse side blank spaces so that an
abstract of mileage as to each owner
4 will be available. The seller at the
time of each sale shall insert the mileage
5 on the form filed for application or
reassignment of title, and the division
6 shall insert such mileage on the
certificate of title when issued to pur-
7 chaser or assignee. The signature of
the purchaser or assignee is required
8 on the form filed for application or
reassignment of title, acknowledging
9 the odometer certification made by
the seller, except that vehicles which
10 are 10 model years or older and trucks with
a gross vehicle weight of
11 more than 16,000 pounds shall be exempt
from the mileage acknowledg-
12 ment requirement of the purchaser or
assignee. Such title shall indicate
13 whether the vehicle for which it is issued
has been titled previously as a
14 nonhighway vehicle. In addition, the
reverse side shall contain two forms
15 for reassignment by a dealer, stating the
liens or encumbrances thereon.
16 The first form of reassignment shall be
used only when a dealer sells the
17 vehicle to another dealer. The second form
of reassignment shall be used
18 by a dealer when selling the vehicle to
another dealer or the ultimate
19 owner of the vehicle. The reassignment by a
dealer shall be used only
20 where the dealer resells the vehicle, and
during the time that the vehicle
21 remains in the dealer's possession for
resale, the certificate of title shall
22 be dormant. When the ownership of any
vehicle passes by operation of
23 law, or repossession upon default of a
lease, security agreement, or ex-
24 ecutory sales contract, the person owning
such vehicle, upon furnishing
25 satisfactory proof to the county treasurer
of such ownership, may procure
26 a certificate of title to the vehicle. When
a vehicle is registered in another
27 state and is repossessed in another state,
the owner of such vehicle shall
28 not be entitled to obtain a valid Kansas
title or registration, except that
29 when a vehicle is registered in another
state, but is financed originally by
30 a financial institution chartered in the
state of Kansas or when a financial
31 institution chartered in Kansas purchases a
pool of motor vehicle loans
32 from the resolution trust corporation or a
federal regulatory agency, and
33 the vehicle is repossessed in another
state, such Kansas financial institu-
34 tion shall be entitled to obtain a valid
Kansas title or registration.
35 (3) Dealers shall execute,
upon delivery to the purchaser of every new
36 vehicle, a manufacturer's statement of
origin stating the liens and encum-
37 brances thereon. Such statement of origin
shall be delivered to the pur-
38 chaser at the time of delivery of the
vehicle or at a time agreed upon by
39 the parties, not to exceed 30 days,
inclusive of weekends and holidays.
40 The agreement of the parties shall be
executed on a form approved by
41 the division. In the event delivery of
title cannot be made personally, the
42 seller may deliver the manufacturer's
statement of origin by restricted
43 mail to the address of purchaser shown on
the purchase agreement. The
HB 2618
4
1 manufacturer's statement of origin
may include an attachment containing
2 assignment of such statement of
origin on forms approved by the division.
3 Upon the presentation to the division
of a manufacturer's statement of
4 origin, by a manufacturer or dealer
for a new vehicle, sold in this state, a
5 certificate of title shall be issued
if there is also an application for regis-
6 tration, except that no application
for registration shall be required for a
7 travel trailer used for living
quarters and not operated on the highways.
8 (4) The fee for each
original certificate of title shall be $7 until July
9 1, 1999 2003,
and $3.50 thereafter, in addition to the fee for registration
10 of such vehicle, trailer or semitrailer.
The certificate of title shall be good
11 for the life of the vehicle, trailer or
semitrailer while owned or held by
12 the original holder of the certificate of
title.
13 (5) Upon sale and delivery to
the purchaser of every vehicle subject
14 to a purchase money security interest as
defined in K.S.A. 84-9-107, and
15 amendments thereto, the dealer or secured
party may complete a notice
16 of security interest and when so completed,
the purchaser shall execute
17 the notice, in a form prescribed by the
division, describing the vehicle
18 and showing the name and address of the
secured party and of the debtor
19 and other information the division
requires. The dealer or secured party,
20 within 15 days of the sale and delivery,
may mail or deliver the notice of
21 security interest, together with a fee of
$2.50, to the division. The notice
22 of security interest shall be retained by
the division until it receives an
23 application for a certificate of title to
the vehicle and a certificate of title
24 is issued. The certificate of title shall
indicate any security interest in the
25 vehicle. Upon issuance of the certificate
of title, the division shall mail or
26 deliver confirmation of the receipt of the
notice of security interest, the
27 date the certificate of title is issued and
the security interest indicated, to
28 the secured party at the address shown on
the notice of security interest.
29 The proper completion and timely mailing or
delivery of a notice of se-
30 curity interest by a dealer or secured
party shall perfect a security interest
31 in the vehicle described on the date of
such mailing or delivery. The
32 county treasurers shall mail a copy of the
title application to the Kansas
33 lienholder. Each county treasurer shall
charge the Kansas lienholder a
34 $1.50 service fee for processing and
mailing a copy of the title application
35 to the Kansas lienholder.
36 (6) It shall be unlawful for
any person to operate in this state a vehicle
37 required to be registered under this act,
or to transfer the title to any
38 such vehicle to any person or dealer,
unless a certificate of title has been
39 issued as herein provided. In the event of
a sale or transfer of ownership
40 of a vehicle for which a certificate of
title has been issued, which certif-
41 icate of title is in the possession of the
transferor at the time of delivery
42 of the vehicle, the holder of such
certificate of title shall endorse on the
43 same an assignment thereof, with warranty
of title in a form prescribed
HB 2618
5
1 by the division and printed thereon
and the transferor shall deliver the
2 same to the buyer at the time of
delivery to the buyer of the vehicle or
3 at a time agreed upon by the parties,
not to exceed 30 days, inclusive of
4 weekends and holidays, after the time
of delivery. The agreement of the
5 parties shall be executed on a form
provided by the division. The require-
6 ments of this paragraph concerning
delivery of an assigned title are sat-
7 isfied if the transferor mails to the
transferee by restricted mail the as-
8 signed certificate of title within
the 30 days, and if the transferor is a
9 dealer, as defined by K.S.A. 8-2401,
and amendments thereto, such trans-
10 feror shall be deemed to have possession of
the certificate of title if the
11 transferor has made application therefor to
the division. The buyer shall
12 then present such assigned certificate of
title to the division at the time
13 of making application for registration of
such vehicle. A new certificate
14 of title shall be issued to the buyer, upon
payment of the fee of $7 until
15 July 1, 1999 2003,
and $3.50 thereafter. If such vehicle is sold to a resident
16 of another state or country, the dealer or
person making the sale shall
17 notify the division of the sale and the
division shall make notation thereof
18 in the records of the division. When a
person acquires a security agree-
19 ment on a vehicle subsequent to the
issuance of the original title on such
20 vehicle, such person shall require the
holder of the certificate of title to
21 surrender the same and sign an application
for a mortgage title in form
22 prescribed by the division. Upon such
surrender such person shall im-
23 mediately deliver the certificate of title,
application, and a fee of $7 until
24 July 1, 1999 2003,
and $3.50 thereafter, to the division. Upon receipt
25 thereof, the division shall issue a new
certificate of title showing the liens
26 or encumbrances so created, but not more
than two liens or encum-
27 brances may be shown upon a title. When a
prior lienholder's name is
28 removed from the title, there must be
satisfactory evidence presented to
29 the division that the lien or encumbrance
has been paid. When the in-
30 debtedness to a lienholder, whose name is
shown upon a title, is paid in
31 full, such lienholder within 10 days after
written demand by restricted
32 mail, shall furnish to the holder of the
title a release of lien or execute
33 such a release in the space provided on the
title. For failure to comply
34 with such a demand the lienholder shall be
liable to the holder of the
35 title for $100 and also shall be liable for
any loss caused to the holder by
36 such failure. When the indebtedness to a
lienholder, whose name is
37 shown upon a title, is collected in full,
such lienholder, within 30 days,
38 shall furnish notice to the holder of title
that such indebtedness has been
39 paid in full and that such title may be
presented to the lienholder at any
40 time for release of lien.
41 (7) It shall be unlawful for
any person to buy or sell in this state any
42 vehicle required to be registered, unless,
at the time of delivery thereof
43 or at a time agreed upon by the parties,
not to exceed 30 days, inclusive
HB 2618
6
1 of weekends and holidays, after the
time of delivery, there shall pass
2 between the parties a certificate of
title with an assignment thereof. The
3 sale of a vehicle required to be
registered under the laws of this state,
4 without assignment of the certificate
of title, is fraudulent and void, unless
5 the parties shall agree that the
certificate of title with assignment thereof
6 shall pass between them at a time
other than the time of delivery, but
7 within 30 days thereof. The
requirements of this paragraph concerning
8 delivery of an assigned title shall
be satisfied if (i) the seller mails to the
9 purchaser by restricted mail the
assigned certificate of title within 30 days,
10 or (ii) if the transferor is a dealer, as
defined by K.S.A. 8-2401, and amend-
11 ments thereto, such seller shall be deemed
to have possession of the
12 certificate of title if such seller has
made application therefor to the di-
13 vision, or (iii) if the transferor is a
dealer and has assigned a title pursuant
14 to paragraph (9) of this subsection
(c).
15 (8) In cases of sales under
the order of a court of a vehicle required
16 to be registered under this act, the
officer conducting such sale shall issue
17 to the purchaser a certificate naming the
purchaser and reciting the facts
18 of the sale, which certificate shall be
prima facie evidence of the own-
19 ership of such purchaser for the purpose of
obtaining a certificate of title
20 to such motor vehicle and for registering
the same. Any such purchaser
21 shall be allowed 30 days, inclusive of
weekends and holidays, from the
22 date of sale to make application to the
division for a certificate of title
23 and for the registering of such motor
vehicle.
24 (9) Any dealer who has
acquired a vehicle, the title for which was
25 issued under the laws of and in a state
other than the state of Kansas,
26 shall not be required to obtain a Kansas
certificate of title therefor during
27 the time such vehicle remains in such
dealer's possession and at such
28 dealer's place of business for the purpose
of sale. The purchaser or trans-
29 feree shall present the assigned title to
the division of vehicles when
30 making application for a certificate of
title as provided in subsection (c)(1).
31 (10) Motor vehicles may be
held and titled in transfer-on-death form.
32 Sec. 2. K.S.A. 1997 Supp.
8-135a is hereby amended to read as fol-
33 lows: 8-135a. A person in whose name a
vehicle is titled and registered
34 may add their spouse's name by assigning
the title from the titleholder
35 to titleholder and spouse and by applying
for a name change title and
36 registration. A son or daughter in whose
name a vehicle is titled and
37 registered may add a parent's name by
assigning the title from such son
38 or daughter to such son or daughter and
parent and by applying for a
39 name change title and registration. A
parent may add a son or daughter's
40 name by assigning the title from such
parent to such parent and parent's
41 son or daughter and by applying for a name
change title and registration.
42 Application for name change title and
registration shall be made in the
43 manner required by law, including
certification of insurance coverage.
HB 2618
7
1 The fee shall be $7 until July 1,
1999 2003, and $3.50 thereafter, for
the
2 title, and no charge shall be made
for the registration, except, when ap-
3 plicable, the fee for transfer of
registration under K.S.A. 8-135, and
4 amendments thereto.
5 Sec. 3. K.S.A. 1997
Supp. 8-139 is hereby amended to read as fol-
6 lows: 8-139. In the event that any
license plate, certificate of title, regis-
7 tration decal or registration receipt
issued hereunder, shall be lost, mu-
8 tilated, or shall have become
illegible, the person who is entitled thereto
9 shall make immediate application for
and obtain a duplicate or substitute
10 therefor, upon furnishing information of
such fact satisfactory to the di-
11 vision and upon payment of the required
fees: Namely, certificate of title,
12 $7 until July 1, 1999
2003, and $3.50 thereafter, registration receipt, $.50,
13 registration decal, $.50, license plates,
$2. In case the license plate is of
14 such type or constructed in such a way that
it is not reasonably possible
15 to remove it from the vehicle to which it
is attached without destroying
16 or mutilating such license plate, and the
ownership of such vehicle shall
17 be transferred and the license plate shall
be mutilated or destroyed by
18 the owner thereof as a result of the
owner's effort to comply with the
19 provisions of K.S.A. 8-135, and amendments
thereto, by removing the
20 same from the vehicle so transferred, then
and in such case no fee shall
21 be charged for such duplicate or substitute
license plate, including any
22 registration decal affixed thereto, but the
same shall be furnished free of
23 charge providing such person shall
otherwise in all respects have complied
24 with the laws governing the transfer of
ownership of such motor vehicle.
25 Sec. 4. K.S.A. 1997 Supp.
8-145 is hereby amended to read as fol-
26 lows: 8-145. (a) All registration and
certificates of title fees shall be paid
27 to the county treasurer of the county in
which the applicant for registra-
28 tion resides or has an office or principal
place of business within this state,
29 and the county treasurer shall issue a
receipt in triplicate, on blanks fur-
30 nished by the division of vehicles, one
copy of which shall be filed in the
31 county treasurer's office, one copy shall
be delivered to the applicant and
32 the original copy shall be forwarded to the
director of vehicles.
33 (b) The county treasurer
shall deposit $.75 of each license applica-
34 tion, $.75 out of each application for
transfer of license plate and $2 out
35 of each application for a certificate of
title, collected by such treasurer
36 under this act, in a special fund, which
fund is hereby appropriated for
37 the use of the county treasurer in paying
for necessary help and expenses
38 incidental to the administration of duties
in accordance with the provi-
39 sions of this law and extra compensation to
the county treasurer for the
40 services performed in administering the
provisions of this act, which com-
41 pensation shall be in addition to any other
compensation provided by any
42 other law, except that the county treasurer
shall receive as additional
43 compensation for administering the motor
vehicle title and registration
HB 2618
8
1 laws and fees, a sum computed as
follows: The county treasurer, during
2 the month of December, shall
determine the amount to be retained for
3 extra compensation not to exceed the
following amounts each year for
4 calendar year 1990 or any calendar
year thereafter: The sum of $60 per
5 hundred registrations for the first
5,000 registrations; the sum of $45 per
6 hundred registrations for the next
5,000 registrations; and the sum of $2
7 per hundred registrations for all
registrations thereafter. In no event,
8 however, shall any county treasurer
be entitled to receive more than
9 $9,800 additional annual
compensation.
10 If more than one person shall
hold the office of county treasurer during
11 any one calendar year, such compensation
shall be prorated among such
12 persons in proportion to the number of
weeks served. The total amount
13 of compensation paid the treasurer together
with the amounts expended
14 in paying for other necessary help and
expenses incidental to the admin-
15 istration of the duties of the county
treasurer in accordance with the
16 provisions of this act, shall not exceed
the amount deposited in such spe-
17 cial fund. Any balance remaining in such
fund at the close of any calendar
18 year shall be withdrawn and credited to the
general fund of the county
19 prior to June 1 of the following calendar
year.
20 (c) The county treasurer
shall remit the remainder of all such fees
21 collected, together with the original copy
of all applications, to the sec-
22 retary of revenue. Except as provided in
subsection (d), all such fees
23 remitted to the secretary of revenue shall
be deposited with the state
24 treasurer and credited to the state highway
fund.
25 (d) (1) On July 1,
1996, through June 30, 1997, $2.35 of each certif-
26 icate of title fee collected and
remitted to the secretary of revenue, shall
27 be deposited with the state
treasurer and credited to the Kansas highway
28 patrol motor vehicle fund, and
$1.15 of each certificate of title fee col-
29 lected and remitted to the
secretary of revenue, shall be deposited with
30 the state treasurer and credited to
the VIPS/CAMA technology hardware
31 fund.
32 (2) On July
1, 1997, through June 30, 1999 2003, $2.50
of each cer-
33 tificate of title fee collected and
remitted to the secretary of revenue,
34 shall be deposited with the state treasurer
and credited to the Kansas
35 highway patrol motor vehicle fund, and, $1
of each certificate of title fee
36 collected and remitted to the secretary of
revenue, shall be deposited
37 with the state treasurer and credited to
the VIPS/CAMA technology hard-
38 ware fund.
39 Sec. 5. K.S.A. 1997 Supp.
8-170 is hereby amended to read as fol-
40 lows: 8-170. (a) Upon the transfer of
ownership of any vehicle registered
41 under the foregoing provisions of this act,
its registration and right to use
42 the license plates thereon shall expire and
thereafter there shall be no
43 transfer of any registration, and the
license plates shall be removed by
HB 2618
9
1 the owner thereof and it shall be
unlawful for any person other than the
2 person to whom such license plates
were originally issued to have the
3 same in possession. In case of a
transfer of ownership of a registered
4 vehicle the original owner of the
license plates may register another an-
5 tique vehicle under the same license
plate designation, upon application
6 therefor and the payment of a fee of
$1.50.
7 (b) Upon the transfer
and sale of a registered vehicle by any person,
8 the new owner thereof, before using a
vehicle on the highways of this
9 state, shall make application to the
division for registration of the vehicle.
10 (c) Certificate of title:
11 (1) Application for
certificate of title on an antique vehicle shall be
12 made by the owner or the owner's agent upon
a blank form to be fur-
13 nished by the division and shall contain
such information as the division
14 shall determine necessary. The division may
waive any information re-
15 quested on the form if it is not available.
The application together with a
16 bill of sale for the antique vehicle shall
be accepted as prima facie evi-
17 dence that the applicant is the owner of
the vehicle. The certificate of
18 title shall be delivered to the applicant.
The certificate shall contain the
19 words ``antique vehicle.''
20 (2) The certificate of title
shall contain upon the reverse side a form
21 for assignment of title to be executed by
the owner before a notary public
22 or some other officer authorized to
administer an oath. A certificate of
23 title may be issued under the provisions of
this act without an application
24 for registration.
25 (3) The fee for each original
certificate of title so issued shall be $7
26 until July 1, 1999
2003, and $3.50 thereafter. The certificate of title
shall
27 be good for the life of the antique
vehicle, so long as the same is owned
28 or held by the original holder of the
certificate of title, and shall not have
29 to be renewed. In the event of a sale or
transfer of ownership of an antique
30 vehicle for which a certificate of title
has been issued, the holder of such
31 certificate of title shall endorse on the
same an assignment thereof, with
32 warranty of title in form printed thereon,
as prescribed by the director,
33 and the transferor must deliver the same to
the buyer at the time of
34 delivery of the vehicle. The buyer shall
then present such certificate of
35 title, assigned as aforesaid, to the
director or an authorized agent of the
36 director, whereupon a new certificate of
title shall be issued to the buyer,
37 the fee therefor being $7 until July 1,
1999 2003, and $3.50 thereafter.
38 Sec. 6. K.S.A. 1997 Supp.
8-171 is hereby amended to read as fol-
39 lows: 8-171. In the event that any license
plate, certificate of title or
40 registration receipt issued hereunder,
shall be lost, mutilated, or shall
41 have become illegible, the person who is
entitled thereto shall make im-
42 mediate application for and obtain a
duplicate therefor, upon furnishing
43 information of such fact satisfactory to
the division and upon payment of
HB 2618
10
1 the required fees: Namely,
certificate of title, $7 until July 1, 1999
2003,
2 and $3.50 thereafter, registration
receipt, $1, license plates, $2.
3 Sec. 7. K.S.A. 1997
Supp. 8-198 is hereby amended to read as fol-
4 lows: 8-198. (a) A nonhighway vehicle
shall not be required to be regis-
5 tered in this state, as provided in
K.S.A. 8-135, and amendments thereto,
6 but nothing in this section shall be
construed as abrogating, limiting or
7 otherwise affecting the provisions of
K.S.A. 8-142, and amendments
8 thereto, which make it unlawful for
any person to operate or knowingly
9 permit the operation in this state of
a vehicle required to be registered
10 in this state.
11 (b) Upon the sale or transfer
of any nonhighway vehicle, the pur-
12 chaser thereof shall obtain a nonhighway
certificate of title in the follow-
13 ing manner:
14 (1) If the transferor is a
vehicle dealer, as defined in K.S.A. 8-2401,
15 and amendments thereto, and a certificate
of title has not been issued for
16 such vehicle under this section or under
the provisions of K.S.A. 8-135,
17 and amendments thereto, such transferor
shall make application for and
18 assign a nonhighway certificate of title to
the purchaser of such nonhigh-
19 way vehicle in the same manner and under
the same conditions pre-
20 scribed by K.S.A. 8-135, and amendments
thereto, for the application for
21 and assignment of a certificate of title
thereunder. Upon the assignment
22 thereof, the purchaser shall make
application for a new nonhighway cer-
23 tificate of title, as provided in
subsection (c).
24 (2) Except as provided in
subsection (b) of K.S.A. 8-199, and amend-
25 ments thereto, if a certificate of title
has been issued for any such vehicle
26 under the provisions of K.S.A. 8-135, and
amendments thereto, the owner
27 of such nonhighway vehicle may surrender
such certificate of title to the
28 division of vehicles and make application
to the division for a nonhighway
29 certificate of title, or the owner may
obtain from the county treasurer's
30 office a form prescribed by the division of
vehicles and, upon proper
31 execution thereof, may assign the
nonhighway certificate of title or the
32 regular certificate of title with such form
attached to the purchaser of the
33 nonhighway vehicle. Upon receipt of the
nonhighway certificate of title
34 or the regular certificate of title with
such form attached, the purchaser
35 shall make application for a new nonhighway
certificate of title as pro-
36 vided in subsection (c).
37 (3) If the transferor is not
a vehicle dealer, as defined in K.S.A. 8-
38 2401, and amendments thereto, and a
certificate of title has not been
39 issued for the vehicle under this section
or a certificate of title was not
40 required under K.S.A. 8-135, and amendments
thereto, the transferor
41 shall make application to the division for
a nonhighway certificate of title
42 as provided in this section, except that in
addition thereto, the division
43 shall require a bill of sale or such
transferor's affidavit, with at least one
HB 2618
11
1 other corroborating affidavit, that
such transferor is the owner of such
2 nonhighway vehicle. If the division
is satisfied that the transferor is the
3 owner, the division shall issue a
nonhighway certificate of title for such
4 vehicle, and the transferor shall
assign the same to the purchaser, who
5 shall make application for a new
nonhighway certificate of title, as pro-
6 vided in subsection (c).
7 (c) Every purchaser of
a nonhighway vehicle, whether assigned a non-
8 highway certificate of title or a
regular certificate of title with the form
9 specified in paragraph (2) of
subsection (b) attached, shall make appli-
10 cation to the county treasurer of the
county in which such person resides
11 for a new nonhighway certificate of title
in the same manner and under
12 the same conditions as for an application
for a certificate of title under
13 K.S.A. 8-135, and amendments thereto. Such
application shall be in the
14 form prescribed by the director of vehicles
and shall contain substantially
15 the same provisions as required for an
application under subsection (c)(1)
16 of K.S.A. 8-135, and amendments thereto. In
addition, such application
17 shall provide a place for the applicant to
certify that the vehicle for which
18 the application for a nonhighway
certificate of title is made is a nonhigh-
19 way vehicle, and other provisions the
director deems necessary. Each
20 application for a nonhighway certificate of
title shall be accompanied by
21 a fee of $7 until July 1,
1999 2003, and $3.50 thereafter, and if the
ap-
22 plication is not made to the county
treasurer within the time prescribed
23 by K.S.A. 8-135, and amendments thereto,
for making application for a
24 certificate of title thereunder, an
additional fee of $2.
25 (d) A nonhighway certificate
of title shall be in form and color as
26 prescribed by the director of vehicles. A
nonhighway certificate of title
27 shall indicate clearly and distinctly on
its face that it is issued for a non-
28 highway vehicle. A nonhighway certificate
of title shall contain substan-
29 tially the same information as required on
a certificate of title issued
30 under K.S.A. 8-135, and amendments thereto,
and other information the
31 director deems necessary.
32 (e) A nonhighway certificate
of title may be transferred in the same
33 manner and under the same conditions as
prescribed by K.S.A. 8-135,
34 and amendments thereto, for the transfer of
a certificate of title, except
35 as otherwise provided in this section. A
nonhighway certificate of title
36 may be assigned and transferred only while
the vehicle remains a non-
37 highway vehicle. Upon transfer or sale of a
nonhighway vehicle which has
38 been rebuilt or restored or is otherwise in
a condition which will allow
39 the registration of such vehicle, the owner
shall assign the nonhighway
40 certificate of title to the purchaser, and
the purchaser shall obtain a cer-
41 tificate of title and register such vehicle
as provided in K.S.A. 8-135, and
42 amendments thereto. No regular certificate
of title shall be issued for a
43 vehicle for which there has been issued a
nonhighway certificate of title
HB 2618
12
1 until there has been compliance with
K.S.A. 8-116a, and amendments
2 thereto.
3 (f) The owner of a
vehicle which has been assembled, reconstructed,
4 reconstituted or restored or
otherwise placed in an operable condition
5 may make application to the county
treasurer for a permit to operate such
6 vehicle on the highways of this state
over the most direct route from the
7 place such nonhighway vehicle is
located to a specified location named
8 on the permit and to return to the
original location. No such permit shall
9 be issued for any vehicle unless the
owner has motor vehicle liability
10 insurance coverage or an approved
self-insurance plan under K.S.A. 40-
11 3104, and amendments thereto. Such permit
shall be on a form furnished
12 by the director of vehicles and shall state
the date the vehicle is to be
13 taken to the other location, the name of
the insurer, as defined in K.S.A.
14 40-3103, and amendments thereto, and the
policy number or a statement
15 that the vehicle is included in a
self-insurance plan approved by the com-
16 missioner of insurance, a statement
attesting to the correctness of the
17 information concerning financial security,
the vehicle identification num-
18 ber and a description of the vehicle. Such
permit shall be signed by the
19 owner of the vehicle. Permits issued under
this subsection (f) shall be
20 prepared in triplicate. One copy shall be
carried in the vehicle for which
21 it is issued and shall be displayed so that
it is visible from the rear of the
22 vehicle. The second copy shall be retained
by the county treasurer, and
23 the third copy shall be forwarded by the
county treasurer to the division
24 of vehicles. The fee for such permit shall
be $1 which shall be retained
25 by the county treasurer, who shall annually
forward 25% of all such fees
26 collected to the division of vehicles to
reimburse the division for admin-
27 istrative expenses, and shall deposit the
remainder in a special fund for
28 expenses of issuing such permits.
29 (g) A nonhighway vehicle for
which a nonhighway certificate of title
30 has been issued pursuant to this section
shall not be deemed a motor
31 vehicle for the purposes of K.S.A. 40-3101
to 40-3121, inclusive, and
32 amendments thereto, except when such
vehicle is being operated pur-
33 suant to subsection (f). Any person who
knowingly makes a false state-
34 ment concerning financial security in
obtaining a permit pursuant to sub-
35 section (f), or who fails to obtain a
permit when required by law to do so
36 is guilty of a class C misdemeanor.
37 (h) Any person who, on
July 1, 1996, is the owner of an all-terrain
38 vehicle, as defined in K.S.A. 8-126, and
amendments thereto, shall not be
39 required to file an application for a
nonhighway certificate of title under
40 the provisions of this section for such
all-terrain vehicle, unless the person
41 transfers an interest in such
all-terrain vehicle.
42 Sec. 8. K.S.A. 1997 Supp.
74-2013 is hereby amended to read as
43 follows: 74-2013. Upon application signed
by the owner or the owner's
HB 2618
13
1 agent and payment of a fee of $7
until July 1, 1999 2003, and $3.50
2 thereafter, and surrender of the
original title together with satisfactory
3 evidence that the lien has been paid,
the department is hereby authorized
4 to grant a reissue of a certificate
of title showing the vehicle to be clear
5 of any lien.
6 Sec. 9. K.S.A. 1997
Supp. 8-135, 8-135a, 8-139, 8-145, 8-170, 8-171,
7 8-198, 8-198a and 74-2013 are hereby
repealed.
8 Sec. 10. This act shall
take effect and be in force from and after its
9 publication in the statute book.
10