Session of 1998
                   
HOUSE BILL No. 2697
         
By Representative Beggs
         
1-23
            9             AN ACT concerning vessels; providing for certificates of title; amending
10             K.S.A. 32-1111 and K.S.A. 1997 Supp. 84-9-302 and repealing the
11             existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           New Section 1. The following words, as used in this act, shall have
15       the following meanings:
16           (a) ``Certificate of Origin'' means the document provided by the man-
17       ufacturer of a new vessel, or its distributor, which is the only valid indi-
18       cation of ownership between the manufacturer, its distributor, its fran-
19       chised new vessel dealers, and the original purchaser.
20           (b) ``Dealer'' means any person engaged wholly or in part in the busi-
21       ness of selling or offering for sale, buying or taking in trade for the pur-
22       pose of resale, exchanging, displaying, demonstrating or offering for sale
23       vessels, and who receive or expect to receive money, profit or any other
24       thing of value.
25           (c) ``Department'' means the Kansas department of revenue.
26           (d) ``Division'' means the division of vehicles of the department of
27       revenue.
28           (e) ``Documented vessel'' means a vessel documented under 46
29       U.S.C., Chapter 121.
30           (f) ``Lienholder'' means a person holding a security interest.
31           (g) ``Manufacturer'' means any person engaged in the manufacture,
32       construction, assembly of vessels or their importation into the United
33       States, for the purpose of sale or trade.
34           (h) ``Operate'' means to navigate or otherwise use a vessel.
35           (i) ``Owner'' means a person, other than a lienholder, having the prop-
36       erty in or title to a vessel. The term includes a person entitled to the use
37       or possession of a vessel subject to an interest in another person, reserved
38       or created by agreement and securing payment of performance of an
39       obligation, but the term excludes a lessee under a lease not intended as
40       security.
41           (j) ``Person'' means an individual, firm, partnership, corporation,
42       company, association, joint-stock association or governmental entity and
43       includes a trustee, receiver, assignee or similar representative of any of

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  1       them.
  2           (k) ``Personal watercraft'' means any jet-propelled vessel that is pow-
  3       ered by an inboard motor and is designed to carry one operator and no
  4       more than two passengers, riding upon the vessel and not within the
  5       vessel.
  6           (l) ``Security interest'' means an interest which is reserved or created
  7       by an agreement which secures payment or performance of an obligation
  8       and is valid against third parties generally.
  9           (m) ``State of principal operation'' means the state on whose waters
10       a vessel is used or to be used most during a calendar year.
11           (n) ``Titling authority'' means a state whose vessel titling system has
12       been certified by the coast guard as complying with the guidelines for
13       state vessel titling systems listed in 33 CFR, Part 187.
14           (o) ``Use'' means to operate, navigate or employ a vessel. A vessel is
15       in use whenever it is upon the water.
16           (p) ``Vessel'' means every description of watercraft, other than a sea-
17       plane on the water, used or capable of being used as a means of trans-
18       portation on water including personal watercraft.
19           (q) ``Waters of the state'' means any waters within the jurisdiction of
20       the state.
21           New Sec. 2. The department is hereby vested with the power and is
22       hereby charged with the duty of observing, administering and enforcing
23       the provision of this act.
24           New Sec. 3. (a) Except as provided in subsection (c), any owner of
25       a vessel principally operated on the waters of the state and required to
26       be numbered in accordance with K.S.A. 32-1110 et seq., and amendments
27       thereto, shall apply to the county treasurer of the county in which the
28       owner resides for a certificate of title for the vessel.
29           (b) A certificate of number shall not be issued or renewed to any
30       vessel required to be numbered in the state unless the division has issued
31       a certificate of title to the owner.
32           (c) A person who, on January 1, 1999, is the owner of a vessel with a
33       valid certificate of number issued in accordance with K.S.A. 32-1110 et
34       seq., and amendments thereto, is not required to file an application for a
35       certificate of title for the vessel unless such owner transfers any interest
36       in the vessel or renews the certificate of number for the vessel.
37           (d) Every application for a certificate of title shall be made by the
38       owner within 30 days after acquisition or there is a change in the vessel
39       data listed on the certificate of title. The application shall contain the
40       names and mailing addresses of all the owners, and the names and ad-
41       dresses of all persons having any liens or encumbrances upon the vessel
42       in the order of their priority. The application shall contain the signatures
43       of all owners certifying that statements made are true and correct to the

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  1       best of the applicant's knowledge, information and belief, under penalty
  2       of perjury.
  3           Every application for a certificate of title shall contain a description of
  4       the vessel to be titled, including the state identification number, if pre-
  5       viously assigned, hull identification number, length, type, principal ma-
  6       terial of construction, model year, the date of purchase, and the name
  7       and address of the person from whom the vessel was purchased. The
  8       application shall contain the date of sale and gross purchase price of the
  9       vessel, or the fair market value if no sale immediately preceded the trans-
10       fer and any additional information the division requires. If the application
11       is made for a vessel previously registered or titled in another state or
12       foreign country, it shall contain this information. The application shall be
13       on forms prescribed and furnished by the division and shall contain any
14       other information required by the division.
15           (e) If a dealer buys or acquires a used numbered vessel for resale,
16       such dealer shall report the acquisition to the division on forms the di-
17       vision provides, or such dealer may apply for and obtain a certificate of
18       title as provided in this act. If a dealer acquires a new vessel requiring
19       titling for resale, such dealer may apply for and obtain a certificate of title
20       as provided in this act.
21           Every dealer transferring a vessel requiring titling, as determined by
22       the division, shall assign the title to the new owner, or in the case of a
23       new vessel assign either the certificate or origin or, if titled, the title.
24           (f) No person may sell, assign or transfer a vessel titled by the division
25       without delivering to the purchaser or transferee a certificate of title with
26       an assignment on it showing title in the purchaser or transferee's name.
27       No person may purchase or otherwise acquire a vessel required to be
28       titled by the division without obtaining a certificate of title for it in such
29       person's name.
30           (g) Every certificate of title shall contain the current owners names;
31       the address of the principal place of residence of an individual owner,
32       and the address of the principal place of business of an owner that is not
33       an individual, including zip code; date of title issuance; vessel description,
34       including the vessel identification number as described in 33 CFR 187.05,
35       name of manufacturer or model, year built or the model year, vessel
36       length, vessel type, drive or propulsion type, vessel use, hull material and
37       fuel type; each lienholder's name and address; recording or perfection
38       date of new liens and original recording date of any liens outstanding;
39       and other items as required by the division. Space must also be provided
40       for assignment of interest in the vessel, with a certification that statements
41       provided on the title assignment are true and correct to the best of the
42       owner's knowledge, under penalty of perjury.
43           (h) The division shall retain the evidence used to establish the ac-

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  1       curacy of the information required for vessel titling purposes, and shall
  2       maintain a record of any certificate of title it issues for at least three years.
  3           New Sec. 4. (a) The county treasurer shall charge a $7 fee to issue
  4       a certificate of title, a transfer of title, a duplicate or a corrected certificate
  5       of title.
  6           (b) The county treasurer shall issue a receipt in triplicate, on blanks
  7       furnished by the division, one copy of which shall be filed in the county
  8       treasurer's office, one copy shall be delivered to the applicant and the
  9       original copy shall be forwarded to the division.
10           (c) The county treasurer shall deposit $2 out of each application for
11       a certificate of title, collected by such treasurer under this act, in a special
12       fund, which fund is hereby appropriated for the use of the county treas-
13       urer in paying for necessary help and expenses incidental to the admin-
14       istration of the duties in accordance with the provisions of this act.
15           (d) The county treasurer shall remit the remainder of all such fees
16       collected, together with the original copy of all applications to the sec-
17       retary of revenue. All such fees remitted to the secretary of revenue shall
18       be deposited with the state treasurer at least monthly and the state treas-
19       urer shall credit such fees as follows: $2 of each certificate of title fee
20       shall be credited to the state general fund; and $3 of each certificate of
21       title fee shall be credited to the boating fee fund.
22           New Sec. 5. The holder of an original title shall apply for a duplicate
23       title within 30 days after, or after the discovery of, the loss, theft, muti-
24       lation or destruction of an original certificate of title. The division shall
25       issue a duplicate certificate of title plainly marked ``duplicate'' across its
26       face upon application by the person entitled to hold such certificate if the
27       division is satisfied that the original certificate has been lost, stolen, mu-
28       tilated, destroyed or has become illegible. The applicant shall furnish
29       information concerning the original certificate and the circumstances of
30       its loss, theft, mutilation or destruction. Mutilated or illegible certificates
31       shall be returned to the division with the application for a duplicate. If a
32       duplicate certificate of title has been issued and the lost or stolen original
33       is recovered, the original shall be promptly surrendered to the division
34       for cancellation.
35           New Sec. 6. (a) No dealer shall purchase or acquire a new vessel
36       without obtaining from the seller a manufacturer's or importer's certifi-
37       cate of origin. No manufacturer, importer, dealer or other person shall
38       sell or otherwise dispose of a new vessel to a dealer for purposes of resale
39       without delivering to the dealer a manufacturer's or importer's certificate
40       of origin.
41           (b) The manufacturer's or importer's certificate of origin shall be a
42       uniform or standardized form prescribed by the division and shall contain:
43       A description of the vessel including its trade name, model year, length,

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  1       type and hull identification number; an assignment form, including the
  2       certification of date of transfer of vessel, the name and address of trans-
  3       feree; certification that the vessel is new, and a warranty that the vessel
  4       at the time of delivery is subject only to such liens and encumbrances as
  5       set forth and described in full in the assignment.
  6           New Sec. 7. Every dealer shall maintain for at least three years a
  7       record of any vessel bought, sold, exchanged or received for sale or
  8       exchange. This record shall be available for inspection by division rep-
  9       resentatives during reasonable business hours.
10           New Sec. 8. (a) Every vessel shall have a hull identification number
11       assigned and affixed. The division shall assign a hull identification number
12       to an undocumented vessel not having a hull identification number at the
13       time of numbering or applying for a certificate of title after transfer of
14       ownership or change of state of principal operation.
15           (b) A person may not destroy, remove, alter, cover or deface the man-
16       ufacturer's hull identification number, the plate bearing it or any hull
17       identification number the division assigns to any vessel, without authori-
18       zation from the division and the commandant of the United States coast
19       guard.
20           New Sec. 9. In the event of a transfer by operation of law of the title
21       or interest of an owner in a vessel titled under the provisions of this act,
22       the transferee or such transferee's legal representative shall make appli-
23       cation to the division for a certificate of title within 30 days of the transfer.
24       The application shall be accompanied by the title previously issued for
25       the vessel, if available, together with such instruments or documents of
26       authority, or certified copies thereof, satisfactory to the division as proof
27       of ownership and the required fee.
28           New Sec. 10. (a) Upon sale and delivery to the purchaser of every
29       vessel subject to a purchase money security interest as defined in K.S.A.
30       84-9-107, and amendments thereto, the dealer or secured party may com-
31       plete a notice of security interest and when so completed, the purchaser
32       shall execute the notice, in a form prescribed by the division, describing
33       the vessel and showing the name and address of the secured party and
34       of the debtor and other information the division requires. The dealer or
35       secured party, within 10 days of the sale and delivery, may mail or deliver
36       the notice of security interest, together with a fee of $2.50, to the division.
37       The notice of security interest shall be retained by the division until it
38       receives an application for a certificate of title to the vessel and a certif-
39       icate of title is issued. The certificate of title shall indicate any security
40       interest in the vessel. Upon issuance of the certificate of title, the division
41       shall mail or deliver confirmation of the receipt of the notice of security
42       interest, the date the certificate of title is issued and the security interest
43       indicated, to the secured party at the address shown on the notice of

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  1       security interest. The proper completion and timely mailing or delivery
  2       of a notice of security interest by a dealer or secured party shall perfect
  3       a security interest in the vessel described on the date of such mailing or
  4       delivery. The county treasurers shall mail a copy of the title application
  5       to the Kansas lienholder. Each county treasurer shall charge the Kansas
  6       lienholder a $1.50 service fee for processing and mailing a copy of the
  7       title application to the Kansas lienholder.
  8           (b) It shall be unlawful for any person to operate in this state a vessel
  9       required to be titled under this act, or to transfer the title to any such
10       vessel to any person or dealer, unless a certificate of title has been issued
11       as herein provided. In the event of a sale or transfer of ownership of a
12       vessel for which a certificate of title has been issued, which certificate of
13       title is in the possession of the transferor at the time of delivery of the
14       vessel, the holder of such certificate of title shall endorse on the same an
15       assignment thereof, with warranty of title in a form prescribed by the
16       division and printed thereon and the transferor shall deliver the same to
17       the buyer at the time of delivery to the buyer of the vessel or at a time
18       agreed upon by the parties, not to exceed 30 days, inclusive of weekends
19       and holidays, after the time of delivery. The agreement of the parties shall
20       be executed on a form provided by the division. The requirements of this
21       paragraph concerning delivery of an assigned title are satisfied if the trans-
22       feror mails to the transferee by restricted mail the assigned certificate of
23       title within the 30 days, and if the transferor is a dealer, such transferor
24       shall be deemed to have possession of the certificate of title if the trans-
25       feror has made application therefor to the division. The buyer shall then
26       present such assigned certificate of title to the division at the time of
27       making application for registration of such vessel. A new certificate of
28       title shall be issued to the buyer, upon payment of the fee required in
29       section 4. If such vessel is sold to a resident of another state or country,
30       the dealer or person making the sale shall notify the division of the sale
31       and the division shall make notation thereof in the records of the division.
32       When a person acquires a security agreement on a vessel subsequent to
33       the issuance of the original title on such vessel, such person shall require
34       the holder of the certificate of title to surrender the same and sign an
35       application for a mortgage title in form prescribed by the division. Upon
36       such surrender such person shall immediately deliver the certificate of
37       title, application, and the fee required in section 4 to the division. Upon
38       receipt thereof, the division shall issue a new certificate of title showing
39       the liens or encumbrances so created, but not more than two liens or
40       encumbrances may be shown upon a title. When a prior lienholder's name
41       is removed from the title, there must be satisfactory evidence presented
42       to the division that the lien or encumbrance has been paid. When the
43       indebtedness to a lienholder, whose name is shown upon a title, is paid

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  1       in full, such lienholder within 10 days after written demand by restricted
  2       mail, shall furnish to the holder of the title a release of lien or execute
  3       such a release in the space provided on the title. For failure to comply
  4       with such a demand the lienholder shall be liable to the holder of the
  5       title for $100 and also shall be liable for any loss caused to the holder by
  6       such failure. When the indebtedness to a lienholder, whose name is
  7       shown upon a title, is collected in full, such lienholder, within 30 days,
  8       shall furnish notice to the holder of title that such indebtedness has been
  9       paid in full and that such title may be presented to the lienholder at any
10       time for release of lien.
11           (c) It shall be unlawful for any person to buy or sell in this state any
12       vessel required to be titled, unless, at the time of delivery thereof or at a
13       time agreed upon by the parties, not to exceed 30 days, inclusive of week-
14       ends and holidays, after the time of delivery, there shall pass between the
15       parties a certificate of title with an assignment thereof. The sale of a vessel
16       required to be titled under this act, without assignment of the certificate
17       of title, is fraudulent and void, unless the parties shall agree that the
18       certificate of title with assignment thereof shall pass between them at a
19       time other than the time of delivery, but within 30 days thereof. The
20       requirements of this paragraph concerning delivery of an assigned title
21       shall be satisfied if: (1) The seller mails to the purchaser by restricted
22       mail the assigned certificate of title within 30 days; or (2) if the transferor
23       is a dealer, such seller shall be deemed to have possession of the certifi-
24       cate of title if such seller has made application therefor to the division;
25       or (3) if the transferor is a dealer and has assigned a title pursuant to
26       subsection (c) of section 3.
27           (d) In cases of sales under the order of a court a vessel required to
28       be titled under this act, the officer conducting such sale shall issue to the
29       purchaser a certificate naming the purchaser and reciting the facts of the
30       sale, which certificate shall be prima facie evidence of the ownership of
31       such purchaser for the purpose of obtaining a certificate of title to such
32       vessel and for titling the same. Any such purchaser shall be allowed 30
33       days, inclusive of weekends and holidays, from the date of sale to make
34       application to the division for a certificate of title for such vessel.
35           New Sec. 11. Issuance of a certificate of number under provisions of
36       K.S.A. 32-1110 et seq., and amendments thereto, shall be prima facie
37       evidence of ownership of a vessel and entitled to a certificate of title, but
38       such certificate of number and certificate of title shall be subject to re-
39       buttal.
40           New Sec. 12. The secretary of the department of revenue may adopt
41       such rules and regulations necessary to carry out the provisions of this
42       act.
43           New Sec. 13. The division shall prescribe and provide suitable forms

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  1       of applications, certificates of title, notices of security interests and all
  2       other notices and forms necessary to carry out this act.
  3           New Sec. 14. Any violation of sections 1 through 13 shall constitute
  4       a class A misdemeanor.
  5           Sec. 15. K.S.A. 32-1111 is hereby amended to read as follows: 32-
  6       1111. (a) The owner of each vessel requiring numbering by this state shall
  7       file an application for number with the secretary on forms approved by
  8       the secretary. The application shall be signed by the owner of the vessel
  9       and shall be accompanied by: (1) The vessel registration fee prescribed
10       pursuant to K.S.A. 32-1172, and amendments thereto and by; (2) proof
11       of payment of any tax imposed under the provisions of K.S.A. 12-187, 12-
12       198, the Kansas retailers' sales tax act or the Kansas compensating tax act,
13       and amendments thereto, as the case requires, upon forms devised and
14       furnished by the department of revenue to every county treasurer for
15       such purpose; and (3) proof that a certificate of title has been issued for
16       such vessel in accordance with sections 1 through 14 of this act. Upon
17       receipt of the application in approved form and proof of payment of sales
18       or compensating tax and issuance of a certificate of title, the secretary
19       shall enter the same upon the records of the department and issue to the
20       applicant a certificate of number stating the number awarded to the vessel
21       and the name and address of the owner. Unless otherwise provided by
22       rules and regulations, the owner shall paint on or attach to each side of
23       the bow of the vessel the identification number in such manner as pre-
24       scribed by rules and regulations of the secretary in order that it may be
25       clearly visible. The number shall be maintained in legible condition. The
26       certificate of number shall be pocket size and, unless otherwise provided
27       by rules and regulations, shall be available at all times for inspection on
28       the vessel for which issued, whenever such vessel is in operation. No
29       person charged with a violation of the preceding sentence shall be con-
30       victed of such offense if such person produces in court or the office of
31       the arresting officer a certificate of number issued and valid at the time
32       of such person's arrest.
33           (b) The owner of any vessel already covered by a number in full force
34       and effect which has been awarded to it pursuant to the then operative
35       federal law or a federally approved numbering system of another state
36       shall record the number prior to operating the vessel on the waters of
37       this state in excess of the 60-day reciprocity period provided for in sub-
38       section (1) of K.S.A. 32-1113, and amendments thereto. Such recordation
39       shall be in the manner and pursuant to the procedure required for the
40       award of a number under this subsection, including the submission of
41       proof of payment of sales or compensating tax, except that no additional
42       or substitute number shall be issued.
43           (c) Should the ownership of a numbered vessel change, a new appli-

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  1       cation form with fee and proof of payment of sales or compensating tax
  2       shall be filed with the secretary and a new certificate of number shall be
  3       awarded in the same manner as provided for in an original award of
  4       number, except that where the state of principal use remains unchanged
  5       the number may be identical with the previous one.
  6           (d) If an agency of the United States government has in force an
  7       overall system of identification numbering for vessels within the United
  8       States, the numbering system employed pursuant to this act by the sec-
  9       retary shall be in conformity therewith.
10           (e) The secretary may award any certificate of number directly or
11       may authorize any person to act as agent for the awarding thereof. If a
12       person accepts such authorization, such person may be assigned a block
13       of numbers and certificates therefor which upon award, in conformity
14       with this act and with any rules and regulations of the secretary, shall be
15       valid as if awarded directly by the secretary.
16           (f) All records of the secretary made or kept pursuant to this section
17       shall be public records.
18           (g) Every certificate of number awarded pursuant to this act shall
19       continue in full force and effect for a period of three years unless sooner
20       terminated or discontinued in accordance with the provisions of this act.
21       Certificates of number may be renewed by the owner in the same manner
22       provided for in the initial securing of the number.
23           (h) The secretary shall fix a day and month of the year on which
24       certificates of number due to expire during the calendar year shall lapse
25       and no longer be of any force and effect unless renewed pursuant to this
26       act.
27           (i) The owner shall furnish the secretary notice of the transfer of all
28       or any part of such owner's interest other than the creation of a security
29       interest in a vessel numbered in this state pursuant to subsections (a) and
30       (b) or of the destruction or abandonment of such vessel within 15 days
31       thereof. Such transfer, destruction, or abandonment shall terminate the
32       certificate of number for such vessel and the certificate of number shall
33       be surrendered to the secretary as a part of the notification of transfer,
34       destruction, or abandonment except, that in the case of a transfer of a
35       part interest which does not affect the owner's right to operate such ves-
36       sel, such transfer shall not terminate the certificate of number.
37           (j) Any holder of a certificate of number shall notify the secretary
38       within 15 days if the holder's address no longer conforms to the address
39       appearing on the certificate and shall, as a part of such notification, furnish
40       the secretary with a new address. The secretary may provide by rules and
41       regulations for the surrender of the certificate bearing the former address
42       and its replacement with a certificate bearing the new address or for the
43       alteration of an outstanding certificate to show the new address of the

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  1       holder.
  2           (k) No number other than the number awarded to a vessel or granted
  3       reciprocity pursuant to this act shall be painted, attached, or otherwise
  4       displayed on either side of the bow of such vessel.
  5           (l) If a certificate of number becomes lost, destroyed, mutilated or
  6       illegible, the owner of the vessel for which the same was issued may obtain
  7       a duplicate of such certificate upon application therefor to the secretary.
  8       The application shall be in writing, shall describe the circumstances of
  9       the loss or destruction and shall be accompanied by the duplicate fee
10       prescribed pursuant to K.S.A. 32-1172, and amendments thereto.
11           (m) The secretary is authorized, in the secretary's discretion, to pro-
12       vide and have issued for vessels requiring registration and numbering
13       under this act, a 30-day temporary registration permit for the temporary
14       vessel registration fee prescribed pursuant to K.S.A. 32-1172, and amend-
15       ments thereto.
16           Such permits shall be in the form as prescribed by the secretary and
17       available for purchase or resale by any person designated by the secretary.
18       In addition to the permit fee, any person selling such temporary permits
19       may collect a service charge of not to exceed $.50 for each permit issued.
20           Such temporary permit shall expire 30 days from the date of issuance.
21           (n) The secretary shall adopt, in accordance with K.S.A. 32-805 and
22       amendments thereto, rules and regulations for the administration of the
23       provisions of this section, including but not limited to numbering appli-
24       cations, certificates of number, temporary 30-day permits, display of num-
25       ber and reports on change of address, destruction and sale or transfer of
26       ownership.
27           Sec. 16. K.S.A. 1997 Supp. 84-9-302 is hereby amended to read as
28       follows: 84-9-302. (1) A financing statement must be filed to perfect all
29       security interests except the following:
30           (a) A security interest in collateral in possession of the secured party
31       under K.S.A. 84-9-305, and amendments thereto;
32           (b) a security interest temporarily perfected in instruments, certifi-
33       cated securities or documents without delivery under K.S.A. 84-9-304,
34       and amendments thereto or in proceeds for a ten-day period under K.S.A.
35       84-9-306, and amendments thereto;
36           (c) a security interest created by an assignment of a beneficial interest
37       in a trust or a decedent's estate;
38           (d) a purchase money security interest in a consumer good with a
39       purchase price of $3,000 or less, other than a vehicle or vessel, as defined
40       in section 1 of this act in which a security interest is subject to perfection
41       under subsection (3), but filing is required to perfect a security interest
42       in a vessel as defined in K.S.A. 82a-802, and amendments thereto, and a
43       fixture filing is required for priority over conflicting security interests in

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  1       a fixture as provided in K.S.A. 84-9-313, and amendments thereto;
  2           (e) an assignment of accounts which does not alone or in conjunction
  3       with other assignments to the same assignee transfer a significant part of
  4       the outstanding accounts of the assignor;
  5           (f) a security interest of a collecting bank (K.S.A. 84-4-208 and
  6       amendments thereto) or arising under the article on sales (see K.S.A. 84-
  7       9-113 and amendments thereto) or covered in subsection (3);
  8           (g) an assignment for the benefits of all creditors of the transferor
  9       and subsequent transfers by the assignee thereunder;
10           (h) a security interest in investment property which is perfected with-
11       out filing under K.S.A. 84-9-115 or 84-9-116.
12           (2) If a secured party assigns a perfected security interest, no filing
13       under this article is required in order to continue the perfected status of
14       the security interest against creditors of and transferees from the original
15       debtor.
16           (3) A security interest in:
17           (a) Property subject to a statute of the United States which provides
18       for national registration or filing of such security interests in such prop-
19       erty; or
20           (b) property subject to a statute of this state which provides for cen-
21       tral filing of such property; or
22           (c) a vehicle or vessel (except a vehicle or vessel held as inventory for
23       sale), subject to a statute of this state which requires indication on a
24       certificate of title or a duplicate thereof of such security interests in such
25       vehicle or vessel; or
26           (d) a manufactured home or a mobile home (except a manufactured
27       home or mobile home held as inventory for sale), subject to a statute of
28       this state which requires indication on a certificate of title or a duplicate
29       thereof of such security interest in such manufactured home or mobile
30       home:
31           Can be perfected only by presentation, for the purpose of such regis-
32       tration or such filing or such indication, of the documents appropriate
33       under any such statute to the public official appropriate under any such
34       statute and tender of the required fee to or acceptance of the documents
35       by such public official, or by the mailing or delivery by a dealer or secured
36       party to the appropriate state agency of a notice of security interest as
37       prescribed by K.S.A. 8-135, and amendments thereto and as prescribed
38       by section 10 of this act. Such presentation and tender or acceptance, or
39       mailing or delivery, shall have the same effect under this article as filing
40       under this article, and such perfection shall have the same effect under
41       this article as perfection by filing under this article.
42           Sec. 17. K.S.A. 32-1111 and K.S.A. 1997 Supp. 84-9-302 are hereby
43       repealed.

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  1           Sec. 18. This act shall take effect and be in force from and after
  2       January 1, 1999, and its publication in the statute book.
  3