[As Amended by House Committee of the
Whole]
As Amended by House Committee
Session of 2000
HOUSE BILL No. 2561
By Committee on Federal and State Affairs
3-17
11 AN ACT relating
to motor vehicles; concerning certificates of title;
12 amending K.S.A.
1998 8-199 and K.S.A. 1999 Supp. 8-197 and
8-
13 198 and repealing the
existing sections; also repealing K.S.A. 8-1,136.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 New Section
1. (a) The provisions of sections 1 through 6, and
17 amendments thereto, shall be a part of and
supplemental to the provisions
18 of article 1 of chapter 8 of the Kansas
Statutes Annotated, and as used in
19 such sections, the words and phrases
defined by K.S.A. 8-126, and amend-
20 ments thereto, shall have the meanings
respectively ascribed to them
21 therein.
22 (b) As used in
sections 1 through 6, and amendments thereto:
23 (1) ``Salvage
vehicle'' means: (A) Any late model motor vehicle which
24 has been damaged, destroyed, wrecked,
burned or submerged in water
25 to the extent that the total estimated or
actual cost of parts and labor to
26 rebuild or reconstruct the vehicle to its
preaccident condition and for
27 legal operation on the roads or highways
exceeds 65% 75% of the retail
28 value of such motor vehicle prior to such
damage, as set forth in a current
29 edition of any nationally recognized
compilation, including automated
30 data bases, of retail values, as approved
by the division. The value of repair
31 parts for purposes of this paragraph shall
be determined by using the
32 current published retail cost of the
original equipment manufacturer parts
33 or the actual retail cost of the repair
parts to be used in the repair. The
34 labor cost of repairs for purposes of this
subsection shall be computed by
35 using the hourly labor rate and time
allocations that are reasonable and
36 customary in the automobile repair industry
in the community where the
37 repairs are performed; or
38 (B) any motor
vehicle, without regard to whether such vehicle meets
39 the preceding 65%
75% threshold which:
40 (i) An
insurance company acquires ownership pursuant to a
damage
41 settlement, not including a
settlement in connection with a recovered
42 theft vehicle, unless such motor
vehicle sustained sufficient damage to
2
1 meet the 65% threshold;
or
2
(ii) the vehicle owner designates as a
salvage vehicle by obtaining a
3 salvage title, without regard to the
extent of the motor vehicle's damage
4 and repairs;
5
(2) ``salvage title'' means a certificate of title issued by
the division
6 designating a motor vehicle a salvage
vehicle;
7
(3) ``rebuilt salvage vehicle'' means any motor vehicle
previously is-
8 sued a salvage title, which has
complied with the provisions of K.S.A. 8-
9 116a, and amendments thereto;
10 (4) ``rebuilt
salvage title'' means a certificate of title issued by the
11 division for a vehicle previously
designated a salvage vehicle which has
12 complied with the provisions of K.S.A.
8-116a, and amendments thereto,
13 and is now designated a rebuilt salvage
vehicle;
14
(5) ``nonrepairable vehicle'' means any motor vehicle which:
(A) Has
15 been damaged, destroyed, wrecked,
burned or submerged in water to the
16 extent that the total estimated or
actual cost of parts and labor to rebuild
17 or reconstruct the vehicle to its
preaccident condition and for legal op-
18 eration on the roads or highways
exceeds 85% of the retail value of such
19 motor vehicle prior to such damage,
as set forth in a current edition of
20 any nationally recognized
compilation, including automated data bases,
21 of retail values, as approved by
the division and is Is [Has
been dam-
22 aged, destroyed, wrecked, burned or
submerged in water to the
23 extent that such motor vehicle is]
incapable of safe operation for use
24 on roads or highways and has no resale
value except as a source of parts
25 or scrap only; or (B) the owner
irreversibly designates as a source of parts
26 or scrap. The value of repair parts
for purposes of this paragraph shall be
27 determined by using the current
published retail cost of the original
28 equipment manufacturer parts or the
actual retail cost of the repair parts
29 to be used in the repair. The labor
cost of repairs for purposes of this
30 subsection shall be computed by
using the hourly labor rate and time
31 allocations that are reasonable and
customary in the automobile repair
32 industry in the community where the
repairs are performed; and;
33
(6) ``nonrepairable vehicle certificate'' means a motor
vehicle own-
34 ership document issued by the division
designating that vehicle a non-
35 repairable vehicle.;
and
36 (7) ``late
model motor vehicle'' means a motor vehicle which
37 has a manufacturer's model year
designation of or later than the
38 year in which the vehicle was damaged,
destroyed, wrecked,
39 burned or submerged in water or any of
the six preceding years.
40 New Sec.
2. (a) Unless an insurance company has made a
damage
41 settlement arising out of damage
sustained to a salvage vehicle or a non-
42 repairable vehicle, the vehicle
owner Except as otherwise provided by
43 this section, the owner of a vehicle
that meets the definition of a
3
1 salvage vehicle or nonrepairable
vehicle shall apply to the division
2 for a salvage title or nonrepairable
vehicle certificate, whichever is appli-
3 cable, before the motor vehicle is
repaired or the ownership of the motor
4 vehicle is transferred. In no event
shall such application be made more
5 than 30 days after the vehicle is
damaged.
6 (b) Every
insurance company, which pursuant to a damage settle-
7 ment, acquires ownership of a vehicle
that has incurred damage requiring
8 the vehicle to be designated a
salvage vehicle or nonrepairable vehicle,
9 shall apply to the division for a
salvage title or nonrepairable vehicle cer-
10 tificate within 15
30 days after the title is assigned and delivered by the
11 owner to the insurance company, with all
liens released.
12 (c) Every
insurance company which makes a damage settlement for
13 a vehicle that has incurred damage
requiring such vehicle to be desig-
14 nated a salvage vehicle or nonrepairable
vehicle, but does not acquire
15 ownership of the vehicle, shall notify the
vehicle owner of the owner's
16 obligation to apply to the department for a
salvage title or nonrepairable
17 vehicle certificate for the motor vehicle,
and shall notify the division of
18 this fact in accordance with procedures
established by the division. The
19 vehicle owner shall apply to the
division for a salvage title or non-
20 repairable vehicle certificate within 30
days after being notified
21 by the insurance company.
22 (d) The lessee of
any vehicle which incurs damage requiring the ve-
23 hicle to be designated a salvage vehicle or
nonrepairable vehicle shall
24 notify the lessor of this fact within 30
days of the damage.
25 (e) The lessor of
any motor vehicle which has incurred damage re-
26 quiring the vehicle to be titled as a
salvage vehicle or nonrepairable ve-
27 hicle, shall apply to the division for a
salvage title or nonrepairable vehicle
28 certificate within 30 days after being
notified of this fact by the lessee.
29 (f) Every person
acquiring ownership of a motor vehicle that meets
30 the definition of a salvage vehicle or
nonrepairable vehicle, for which a
31 salvage title or nonrepairable vehicle
certificate has not been issued, shall
32 apply to the division for the required
document prior to any further trans-
33 fer of such vehicle, but in no event, more
than 30 days after ownership
34 is acquired.
35 (g) Failure to
apply for a salvage title or nonrepairable vehicle
36 certificate as provided by this section
shall be a class C nonperson
37 misdemeanor.
38 New Sec.
3. (a) Upon notification of a vehicle's designation as a
sal-
39 vage vehicle or nonrepairable vehicle, the
division shall issue a salvage
40 title or nonrepairable vehicle
certificate.
41 (b) Each salvage
vehicle title issued by the division shall, in addition
42 to complying with requirements of K.S.A.
8-135, and amendments
43 thereto, be conspicuously labeled with this
designation on the face of the
4
1 title.
2 (c) Each
nonrepairable vehicle certificate shall contain the same iden-
3 tifying information and comply with
format, size and security require-
4 ments applicable to certificates of
title under K.S.A. 8-135, and amend-
5 ments thereto, and shall be
conspicuously labeled with this designation
6 on the face of the certificate.
7 (d) The
designation of a motor vehicle's status shall be conspicuously
8 labeled on the face of any subsequent
title, including any duplicate title,
9 issued by the division for the
vehicle.
10 (e) Each
application for a salvage vehicle title or nonrepairable ve-
11 hicle certificate shall be accompanied by
the fee required for an original
12 certificate of title under K.S.A. 8-135,
and amendments thereto, and if
13 the application is not made to the county
treasurer within the time pre-
14 scribed by section 2, an additional fee of
$2.
15 New Sec.
4. (a) No motor vehicle for which a salvage title has been
16 issued shall be registered by the division
for use on the roads or highways
17 of this state unless it has been issued a
rebuilt salvage title.
18 (b) The ownership
of a salvage vehicle shall only be transferred
19 through the use of a salvage title.
20 (c) No salvage
vehicle shall be issued a rebuilt salvage title unless the
21 salvage vehicle has been repaired or
rebuilt and complied with the pro-
22 visions of K.S.A. 8-116a, and amendments
thereto.
23 (d) The owner of
a rebuilt salvage vehicle may make application to
24 the county treasurer for a permit to
operate such vehicle on the highways
25 of this state over the most direct route
from the place such rebuilt salvage
26 vehicle is located to a specified location
named on the permit and to
27 return to the original location. No such
permit shall be issued for any
28 vehicle unless the owner has motor vehicle
liability insurance coverage
29 or an approved self-insurance plan under
K.S.A. 40-3104, and amend-
30 ments thereto. Such permit shall be on a
form furnished by the director
31 of vehicles and shall state the date the
vehicle is to be taken to the other
32 location, the name of the insurer, as
defined in K.S.A. 40-3103, and
33 amendments thereto, and the policy number
or a statement that the ve-
34 hicle is included in a self-insurance plan
approved by the commissioner
35 of insurance, a statement attesting to the
correctness of the information
36 concerning financial security, the vehicle
identification number and a de-
37 scription of the vehicle. Such permit shall
be signed by the owner of the
38 vehicle. The permit shall be carried in the
vehicle for which it is issued
39 and shall be displayed so that it is
visible from the rear of the vehicle. A
40 copy of the permit shall be retained by the
county treasurer. The fee for
41 such permit shall be $1 which shall be
retained by the county treasurer.
42 New Sec.
5. (a) No motor vehicle for which a nonrepairable vehicle
43 certificate has been issued shall be titled
or registered by the division for
5
1 use on the roads or highways of this
state.
2
(b) Ownership of the motor vehicle for which a nonrepairable
vehicle
3 certificate has been issued may only
be transferred once.
4 (c) Any
motor vehicle transferred through the use of a nonrepairable
5 vehicle certificate shall be
dismantled, disassembled or recycled and may
6 not be sold as a unit at retail.
Such unit may be sold as a unit by a salvage
7 vehicle dealer, as defined in
K.S.A. 8-2401, and amendments thereto, to
8 a scrap processor for
recycling after the salvageable parts have been re-
9 moved by such salvage vehicle
dealer.
10 The salvage
vehicle dealer When the nonrepairable vehicle
has
11 been dismantled, disassembled or
recycled the owner shall surren-
12 der the nonrepairable vehicle certificate
to the division with the word
13 recycled written or stamped across its face
and no certificate of title of
14 any type shall be issued nor any
registration allowed again for such
15 vehicle.
16 (d) A
nonrepairable vehicle certificate may be used to transfer own-
17 ership of a motor vehicle 10 or more model
years of age, in accordance
18 with this section, when the owner does not
have a certificate of title in
19 the owner's possession.
20 New Sec.
6. (a) The division shall not issue a rebuilt salvage title
for
21 a motor vehicle with a salvage title unless
the vehicle has complied with
22 the provisions of K.S.A. 8-116a, and
amendments thereto. A motor ve-
23 hicle for which a rebuilt salvage title has
been issued may be registered
24 for use on the roads and highways of this
state.
25 (b) Upon
satisfaction of the requirements in subsection (a), the di-
26 vision shall issue a rebuilt salvage title,
and shall maintain this designation
27 as a permanent part of the vehicle's
record.
28 (c) Each rebuilt
salvage title issued by the division shall, in addition
29 to complying with requirements of K.S.A.
8-135, and amendments
30 thereto, be conspicuously labeled with the
designation ``rebuilt salvage
31 vehicle'' on the face of the title.
32 (d) Ownership of
a rebuilt salvage vehicle shall only be conveyed
33 through the use of a rebuilt salvage
title.
34 (e) Each
application for a rebuilt salvage title shall be accompanied
35 by the fee required for an original
certificate of title under K.S.A. 8-135,
36 and amendments thereto.
37 New Sec.
7. The secretary of the department of revenue may adopt
38 rules and regulations as the secretary
deems necessary to carry out the
39 provisions of sections 1 through 6, and
amendments thereto.
40 Sec.
8. K.S.A. 1998 1999 Supp. 8-197 is
hereby amended to read as
41 follows: 8-197. (a) The provisions of
K.S.A. 8-197 to 8-199, inclusive, and
42 amendments thereto, shall be a part of and
supplemental to the provisions
43 of article 1 of chapter 8 of the Kansas
Statutes Annotated, and as used in
6
1 such sections, the words and phrases
defined by K.S.A. 8-126, and amend-
2 ments thereto, shall have the
meanings respectively ascribed to them
3 therein.
4 (b) As used
in this act, the term ``nonhighway vehicle'' means:
5 (1) Any
motor vehicle which is of a type required to be registered
in
6 this state, but
which cannot be registered because it is not
manufactured
7 for the purpose of using the same on
the highways of this state and is not
8 provided with the equipment required
by state statute for vehicles of such
9 type which are used on the highways
of this state;
10 (2) any motor
vehicle which is of a type required to be registered
in
11 this state, but which cannot be
registered because it has been wrecked
12 or damaged to the extent that: the
equipment required by state statute
13 on any such vehicle used on the
highways of this state is not present or
14 is not in good condition or proper
adjustment, as prescribed by state
15 statute or any rules and
regulations adopted pursuant thereto, or such
16 vehicle is in an inoperable
condition or a condition that would render the
17 operation thereof on the highways
of this state a hazard to the public
18 safety; and in either event, such
vehicle either will be destroyed, disman-
19 tled or sold as junk or substantial
repairs will be required to rebuild or
20 restore such vehicle to a condition
which will permit the registration
21 thereof the owner has
not provided motor vehicle liability insur-
22 ance coverage or an approved self
insurance plan under K.S.A. 40-
23 3104, and amendments thereto, and has
not applied for or ob-
24 tained registration of such motor
vehicle in accordance with article
25 1 of chapter 8 of the Kansas Statutes
Annotated; or
26 (3) any
all-terrain vehicle.
27 (4) The term
``nonhighway vehicle'' shall not include any motor
28 vehicle which is defined under the
provisions of section 2, and
29 amendments thereto.
30 Sec.
9. K.S.A. 1998 Supp. 8-198 is hereby amended to read as
fol-
31 lows: 8-198. (a) A nonhighway
vehicle shall not be required to be regis-
32 tered in this state, as provided in
K.S.A. 8-135, and amendments thereto,
33 but nothing in this section shall
be construed as abrogating, limiting or
34 otherwise affecting the provisions
of K.S.A. 8-142, and amendments
35 thereto, which make it unlawful for
any person to operate or knowingly
36 permit the operation in this state
of a vehicle required to be registered
37 in this state.
38 (b) Upon
the sale or transfer of any nonhighway vehicle, the
pur-
39 chaser thereof shall obtain a
nonhighway certificate of title in the follow-
40 ing manner:
41 (1) If
the transferor is a vehicle dealer, as defined in K.S.A.
8-2401,
42 and amendments thereto, and a
certificate of title has not been issued for
43 such vehicle under this section or
under the provisions of K.S.A. 8-135,
7
1 and amendments thereto, such
transferor shall make application for and
2 assign a nonhighway
certificate of title to the purchaser of such nonhigh-
3 way vehicle in the same
manner and under the same conditions pre-
4 scribed by K.S.A. 8-135, and
amendments thereto, for the application for
5 and assignment of a
certificate of title thereunder. Upon the assignment
6 thereof, the purchaser shall
make application for a new nonhighway cer-
7 tificate of title, as
provided in subsection (c).
8
(2) Except as provided in subsection (b) of K.S.A. 8-199, and
amend-
9 ments thereto, if a
certificate of title has been issued for any such
vehicle
10 under the provisions of K.S.A.
8-135, and amendments thereto, the owner
11 of such nonhighway vehicle may
surrender such certificate of title to the
12 division of vehicles and make
application to the division for a nonhighway
13 certificate of title, or the owner
may obtain from the county treasurer's
14 office a form prescribed by the
division of vehicles and, upon proper
15 execution thereof, may assign the
nonhighway certificate of title or the
16 regular certificate of title with
such form attached to the purchaser of the
17 nonhighway vehicle. Upon receipt of
the nonhighway certificate of title
18 or the regular certificate of title
with such form attached, the purchaser
19 shall make application for a new
nonhighway certificate of title as pro-
20 vided in subsection
(c).
21 (3) If
the transferor is not a vehicle dealer, as defined in K.S.A.
8-
22 2401, and amendments thereto, and a
certificate of title has not been
23 issued for the vehicle under this
section or a certificate of title was not
24 required under K.S.A. 8-135, and
amendments thereto, the transferor
25 shall make application to the
division for a nonhighway certificate of title
26 as provided in this section, except
that in addition thereto, the division
27 shall require a bill of sale or
such transferor's affidavit, with at least one
28 other corroborating affidavit, that
such transferor is the owner of such
29 nonhighway vehicle. If the division
is satisfied that the transferor is the
30 owner, the division shall issue a
nonhighway certificate of title for such
31 vehicle, and the transferor shall
assign the same to the purchaser, who
32 shall make application for a new
nonhighway certificate of title, as pro-
33 vided in subsection
(c).
34 (c) Every
purchaser of a nonhighway vehicle, whether assigned a
non-
35 highway certificate of title or a
regular certificate of title with the form
36 specified in paragraph (2) of
subsection (b) attached, shall make appli-
37 cation to the county treasurer of
the county in which such person resides
38 for a new nonhighway certificate of
title in the same manner and under
39 the same conditions as for an
application for a certificate of title under
40 K.S.A. 8-135, and amendments
thereto. Such application shall be in the
41 form prescribed by the director of
vehicles and shall contain substantially
42 the same provisions as required for
an application under subsection (c)(1)
43 of K.S.A. 8-135, and amendments
thereto. In addition, such application
8
1 shall provide a place for the
applicant to certify that the vehicle for which
2 the application for a
nonhighway certificate of title is made is a nonhigh-
3 way vehicle, and other
provisions the director deems necessary. Each
4 application for a nonhighway
certificate of title shall be accompanied by
5 a fee of $7 until July 1,
1999, and $3.50 thereafter, and if the application
6 is not made to the county
treasurer within the time prescribed by K.S.A.
7 8-135, and amendments
thereto, for making application for a certificate
8 of title thereunder, an
additional fee of $2.
9
(d) A nonhighway certificate of title shall be in form and
color as
10 prescribed by the director of
vehicles. A nonhighway certificate of title
11 shall indicate clearly and
distinctly on its face that it is issued for a non-
12 highway vehicle. A nonhighway
certificate of title shall contain substan-
13 tially the same information as
required on a certificate of title issued
14 under K.S.A. 8-135, and amendments
thereto, and other information the
15 director deems
necessary.
16 (e) A
nonhighway certificate of title may be transferred in the
same
17 manner and under the same
conditions as prescribed by K.S.A. 8-135,
18 and amendments thereto, for the
transfer of a certificate of title, except
19 as otherwise provided in this
section. A nonhighway certificate of title
20 may be assigned and transferred
only while the vehicle remains a non-
21 highway vehicle. Upon transfer or
sale of a nonhighway vehicle which has
22 been rebuilt or restored or is
otherwise in a condition which will allow
23 the registration of such vehicle,
the owner shall assign the nonhighway
24 certificate of title to the
purchaser, and the purchaser shall obtain a cer-
25 tificate of title and register such
vehicle as provided in K.S.A. 8-135, and
26 amendments thereto. No regular
certificate of title shall be issued for a
27 vehicle for which there has been
issued a nonhighway certificate of title
28 until there has been compliance
with K.S.A. 8-116a, and amendments
29 thereto.
30
(f) The owner of a vehicle which has been assembled,
reconstructed,
31 reconstituted or restored or
otherwise placed in an operable condition
32 may make application to the county
treasurer for a permit to operate such
33 vehicle on the highways of this
state over the most direct route from the
34 place such nonhighway vehicle is
located to a specified location named
35 on the permit and to return to the
original location. No such permit shall
36 be issued for any vehicle unless
the owner has motor vehicle liability
37 insurance coverage or an approved
self-insurance plan under K.S.A. 40-
38 3104, and amendments thereto. Such
permit shall be on a form furnished
39 by the director of vehicles and
shall state the date the vehicle is to be
40 taken to the other location, the
name of the insurer, as defined in K.S.A.
41 40-3103, and amendments thereto,
and the policy number or a statement
42 that the vehicle is included in a
self-insurance plan approved by the com-
43 missioner of insurance, a statement
attesting to the correctness of the
9
1 information concerning
financial security, the vehicle identification num-
2 ber and a description of the
vehicle. Such permit shall be signed by the
3 owner of the vehicle. Permits
issued under this subsection (f) shall be
4 prepared in triplicate. One
copy shall be carried in the vehicle for which
5 it is issued and shall be
displayed so that it is visible from the rear of the
6 vehicle. The second copy
shall be retained by the county treasurer, and
7 the third copy shall be
forwarded by the county treasurer to the division
8 of vehicles. The fee for such
permit shall be $1 which shall be retained
9 by the county treasurer, who
shall annually forward 25% of all such fees
10 collected to the division of
vehicles to reimburse the division for admin-
11 istrative expenses, and shall
deposit the remainder in a special fund for
12 expenses of issuing such
permits.
13 (g)
(f) A nonhighway vehicle for
which a nonhighway certificate of
14 title has been issued pursuant to
this section shall not be deemed a motor
15 vehicle for the purposes of K.S.A.
40-3101 to 40-3121, inclusive, and
16 amendments thereto, except when
such vehicle is being operated pur-
17 suant to subsection (f). Any person
who knowingly makes a false state-
18 ment concerning financial security
in obtaining a permit pursuant to sub-
19 section (f), or who fails to obtain
a permit when required by law to do so
20 is guilty of a class C
misdemeanor.
21 (h)
(g) Any person who, on July 1,
1996, is the owner of an all-terrain
22 vehicle, as defined in K.S.A.
8-126, and amendments thereto, shall not
23 be required to file an application
for a nonhighway certificate of title
24 under the provisions of this
section for such all-terrain vehicle, unless the
25 person transfers an interest in
such all-terrain vehicle.
26 Sec. 9. K.S.A. 1999 Supp.
8-198 is hereby amended to read as
27 follows: 8-198. (a) A nonhighway vehicle
shall not be required to
28 be registered in this state, as provided
in K.S.A. 8-135, and amend-
29 ments thereto, but nothing in this
section shall be construed as
30 abrogating, limiting or otherwise
affecting the provisions of K.S.A.
31 8-142, and amendments thereto, which
make it unlawful for any
32 person to operate or knowingly permit
the operation in this state
33 of a vehicle required to be registered
in this state.
34 (b) Upon the
sale or transfer of any nonhighway vehicle, the
35 purchaser thereof shall obtain a
nonhighway certificate of title in
36 the following manner:
37 (1) If the
transferor is a vehicle dealer, as defined in K.S.A. 8-
38 2401, and amendments thereto, and a
certificate of title has not
39 been issued for such vehicle under this
section or under the pro-
40 visions of K.S.A. 8-135, and amendments
thereto, such transferor
41 shall make application for and assign a
nonhighway certificate of
42 title to the purchaser of such
nonhighway vehicle in the same man-
43 ner and under the same conditions
prescribed by K.S.A. 8-135, and
10
1 amendments thereto, for the
application for and assignment of a
2 certificate of title thereunder.
Upon the assignment thereof, the
3 purchaser shall make application
for a new nonhighway certificate
4 of title, as provided in
subsection (c).
5
(2) Except as provided in subsection (b) of K.S.A.
8-199, and amend-
6 ments thereto, If
a certificate of title has been issued for any such
7 vehicle under the provisions of
K.S.A. 8-135, and amendments
8 thereto, the owner of such
nonhighway vehicle may surrender such
9 certificate of title to the
division of vehicles and make application
10 to the division for a nonhighway
certificate of title, or the owner
11 may obtain from the county treasurer's
office a form prescribed
12 by the division of vehicles and, upon
proper execution thereof, may
13 assign the nonhighway certificate of
title or the regular certificate
14 of title with such form attached to the
purchaser of the nonhighway
15 vehicle. Upon receipt of the nonhighway
certificate of title or the
16 regular certificate of title with such
form attached, the purchaser
17 shall make application for a new
nonhighway certificate of title as
18 provided in subsection (c).
19 (3) If the
transferor is not a vehicle dealer, as defined in K.S.A.
20 8-2401, and amendments thereto, and a
certificate of title has not
21 been issued for the vehicle under this
section or a certificate of
22 title was not required under K.S.A.
8-135, and amendments
23 thereto, the transferor shall make
application to the division for a
24 nonhighway certificate of title as
provided in this section, except
25 that in addition thereto, the division
shall require a bill of sale or
26 such transferor's affidavit, with at
least one other corroborating
27 affidavit, that such transferor is the
owner of such nonhighway
28 vehicle. If the division is satisfied
that the transferor is the owner,
29 the division shall issue a nonhighway
certificate of title for such
30 vehicle, and the transferor shall assign
the same to the purchaser,
31 who shall make application for a new
nonhighway certificate of
32 title, as provided in subsection
(c).
33 (c) Every
purchaser of a nonhighway vehicle, whether as-
34 signed a nonhighway certificate of title
or a regular certificate of
35 title with the form specified in
paragraph (2) of subsection (b) at-
36 tached, shall make application to the
county treasurer of the
37 county in which such person resides for
a new nonhighway certif-
38 icate of title in the same manner and
under the same conditions
39 as for an application for a certificate
of title under K.S.A. 8-135,
40 and amendments thereto. Such application
shall be in the form
41 prescribed by the director of vehicles
and shall contain substan-
42 tially the same provisions as required
for an application under sub-
43 section (c)(1) of K.S.A. 8-135, and
amendments thereto. In addi-
11
1 tion, such application shall
provide a place for the applicant to
2 certify that the vehicle for which
the application for a nonhighway
3 certificate of title is made is a
nonhighway vehicle, and other pro-
4 visions the director deems
necessary. Each application for a non-
5 highway certificate of title shall
be accompanied by a fee of $7
6 until July 1, 2002, $6 until July
1, 2004, and $3.50 thereafter, and
7 if the application is not made to
the county treasurer within the
8 time prescribed by K.S.A. 8-135,
and amendments thereto, for
9 making application for a
certificate of title thereunder, an addi-
10 tional fee of $2.
11 (d) A
nonhighway certificate of title shall be in form and color
12 as prescribed by the director of
vehicles. A nonhighway certificate
13 of title shall indicate clearly and
distinctly on its face that it is
14 issued for a nonhighway vehicle. A
nonhighway certificate of title
15 shall contain substantially the same
information as required on a
16 certificate of title issued under K.S.A.
8-135, and amendments
17 thereto, and other information the
director deems necessary.
18 (e) A
nonhighway certificate of title may be transferred in the
19 same manner and under the same
conditions as prescribed by
20 K.S.A. 8-135, and amendments thereto,
for the transfer of a cer-
21 tificate of title, except as otherwise
provided in this section. A non-
22 highway certificate of title may be
assigned and transferred only
23 while the vehicle remains a nonhighway
vehicle. Upon transfer or
24 sale of a nonhighway vehicle which
has been rebuilt or restored or is
25 otherwise is in
a condition which will allow the registration of such
26 vehicle, the owner shall assign the
nonhighway certificate of title
27 to the purchaser, and the purchaser
shall obtain a certificate of
28 title and register such vehicle as
provided in K.S.A. 8-135, and
29 amendments thereto. No regular
certificate of title shall be issued
30 for a vehicle for which there has been
issued a nonhighway certif-
31 icate of title until there has been
compliance with K.S.A. 8-116a,
32 and amendments thereto.
33 (f) The owner
of a vehicle which has been issued a nonhighway
34 title prior to July 1, 2000, and has
been assembled, reconstructed,
35 reconstituted or restored or otherwise
placed in an operable con-
36 dition may make application to the
county treasurer for a permit
37 to operate such vehicle on the highways
of this state over the most
38 direct route from the place such
nonhighway vehicle is located to
39 a specified location named on the permit
and to return to the orig-
40 inal location. No such permit shall be
issued for any vehicle unless
41 the owner has motor vehicle liability
insurance coverage or an ap-
42 proved self-insurance plan under K.S.A.
40-3104, and amendments
43 thereto. Such permit shall be on a form
furnished by the director
12
1 of vehicles and shall state the
date the vehicle is to be taken to the
2 other location, the name of the
insurer, as defined in K.S.A. 40-
3 3103, and amendments thereto, and
the policy number or a state-
4 ment that the vehicle is included
in a self-insurance plan approved
5 by the commissioner of insurance,
a statement attesting to the cor-
6 rectness of the information
concerning financial security, the ve-
7 hicle identification number and a
description of the vehicle. Such
8 permit shall be signed by the
owner of the vehicle. Permits issued
9 under this subsection (f) shall be
prepared in triplicate. One copy
10 shall be carried in the vehicle for
which it is issued and shall be
11 displayed so that it is visible from the
rear of the vehicle. The
12 second copy shall be retained by the
county treasurer, and the
13 third copy shall be forwarded by the
county treasurer to the divi-
14 sion of vehicles. The fee for such
permit shall be $1 which shall be
15 retained by the county treasurer, who
shall annually forward 25%
16 of all such fees collected to the
division of vehicles to reimburse
17 the division for administrative
expenses, and shall deposit the re-
18 mainder in a special fund for expenses
of issuing such permits.
19 (g) A
nonhighway vehicle for which a nonhighway certificate
20 of title has been issued pursuant to
this section shall not be deemed
21 a motor vehicle for the purposes of
K.S.A. 40-3101 to 40-3121,
22 inclusive, and amendments thereto,
except when such vehicle is
23 being operated pursuant to subsection
(f). Any person who know-
24 ingly makes a false statement concerning
financial security in ob-
25 taining a permit pursuant to subsection
(f), or who fails to obtain
26 a permit when required by law to do so
is guilty of a class C
27 misdemeanor.
28 (h) Any person
who, on July 1, 1996, is the owner of an all-
29 terrain vehicle, as defined in K.S.A.
8-126, and amendments
30 thereto, shall not be required to file
an application for a nonhigh-
31 way certificate of title under the
provisions of this section for such
32 all-terrain vehicle, unless the person
transfers an interest in such
33 all-terrain vehicle.
34 Sec.
10. K.S.A. 8-199 is hereby amended to read as follows:
8-
35 199. (a) Except as provided
in subsection (b), It shall be unlawful for
36 any person to sell or transfer the
ownership of any nonhighway
37 vehicle, unless such person shall give
to the purchaser thereof an
38 assigned nonhighway certificate of
title.
39
(b) The sale or transfer of ownership of a nonhighway
vehicle shall
40 include the acquisition of any such
vehicle by an insurer, as defined by
41 K.S.A. 40-3103, from any person
upon payment of consideration therefor
42 in satisfaction of such insurer's
obligation under a policy of motor vehicle
43 insurance but the transferor of a
vehicle for which a title has been issued
13
1 under K.S.A. 8-135 shall not
be required to obtain a nonhighway certif-
2 icate of title for such
vehicle and may assign to the insurer the certificate
3 of title issued pursuant to
K.S.A. 8-135. It shall be unlawful for any insurer
4 to sell or attempt to sell
any nonhighway vehicle, through power of at-
5 torney or otherwise, unless
such insurer shall obtain a nonhighway cer-
6 tificate of title issued in
the name of the insurer.
7
(c) (b) Any person, firm, company,
corporation, partnership, as-
8 sociation or other legal entity
who violates the provisions of this
9 section shall be guilty of a class
C misdemeanor.
10
(d) (c) Nothing in this act shall
be construed as relieving any
11 person of the payment of the tax imposed
on the sale of a motor
12 vehicle pursuant to K.S.A.
79-3603, and amendments thereto.
13 Sec.
10 11. K.S.A. 8-1,136 and
K.S.A. 1998 8-199 and 8-1,136 and
14 K.S.A. 1999 Supp. 8-197 and 8-198
are hereby repealed.
15 Sec. 11
12. This act shall take effect and be in force from and
after
16 its publication in the statute book.