Session of 1999
         
SENATE BILL No. 134
         
By Committee on Transportation and Tourism
          
1-26
          
  9             AN  ACT concerning motor vehicles; requiring front license plates for
10             certain vehicles; amending K.S.A. 8-127, 8-132, 8-134, 8-145a, 8-145b,
11             8-145c, 8-147, 8-147a, 8-148, 8-161, 8-161b, 8-162, 8-195, 8-1,126, 8-
12             1,130, 8-1,133, 8-1,139 and 32-901 and K.S.A. 1998 Supp. 8-133, 8-
13             135, 8-139, 8-142, 8-143, 8-145, 8-177a, 8-177c, 8-1,125, 8-1,129, 8-
14             1,140, 8-1,142, 8-1,145, 8-1,146, 8-1567 and 66-1,109 and repealing
15             the existing sections.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. K.S.A. 8-127 is hereby amended to read as follows: 8-127.
19       (a) Every owner of a motor vehicle, motorized bicycle, trailer or semi-
20       trailer intended to be operated upon any highway in this state, whether
21       such owner is a resident of this state or another state, or such motor
22       vehicle, motorized bicycle, trailer or semitrailer is based in this state or
23       another state shall, before any such vehicle is operated in this state, apply
24       for and obtain registration in this state under the provisions of K.S.A. 8-
25       126 to 8-149, inclusive, and acts amendatory thereof or supplemental
26       amendments thereto, except as otherwise provided by law or by any in-
27       terstate contract, agreement, arrangement or declaration made by the
28       director of vehicles.
29             (b) Any truck or truck tractor bearing registration of a state other
30       than Kansas which is engaged in intrastate movements within this state
31       shall have Kansas registration, except such vehicles which are registered
32       under the provisions of K.S.A. 8-1,101 to 8-1,123, inclusive, and amend-
33       ments thereto, and except such vehicles as are entitled to engage in in-
34       trastate movements within this state under any interstate contract, agree-
35       ment, consent, arrangement or declaration made by the director of
36       vehicles.
37             (c) Whenever any person has a current motorcycle, motorized bicy-
38       cle, passenger vehicle, truck or truck tractor registration and license plate
39       or plates for a vehicle which has been sold, traded or otherwise disposed
40       of not later than 30 days, inclusive of weekends and holidays, after ac-
41       quiring another motorcycle, motorized bicycle, passenger vehicle, truck
42       or truck tractor to which the registration and license plate or plates will
43       be transferred and such person has complied with all of the conditions

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  1       precedent to the transfer of the registration except having the registration
  2       transferred in the office of the county treasurer, such person may operate
  3       the motorcycle, motorized bicycle, passenger vehicle, truck or truck trac-
  4       tor acquired for a period of not to exceed 30 days, inclusive of weekends
  5       and holidays, after acquiring the same and pending transferral of regis-
  6       tration and license plate or plates in the office of the county treasurer by
  7       displaying the motorcycle license plate on the motorcycle acquired, the
  8       motorized bicycle license plate on the motorized bicycle acquired, the
  9       passenger vehicle license plate or plates on the passenger vehicle ac-
10       quired, or the truck or truck tractor license plate or plates on the truck
11       or truck tractor acquired. If the acquired vehicle is a new vehicle, such
12       person also must carry and have in possession the assigned certificate of
13       title or bill of sale when operating the acquired vehicle during said thirty-
14       day period.
15             Sec.  2. K.S.A. 8-132 is hereby amended to read as follows: 8-132. (a)
16       Subject to the provisions of this section and K.S.A. 8-1,125, and amend-
17       ments thereto, the division of vehicles shall furnish to every owner whose
18       vehicle shall be registered one license plate for such vehicle, except that
19       owners of passenger vehicles or trucks registered for a gross weight of
20       12,000 pounds or less shall be furnished two license plates. Such license
21       plate or plates shall have displayed on it the registration number assigned
22       to the vehicle and to the owner thereof, the name of the state, which may
23       be abbreviated, and the year or years for which it is issued. The same
24       type of license plates shall be issued for passenger motor vehicles, rented
25       without a driver, as are issued for private passenger vehicles.
26             (b) During Subject to the provisions of subsection (a), for the calendar
27       year 1975 2000 commencing on the effective date of this act, and during
28       every fifth calendar year thereafter, the division of vehicles, shall furnish
29       one license plate plates for any type of vehicle an owner registers or has
30       the registration thereof renewed, but during the succeeding four-year
31       period following calendar year 1975 2000 and during the succeeding four-
32       year period following every fifth calendar year subsequent to 1975 2000,
33       the division of vehicles shall not furnish any license plate plates for the
34       renewal of a vehicle's registration. During calendar year 1976 2001 and
35       during each calendar year thereafter in which a license plate is plates are
36       not issued for the renewal of registration of a vehicle, the division of
37       vehicles shall furnish one decal two decals for the license plate plates
38       issued for a vehicle as provided in K.S.A. 8-134, and amendments thereto,
39       for each registration and renewal of registration of such vehicle, except
40       that motor vehicles required to have only one license plate shall be issued
41       only one decal. Notwithstanding the foregoing provisions of this subsec-
42       tion, whenever when, in the discretion of the director of vehicles, it is
43       determined that the license plates currently being issued and displayed

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  1       are not deteriorating to the extent that their replacement is warranted,
  2       the director may adopt rules and regulations to extend the five-year is-
  3       suance cycle provided for in this subsection by one year at a time, and in
  4       the same manner the director may further extend such cycle by one year
  5       at a time, successively as the director determines appropriate. If the a
  6       cycle is extended, at the expiration of the that extended term, new license
  7       plates shall again be issued in the manner and for the term provided in
  8       such rules and regulations.
  9             (c) Two personalized license plates may be issued to any owner of a
10       passenger vehicle or a truck licensed for a gross weight of not more than
11       16,000 pounds, who makes proper application to the division of vehicles
12       not less than 60 days prior to such owner's renewal of registration date.
13       Such application shall be on a form prescribed by the division and accom-
14       panied by a fee of $40, which shall be in addition to any other fee required
15       to renew the registration of such passenger vehicle under the laws of this
16       state. One such personalized license plate shall be displayed on the rear
17       of the vehicle and the other shall be displayed on the front of the vehicle.
18       One personalized license plate may be issued to any owner of a motor-
19       cycle upon proper application in the same manner provided in this sub-
20       section (c) for passenger vehicles and trucks. Such personalized license
21       plate shall be displayed on the rear of the motorcycle. The changed pro-
22       visions of this subsection (c) shall become effective for all personalized
23       license plates issued for the year 1985 and thereafter, and the provisions
24       of this subsection (c) which are changed shall be deemed not to be
25       changed for license plates issued for use prior to 1985. Such fee shall be
26       paid only once during the registration period for which such license plates
27       were are issued, and any subsequent renewals during the registration
28       period shall be subject only to the registration fee prescribed by K.S.A.
29       8-143, and amendments thereto. The division shall design distinctive, per-
30       sonalized license plates to be issued hereunder which shall contain not
31       more than seven letters or numbers on truck or passenger vehicle license
32       plates and not more than five letters or numbers on motorcycle license
33       plates, or a combination thereof, to be designated by the applicant in lieu
34       of the letters and numbers required by K.S.A. 8-147, and amendments
35       thereto, other than the letters required to designate the county in which
36       such vehicle is registered. Unless the letters or numbers designated by
37       the applicant have been assigned to another vehicle of the same type
38       registered in the same county, or unless the letters or numbers designated
39       by the applicant have a profane, vulgar, lewd or indecent meaning or
40       connotation, as determined by the director of vehicles, the division shall
41       assign such letters or numbers to the applicant's vehicle, and the letters
42       or numbers, or combination thereof, so assigned shall be deemed the
43       registration number of such vehicle. Subject to the foregoing provisions,

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  1       all license plates issued under this section shall be manufactured in ac-
  2       cordance with K.S.A. 8-147, and amendments thereto. Such license plates
  3       shall be issued for a registration period of five years commencing in 1985
  4       and each five years thereafter.
  5             The secretary of revenue shall adopt rules and regulations necessary to
  6       carry out the provisions of this act, including, without limitation, rules
  7       and regulations concerning: (1) The procedure for insuring that duplicate
  8       license plates are not issued in the same county,; (2) the procedure for
  9       reserving distinctive license plates for the purpose of obtaining the same
10       on each annual renewal of registration,; (3) the procedure for allowing
11       the transfer of personalized license plates from one the motor vehicle to
12       another for which such license plates were originally issued to another
13       motor vehicle, when the title to the original vehicle has not been trans-
14       ferred and the name or names of the owner or owners listed on the titles
15       to both vehicles are identical,; and (4) procedures necessary to coordinate
16       this act with other laws of this state governing registration of vehicles.
17       The director of vehicles shall remit all moneys received by the division
18       of vehicles under this section to the state treasurer at least monthly. Upon
19       receipt of each such remittance, the state treasurer shall deposit the entire
20       amount thereof in the state treasury to the credit of the state highway
21       fund.
22             (d) In addition to any other registration fee required by statute, ve-
23       hicles issued two license plates under subsection (a) shall also pay an
24       annual registration fee of $2.
25             Sec.  3. K.S.A. 1998 Supp. 8-133 is hereby amended to read as fol-
26       lows: 8-133. The One license plate assigned to the a motor vehicle shall
27       be attached to and displayed on the rear thereof and of the motor vehicle
28       and the other shall be attached to and displayed on the front of such
29       motor vehicle. Such license plates shall be so displayed during the current
30       registration year or years, and no Kansas registration plate license plates
31       for any other year shall appear on the front of the vehicle, except that the
32       license plate issued for a truck tractor shall be attached to the front of
33       the truck tractor and a model year license plate may be attached to the
34       front of an antique vehicle, in accordance with K.S.A. 8-172, and amend-
35       ments thereto. The license plate issued a vehicle required to have only
36       one license plate shall be attached to and displayed on the rear of such
37       vehicle. The license plate issued for a truck tractor shall be attached to
38       the front of the truck tractor. Beginning in 1985 and thereafter two per-
39       sonalized license plates may be issued for passenger vehicles and trucks
40       licensed for a gross weight of not more than 16,000 pounds. One such
41       personalized license plate shall be displayed on the rear of the vehicle
42       and the other shall be displayed on the front of the vehicle, but no reg-
43       istration decal shall be issued for any plate affixed to the front of a vehicle

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  1       pursuant to K.S.A. 8-134, and amendments thereto. Every Each license
  2       plate shall at all times be securely fastened to the vehicle to which it is
  3       assigned so as to prevent the plate from swinging, and at a height not less
  4       than 12 inches from the ground, measuring from the bottom of such plate,
  5       in a place and position to be clearly visible, and shall be maintained free
  6       from foreign materials and in a condition to be clearly legible. During
  7       any period in which the construction of license plates has been suspended
  8       pursuant to the provisions of K.S.A. 8-132, and amendments thereto, the
  9       plate, tag, token, marker or sign assigned to such vehicle shall be attached
10       to and displayed on such vehicle in such place, position, manner and
11       condition as shall be prescribed by the director of vehicles.
12             Sec.  4. K.S.A. 8-134 is hereby amended to read as follows: 8-134. (a)
13       Every vehicle registration under this act shall expire December 31 of each
14       year, except passenger vehicles and vehicles provided for in K.S.A. 8-
15       134a, and amendments thereto. The registration of vehicles to which
16       K.S.A. 8-134a, and amendments thereto, applies shall expire in 1982 and
17       thereafter in accordance with the provisions of subsections (b) and (c).
18       Registration of vehicles shall be renewed annually upon application by
19       the owner and by payment of the fees required by law. Except vehicles
20       subject to K.S.A. 8-134a, and amendments thereto, and passenger vehi-
21       cles, the renewal shall take effect on January 1 of each year but the owner
22       of the vehicle shall have until and including February 15 of each year
23       within which to make application for such renewal. Criminal sanctions
24       provided in K.S.A. 8-142, and amendments thereto, for failure to display
25       any license plate or plates or any registration decal required to be affixed
26       to any such license plate or plates for the current registration year shall
27       not be enforced until after February 15 of each year. An owner who has
28       made proper application for renewal of registration of a vehicle prior to
29       January 1, but who has not received the license plate or plates or decal
30       or decals or registration card for the ensuing year, shall be entitled to
31       operate or permit the operation of such vehicle upon the highways upon
32       displaying thereon the license plate or plates or decal or decals issued for
33       the preceding year for such time as the director of vehicles finds necessary
34       for issuance of such new license plate or plates or decal or decals.
35             (b) Every passenger vehicle required by this act to be registered,
36       except as otherwise provided, shall be registered for a period of 12 con-
37       secutive months. The division of vehicles, in order to initiate a system of
38       registering or reregistering passenger vehicles during any month of a cal-
39       endar year, may register or reregister a passenger vehicle for less than a
40       twelve-month period, prorating the annual registration fee, when in the
41       director's opinion such proration tends to fulfill the purpose of the
42       monthly registration system.
43             (c) Passenger vehicle registration, and the authority to legally operate,

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  1       use, or tow such vehicle on the highway shall expire at 12:00 a.m. midnight
  2       on the last day of the last month of the twelve-month period for which
  3       such vehicle was registered, and the owner shall see that such vehicle is
  4       reregistered as required by this act. The director of vehicles shall desig-
  5       nate the registration period for each passenger vehicle in order to as
  6       nearly as feasible equalize registration or reregistration within the 12
  7       months of the year. Any vehicle after having once been registered shall
  8       upon reregistration, be registered for the same twelve-month period ex-
  9       cept when the certificate of title has been transferred as provided by law.
10       In this case, the vehicle shall be registered by the division of vehicles in
11       accordance with the system adopted.
12             (d) For the purpose of this act, hearses and electrically propelled
13       vehicles shall be classified as passenger vehicles.
14             (e) Every owner who registers or reregisters a vehicle in a calendar
15       year, and in any calendar year in which a license plate is plates are not
16       issued for the renewal of registration of such vehicle, shall be furnished
17       by the division one decal two decals for the license plate plates issued for
18       such vehicle and required by K.S.A. 8-133, and amendments thereto, to
19       be affixed to the front and rear of such vehicle. Such decal decals shall
20       be affixed to the number plate license plates affixed to the front and rear
21       of such vehicle and shall contain the letters designating the county in
22       which such vehicle is registered, as provided in K.S.A. 8-147, and amend-
23       ments thereto, shall be numbered serially in each county and shall indi-
24       cate the year in which such registration expires. When a vehicle is required
25       to have only one license plate, one decal shall be issued and it shall be
26       displayed on such license plate. The color of a decal the decals shall be
27       such that it contrasts they contrast with the color of the license plate
28       plates to which it is they are to be affixed, and the director of vehicles
29       shall change the color of such decals each year, without duplicating the
30       same color in any five-year period or such extended period as the director
31       designates under subsection (b) of K.S.A. 8-132, and amendments
32       thereto. Such decals shall be so constructed that once a decal has been
33       affixed to a license plate it cannot be removed without destroying the
34       decal, and the surface of such decals shall be capable of reflecting light.
35       Consistent with the foregoing, the director of vehicles shall prescribe the
36       size of and material to be used in the production of such decals, and the
37       director of vehicles shall designate the location on a number license plate
38       where such decal shall be affixed.
39             (f) The secretary of revenue shall adopt rules and regulations nec-
40       essary to accomplish the purpose of this act.
41             Sec.  5. K.S.A. 1998 Supp. 8-135 is hereby amended to read as fol-
42       lows: 8-135. (a) Upon the transfer of ownership of any vehicle registered
43       under this act, the registration of the vehicle and the right to use any

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  1       license plate or plates thereon shall expire and thereafter there shall be
  2       no transfer of any registration, and the license plate or plates shall be
  3       removed by the owner thereof. Except as provided in K.S.A. 8-172, and
  4       amendments thereto, and K.S.A. 1998 Supp. 8-1,147, and amendments
  5       thereto, it shall be unlawful for any person, other than the person to whom
  6       the license plate was originally issued, to have possession thereof origi-
  7       nally issued, to have possession of such license plate or plates. When the
  8       ownership of a registered vehicle is transferred, the original owner of the
  9       license plate or plates may register another vehicle under the same num-
10       ber, upon application and payment of a fee of $1.50, if such other vehicle
11       does not require a higher license fee. If a higher license fee is required,
12       then the transfer may be made upon the payment of the transfer fee of
13       $1.50 and the difference between the fee originally paid and that due for
14       the new vehicle.
15             (b) Subject to the provisions of subsection (a) of K.S.A. 8-198, and
16       amendments thereto, upon the transfer or sale of any vehicle by any
17       person or dealer, or upon any transfer in accordance with K.S.A. 1998
18       Supp. 59-3511, and amendments thereto, the new owner thereof, within
19       30 days, inclusive of weekends and holidays, from date of such transfer
20       shall make application to the division for registration or reregistration of
21       the vehicle, but no person shall operate the vehicle on any highway in
22       this state during the thirty-day period without having applied for and
23       obtained temporary registration from the county treasurer or from a
24       dealer. After the expiration of the thirty-day period, it shall be unlawful
25       for the owner or any other person to operate such vehicle upon the high-
26       ways of this state unless the vehicle has been registered as provided in
27       this act. For failure to make application for registration as provided in
28       this section, a penalty of $2 shall be added to other fees. When a person
29       has a current motorcycle or passenger vehicle registration and license
30       plate or plates, including any registration decal or decals affixed thereto,
31       for a vehicle and has sold or otherwise disposed of the vehicle and has
32       acquired another motorcycle or passenger vehicle and intends to transfer
33       the registration and the license plate to the motorcycle or license plate or
34       plates to the passenger vehicle acquired, but has not yet had the registra-
35       tion transferred in the office of the county treasurer, such person may
36       operate the motorcycle or passenger vehicle acquired for a period of not
37       to exceed 30 days by displaying the license plate on the rear of the vehicle
38       motorcycle acquired or displaying the license plates on the front and rear
39       of the vehicle acquired. If the acquired vehicle is a new vehicle such
40       person also must carry the assigned certificate of title or manufacturer's
41       statement of origin when operating the acquired vehicle, except that a
42       dealer may operate such vehicle by displaying such dealer's dealer license
43       plate or plates.

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  1             (c) Certificate of title: No vehicle required to be registered shall be
  2       registered or any license plate or plates or registration decal or decals
  3       issued therefor, unless the applicant for registration shall present satis-
  4       factory evidence of ownership and apply for an original certificate of title
  5       for such vehicle. The following paragraphs of this subsection shall apply
  6       to the issuance of a certificate of title for a nonhighway vehicle, as defined
  7       in K.S.A. 8-197, and amendments thereto, except to the extent such par-
  8       agraphs are made inapplicable by or are inconsistent with K.S.A. 8-198,
  9       and amendments thereto.
10             (1) An application for certificate of title shall be made by the owner
11       or the owner's agent upon a form furnished by the division and shall state
12       all liens or encumbrances thereon, and such other information as the
13       division may require. Notwithstanding any other provision of this section,
14       no certificate of title, other than a duplicate title, shall be issued for a
15       vehicle having any unreleased lien or encumbrance thereon, unless the
16       transfer of such vehicle has been consented to in writing by the holder
17       of the lien or encumbrance. Such consent shall be in a form approved by
18       the division. In the case of members of the armed forces of the United
19       States while the United States is engaged at war with any foreign nation
20       and for a period of six months next following the cessation of hostilities,
21       such application may be signed by the owner's spouse, parents, brother
22       or sister. The county treasurer shall use reasonable diligence in ascer-
23       taining whether the facts stated in such application are true, and if sat-
24       isfied that the applicant is the lawful owner of such vehicle, or otherwise
25       entitled to have the same registered in such applicant's name, shall so
26       notify the division, who shall issue an appropriate certificate of title. The
27       certificate of title shall be in a form approved by the division, and shall
28       contain a statement of any liens or encumbrances which the application
29       shows, and such other information as the division determines.
30             (2) The certificate of title shall contain upon the reverse side a form
31       for assignment of title to be executed by the owner before a notary public
32       or some other officer authorized to administer an oath. This assignment
33       shall contain a statement of all liens or encumbrances on the vehicle at
34       the time of assignment. The certificate of title shall also contain on the
35       reverse side blank spaces so that an abstract of mileage as to each owner
36       will be available. The seller at the time of each sale shall insert the mileage
37       on the form filed for application or reassignment of title, and the division
38       shall insert such mileage on the certificate of title when issued to pur-
39       chaser or assignee. The signature of the purchaser or assignee is required
40       on the form filed for application or reassignment of title, acknowledging
41       the odometer certification made by the seller, except that vehicles which
42       are 10 model years or older and trucks with a gross vehicle weight of
43       more than 16,000 pounds shall be exempt from the mileage acknowledg-

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  1       ment requirement of the purchaser or assignee. Such title shall indicate
  2       whether the vehicle for which it is issued has been titled previously as a
  3       nonhighway vehicle. In addition, the reverse side shall contain two forms
  4       for reassignment by a dealer, stating the liens or encumbrances thereon.
  5       The first form of reassignment shall be used only when a dealer sells the
  6       vehicle to another dealer. The second form of reassignment shall be used
  7       by a dealer when selling the vehicle to another dealer or the ultimate
  8       owner of the vehicle. The reassignment by a dealer shall be used only
  9       where the dealer resells the vehicle, and during the time that the vehicle
10       remains in the dealer's possession for resale, the certificate of title shall
11       be dormant. When the ownership of any vehicle passes by operation of
12       law, or repossession upon default of a lease, security agreement, or ex-
13       ecutory sales contract, the person owning such vehicle, upon furnishing
14       satisfactory proof to the county treasurer of such ownership, may procure
15       a certificate of title to the vehicle. When a vehicle is registered in another
16       state and is repossessed in another state, the owner of such vehicle shall
17       not be entitled to obtain a valid Kansas title or registration, except that
18       when a vehicle is registered in another state, but is financed originally by
19       a financial institution chartered in the state of Kansas or when a financial
20       institution chartered in Kansas purchases a pool of motor vehicle loans
21       from the resolution trust corporation or a federal regulatory agency, and
22       the vehicle is repossessed in another state, such Kansas financial institu-
23       tion shall be entitled to obtain a valid Kansas title or registration. In
24       addition to any other fee required for the issuance of a certificate of title,
25       any applicant obtaining a certificate of title for a repossessed vehicle shall
26       pay a fee of $3.
27             (3) Dealers shall execute, upon delivery to the purchaser of every new
28       vehicle, a manufacturer's statement of origin stating the liens and encum-
29       brances thereon. Such statement of origin shall be delivered to the pur-
30       chaser at the time of delivery of the vehicle or at a time agreed upon by
31       the parties, not to exceed 30 days, inclusive of weekends and holidays.
32       The agreement of the parties shall be executed on a form approved by
33       the division. In the event delivery of title cannot be made personally, the
34       seller may deliver the manufacturer's statement of origin by restricted
35       mail to the address of purchaser shown on the purchase agreement. The
36       manufacturer's statement of origin may include an attachment containing
37       assignment of such statement of origin on forms approved by the division.
38       Upon the presentation to the division of a manufacturer's statement of
39       origin, by a manufacturer or dealer for a new vehicle, sold in this state, a
40       certificate of title shall be issued if there is also an application for regis-
41       tration, except that no application for registration shall be required for a
42       travel trailer used for living quarters and not operated on the highways.
43             (4) The fee for each original certificate of title shall be $7 until July

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  1       1, 1999, and $3.50 thereafter, in addition to the fee for registration of
  2       such vehicle, trailer or semitrailer. The certificate of title shall be good
  3       for the life of the vehicle, trailer or semitrailer while owned or held by
  4       the original holder of the certificate of title.
  5             (5) Upon sale and delivery to the purchaser of every vehicle subject
  6       to a purchase money security interest as defined in K.S.A. 84-9-107, and
  7       amendments thereto, the dealer or secured party may complete a notice
  8       of security interest and when so completed, the purchaser shall execute
  9       the notice, in a form prescribed by the division, describing the vehicle
10       and showing the name and address of the secured party and of the debtor
11       and other information the division requires. The dealer or secured party,
12       within 15 days of the sale and delivery, may mail or deliver the notice of
13       security interest, together with a fee of $2.50, to the division. The notice
14       of security interest shall be retained by the division until it receives an
15       application for a certificate of title to the vehicle and a certificate of title
16       is issued. The certificate of title shall indicate any security interest in the
17       vehicle. Upon issuance of the certificate of title, the division shall mail or
18       deliver confirmation of the receipt of the notice of security interest, the
19       date the certificate of title is issued and the security interest indicated, to
20       the secured party at the address shown on the notice of security interest.
21       The proper completion and timely mailing or delivery of a notice of se-
22       curity interest by a dealer or secured party shall perfect a security interest
23       in the vehicle described on the date of such mailing or delivery. The
24       county treasurers shall mail a copy of the title application to the Kansas
25       lienholder. Each county treasurer shall charge the Kansas lienholder a
26       $1.50 service fee for processing and mailing a copy of the title application
27       to the Kansas lienholder.
28             (6) It shall be unlawful for any person to operate in this state a vehicle
29       required to be registered under this act, or to transfer the title to any
30       such vehicle to any person or dealer, unless a certificate of title has been
31       issued as herein provided. In the event of a sale or transfer of ownership
32       of a vehicle for which a certificate of title has been issued, which certif-
33       icate of title is in the possession of the transferor at the time of delivery
34       of the vehicle, the holder of such certificate of title shall endorse on the
35       same an assignment thereof, with warranty of title in a form prescribed
36       by the division and printed thereon and the transferor shall deliver the
37       same to the buyer at the time of delivery to the buyer of the vehicle or
38       at a time agreed upon by the parties, not to exceed 30 days, inclusive of
39       weekends and holidays, after the time of delivery. The agreement of the
40       parties shall be executed on a form provided by the division. The require-
41       ments of this paragraph concerning delivery of an assigned title are sat-
42       isfied if the transferor mails to the transferee by restricted mail the as-
43       signed certificate of title within the 30 days, and if the transferor is a

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  1       dealer, as defined by K.S.A. 8-2401, and amendments thereto, such trans-
  2       feror shall be deemed to have possession of the certificate of title if the
  3       transferor has made application therefor to the division. The buyer shall
  4       then present such assigned certificate of title to the division at the time
  5       of making application for registration of such vehicle. A new certificate
  6       of title shall be issued to the buyer, upon payment of the fee of $7 until
  7       July 1, 1999, and $3.50 thereafter. If such vehicle is sold to a resident of
  8       another state or country, the dealer or person making the sale shall notify
  9       the division of the sale and the division shall make notation thereof in the
10       records of the division. When a person acquires a security agreement on
11       a vehicle subsequent to the issuance of the original title on such vehicle,
12       such person shall require the holder of the certificate of title to surrender
13       the same and sign an application for a mortgage title in form prescribed
14       by the division. Upon such surrender such person shall immediately de-
15       liver the certificate of title, application, and a fee of $7 until July 1, 1999,
16       and $3.50 thereafter, to the division. Upon receipt thereof, the division
17       shall issue a new certificate of title showing the liens or encumbrances so
18       created, but not more than two liens or encumbrances may be shown
19       upon a title. When a prior lienholder's name is removed from the title,
20       there must be satisfactory evidence presented to the division that the lien
21       or encumbrance has been paid. When the indebtedness to a lienholder,
22       whose name is shown upon a title, is paid in full, such lienholder within
23       10 days after written demand by restricted mail, shall furnish to the holder
24       of the title a release of lien or execute such a release in the space provided
25       on the title. For failure to comply with such a demand the lienholder shall
26       be liable to the holder of the title for $100 and also shall be liable for any
27       loss caused to the holder by such failure. When the indebtedness to a
28       lienholder, whose name is shown upon a title, is collected in full, such
29       lienholder, within 30 days, shall furnish notice to the holder of title that
30       such indebtedness has been paid in full and that such title may be pre-
31       sented to the lienholder at any time for release of lien.
32             (7) It shall be unlawful for any person to buy or sell in this state any
33       vehicle required to be registered, unless, at the time of delivery thereof
34       or at a time agreed upon by the parties, not to exceed 30 days, inclusive
35       of weekends and holidays, after the time of delivery, there shall pass
36       between the parties a certificate of title with an assignment thereof. The
37       sale of a vehicle required to be registered under the laws of this state,
38       without assignment of the certificate of title, is fraudulent and void, unless
39       the parties shall agree that the certificate of title with assignment thereof
40       shall pass between them at a time other than the time of delivery, but
41       within 30 days thereof. The requirements of this paragraph concerning
42       delivery of an assigned title shall be satisfied if (i) the seller mails to the
43       purchaser by restricted mail the assigned certificate of title within 30 days,

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  1       or (ii) if the transferor is a dealer, as defined by K.S.A. 8-2401, and amend-
  2       ments thereto, such seller shall be deemed to have possession of the
  3       certificate of title if such seller has made application therefor to the di-
  4       vision, or (iii) if the transferor is a dealer and has assigned a title pursuant
  5       to paragraph (9) of this subsection (c).
  6             (8) In cases of sales under the order of a court of a vehicle required
  7       to be registered under this act, the officer conducting such sale shall issue
  8       to the purchaser a certificate naming the purchaser and reciting the facts
  9       of the sale, which certificate shall be prima facie evidence of the own-
10       ership of such purchaser for the purpose of obtaining a certificate of title
11       to such motor vehicle and for registering the same. Any such purchaser
12       shall be allowed 30 days, inclusive of weekends and holidays, from the
13       date of sale to make application to the division for a certificate of title
14       and for the registering of such motor vehicle.
15             (9) Any dealer who has acquired a vehicle, the title for which was
16       issued under the laws of and in a state other than the state of Kansas,
17       shall not be required to obtain a Kansas certificate of title therefor during
18       the time such vehicle remains in such dealer's possession and at such
19       dealer's place of business for the purpose of sale. The purchaser or trans-
20       feree shall present the assigned title to the division of vehicles when
21       making application for a certificate of title as provided in subsection (c)(1).
22             (10) Motor vehicles may be held and titled in transfer-on-death form.
23             (11) Notwithstanding the provisions of this act with respect to time
24       requirements for delivery of a certificate of title, or manufacturer's state-
25       ment of origin, as applicable, any person who chooses to reaffirm the sale
26       in writing on a form approved by the division which advises them of their
27       rights pursuant to paragraph (7) of subsection (c) and who has received
28       and accepted assignment of the certificate of title or manufacturer's state-
29       ment of origin for the vehicle in issue may not thereafter void or set aside
30       the transaction with respect to the vehicle for the reason that a certificate
31       of title or manufacturer's statement of origin was not timely delivered,
32       and in such instances the sale of a vehicle shall not be deemed to be
33       fraudulent and void for that reason alone.
34             Sec.  6. K.S.A. 1998 Supp. 8-139 is hereby amended to read as fol-
35       lows: 8-139. In the event that any license plate, certificate of title, regis-
36       tration decal or registration receipt issued hereunder, shall be lost, mu-
37       tilated, or shall have become illegible, the person who is entitled thereto
38       shall make immediate application for and obtain a duplicate or substitute
39       therefor, upon furnishing information of such fact satisfactory to the di-
40       vision and upon payment of the required fees: Namely, certificate of title,
41       $7 until July 1, 1999, and $3.50 thereafter, registration receipt, $.50, for
42       each registration decal, $.50, for each license plates plate, $2. In case the
43       license plate is or plates are of such type or constructed in such a way

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  1       that it is not reasonably possible to remove it them from the vehicle to
  2       which it is they are attached without destroying or mutilating such license
  3       plate or plates, and the ownership of such vehicle shall be transferred and
  4       the license plate shall be mutilated or destroyed by the owner thereof as
  5       a result of the owner's effort to comply with the provisions of K.S.A. 8-
  6       135, and amendments thereto, by removing the same from the vehicle so
  7       transferred, then and in such case no fee shall be charged for such du-
  8       plicate or substitute license plate or plates, including any registration de-
  9       cal or decals affixed thereto, but the same shall be furnished free of charge
10       providing such person shall otherwise in all respects have complied with
11       the laws governing the transfer of ownership of such motor vehicle.
12             Sec.  7. K.S.A. 1998 Supp. 8-142 is hereby amended to read as fol-
13       lows: 8-142. It shall be unlawful for any person to commit any of the
14       following acts and except as otherwise provided, violation is subject to
15       penalties provided in K.S.A. 8-149, and amendments thereto:
16             First: To operate, or for the owner thereof knowingly to permit the
17       operation, upon a highway of any vehicle, as defined in K.S.A. 8-126, and
18       amendments thereto, which is not registered, or for which a certificate
19       of title has not been issued or which does not have attached thereto and
20       displayed thereon the license plate or plates assigned thereto by the di-
21       vision for the current registration year, including any registration decal
22       or decals required to be affixed to any such license plate or plates pursuant
23       to K.S.A. 8-134, and amendments thereto, subject to the exemptions al-
24       lowed in K.S.A. 8-135, 8-198 and 8-1751a, and amendments thereto.
25             Second: To display or cause or permit to be displayed, or to have in
26       possession, any registration receipt, certificate of title, registration license
27       plate or plates, registration decal or decals, accessible parking placard or
28       accessible parking identification card knowing the same to be fictitious
29       or to have been canceled, revoked, suspended or altered. A violation of
30       this part Second shall constitute an unclassified misdemeanor punishable
31       by a fine of not less than $100 and forfeiture of the item. A mandatory
32       court appearance shall be required of any person violating this part Sec-
33       ond. This part Second shall not apply to the possession of: (a) Model year
34       license plates displayed on antique vehicles as allowed under K.S.A. 8-
35       172, and amendments thereto; or (b) distinctive license plates allowed
36       under K.S.A. 1998 Supp. 8-1,147, and amendments thereto.
37             Third: To lend to or knowingly permit the use by one not entitled
38       thereto any registration receipt, certificate of title, registration license
39       plate or plates or registration decal or decals issued to the person so
40       lending or permitting the use thereof.
41             Fourth: To fail or refuse to surrender to the division, upon demand,
42       any registration receipt, certificate of title, registration license plate or
43       plates or registration decal or decals which has been suspended, canceled

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  1       or revoked.
  2             Fifth: To use a false or fictitious name or address in any application for
  3       a certificate of title, the registration of any vehicle or for any renewal or
  4       duplicate thereof, or knowingly to make a false statement or knowingly
  5       to conceal a material fact or otherwise commit a fraud in any such
  6       application.
  7             Sixth: For the owner of a motor vehicle to file application for the reg-
  8       istration thereof, in any county other than the county in which the owner
  9       of the vehicle resides or has a bona fide place of business, which place is
10       not an office or facility established or maintained solely for the purpose
11       of obtaining registration.
12             Seventh: To operate on the highways of this state a vehicle or combi-
13       nation of vehicles whose weight with cargo is in excess of the gross weight
14       for which the truck or truck tractor propelling the same is registered,
15       except as provided by K.S.A. 8-143, and amendments thereto, and sub-
16       sections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.
17       Such gross weight shall not be required to be in excess of the limitations
18       described by K.S.A. 8-1908 and 8-1909, and amendments thereto, for
19       such vehicle or combination of vehicles of which it is a part. Any person
20       or owner who operates a vehicle in this state with a registration in violation
21       of subsection (2) of K.S.A. 8-143, and amendments thereto, shall be re-
22       quired to pay the additional fee equal to the fee required by the applicable
23       registration fee schedule, less the amount of the fee required for the gross
24       weight for which the vehicle is registered to obtain the proper registration
25       therewith. A fine of $75 shall be assessed for all such gross weight reg-
26       istration violations.
27             Eighth: To operate a local truck or truck tractor which is registered for
28       a gross weight of more than 12,000 pounds as a common or contract
29       carrier outside a radius of three miles beyond the corporate limits of the
30       city in which such vehicle was based when registered and licensed or to
31       operate any other local truck or truck tractor licensed for a gross weight
32       of more than 12,000 pounds outside a radius of 25 miles beyond the
33       corporate limits of the city in which such vehicle was based when regis-
34       tered and licensed, except as provided in subsection (2) of K.S.A. 8-143
35       or 8-143i, and amendments thereto.
36             Ninth: To operate on the highways of this state a farm truck or farm
37       trailer other than to transport: (a) Agricultural products produced by such
38       owner; (b) commodities purchased by the owner for use on the farm
39       owned or rented by the owner of such vehicles; (c) commodities for re-
40       ligious or educational institutions being transported by the owner of such
41       vehicles for charity and without compensation of any kind, except as pro-
42       vided in subsection (c) of K.S.A. 66-1,109, and amendments thereto; or
43       (d) sand, gravel, slag stone, limestone, crushed stone, cinders, black top,

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  1       dirt or fill material to a township road maintenance or construction site
  2       of the township in which the owner of such truck resides.
  3             Tenth: To operate a farm truck or truck tractor used in combination
  4       with a trailer or semitrailer for a gross weight which does not include the
  5       empty weight of the truck or truck tractor or of the combination of any
  6       truck or truck tractor and any type of trailer or semitrailer, plus the max-
  7       imum weight of cargo which will be transported on or with the same; and
  8       such farm truck or farm truck tractor used to transport a gross weight of
  9       more than 54,000 pounds shall have durably lettered on the side of the
10       motor vehicle the words "farm vehicle--not for hire."
11             Eleventh: To operate on the highways of this state any truck or truck
12       tractor without the current quarter of license fees being paid thereon.
13             Twelfth: To operate on the highways of this state a truck or truck tractor
14       without carrying in the cab a copy of the registration receipt for such
15       vehicle or without having painted or otherwise durably marked on said
16       vehicle on both sides thereof, the gross weight for which said vehicle is
17       licensed and the name and address of the owner thereof, except as pro-
18       vided in K.S.A. 8-143e, and amendments thereto.
19             Thirteenth: To operate on the highways of this state a farm trailer car-
20       rying more than 6,000 pounds without being registered and the registra-
21       tion fees paid thereon.
22             Fourteenth: To operate more than 6,000 miles in any calendar year any
23       truck or truck tractor which has been registered and licensed to operate
24       not more than 6,000 miles in such calendar year, as provided in subsection
25       (2) of K.S.A. 8-143, and amendments thereto, unless the additional fee
26       required by said subsection (2) has been paid.
27             Fifteenth: For any owner who has registered a truck or truck tractor
28       on the basis of operating not more than 6,000 miles to fail to keep the
29       records required by the director of vehicles, or to fail to comply with rules
30       and regulations of the secretary of revenue relating to such registration.
31             Sixteenth: To operate a vehicle or combination of vehicles on the na-
32       tional system of interstate and defense highways with a gross weight
33       greater than permitted by the laws of the United States Congress.
34             Sec.  8. K.S.A. 1998 Supp. 8-143 is hereby amended to read as fol-
35       lows: 8-143. (1) All applications for the registration of motorcycles, mo-
36       torized bicycles and passenger vehicles other than trucks and truck trac-
37       tors, except as otherwise provided, shall be accompanied by an annual
38       license fee as follows: For motorized bicycles, $10; for motorcycles, $15;
39       for passenger vehicles, other than motorcycles, used solely for the car-
40       rying of persons for pleasure or business, and for hearses and ambulances
41       a fee of (i) $25 for those having a gross weight of 4,500 pounds or less;
42       (ii) $35 for those having a gross weight of more than 4,500 pounds; for
43       each electrically propelled motor vehicle, except electrically propelled

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  1       vehicles intended for the purpose of transporting any commodity, goods,
  2       merchandise, produce or freight, or passengers for hire, a fee of $13.
  3       Except for motor vehicles, trailers or semitrailers registered under the
  4       provisions of K.S.A. 8-1,134, and amendments thereto, the annual reg-
  5       istration fee for each motor vehicle, trailer or semitrailer owned by any
  6       political or taxing subdivision of this state or by any agency or instrumen-
  7       tality of any one or more political or taxing subdivisions of this state and
  8       used exclusively for governmental purposes and not for any private or
  9       utility purposes, which is not otherwise exempt from registration, shall be
10       $2.
11             (2) As used in this subsection, the term "gross weight" shall mean
12       and include the empty weight of truck, or of combination of truck or
13       truck tractor and any type trailer or semitrailer, plus the maximum weight
14       of cargo which will be transported on or with the same, except when the
15       empty weight of a truck plus the maximum weight of cargo which will be
16       transported thereon is 12,000 pounds or less. The term gross weight shall
17       not include: The weight of any travel trailer propelled thereby which is
18       being used for private recreational purposes; or the weight of any vehicle
19       or combination of vehicles for which wrecker or towing service, as defined
20       in K.S.A. 66-1329, and amendments thereto, is to be provided by a
21       wrecker or tow truck, as defined in K.S.A. 66-1329, and amendments
22       thereto. Such wrecker or tow truck shall be registered for the empty
23       weight of such vehicle fully equipped for the recovery or towing of ve-
24       hicles. The gross weight license fees hereinafter prescribed shall only
25       apply to the truck or truck tractor used as the propelling unit for the cargo
26       and vehicle propelled, either as a single vehicle or combination of vehi-
27       cles. On application for the registration of a truck or truck tractor, the
28       owner thereof shall declare as a part of such application the maximum
29       gross weight the owner desires to be applicable to such vehicle, which
30       declared gross weight in no event shall be in excess of the limitations
31       described by K.S.A. 8-1908 and 8-1909, and amendments thereto, for
32       such vehicle or combination of vehicles of which it will be a part. All
33       applications for the registration of trucks or truck tractors, except as oth-
34       erwise provided herein, shall be accompanied by an annual license fee as
35       follows:
36       For a gross weight of 12,000 lbs. or less $35
37       For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. 100
38       For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 130
39       For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 195
40       For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 310
41       For a gross weight of more than 26,000 lbs. and not more than 30,000lbs. 310
42       For a gross weight of more than 30,000 lbs. and not more than 36,000lbs. 370
43       For a gross weight of more than 36,000 lbs. and not more than 42,000lbs. 470
44       For a gross weight of more than 42,000 lbs. and not more than 48,000lbs. 600
45       For a gross weight of more than 48,000 lbs. and not more than 54,000lbs. 800
46       For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 1,000
47       For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 1,200
48       For a gross weight of more than 66,000 lbs. and not more than 74,000lbs. 1,525
49       For a gross weight of more than 74,000 lbs. and not more than 80,000lbs. 1,725
50       For a gross weight of more than 80,000 lbs. and not more than 85,500lbs. 1,925
51             If the applicant for registration of any truck or truck tractor for a gross
52       weight of more than 12,000 pounds is the state of Kansas or any political
53       or taxing subdivision or agency of the state, except a city or county, whose
54       truck or truck tractor is not otherwise entitled to the $2 license fee or
55       otherwise exempt from all fees, such vehicle may be licensed for a fee in
56       accordance with the schedule hereinafter prescribed for local trucks or
57       truck tractors.
58             If the applicant for registration of any truck or truck tractor for a gross
59       weight of more than 12,000 pounds shall under oath state in writing on
60       a form prescribed and furnished by the director of vehicles that the ap-
61       plicant does not expect to operate it more than 6,000 miles in the calendar
62       year for which the applicant seeks registration, and that if the applicant
63       shall operate it more than 6,000 miles during such registration year such
64       applicant will pay an additional fee equal to the fee required by the pre-
65       ceding schedule, less the amount of the fee paid at time of registration,
66       such vehicle may be licensed for a fee in accordance with the schedule
67       hereinafter prescribed for local trucks or truck tractors; and whenever
68       the same is registered on a local truck or truck tractor fee basis a tab or
69       marker shall be issued in connection with the regular license plate or
70       plates, which tab or marker shall be attached or affixed to and displayed
71       with the regular license plate or plates and the failure to have the same

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  1       attached, affixed or displayed shall be subject to the same penalties as
  2       provided by law for the failure to display the regular license plate; and
  3       the secretary of revenue may adopt rules and regulations requiring the
  4       owners of trucks and truck tractors so registered on a local truck or truck
  5       tractor fee basis to keep such records and make such reports of mileage
  6       of such vehicles as the secretary of revenue shall deem proper.
  7             A transporter delivering vehicles not the transporter's own by the dri-
  8       veaway method where such vehicles are being driven, towed, or trans-
  9       ported singly, or by the saddlemount, towbar, or fullmount methods, or
10       by any lawful combination thereof, may apply for license plates which
11       may be transferred from one such vehicle or combination to another for
12       each delivery without further registration, and the annual license fee for
13       such license plate shall be as follows:
14       For the first such set of license plates $44
15       For each additional such set of license plates 18
16             A truck or truck tractor registered for a gross weight of more than
17       12,000 pounds, which is operated wholly within the corporate limits of a
18       city or village or within a radius of 25 miles beyond the corporate limits,
19       shall be classified as a local truck except that in no event shall such vehicles
20       operated as contract or common carriers outside a radius of three miles
21       beyond the corporate limits of the city or village in which such vehicles
22       were based when registered and licensed be considered local trucks or
23       truck tractors. The secretary of revenue is hereby authorized and directed
24       to adopt rules and regulations prescribing a procedure for the issuance
25       of permits by the division of vehicles whereby owners of local trucks or
26       truck tractors may operate any such vehicle, empty, beyond the radius
27       hereinbefore prescribed, when such operation is solely for the purpose
28       of having such vehicle repaired, painted or serviced or for adding addi-
29       tional equipment thereto. The annual license fee for a local truck or truck
30       tractor, except as otherwise provided herein, shall be as follows:
31       For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. $60
32       For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 100
33       For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 130
34       For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 175
35       For a gross weight of more than 26,000 lbs. and not more than 30,000lbs. 175
36       For a gross weight of more than 30,000 lbs. and not more than 36,000lbs. 210
37       For a gross weight of more than 36,000 lbs. and not more than 42,000lbs. 240
38       For a gross weight of more than 42,000 lbs. and not more than 48,000lbs. 310
39       For a gross weight of more than 48,000 lbs. and not more than 54,000lbs. 410
40       For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 470
41       For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 570
42       For a gross weight of more than 66,000 lbs. and not more than 74,000lbs. 750
43       For a gross weight of more than 74,000 lbs. and not more than 80,000lbs. 880
44       For a gross weight of more than 80,000 lbs. and not more than 85,500lbs. 1,000
45             A truck or truck tractor registered for a gross weight of more than
46       12,000 pounds, which is owned by a person engaged in farming and which
47       truck or truck tractor is used by such owner to transport agricultural
48       products produced by such owner or commodities purchased by such
49       owner for use on the farm owned or rented by the owner of such farm
50       truck or truck tractor, shall be classified as a farm truck or truck tractor
51       and the annual license fee for such farm truck shall be as follows:
52       For a gross weight of more than 12,000 lbs. and not more than 16,000lbs. $35
53       For a gross weight of more than 16,000 lbs. and not more than 20,000lbs. 40
54       For a gross weight of more than 20,000 lbs. and not more than 24,000lbs. 50
55       For a gross weight of more than 24,000 lbs. and not more than 26,000lbs. 70
56       For a gross weight of more than 26,000 lbs. and not more than 54,000lbs. 70
57       For a gross weight of more than 54,000 lbs. and not more than 60,000lbs. 180
58       For a gross weight of more than 60,000 lbs. and not more than 66,000lbs. 360
59       For a gross weight of more than 66,000 lbs. 600
60       A vehicle licensed as a farm truck or truck tractor may be used by the
61       owner thereof to transport, for charity and without compensation of any
62       kind, commodities for religious or educational institutions. A truck which
63       is licensed as a farm truck may also be used for the transportation of sand,
64       gravel, slag stone, limestone, crushed stone, cinders, black top, dirt or fill

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  1       material to a township road maintenance or construction site of the town-
  2       ship in which the owner of such truck resides. Any applicant for registra-
  3       tion of any farm truck or farm truck tractor used in combination with a
  4       trailer or semitrailer shall register the farm truck or farm truck tractor for
  5       a gross weight which shall include the empty weight of the truck or truck
  6       tractor or of the combination of any truck or truck tractor and any type
  7       of trailer or semitrailer, plus the maximum weight of cargo which will be
  8       transported on or with the same. The applicant for registration of any
  9       farm truck or farm truck tractor used to transport a gross weight of more
10       than 54,000 pounds shall durably letter on the side of the motor vehicle
11       the words "farm vehicle--not for hire." If an applicant for registration of
12       any farm truck or farm truck tractor operates such vehicle for any use or
13       purpose not authorized for a farm truck or farm truck tractor, such ap-
14       plicant shall pay an additional fee equal to the fee required for the reg-
15       istration of all trucks or truck tractors not registered as local, 6,000-mile
16       or farm truck or farm truck tractor motor vehicles, less the amount of the
17       fee paid at time of registration. Nothing in this or the preceding paragraph
18       shall authorize a gross weight of a vehicle or combination of vehicles on
19       the national system of interstate and defense highways greater than per-
20       mitted by laws of the United States congress.
21             Except as hereinafter provided, the annual license fee for each local
22       urban transit bus used in local urban transit operations exempted under
23       the provisions of subsection (a) of K.S.A. 66-1,109, and amendments
24       thereto, shall be based on the passenger seating capacity of the bus and
25       shall be as follows:
26       8 or more, but less than 31 passengers $15
27       31 or more, but less than 40 passengers 30
28       More than 39 passengers 60
29       except that the annual license fee for each local urban transit bus which
30       is owned by a metropolitan transit authority established pursuant to ar-
31       ticles 25 and 28 of chapter 12 or pursuant to article 31 of chapter 13 of
32       the Kansas Statutes Annotated shall be $2.
33             For licensing purposes, station wagons with a carrying capacity of less
34       than 10 passengers shall be subject to registration fees based on the
35       weight of the vehicles, as provided in subsection (1). Station wagons with
36       a carrying capacity of 10 or more passengers shall be subject to the truck
37       classifications and license fees therefor shall be as herein provided:
38             (a) For any trailer, semitrailer, travel trailer or pole trailer the annual
39       license fee shall be as follows: For any such vehicle with a gross weight
40       of more than 12,000 pounds the annual fee shall be $35; any such vehicle
41       grossing more than 8,000 pounds but not over 12,000 pounds, the annual
42       fee shall be $25; for any such vehicle grossing more than 2,000 pounds
43       but not over 8,000 pounds, the annual fee shall be $15. Any such vehicle

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  1       having a gross weight of 2,000 pounds or less may, at the owner's option,
  2       be registered and the fee for such registration shall be $15.
  3             Any trailer, semitrailer or travel trailer owned by a nonresident of this
  4       state and based in another state, which is properly registered and licensed
  5       in the state of residence of the owner or in the state where based, may
  6       be operated in this state without being registered or licensed in this state
  7       if the truck or truck tractor propelling the same is properly registered and
  8       licensed in this state, or is registered and licensed in some other state and
  9       is entitled to reciprocal privileges of operation in this state, but this pro-
10       vision shall not apply to any trailer or semitrailer owned by a nonresident
11       of this state when such trailer or semitrailer is owned by a person who
12       has proportionately registered and licensed a fleet of vehicles under the
13       provisions of K.S.A. 8-1,101 to 8-1,123, inclusive, and amendments
14       thereto, or under the terms of any reciprocal or proration agreement
15       made pursuant thereto.
16             At the option of the owner, any trailer, semitrailer or pole trailer, with
17       a gross weight of more than 12,000 pounds, may be issued a multi-year
18       registration for a five-year period upon payment of the appropriate reg-
19       istration fee. The fee for a five-year registration of such trailer shall be
20       five times the annual fee for such trailer. If the annual registration fee is
21       increased during the multi-year registration period, the owner of the
22       trailer with such multi-year registration shall be subject to the amount of
23       the increase of the annual registration fee for the remaining calendar
24       years of such multi-year registration. When the owner of any trailer, sem-
25       itrailer or pole trailer registered under this multi-year provision transfers
26       or assigns the title, or interest thereto, the registration of such trailer shall
27       expire. The owner shall remove the license plate from such trailer and
28       forward the license plate to the division of vehicles or may have such
29       license plate assigned to another trailer, semitrailer or pole trailer upon
30       the payment of fees required by law. Any owner of a trailer, semitrailer
31       or pole trailer where the multi-year registration fee has been paid and
32       the trailer is sold, junked, repossessed, foreclosed by a mechanic's lien or
33       title transferred by operation of law, and the registration thereon is not
34       going to be transferred to another trailer, may secure a refund for the
35       registration fee for the remaining calendar years by making application
36       to the division of vehicles on a form and in the manner prescribed by the
37       director of vehicles. The secretary of revenue may adopt such rules and
38       regulations necessary to implement the multi-year registration of such
39       trailers, semitrailers and pole trailers.
40             A farm trailer used in carrying not more than 6,000 pounds owned by
41       a person engaged in farming, which trailer is used exclusively by the
42       owner to transport agricultural products produced by such owner or com-
43       modities purchased by the owner for use on the farm owned or rented

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  1       by the owner of such trailer, shall not be subject to the registration and
  2       registration fees prescribed by this act for trailers, and the weight of any
  3       such farm trailer, plus the cargo weight of 6,000 pounds or less, shall not
  4       be considered in determining the gross weight for which the truck or
  5       truck tractor propelling the same shall be registered. Any nonself-pro-
  6       pelled vehicle used and designed for applying fertilizers to the soil or for
  7       picking up and transporting hay or forage from a field to a storage area
  8       or from a storage area to a feedlot, which is only incidentally moved or
  9       operated upon the highways, shall not be subject to registration and reg-
10       istration fees prescribed by this act for trailers.
11             (b) Any truck or truck tractor having a gross weight of 4,000 pounds
12       or over, using solid tires, shall pay a license fee of double the amount
13       herein charged. The annual fees herein provided for trucks, truck tractors
14       and trailers not subject to K.S.A. 8-134a, and amendments thereto, shall
15       be due January 1 of each year and payable on or before February 15 in
16       each year. If the fee is not paid by such date a penalty of $1 shall be
17       added to the fee charged herein for each month or fraction thereof and
18       until December 31 of each registration year. The annual registration fee
19       for all passenger vehicles and vehicles subject to K.S.A. 8-134a, and
20       amendments thereto, shall be due on or before the last day of the month
21       in which the registration plate expires and shall be due for other vehicles
22       as provided by K.S.A. 8-134, and amendments thereto. If the registration
23       fee is not paid by such date a penalty of $1 shall be added to the fee
24       charged herein for each month or fraction thereof until such registration
25       fee is paid. Members of the armed forces of the United States shall be
26       permitted to apply for registration at any time and be subject to registra-
27       tion fee, less penalties, applicable at the time the application is made. If
28       any motorcycle, motorized bicycle, trailer, semitrailer, travel trailer, or
29       pole trailer is either purchased or acquired after the anniversary or re-
30       newal date in any registration year there shall immediately become due
31       and payable a registration fee as follows: If purchased or acquired be-
32       tween the anniversary or renewal date of any registration year and the
33       first six months of such registration year, the annual fee hereinbefore
34       provided; if purchased or acquired during the last six months of any reg-
35       istration year, 50% of such annual fee. If any truck or truck tractor, except
36       trucks subject to K.S.A. 8-134a, and amendments thereto, is purchased
37       or acquired prior to April 1 of any year the fee shall be the annual fee
38       hereinbefore provided, but if such truck or truck tractor is purchased or
39       acquired after the end of March of any year, the license fee for such year
40       shall be reduced 112 for each calendar month which has elapsed since the
41       beginning of the year. If any truck registered for a gross weight of 12,000
42       pounds or less or passenger vehicle is purchased or acquired and less than
43       12 months remain in the registration period, the fee shall be 112 of the

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  1       annual fee for each calendar month remaining in the registration period.
  2             (c) The owner of any motorcycle, motorized bicycle, passenger ve-
  3       hicle, truck, truck tractor, trailer, semitrailer, or electrically propelled ve-
  4       hicle who fails to pay the registration fee or fees herein provided on the
  5       date when the same become due and payable shall be guilty of a misde-
  6       meanor, and upon conviction thereof shall be subject to a penalty in the
  7       sum of $1 for each month or fraction thereof during which such fee has
  8       remained unpaid after it became due and payable; and in addition thereto
  9       shall be subject to such other punishment as is provided in this act. Upon
10       the transfer of motorcycles, motorized bicycles, passenger vehicles, trail-
11       ers, semitrailers, trucks or truck tractors, on which registration fees have
12       been paid for the year in which the transfer is made, either (A) to a
13       corporation by one or more persons, solely in exchange for stock or se-
14       curities in such corporation, or (B) by one corporation to another cor-
15       poration when all of the assets of such corporation are transferred to the
16       other corporation, then in either case (A) or case (B) the corporation shall
17       be exempt from the payment of registration fees on such vehicles for the
18       year in which such transfer is made. Applications for transfer or registra-
19       tion shall be accompanied by a fee of $1.50. When the registration of a
20       vehicle has expired at midnight on the last day of any registration year,
21       and such vehicle is not thereafter operated upon the highways, any ap-
22       plication for renewal of registration made subsequent to the anniversary
23       or renewal date of any registration year following the expiration of such
24       registration and for succeeding registration years in which such vehicle
25       has not been registered shall be accompanied by an affidavit of nonoper-
26       ation and nonuse, and such application for renewal or registration shall
27       be received by the division of vehicles upon payment of the proper fees
28       for the current registration year and without penalty.
29             (3) Any nonresident of Kansas purchasing a vehicle from a Kansas
30       resident and desiring to secure registration on the vehicle in the state of
31       such person's residence may make application in the office of any county
32       treasurer for a thirty-day temporary registration. The county treasurer
33       upon presentation of evidence of ownership in the applicant and evidence
34       the sales tax has been paid, if due, shall charge and collect a fee of $3 for
35       each thirty-day temporary license and issue a sticker or paper registration
36       as may be determined by the director of vehicles, and the registration so
37       issued shall be valid for a period of 30 days from the date of issuance.
38             (4) Any owner of any motor vehicle which is subject to taxation under
39       the provisions of article 51 of chapter 79 of the Kansas Statutes Annotated
40       or any other truck or truck tractor where the annual registration fee has
41       been paid and the vehicle is sold, junked, repossessed, foreclosed by a
42       mechanic's lien or title transferred by operation of law, and the registra-
43       tion thereon is not going to be transferred to another vehicle may secure

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  1       a refund for the registration fee for the remaining portion of the year by
  2       making application to the division of vehicles on a form and in the manner
  3       prescribed by the director of vehicles, accompanied by all license plates
  4       and attachments issued in connection therewith. If the owner of the reg-
  5       istration becomes deceased and the vehicle is not going to be used on the
  6       highway, and title is not being currently transferred, the proper repre-
  7       sentative of the estate shall be entitled to the refund. The refund shall be
  8       made only for the period of time remaining in the registration year from
  9       the date of completion and filing of the application with and delivery of
10       the license plate or plates and attachments to the division of vehicles.
11       Where the registration is secured under a quarterly payment annual reg-
12       istration fee, as provided for in K.S.A. 8-143a, and amendments thereto,
13       such refund shall be made on the quarterly fee paid and unused and all
14       remaining quarterly payments shall be canceled. Any truck or truck trac-
15       tor having the registration fee paid on quarterly payment basis, all quar-
16       terly payments due or a fraction of quarterly payment due shall be paid
17       before title may be transferred, except that in case of death, the filing of
18       the application and returning of the license plate and attachment shall
19       cancel the remaining annual payments due. Whenever a truck or truck
20       tractor, where the registration is secured on a quarterly payment of the
21       annual registration, the one repossessing the truck or truck tractor, or
22       foreclosing by a mechanic's lien, or securing title by court order, the
23       mortgagor or the assigns of the mortgagor, or the one securing title may
24       pay the balance due on date of application for title, but the payments for
25       the remaining portion of the year shall not be canceled unless application
26       is made and the license plate and attachments are surrendered. Nothing
27       in this subsection shall apply when registration is secured under the pro-
28       visions of K.S.A. 8-1,101 to 8-1,123, inclusive, and amendments thereto.
29       Notwithstanding any of the foregoing provisions of this section, no refund
30       shall be made under the provisions of this section where the amount
31       thereof does not exceed $5. The division of vehicles shall furnish such
32       blank forms as may be required under the provisions of this subsection
33       as it deems necessary to be completed by the applicant. Whenever a
34       registration which has been secured on a quarterly basis shall be canceled
35       as provided in this subsection, the division of vehicles shall notify the
36       county treasurer issuing the original registration of such cancellation so
37       that the county treasurer may, and the county treasurer shall cancel the
38       registration of such vehicle in the county treasurer's office and release
39       any lien issued in connection with such registration.
40             (5) Every owner of a travel trailer designed for or intended to be
41       moved upon any highway in this state shall, before the same is so moved,
42       apply for and obtain the proper registration thereof as provided in this
43       act, except when such unit is permitted to be moved under the special

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  1       provisions relating to secured parties, manufacturers, dealers and non-
  2       residents contained in this act. At the time of registering any travel trailer
  3       for the purpose of moving any such vehicle upon any highway in this
  4       state, the owner thereof shall indicate on the registration form whether
  5       or not such vehicle is being moved permanently to a location outside of
  6       the county in which such vehicle is being registered. No such vehicle
  7       which the owner thereof intends to move to a permanent location outside
  8       the boundaries of such county shall be registered for movement on the
  9       highways of this state until all taxes levied against such vehicle have been
10       paid. A copy of such registration form shall be sent to the county clerk
11       or assessor of the county to which such vehicle is being moved. When
12       such travel trailer is used for living quarters and not operated on the
13       highways, the owner shall be exempt from the license fees as provided in
14       paragraph (a) of subsection (2) so long as such travel trailer is not operated
15       on the highway.
16             Sec.  9. K.S.A. 1998 Supp. 8-145 is hereby amended to read as fol-
17       lows: 8-145. (a) All registration and certificates of title fees shall be paid
18       to the county treasurer of the county in which the applicant for registra-
19       tion resides or has an office or principal place of business within this state,
20       and the county treasurer shall issue a receipt in triplicate, on blanks fur-
21       nished by the division of vehicles, one copy of which shall be filed in the
22       county treasurer's office, one copy shall be delivered to the applicant and
23       the original copy shall be forwarded to the director of vehicles.
24             (b) The county treasurer shall deposit $.75 of each license applica-
25       tion, $.75 out of each application for transfer of license plate or plates
26       and $2 out of each application for a certificate of title, collected by such
27       treasurer under this act, in a special fund, which fund is hereby appro-
28       priated for the use of the county treasurer in paying for necessary help
29       and expenses incidental to the administration of duties in accordance with
30       the provisions of this law and extra compensation to the county treasurer
31       for the services performed in administering the provisions of this act,
32       which compensation shall be in addition to any other compensation pro-
33       vided by any other law, except that the county treasurer shall receive as
34       additional compensation for administering the motor vehicle title and
35       registration laws and fees, a sum computed as follows: The county trea-
36       surer, during the month of December, shall determine the amount to be
37       retained for extra compensation not to exceed the following amounts each
38       year for calendar year 1990 or any calendar year thereafter: The sum of
39       $60 per hundred registrations for the first 5,000 registrations; the sum of
40       $45 per hundred registrations for the next 5,000 registrations; and the
41       sum of $2 per hundred registrations for all registrations thereafter. In no
42       event, however, shall any county treasurer be entitled to receive more
43       than $9,800 additional annual compensation.

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  1             If more than one person shall hold the office of county treasurer during
  2       any one calendar year, such compensation shall be prorated among such
  3       persons in proportion to the number of weeks served. The total amount
  4       of compensation paid the treasurer together with the amounts expended
  5       in paying for other necessary help and expenses incidental to the admin-
  6       istration of the duties of the county treasurer in accordance with the
  7       provisions of this act, shall not exceed the amount deposited in such spe-
  8       cial fund. Any balance remaining in such fund at the close of any calendar
  9       year shall be withdrawn and credited to the general fund of the county
10       prior to June 1 of the following calendar year.
11             (c) The county treasurer shall remit the remainder of all such fees
12       collected, together with the original copy of all applications, to the sec-
13       retary of revenue. Except as provided in subsection (d), all such fees
14       remitted to the secretary of revenue shall be deposited with the state
15       treasurer and credited to the state highway fund.
16             (d)  (1) On July 1, 1997, through June 30, 1999, $2.50 of each certif-
17       icate of title fee collected and remitted to the secretary of revenue, shall
18       be deposited with the state treasurer and credited to the Kansas highway
19       patrol motor vehicle fund, and, $1 of each certificate of title fee collected
20       and remitted to the secretary of revenue, shall be deposited with the state
21       treasurer and credited to the VIPS/CAMA technology hardware fund.
22             (2) For repossessed vehicles, $3 of each certificate of title fee col-
23       lected and remitted to the secretary of revenue, shall be deposited with
24       the state treasurer and credited to the repossessed certificates of title fee
25       fund.
26             Sec.  10. K.S.A. 8-145a is hereby amended to read as follows: 8-145a.
27       The county treasurer of any county who shall receive from any person,
28       as payment of the annual license fee for the registration of any motorcycle
29       or motor vehicle, a check on a bank in which such person has no money
30       on deposit or in which there is insufficient money on deposit for the
31       payment of such check upon its presentation, shall upon the return of
32       any such check by the bank notify the person uttering writing the same.
33       Such notice shall be given by first class mail and shall state that if within
34       seven (7) days of the date of mailing the notice, such person has not paid
35       the amount of the license fee, the sheriff will recover the registration
36       number license plate or plates for which the check was written and return
37       the same to the office of the county treasurer. If the amount of the license
38       fee is received in the office of the county treasurer within such seven (7)
39       days, the county treasurer shall return such insufficient or no-fund check
40       to the person from whom it was received: Provided,, except that nothing
41       in this act is to be construed to exclude criminal prosecutions as in other
42       cases involving insufficient or no-fund checks.
43             Sec.  11. K.S.A. 8-145b is hereby amended to read as follows: 8-145b.

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  1       If the full amount of the license fee for which an insufficient or no-fund
  2       check was given is not received in the office of the county treasurer, after
  3       the giving of notice, within the time hereinbefore prescribed, the county
  4       treasurer shall certify to the sheriff of the county, the name and address
  5       of the person uttering writing such insufficient or no-fund check together
  6       with the registration number and a description of the vehicle registered
  7       and it shall be the duty of the sheriff to recover the registration number
  8       license plate or plates for which such check was uttered: Provided, writ-
  9       ten, except that nothing in this act is to be construed to exclude criminal
10       prosecutions as in other cases involving insufficient or no-fund checks.
11             Sec.  12. K.S.A. 8-145c is hereby amended to read as follows: 8-145c.
12       The owner of any vehicle, the registration number license plate plates of
13       which such vehicle has been removed and recovered by the sheriff, may
14       complete the registration of such vehicle and receive such registration
15       number license plate or plates by paying to the county treasurer the full
16       amount of the license fee for the registration of such vehicle together
17       with a penalty in the amount of five dollars ($5) $5. The county treasurer
18       shall deposit two dollars and fifty cents ($2.50) $2.50 of each such penalty
19       in the salary fund of the county sheriff's department and two dollars and
20       fifty cents ($2.50) $2.50 of each such penalty in the special fund created
21       and established under the provisions of K.S.A. 8-145, and amendments
22       thereto.
23             Sec.  13. K.S.A. 8-147 is hereby amended to read as follows: 8-147.
24       As used in this section "license plate" means the plate or plates used to
25       externally evidence registration of a vehicle under chapter 8 of Kansas
26       Statutes Annotated. Prior to November 1 of each year, the director of
27       vehicles shall furnish the secretary of revenue with complete and detailed
28       specifications for the manufacture of all license plates and registration
29       decals, together with the number required for delivery in the succeeding
30       year for use during the following year, and the state corporation com-
31       mission shall furnish the secretary of revenue with complete and detailed
32       specifications for the manufacture of identification tags together with the
33       number required for delivery in the succeeding year for use in the fol-
34       lowing year. The secretary of revenue shall cause to be manufactured all
35       license plates and registration decals and state corporation commission
36       identification tags based on such specifications and estimates. For such
37       purpose, the secretary of revenue shall enter into a contract for the man-
38       ufacture of license plates, tags and decals with any organization or insti-
39       tution designated in K.S.A. 39-1208, and amendments thereto. Any such
40       contract may provide that the secretary of revenue shall furnish or cause
41       to be furnished the materials and supplies necessary for the manufacture
42       and distribution of license plates, tags and decals if, in the opinion of the
43       secretary of revenue, a reduction in the cost of manufacturing and dis-

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  1       tribution of the license plates, tags and decals under such contract will
  2       be achieved. Subject to the foregoing, the cost to the state for the man-
  3       ufacture of the license plates, tags and decals pursuant to any contract
  4       entered into under this section shall be substantially equivalent to such
  5       costs under prior contracts, with the cost of license plates increased in
  6       the amount of the cost of coating with reflective material, but any such
  7       contract shall not be subject to the provisions of K.S.A. 75-3739, and
  8       amendments thereto. Except as authorized by other provisions of law,
  9       license plates, beginning in the year in which new license plates are issued
10       pursuant to K.S.A. 8-132, and amendments thereto, shall be lettered,
11       numbered and designed as provided in this section. Each license plate
12       shall contain a combination of three letters followed by a combination of
13       three numerals. The secretary of revenue shall design decals to be affixed
14       to the license plates to identify the county by two letters chosen from the
15       name of the county distinctly indicative of the name of the county in
16       which the vehicle is registered and the date registration is to expire. The
17       letters and numerals of such license plates shall be in such contrast of
18       colors to the background of the license plate as to make such letters and
19       numerals easily read. As new license plates are issued, the face of every
20       license plate shall be completely coated with a reflective material. The
21       reflectorized material shall be of such nature as to provide effective and
22       dependable performance in the promotion of highway safety and vehicle
23       identification throughout the service period for which the license plates
24       are issued. The sum of $.50 shall be added to the cost of each reflectorized
25       license plate. The director shall change the color of such license plates
26       every time new license plates are issued under subsection (b) of K.S.A.
27       8-132, and amendments thereto. The quantity of license plates and reg-
28       istration decals to be furnished each county shall be computed upon the
29       basis of the number of motor vehicles registered and reregistered in such
30       county for the preceding year, and additional license plates and decals
31       shall be furnished as required. Any contract entered into pursuant to this
32       section for the manufacture of license plates and decals shall provide that
33       the license plates and decals, other than prorate license plates and prorate
34       backing plates, shall be shipped directly to the treasurer of the county
35       where they are to be used. Any such contract for the manufacture of state
36       corporation commission identification tags shall provide that such tags
37       shall be shipped directly to the state corporation commission.
38             Sec.  14. K.S.A. 8-147a is hereby amended to read as follows: 8-147a.
39       The provisions of K.S.A. 75-5277, and amendments thereto, shall not be
40       applicable to the manufacture of motor vehicle number license plates,
41       registration decals, prorate license and backing plates, highway signs and
42       markers and state corporation commission identification tags.
43             Sec.  15. K.S.A. 8-148 is hereby amended to read as follows: 8-148.

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  1       When application is made to any county treasurer for a motor-vehicle
  2       license, as provided in K.S.A. 8-130, and amendments thereto, the county
  3       treasurer shall designate upon such application and a receipt therefor the
  4       number of the tag license plate or plates issued, and shall deliver the tag
  5       license plate or plates at the time application is made. The names of
  6       registered owners of motor vehicles and the records in the office of the
  7       county treasurer shall at all times be open to inspection by the public.
  8             Sec.  16. K.S.A. 8-161 is hereby amended to read as follows: 8-161.
  9       (a) Any disabled veteran as defined in K.S.A. 8-160, and amendments
10       thereto, who resides in Kansas and who makes application to the director
11       of vehicles on a form furnished by the director for registration of a motor
12       vehicle that is a passenger vehicle or a truck with a gross weight of not
13       more than 12,000 pounds and is owned and used by such veteran may
14       have such motor vehicle registered, and the director shall issue a two
15       distinctive license plate plates for it such vehicle. Such license plate plates
16       shall be issued for the same period of time as other license plates are
17       issued. Such registration shall be made and such license plates issued free
18       of charge to the disabled veteran. The director of vehicles shall also issue
19       to the disabled veteran an individual identification card which must be
20       carried by the disabled veteran when the motor vehicle being operated
21       by the disabled veteran or used for the transportation of such disabled
22       veteran is parked in a designated accessible parking space.
23             (b) Any Kansas resident who owns a motor vehicle and who is re-
24       sponsible for the transportation of a disabled veteran or any resident dis-
25       abled veteran desiring a two distinctive license plate plates for a vehicle
26       other than a motor vehicle owned by the veteran may make application
27       to the director of vehicles for such a license plate plates. Such license
28       plate plates shall be issued for the same period of time as other license
29       plates are issued. There shall be no fee for such license plates in addition
30       to the regular registration fee.
31             (c) The director of vehicles shall design a special license plate plates
32       to be issued as provided in this act. No registration or license plates issued
33       under this act shall be transferable to any other person. No registration
34       under this act shall be made until the applicant has filed with the director
35       acceptable proof that the applicant is a disabled veteran as defined by
36       K.S.A. 8-160, and amendments thereto, or is responsible for the trans-
37       portation of such veteran. Motor vehicles displaying the distinctive license
38       plates provided for in this act shall be permitted to park in any parking
39       space on public or private property which is clearly marked as being
40       reserved for the use of persons with a disability or persons responsible
41       for the transportation of a person with a disability, except a parking space
42       on private property which is clearly marked as being reserved for the use
43       of a specified person with a disability, or park without charge in any

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  1       metered zone and shall be exempt from any time limitation imposed on
  2       parking in any zone designated for parking, during the hours in which
  3       parking is permitted in any city. License plates issued under this section
  4       shall be displayed as provided in K.S.A. 8-133, and amendments thereto.
  5             Any person who willfully and falsely represents that such person has
  6       the qualifications to obtain the distinctive license plates provided for by
  7       this section, or who falsely utilizes the parking privilege accorded by this
  8       section, shall be guilty of an unclassified misdemeanor punishable by a
  9       fine of not more than $250.
10             Sec.  17. K.S.A. 8-161b is hereby amended to read as follows: 8-161b.
11       Any such disabled citizens organization which makes application to the
12       division of vehicles of the Kansas department of revenue on a form pre-
13       scribed and furnished by said the division of registration of passenger
14       motor vehicles and trucks owned and used by said such organization shall
15       be entitled to have two (2) such passenger vehicles and two (2) trucks
16       registered, and the division shall issue distinctive license plates or tags for
17       each such motor vehicles vehicle. Such license plates or tags shall be
18       issued for the same period of time as other license plates or tags are
19       issued. Such registration shall be made and such license plates or tags
20       issued free of charge to such disabled citizens organization. Said The
21       division of vehicles shall design a special license plate or tag, and no plate
22       or tag license plate issued under authority of this act shall be transferable
23       to any other person, firm or corporation. Before such registration or is-
24       suance of license plates or tags shall be made, such disabled citizens or-
25       ganization shall have filed acceptable proof that it is duly authorized to
26       operate in the state of Kansas as a nonprofit organization and that it has
27       actually established and is operating such motor vehicle drivers training
28       courses for disabled citizens who are residents of this state. License plates
29       issued under this section shall be displayed as provided in K.S.A. 8-133,
30       and amendments thereto.
31             Sec.  18. K.S.A. 8-162 is hereby amended to read as follows: 8-162.
32       Owners of private passenger motor vehicles or trucks licensed for a gross
33       weight of not more than sixteen thousand (16,000) 16,000 pounds who
34       are residents of the state of Kansas, and who hold an unrevoked and
35       unexpired official amateur radio station license issued by the federal com-
36       munications commission, upon application, accompanied by proof of
37       ownership of such amateur radio station license, complying with the state
38       motor vehicle laws relating to registration and licensing of motor vehicles,
39       and upon the payment of the regular license fee for license plates, as
40       prescribed under K.S.A. 8-143, or any and amendments thereto, and the
41       payment of an additional fee of one dollar ($1.00) $1, shall be issued
42       license plates as prescribed under K.S.A. 8-147, or any and amendments
43       thereto, upon which, in lieu of the letters and numbers as prescribed by

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  1       K.S.A. 8-147, and amendments thereto, shall be inscribed the official am-
  2       ateur radio call letters of such applicant as assigned by the federal com-
  3       munications commission. Such license plates issued under this section
  4       shall be displayed as provided in K.S.A. 8-133, and amendments thereto.
  5             Sec.  19. K.S.A. 1998 Supp. 8-177a is hereby amended to read as
  6       follows: 8-177a. (a) Any owner of one or more passenger vehicles or trucks
  7       registered for a gross weight of not more than 16,000 pounds who is a
  8       resident of the state of Kansas, and who is a regularly enlisted or retired,
  9       warrant or commissioned member of the Kansas national guard, upon
10       compliance with the provisions of this section, may be issued one two
11       distinctive license plate plates for each such motor vehicle or truck that
12       is not required to be registered with the state corporation commission
13       designating the owner of such vehicle as a member or retired member
14       of the Kansas national guard. Such license plates shall be issued for the
15       same period of time as other license plates upon proper registration and
16       payment of the regular license fee as provided in K.S.A. 8-143, and
17       amendments thereto. License plates issued under this section shall be
18       displayed as provided in K.S.A. 8-133, and amendments thereto.
19             (b) Any such member or retired member of the Kansas national guard
20       may make application for such distinctive license plates, not less than 60
21       days prior to such member's renewal of registration date, on a form fur-
22       nished by the director of vehicles, and any applicant for such distinctive
23       license plates shall furnish the director with such applicant's armed forces
24       of the United States identification card as proof that the applicant is a
25       member or a retired member of the Kansas national guard. Application
26       for the registration of passenger vehicles or trucks and issuance of the
27       distinctive license plates under this section shall be made by the owner
28       in a manner prescribed by the director of vehicles upon forms furnished
29       by the director.
30             (c) No registration or distinctive license plate plates issued under this
31       section shall be transferable to any other person.
32             (d) Renewals of registration under this section shall be made an-
33       nually, upon payment of the fee prescribed in subsection (a), in the man-
34       ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
35       thereto. No renewal of registration shall be made to any applicant until
36       such applicant has filed with the director a form as provided in subsection
37       (b). If such form is not filed, the applicant shall be required to comply
38       with K.S.A. 8-143, and amendments thereto, and return the distinctive
39       license plates to the county treasurer of such person's residence.
40             (e) The adjutant general, with the approval of the director of vehicles
41       and subject to the availability of materials and equipment, shall design a
42       distinctive license plate for issuance to members and retired members of
43       the Kansas national guard.

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  1             Sec.  20. K.S.A. 1998 Supp. 8-177c is hereby amended to read as
  2       follows: 8-177c. (a) As used in this section, "prisoner of war" means any
  3       person who was held as a prisoner of war while serving in the army, navy,
  4       coast guard, air force or marine corps of the United States in World War
  5       I or World War II or while serving with the armed forces of the United
  6       States during the military, naval and air operations in Korea, Viet Nam
  7       Vietnam or other places under the flags of the United States and the
  8       United Nations or under the flag of the United States alone.
  9             (b) Any owner of a passenger vehicle or truck of gross weight of
10       12,000 pounds or less, who is a resident of the state of Kansas, and who
11       submits satisfactory proof to the director of vehicles, in accordance with
12       rules and regulations adopted by the secretary of revenue, that such per-
13       son is a former prisoner of war or is the surviving spouse of a former
14       prisoner of war, may, upon compliance with the provisions of this section,
15       be issued one two distinctive license plate plates designating such person
16       as a prisoner of war. The license plate plates shall be issued for the same
17       period of time as other license plates are issued upon proper registration
18       without payment of the regular license fee as provided in K.S.A. 8-143,
19       and amendments thereto. Only one two distinctive license plate plates
20       may be issued to any prisoner of war or surviving spouse of a prisoner of
21       war, to be displayed on such a vehicle owned by such person. License
22       plates issued under this section shall be displayed as provided in K.S.A.
23       8-133, and amendments thereto.
24             (c) Any prisoner of war or surviving spouse of a prisoner of war may
25       make application for the distinctive license plate plates, not less than 60
26       days prior to such person's renewal of registration date, on a form pre-
27       scribed and furnished by the director of vehicles, and any applicant for
28       the distinctive license plate plates shall furnish the director with such
29       proof as the director shall require that the applicant was a prisoner of war
30       or is the surviving spouse of a prisoner of war. Application for the regis-
31       tration of a passenger vehicle or truck and issuance of the distinctive
32       license plate plates under the provisions of this section shall be made by
33       the owner in a manner prescribed by the director of vehicles upon the
34       appropriate form furnished by the director.
35             (d) Any registration or distinctive license plate plates issued under
36       the authority of this section shall not be transferable to any other person,
37       except to the surviving spouse of a prisoner of war.
38             (e) Renewals of registration hereunder shall be made annually, with-
39       out charge, in the manner prescribed in subsection (b) of K.S.A. 8-132,
40       and amendments thereto. No renewal of registration shall be made to
41       any applicant until the applicant has filed with the director a form as
42       provided in subsection (c). If the form is not filed, the applicant shall be
43       required to register the motor vehicle as provided in K.S.A. 8-143, and

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  1       amendments thereto, and return the distinctive license plate plates to the
  2       county treasurer.
  3             (f) The rights of the surviving spouse of a prisoner of war under this
  4       section shall terminate upon remarriage of such person.
  5             (g) Nothing in this section shall authorize the surviving spouse of a
  6       prisoner of war to be issued a distinctive license plate plates under this
  7       section, unless the deceased prisoner of war had already been issued such
  8       distinctive license plate plates.
  9             Sec.  21. K.S.A. 8-195 is hereby amended to read as follows: 8-195.
10       (a) Any person who is the owner of a special interest vehicle or street rod
11       vehicle at the time of making application for registration or transfer of
12       title of the vehicle may upon application register the same as a special
13       interest vehicle or street rod vehicle upon payment of an annual fee of
14       $26 and be furnished each year upon the payment of such fee license
15       plates of a distinctive design in lieu of the usual license plates which shall
16       show in addition to the identification number, that the vehicle is a special
17       interest vehicle or that the vehicle is a special interest vehicle and it meets
18       the qualifications of a street rod, as the case may be, owned by a Kansas
19       collector. The registration shall be valid for one year and may be renewed
20       by payment of such annual fee. Special interest vehicles including street
21       rod vehicles may be used as are other vehicles of the same type, except
22       that special interest vehicles including street rod vehicles may not trans-
23       port passengers for hire, nor haul material weighing more than 500
24       pounds.
25             (b) Each collector applying for special interest vehicle or street rod
26       vehicle license plates will be issued a collector's identification number
27       which will appear on each license plate. Second and all subsequent reg-
28       istrations under this section by the same collector will bear the same
29       collector's identification number followed by a suffix letter for vehicle
30       identification.
31             (c) A collector must own and have registered one or more vehicles
32       with regular license plates which are used for regular transportation.
33             (d) License plates issued under this section shall be displayed as pro-
34       vided in K.S.A. 8-133, and amendments thereto.
35             Sec.  22. K.S.A. 1998 Supp. 8-1,125 is hereby amended to read as
36       follows: 8-1,125. (a) Any Kansas resident who submits satisfactory proof
37       to the director of vehicles, on a form provided by the director, that such
38       person is a person with a disability or is responsible for the transportation
39       of a person with a disability shall be issued a special license plate plates
40       or a permanent placard for any motor vehicle owned by such person or
41       shall be issued a temporary placard. Satisfactory proof of disability, con-
42       dition or impairment shall include a statement from a person licensed to
43       practice the healing arts in this state, a licensed optometrist or a Christian

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  1       Science practitioner listed in The Christian Science Journal certifying that
  2       such person is a person with a disability. The placard shall be suspended
  3       immediately below the rear view mirror of any motor vehicle used for
  4       the transportation of a person with a disability so as to be maximally visible
  5       from outside the vehicle. In addition to the special license plate plates or
  6       permanent placard, the director of vehicles shall issue to the person with
  7       a disability an individual identification card which must be carried by the
  8       person with a disability when the motor vehicle being operated by or used
  9       for the transportation of such person is parked in accordance with the
10       provisions of K.S.A. 8-1,126, and amendments thereto. In addition to the
11       temporary placard, a person issued such temporary placard shall carry the
12       state or county receipt showing the name of the person who is issued
13       such temporary placard. A person submitting satisfactory proof that such
14       person's disability, condition or impairment is permanent in nature, and
15       upon such person's request and payment of the fees prescribed in sub-
16       sections (b) and (c), shall be issued a permanent placard or a permanent
17       placard and a special license plate plates and an individual identification
18       card. Upon proper request, one additional permanent placard shall be
19       issued to the applicant who has not requested and received a special
20       license plate plates. Upon proper request, one additional temporary plac-
21       ard shall be issued to the applicant certified as temporarily disabled. Tem-
22       porary placards shall have an expiration date of not longer than six months
23       from the date of issuance. The special license plates and placards shall
24       display the international symbol of access to the physically disabled.
25             (b) Special license plates issued pursuant to this section shall be is-
26       sued for the same period of time as other license plates are issued or for
27       the remainder of such period if an existing license plate is plates are to
28       be exchanged for the special license plate plates. There shall be no fee
29       for such special license plates in addition to the regular registration fee.
30       No person shall be issued more than one special license plate Only two
31       special license plates shall be issued to any person to be displayed on a
32       vehicle owned by such person, except that agencies or businesses which
33       provide transportation for persons with a disability as a service, may obtain
34       additional special license plates for vehicles which are utilized in the pro-
35       vision of that service. Special license plates may be personalized license
36       plates subject to the provisions of K.S.A. 8-132, and amendments thereto,
37       including the payment of the additional fee. License plates issued under
38       this section shall be displayed as provided in K.S.A. 8-133, and amend-
39       ments thereto.
40             (c) Except as otherwise provided in this section, placards and indi-
41       vidual identification cards issued pursuant to this section shall be issued
42       for such period of time as the person to whom issued continues to be a
43       person with a disability or a person responsible for the transportation of

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  1       a person with a disability, except that the secretary of revenue shall make
  2       a determination of continued eligibility for a special license plate plates
  3       or placard at least every three years from the original date of issuance of
  4       such license plate plates and placard. The secretary of revenue may adopt
  5       rules and regulations prescribing a fee for placards and individual iden-
  6       tification cards issued pursuant to this section, however, such fee shall
  7       not exceed the actual cost of issuance thereof.
  8             (d) On and after July 1, 1992, the color of the permanent placard
  9       shall be white on a blue background and the temporary placard shall be
10       white on a red background.
11             (e) Permanent placards and individual identification cards shall be
12       returned to the department of revenue upon the death of the person with
13       a disability. Temporary placards shall be returned to the department of
14       revenue upon the expiration of the placard or upon the death of the
15       person with a disability. Special license plates shall be returned to the
16       county treasurer to be exchanged for another other license plate plates
17       upon the death of the person with a disability. The individual identifica-
18       tion cards issued with the special license plates shall be returned to the
19       department of revenue upon the death of the person with a disability.
20             (f) Violation of subsection (e) is an unclassified misdemeanor punish-
21       able by a fine of not more than $50.
22             Sec.  23. K.S.A. 8-1,126 is hereby amended to read as follows: 8-
23       1,126. When a motor vehicle which bears a special license plate plates or
24       placard issued pursuant to K.S.A. 8-1,125, and amendments thereto, is
25       being operated by or used for the transportation of a person with a dis-
26       ability, such motor vehicle:
27             (a) May be parked in any parking space, whether on public or private
28       property, which is clearly marked as being reserved for the use of persons
29       with a disability or persons responsible for the transportation of a person
30       with a disability, except a parking space on private property which is
31       clearly marked as being reserved for the use of a specified person with a
32       disability;
33             (b) may be parked for an unlimited period in any parking zone which
34       is restricted as to the length of parking time permitted, except where
35       stopping, standing or parking is prohibited to all vehicles, where parking
36       is reserved for special types of vehicles or where parking would clearly
37       present a traffic hazard; and
38             (c) shall be exempt from any parking meter fees of the state or any
39       city, county or other political subdivision.
40             Sec.  24. K.S.A. 1998 Supp. 8-1,129 is hereby amended to read as
41       follows: 8-1,129. (a) Except when necessary to avoid conflict with other
42       traffic, or in compliance with the law or the directions of a law enforce-
43       ment officer or official traffic-control device, no person shall:

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  1             (1) Stop, stand or park a vehicle, as defined in K.S.A. 8-126 and
  2       amendments thereto, in any parking space designated as accessible park-
  3       ing without having a special license plate plates, a permanent placard or
  4       disabled veteran license plate plates and an individual identification card,
  5       or a valid temporary placard;
  6             (2) stop, stand or park a vehicle so that it blocks an access entrance;
  7       or
  8             (3) stop, stand or park a vehicle in an access aisle between or beside
  9       a designated accessible parking space.
10             (b) Violation of subsection (a) is an unclassified misdemeanor pun-
11       ishable by a fine of not less than $50 nor more than $100.
12             (c) The provisions of subsection (a) shall be enforced by law enforce-
13       ment officers on public and private property.
14             Sec.  25. K.S.A. 8-1,130 is hereby amended to read as follows: 8-
15       1,130. (a) Any person who willfully and falsely represents that such person
16       has the qualifications to obtain a special license plate plates, a permanent
17       placard and an individual identification card or temporary placard pur-
18       suant to this act shall be guilty of a class C misdemeanor.
19             (b) Any licensee of the healing arts or Christian Science practitioner
20       who willfully and falsely certifies that a person has the qualifications to
21       obtain a special license plate plates, a permanent placard and an individual
22       identification card or temporary placard pursuant to this act shall be guilty
23       of a class C misdemeanor.
24             Sec.  26. K.S.A. 8-1,133 is hereby amended to read as follows: 8-
25       1,133. Every dealer engaged in the retail sale of motor-vehicle fuels at
26       any service station providing facilities for both self-service and full-service
27       sales shall require any attendant whose duties include the dispensing of
28       motor-vehicle fuels at full-service facilities to dispense motor-vehicle fuels
29       into any motor vehicle parked at a self-service facility which displays a
30       license plate plates issued to a disabled veteran pursuant to K.S.A. 8-161,
31       and amendments thereto, or a license plate plates or placard issued to a
32       person with a disability pursuant to K.S.A. 8-1,125, and amendments
33       thereto, and such disabled veteran or person with a disability operating
34       such motor vehicle is not accompanied by a person capable of dispensing
35       motor-vehicle fuels. The price charged for such motor-vehicle fuel shall
36       be the price charged the general public for motor-vehicle fuels dispensed
37       at such self-service facility. Such service shall be provided only during
38       hours in which full-service sales are offered to the general public and
39       such attendant shall not be required to perform other services which are
40       offered only at full-service facilities.
41             Sec.  27. K.S.A. 8-1,139 is hereby amended to read as follows: 8-
42       1,139. (a) Any owner of a passenger vehicle or truck of a gross weight of
43       12,000 pounds or less, who is a resident of the state of Kansas, and who

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  1       submits satisfactory proof to the director of vehicles, in accordance with
  2       rules and regulations adopted by the secretary of revenue, that such per-
  3       son is a survivor of the attack on Pearl Harbor, upon compliance with the
  4       provisions of this section, may be issued one two distinctive license plate
  5       plates designating such person as a survivor of the attack on Pearl Harbor.
  6       Such license plate plates shall be issued for the same period of time as
  7       other license plates upon proper registration and payment of the regular
  8       license fee as provided in K.S.A. 8-143, and amendments thereto. License
  9       plates issued under this section shall be displayed as provided in K.S.A.
10       8-133, and amendments thereto.
11             (b) Any person making application for a survivor of the attack on Pearl
12       Harbor license plate must comply with the following:
13             (1) Was a member of the United States armed forces on December
14       7, 1941;
15             (2) was on station on December 7, 1941, during the hours of 7:55
16       a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu or
17       offshore at a distance not to exceed three miles therefrom;
18             (3) received an honorable discharge from the United States armed
19       forces; and
20             (4) has been approved by the chairperson of the Kansas Pearl Harbor
21       survivors association as being a survivor of the attack on Pearl Harbor.
22             (c) Any survivor of the attack on Pearl Harbor may make application
23       for the distinctive license plate plates, not less than 60 days prior to such
24       person's renewal of registration date, on a form prescribed and furnished
25       by the director of vehicles, and any application for the distinctive license
26       plate plates shall furnish the director with such proof as the director shall
27       require that the applicant was a survivor of the attack on Pearl Harbor.
28       Application for the registration of a passenger vehicle or truck and issu-
29       ance of the license plate plates under this section shall be made by the
30       owner in a manner prescribed by the director of vehicles upon forms
31       furnished by the director.
32             (d) No registration or distinctive license plate plates issued under the
33       authority of this section shall be transferable to any other person.
34             (e) Renewals of registration under this section shall be made an-
35       nually, upon payment of the fee prescribed in subsection (a), in the man-
36       ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
37       thereto. No renewal of registration shall be made to any applicant until
38       such applicant has filed with the director a form as provided in subsection
39       (c). If such form is not filed, the applicant shall be required to comply
40       with K.S.A. 8-143, and amendments thereto, and return the distinctive
41       license plate plates to the county treasurer of such person's residence.
42             Sec.  28. K.S.A. 1998 Supp. 8-1,140 is hereby amended to read as
43       follows: 8-1,140. (a) Any owner of one or more passenger vehicles or

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  1       trucks of a gross weight of 12,000 pounds or less, who is a resident of the
  2       state of Kansas, and who submits satisfactory proof to the director of
  3       vehicles, in accordance with rules and regulations adopted by the secre-
  4       tary of revenue, that such person was awarded a purple heart medal by
  5       the United States government for wounds received in military or naval
  6       combat against an armed enemy of the United States, upon compliance
  7       with the provisions of this section, may be issued one two distinctive
  8       license plate plates for each such passenger vehicle or truck designating
  9       such person as a recipient of the purple heart medal. Such license plates
10       shall be issued for the same period of time as other license plates upon
11       proper registration and payment of the regular license fee as provided in
12       K.S.A. 8-143, and amendments thereto. License plates issued under this
13       section shall be displayed as provided in K.S.A. 8-133, and amendments
14       thereto.
15             (b) Any recipient of the purple heart medal may make application for
16       the distinctive license plates, not less than 60 days prior to such person's
17       renewal of registration date, on a form prescribed and furnished by the
18       director of vehicles, and any applicant for the distinctive license plates
19       shall furnish the director with such proof as the director shall require that
20       the applicant was a recipient of the purple heart medal. Application for
21       the registration of a passenger vehicle or truck and issuance of the license
22       plates under this section shall be made by the owner in a manner pre-
23       scribed by the director of vehicles upon forms furnished by the director.
24             (c) No registration or distinctive license plates issued under the au-
25       thority of this section shall be transferable to any other person.
26             (d) Renewals of registration under this section shall be made an-
27       nually, upon payment of the fee prescribed in subsection (a), in the man-
28       ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
29       thereto. No renewal of registration shall be made to any applicant until
30       such applicant has filed with the director a form as provided in subsection
31       (b). If such form is not filed, the applicant shall be required to comply
32       with K.S.A. 8-143, and amendments thereto, and return the distinctive
33       license plates to the county treasurer of such person's residence.
34             Sec.  29. K.S.A. 1998 Supp. 8-1,142 is hereby amended to read as
35       follows: 8-1,142. (a) As used in this section, "educational institution"
36       means:
37             (1) Any state educational institution under the control and supervi-
38       sion of the state board of regents;
39             (2) any qualified institution as defined in K.S.A. 72-6107, and amend-
40       ments thereto;
41             (3) any community college organized and operating under the laws
42       of this state; and
43             (4) Haskell Indian Nations university.

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  1             (b) Any owner of one or more passenger vehicles or trucks registered
  2       for a gross weight of not more than 12,000 pounds who is a resident of
  3       Kansas, upon compliance with the provisions of this section, may be is-
  4       sued one two educational institution license plate plates for each such
  5       passenger vehicle or truck. Such license plates shall be issued for the
  6       same period of time as other license plates upon proper registration and
  7       payment of the regular license fee as provided in K.S.A. 8-143, and
  8       amendments thereto, plus the payment of an additional fee of $5 for each
  9       plate, and the presentation of the annual emblem use authorization state-
10       ment provided for in subsection (c). License plates issued under this sec-
11       tion shall be displayed as provided in K.S.A. 8-133, and amendments
12       thereto.
13             (c) Any educational institution may authorize through its officially
14       recognized alumni association or foundation the use of such institution's
15       official emblems to be affixed on license plates as provided by this section.
16       Any royalty payment to such alumni association or foundation derived
17       from this section, except reasonable administrative costs, shall be used
18       for recognition of academic achievement or excellence subject to the ap-
19       proval of the chancellor or president of the educational institution. Any
20       motor vehicle owner may annually apply to the alumni association or
21       foundation for the use of the institution's emblems. Upon annual appli-
22       cation and payment to the alumni association or foundation in an amount
23       of not less than $25 nor more than $100 as an emblem use royalty pay-
24       ment for each set of educational institution license plate plates to be
25       issued, the alumni association or foundation shall issue to the motor ve-
26       hicle owner, without further charge, an emblem use authorization state-
27       ment, which shall be presented by the motor vehicle owner at the time
28       of registration.
29             (d) Any applicant for an educational institution license plate may
30       make application for such plates not less than 60 days prior to such per-
31       son's renewal of registration date, on a form prescribed and furnished by
32       the director of vehicles, and any applicant for the educational institution
33       license plates shall provide the annual emblem use authorization state-
34       ment provided for in subsection (c). Application for registration of a pas-
35       senger vehicle or truck and issuance of the license plates under this sec-
36       tion shall be made by the owner in a manner prescribed by the director
37       of vehicles upon forms furnished by the director.
38             (e) No registration or educational institution license plate plates is-
39       sued under this section shall be transferable to any other person.
40             (f) Renewals of registration under this section shall be made annually,
41       upon payment of the fee prescribed in subsection (b), in the manner
42       prescribed in subsection (b) of K.S.A. 8-132, and amendments thereto.
43       No renewal of registration shall be made to any applicant until such ap-

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  1       plicant provides the annual emblem use authorization statement provided
  2       for in subsection (c). If such emblem use authorization statement is not
  3       presented at the time of registration, the applicant shall be required to
  4       comply with K.S.A. 8-143, and amendments thereto, and return the ed-
  5       ucational institution license plates to the county treasurer of such person's
  6       residence.
  7             (g) The director of vehicles shall not issue any educational institution
  8       license plates for any educational institution, unless such educational in-
  9       stitution's alumni association or foundation guarantees the initial issuance
10       of at least 500 license plates.
11             (h) Each educational institution's alumni association or foundation
12       shall:
13             (1) Pay the initial cost of silk-screening for such educational license
14       plates; and
15             (2) provide to all county treasurers a toll-free telephone number
16       where applicants can call the alumni association or foundation for infor-
17       mation concerning the application process or the status of their license
18       plate application.
19             (i) Each educational institution's alumni association or foundation,
20       with the approval of the director of vehicles and subject to the availability
21       of materials and equipment, shall design a license plate to be issued under
22       the provisions of this section.
23             Sec.  30. K.S.A. 1998 Supp. 8-1,145 is hereby amended to read as
24       follows: 8-1,145. (a) On and after January 1, 2001, any owner of one or
25       more passenger vehicles or trucks of a gross weight of 12,000 pounds or
26       less, who is a resident of the state of Kansas, and who submits satisfactory
27       proof to the director of vehicles, in accordance with rules and regulations
28       adopted by the secretary of revenue, that such person was awarded the
29       congressional medal of honor, upon compliance with the provisions of
30       this section, may be issued one two distinctive license plate plates for
31       each such passenger vehicle or truck designating such person as a recip-
32       ient of the congressional medal of honor. Such license plates shall be
33       issued for the same period of time as other license plates upon proper
34       registration and without payment of the regular license fee as provided
35       in K.S.A. 8-143, and amendments thereto. License plates issued under
36       this section shall be displayed as provided in K.S.A. 8-133, and amend-
37       ments thereto.
38             (b) Any recipient of the congressional medal of honor may make ap-
39       plication for the distinctive license plates, not less than 60 days prior to
40       such person's renewal of registration date, on a form prescribed and fur-
41       nished by the director of vehicles, and any applicant for the distinctive
42       license plates shall furnish the director with such proof as the director
43       shall require that the applicant was a recipient of the congressional medal

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  1       of honor. Application for the registration of a passenger vehicle or truck
  2       and issuance of the license plates under this section shall be made by the
  3       owner in a manner prescribed by the director of vehicles upon forms
  4       furnished by the director.
  5             (c) No registration or distinctive license plates issued under the au-
  6       thority of this section shall be transferable to any other person.
  7             (d) Renewals of registration under this section shall be made an-
  8       nually, without charge, in the manner prescribed in subsection (b) of
  9       K.S.A. 8-132, and amendments thereto. No renewal of registration shall
10       be made to any applicant until such applicant has filed with the director
11       a form as provided in subsection (b). If such form is not filed, the applicant
12       shall be required to comply with K.S.A. 8-143, and amendments thereto,
13       and return the distinctive license plates to the county treasurer of such
14       person's residence.
15             Sec.  31. K.S.A. 1998 Supp. 8-1,146 is hereby amended to read as
16       follows: 8-1,146. (a) Any owner of one or more passenger vehicles or
17       trucks of a gross weight of 12,000 pounds or less, who is a resident of the
18       state of Kansas, and who submits satisfactory proof to the director of
19       vehicles, in accordance with rules and regulations adopted by the secre-
20       tary of revenue, that such person has proof of having served and is des-
21       ignated as a veteran, and has had an honorable discharge from the United
22       States army, navy, air force, marine corps, coast guard or merchant ma-
23       rines, upon compliance with the provisions of this section, may be issued
24       one two distinctive license plate plates for each such passenger vehicle
25       or truck designating such person as an United States military veteran.
26       Such license plates shall be issued for the same period of time as other
27       license plates upon proper registration and payment of the regular license
28       fee as provided in K.S.A. 8-143, and amendments thereto. License plates
29       issued under this section shall be displayed as provided by K.S.A. 8-133,
30       and amendments thereto.
31             (b) Any person who is a veteran of the United States army, navy, air
32       force, marine corps, coast guard or merchant marines may make appli-
33       cation for such distinctive license plates, not less than 60 days prior to
34       such person's renewal of registration date, on a form prescribed and fur-
35       nished by the director of vehicles, and any applicant for the distinctive
36       license plates shall furnish the director with proof as the director shall
37       require that the applicant is a veteran of the United States army, navy,
38       air force, marine corps, coast guard or merchant marines. Application for
39       the registration of a passenger vehicle or truck and issuance of the license
40       plates under this section shall be made by the owner in a manner pre-
41       scribed by the director of vehicles upon forms furnished by the director.
42             (c) No registration of distinctive license plates issued under the au-
43       thority of this section shall be transferable to any other person.

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  1             (d) Renewals of registration under this section shall be made an-
  2       nually, upon payment of the fee prescribed in subsection (a), in the man-
  3       ner prescribed in subsection (b) of K.S.A. 8-132, and amendments
  4       thereto. No renewal of registration shall be made to any applicant until
  5       such applicant has filed with the director a form as provided in subsection
  6       (b). If such form is not filed, the applicant shall be required to comply
  7       with K.S.A. 8-143, and amendments thereto, and return the distinctive
  8       license plates to the county treasurer of such person's residence.
  9             Sec.  32. K.S.A. 1998 Supp. 8-1567 is hereby amended to read as
10       follows: 8-1567. (a) No person shall operate or attempt to operate any
11       vehicle within this state while:
12             (1) The alcohol concentration in the person's blood or breath as
13       shown by any competent evidence, including other competent evidence,
14       as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amend-
15       ments thereto, is .08 or more;
16             (2) the alcohol concentration in the person's blood or breath, as meas-
17       ured within two hours of the time of operating or attempting to operate
18       a vehicle, is .08 or more;
19             (3) under the influence of alcohol to a degree that renders the person
20       incapable of safely driving a vehicle;
21             (4) under the influence of any drug or combination of drugs to a
22       degree that renders the person incapable of safely driving a vehicle; or
23             (5) under the influence of a combination of alcohol and any drug or
24       drugs to a degree that renders the person incapable of safely driving a
25       vehicle.
26             (b) No person shall operate or attempt to operate any vehicle within
27       this state if the person is a habitual user of any narcotic, hypnotic, som-
28       nifacient or stimulating drug.
29             (c) If a person is charged with a violation of this section involving
30       drugs, the fact that the person is or has been entitled to use the drug
31       under the laws of this state shall not constitute a defense against the
32       charge.
33             (d) Upon a first conviction of a violation of this section, a person shall
34       be guilty of a class B, nonperson misdemeanor and sentenced to not less
35       than 48 consecutive hours nor more than six months' imprisonment, or
36       in the court's discretion 100 hours of public service, and fined not less
37       than $200 nor more than $500. The person convicted must serve at least
38       48 consecutive hours' imprisonment or 100 hours of public service either
39       before or as a condition of any grant of probation or suspension, reduction
40       of sentence or parole. In addition, the court shall enter an order which
41       requires that the person enroll in and successfully complete an alcohol
42       and drug safety action education program or treatment program as pro-
43       vided in K.S.A. 8-1008, and amendments thereto, or both the education

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  1       and treatment programs.
  2             (e) On a second conviction of a violation of this section, a person shall
  3       be guilty of a class A, nonperson misdemeanor and sentenced to not less
  4       than 90 days nor more than one year's imprisonment and fined not less
  5       than $500 nor more than $1,000. The five days' imprisonment mandated
  6       by this subsection may be served in a work release program only after
  7       such person has served 48 consecutive hours' imprisonment, provided
  8       such work release program requires such person to return to confinement
  9       at the end of each day in the work release program. Except as provided
10       in subsection (g), the person convicted must serve at least five consecutive
11       days' imprisonment before the person is granted probation, suspension
12       or reduction of sentence or parole or is otherwise released. As a condition
13       of any grant of probation, suspension of sentence or parole or of any other
14       release, the person shall be required to enter into and complete a treat-
15       ment program for alcohol and drug abuse as provided in K.S.A. 8-1008,
16       and amendments thereto.
17             (f) On the third or a subsequent conviction of a violation of this sec-
18       tion, a person shall be guilty of a nonperson felony and sentenced to not
19       less than 90 days nor more than one year's imprisonment and fined not
20       less than $1,000 nor more than $2,500. Except as provided in subsection
21       (g), the person convicted shall not be eligible for release on probation,
22       suspension or reduction of sentence or parole until the person has served
23       at least 90 days' imprisonment. The court may also require as a condition
24       of parole that such person enter into and complete a treatment program
25       for alcohol and drug abuse as provided by K.S.A. 8-1008, and amend-
26       ments thereto. The 90 days' imprisonment mandated by this subsection
27       may be served in a work release program only after such person has served
28       48 consecutive hours' imprisonment, provided such work release program
29       requires such person to return to confinement at the end of each day in
30       the work release program.
31             (g) On a second or subsequent conviction of a violation of this section,
32       the court may place the person convicted under a house arrest program,
33       pursuant to K.S.A. 21-4603b, and amendments thereto, to serve the re-
34       mainder of the minimum sentence only after such person has served 48
35       consecutive hours' imprisonment.
36             (h) The court may establish the terms and time for payment of any
37       fines, fees, assessments and costs imposed pursuant to this section. Any
38       assessment and costs shall be required to be paid not later than 90 days
39       after imposed, and any remainder of the fine shall be paid prior to the
40       final release of the defendant by the court.
41             (i) In lieu of payment of a fine imposed pursuant to this section, the
42       court may order that the person perform community service specified by
43       the court. The person shall receive a credit on the fine imposed in an

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  1       amount equal to $5 for each full hour spent by the person in the specified
  2       community service. The community service ordered by the court shall be
  3       required to be performed not later than one year after the fine is imposed
  4       or by an earlier date specified by the court. If by the required date the
  5       person performs an insufficient amount of community service to reduce
  6       to zero the portion of the fine required to be paid by the person, the
  7       remaining balance of the fine shall become due on that date.
  8             (j) The court shall report every conviction of a violation of this section
  9       and every diversion agreement entered into in lieu of further criminal
10       proceedings or a complaint alleging a violation of this section to the di-
11       vision. Prior to sentencing under the provisions of this section, the court
12       shall request and shall receive from the division a record of all prior
13       convictions obtained against such person for any violations of any of the
14       motor vehicle laws of this state.
15             (k) For the purpose of determining whether a conviction is a first,
16       second, third or subsequent conviction in sentencing under this section:
17             (1) "Conviction" includes being convicted of a violation of this section
18       or entering into a diversion agreement in lieu of further criminal pro-
19       ceedings on a complaint alleging a violation of this section;
20             (2) "conviction" includes being convicted of a violation of a law of
21       another state or an ordinance of any city, or resolution of any county,
22       which prohibits the acts that this section prohibits or entering into a di-
23       version agreement in lieu of further criminal proceedings in a case alleg-
24       ing a violation of such law, ordinance or resolution;
25             (3) only convictions occurring in the immediately preceding five
26       years, including prior to the effective date of this act, shall be taken into
27       account, but the court may consider other prior convictions in determin-
28       ing the sentence to be imposed within the limits provided for a first,
29       second, third or subsequent offender, whichever is applicable; and
30             (4) it is irrelevant whether an offense occurred before or after con-
31       viction for a previous offense.
32             (l) Upon conviction of a person of a violation of this section or a
33       violation of a city ordinance or county resolution prohibiting the acts
34       prohibited by this section, the division, upon receiving a report of con-
35       viction, shall suspend, restrict or suspend and restrict the person's driving
36       privileges as provided by K.S.A. 8-1014, and amendments thereto.
37             (m) Nothing contained in this section shall be construed as prevent-
38       ing any city from enacting ordinances, or any county from adopting res-
39       olutions, declaring acts prohibited or made unlawful by this act as unlaw-
40       ful or prohibited in such city or county and prescribing penalties for
41       violation thereof, but the minimum penalty prescribed by any such or-
42       dinance or resolution shall not be less than the minimum penalty pre-
43       scribed by this act for the same violation, and the maximum penalty in

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  1       any such ordinance or resolution shall not exceed the maximum penalty
  2       prescribed for the same violation. In addition, any such ordinance or
  3       resolution shall authorize the court to order that the convicted person
  4       pay restitution to any victim who suffered loss due to the violation for
  5       which the person was convicted.
  6             (n) No plea bargaining agreement shall be entered into nor shall any
  7       judge approve a plea bargaining agreement entered into for the purpose
  8       of permitting a person charged with a violation of this section, or a vio-
  9       lation of any ordinance of a city or resolution of any county in this state
10       which prohibits the acts prohibited by this section, to avoid the mandatory
11       penalties established by this section or by the ordinance. For the purpose
12       of this subsection, entering into a diversion agreement pursuant to K.S.A.
13       12-4413 et seq. or 22-2906 et seq., and amendments thereto, shall not
14       constitute plea bargaining.
15             (o) The alternatives set out in subsections (a)(1) (2) and (3) may be
16       pleaded in the alternative, and the state, city or county, but shall not be
17       required to, may elect one or two of the three prior to submission of the
18       case to the fact finder.
19             (p) Upon a fourth or subsequent conviction, the judge of any court
20       in which any person is convicted of violating this section, may revoke the
21       person's license plate or plates or temporary registration certificate of the
22       motor vehicle driven during the violation of this section for a period of
23       one year. Upon revoking any license plate plates or temporary registration
24       certificate pursuant to this subsection, the court shall require that such
25       license plate or plates or temporary registration certificate be surrendered
26       to the court.
27             (q) For the purpose of this section: (1) "Alcohol concentration"
28       means the number of grams of alcohol per 100 milliliters of blood or per
29       210 liters of breath.
30             (2) "Imprisonment" shall include any restrained environment in
31       which the court and law enforcement agency intend to retain custody and
32       control of a defendant and such environment has been approved by the
33       board of county commissioners or the governing body of a city.
34             Sec.  33. K.S.A. 32-901 is hereby amended to read as follows: 32-901.
35       (a) Except as otherwise provided by law or rules and regulations of the
36       secretary, a valid park and recreation motor vehicle permit is required to
37       use a motor vehicle in any state park, or any portion thereof, or in any
38       other area designated by the secretary pursuant to subsection (f), which
39       is posted in accordance with subsection (g).
40             (b)  (1) The secretary shall issue annual and temporary park and rec-
41       reation motor vehicle permits.
42             (2) The annual permit shall be issued to certificate of titleholders for
43       each calendar year as provided in K.S.A. 32-983, 32-984 and 32-985, and

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  1       amendments thereto, and shall not be transferable. An additional vehicle
  2       permit may be issued to the owner of an original annual permit. The fee
  3       for an annual permit and the fee for an additional vehicle permit shall be
  4       fixed by the secretary by rules and regulations adopted in accordance with
  5       K.S.A. 32-805, and amendments thereto. A duplicate permit may be is-
  6       sued upon proof of loss of the original permit for the remainder of the
  7       calendar year for a fee fixed by the secretary by rules and regulations
  8       adopted in accordance with K.S.A. 32-805, and amendments thereto. If
  9       the motor vehicle for which an annual permit has been issued is sold or
10       traded during the calendar year for which the permit was issued and the
11       original permit is surrendered to the department, a new permit effective
12       for the remainder of the calendar year may be issued to the person who
13       sold or traded the motor vehicle for a fee fixed by the secretary by rules
14       and regulations adopted in accordance with K.S.A. 32-805, and amend-
15       ments thereto. Before any duplicate or new permit is issued, the pur-
16       chaser thereof must show by evidence that the purchaser was issued the
17       original permit and that the purchaser is the holder of a valid certificate
18       of title to the motor vehicle for which the duplicate or new permit is
19       issued.
20             (3) A temporary permit shall be issued for a day, shall be issued for
21       a specific vehicle and shall not be transferable. The fee for such a tem-
22       porary permit shall be fixed by the secretary by rules and regulations
23       adopted in accordance with K.S.A. 32-805, and amendments thereto.
24             (c) The provisions of subsection (a) do not apply to:
25             (1) A motor vehicle of any Kansas resident certificate of titleholder
26       who is 65 or more years of age or who is a person with a disability and
27       displays a special license plate plates or a placard issued pursuant to
28       K.S.A. 8-1,125, and amendments thereto, and any such certificate of ti-
29       tleholder may request a special permit or pass which shall be issued by
30       the department to such titleholder;
31             (2) a motor vehicle used in the operation or maintenance of state
32       parks or other areas under the secretary's control, emergency motor ve-
33       hicles, state-owned motor vehicles, law enforcement motor vehicles or
34       private or government motor vehicles being operated on official business
35       for a governmental agency;
36             (3) a motor vehicle of a nonresident who secures a special fee, license
37       or permit required by rules and regulations adopted by the secretary in
38       accordance with K.S.A. 32-805, and amendments thereto, relating to the
39       use of the park or other area;
40             (4) a motor vehicle for which a special permit or pass has been issued
41       pursuant to subsection (d);
42             (5) a motor vehicle in a state park or other area to which subsection
43       (d) applies on dates designated pursuant to subsection (e); or

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  1             (6) a motor vehicle in an area or at a time not designated pursuant
  2       to subsection (f) as an area or time which requires a permit.
  3             (d) The secretary may issue a special permit or pass for a motor ve-
  4       hicle used for the purpose of sightseeing, attending a church service,
  5       attending an approved special event by members of the news media or
  6       emergency reasons, as provided by rules and regulations adopted by the
  7       secretary in accordance with K.S.A. 32-805, and amendments thereto.
  8             (e) The secretary may designate by resolution two days each calendar
  9       year during which persons may use motor vehicles in state parks and other
10       areas under the secretary's control without having a valid park and rec-
11       reation motor vehicle permit.
12             (f) The secretary shall designate the state parks and other areas under
13       the secretary's control, or portions thereof, and the time periods in which
14       motor vehicle permits shall be required hereunder.
15             The secretary shall cause signs to be posted and maintained at the
16       entrances to all such designated state parks or other areas, or portions
17       thereof, which signs shall display a legend that a motor vehicle entering
18       and using the state park or area, or portion thereof, is required to display
19       on the motor vehicle a permit of the type described in this section.
20             (g) All fees, licenses and other charges, and rules and regulations
21       relating to the use of and conduct of persons in a state park or other area
22       under the secretary's control, or any facility therein, shall be posted in a
23       convenient and conspicuous place in each such park, area or facility. Ex-
24       cept as otherwise provided in this section, each and every person using
25       any such park, area or facility shall be charged the same fees, licenses and
26       every other charge.
27             Sec.  34. K.S.A. 1998 Supp. 66-1,109 is hereby amended to read as
28       follows: 66-1,109. This act shall not require the following carriers to obtain
29       a certificate, license or permit from the commission or file rates, tariffs,
30       annual reports or provide proof of insurance with the commission:
31             (a) Transportation by motor carriers wholly within the corporate lim-
32       its of a city or village in this state, or between contiguous cities or villages
33       in this state or in this and another state, or between any city or village in
34       this or another state and the suburban territory in this state within three
35       miles of the corporate limits thereof, or between cities and villages in this
36       state and cities and villages in another state which are within territory
37       designated as a commercial zone by the interstate commerce commission,
38       except that none of the exemptions specified in this subsection (a) shall
39       apply to wrecker carriers and none of such exemptions shall apply to
40       motor carriers of passengers, other than motor carriers of passengers
41       operating as a part of the general transit system serving any such city or
42       village in this or another state, operating on regular routes and time sched-
43       ules between any city or village in this or another state, and the suburban

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  1       territory in this state;
  2             (b) a private motor carrier who operates within a radius of 25 miles
  3       beyond the corporate limits of its city or village of domicile, or who op-
  4       erates between cities and villages in this state and cities and villages in
  5       another state which are within territory designated as a commercial zone
  6       by the interstate commerce commission;
  7             (c) the owner of livestock or producer of farm products transporting
  8       livestock of such owner or farm products of such producer to market in
  9       a motor vehicle of such owner or producer, or the motor vehicle of a
10       neighbor on the basis of barter or exchange for service or employment,
11       or to such owner or producer transporting supplies for the use of such
12       owner or producer in a motor vehicle of such owner or producer, or in
13       the motor vehicle of a neighbor on the basis of barter or exchange for
14       service or employment;
15             (d) persons operating motor vehicles used only to transport property
16       when no common carrier is accessible, but when common-carrier service
17       is available then this last exemption is limited to the transportation of
18       such property from origin to the nearest practicable common-carrier re-
19       ceiving or loading point, or from a common-carrier unloading point by
20       way of the shortest practicable route to destination, providing such motor
21       vehicle does not pass a practicable delivery or receiving point of a com-
22       mon carrier equipped to transport such load, or when used to transport
23       property from the point of origin to point of destination thereof when
24       the destination of such property is less distant from the point of origin
25       thereof than the nearest practicable common-carrier receiving or loading
26       point equipped to transport such load;
27             (e)  (1) the transportation of children to and from school, or (2) to
28       motor vehicles owned by schools, colleges, and universities, religious or
29       charitable organizations and institutions, or governmental agencies, when
30       used to convey students, inmates, employees, athletic teams, orchestras,
31       bands or other similar activities;
32             (f) a new vehicle dealer as defined by K.S.A. 8-2401, and amend-
33       ments thereto, when transporting property to or from the place of busi-
34       ness of such dealer;
35             (g) motor vehicles carrying tools, property or material belonging to
36       the owner of the vehicle and used in repair, building or construction work,
37       not having been sold or being transported for the purpose of sale;
38             (h) persons operating motor vehicles which have an ad valorem tax
39       situs in and are registered in the state of Kansas, and used only to trans-
40       port grain from the producer to an elevator or other place for storage or
41       sale for a distance of not to exceed 50 miles;
42             (i) the operation of hearses, funeral coaches, funeral cars or ambu-
43       lances by motor carriers;

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  1             (j) motor vehicles owned and operated by the United States, the Dis-
  2       trict of Columbia, any state, any municipality or any other political sub-
  3       division of this state, including vehicles used exclusively for handling U.S.
  4       mail;
  5             (k) any motor vehicle with a normal seating capacity of not more than
  6       the driver and 15 passengers while used for vanpooling or otherwise not
  7       for profit in transporting persons who, as a joint undertaking, bear or
  8       agree to bear all the costs of such operations, or motor vehicles with a
  9       normal seating capacity of not more than the driver and 15 passengers
10       for not-for-profit transportation by one or more employers of employees
11       to and from the factories, plants, offices, institutions, construction sites
12       or other places of like nature where such persons are employed or ac-
13       customed to work;
14             (l) motor vehicles used to transport water for domestic purposes or
15       livestock consumption;
16             (m) transportation of sand, gravel, slag stone, limestone, crushed
17       stone, cinders, calcium chloride, bituminous or concrete paving mixtures,
18       blacktop, dirt or fill material to a construction site, highway maintenance
19       or construction project or other storage facility and the operation of ready-
20       mix concrete trucks in transportation of ready-mix concrete;
21             (n) the operation of a vehicle used exclusively for the transportation
22       of solid waste, as the same is defined by K.S.A. 65-3402, and amendments
23       thereto, to any solid waste processing facility or solid waste disposal area,
24       as the same is defined by K.S.A. 65-3402, and amendments thereto;
25             (o) the transporting of vehicles used solely in the custom combining
26       business when being transported by persons engaged in such business;
27             (p) the operation of vehicles used for servicing, repairing or trans-
28       porting of implements of husbandry, as defined in K.S.A. 8-1427, and
29       amendments thereto, by a person actively engaged in the business of
30       buying, selling or exchanging implements of husbandry, if such operation
31       is within 100 miles of such person's established place of business in this
32       state;
33             (q) transportation by taxi or bus companies operated exclusively
34       within any city or within 25 miles of the point of its domicile in a city;
35             (r) a vehicle being operated with a dealer license plate issued under
36       K.S.A. 8-2406, and amendments thereto, and in compliance with K.S.A.
37       8-136, and amendments thereto, and vehicles being operated with a full-
38       privilege license plate plates issued under K.S.A. 8-2425, and amend-
39       ments thereto;
40             (s) any person operating a motor vehicle with a gross vehicle weight
41       rating of 10,000 pounds or less, transporting to or from an arts or craft
42       show, hand-crafted products produced for resale by the owner or operator
43       of such motor vehicle.

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  1             As used in this subsection, "gross vehicle weight rating" means the
  2       value specified by the manufacturer as the maximum loaded weight of a
  3       single or a combination (articulated) vehicle. The gross vehicle weight
  4       rating of a combination (articulated) vehicle commonly referred to as the
  5       "gross combination weight rating" is the gross vehicle weight rating of
  6       the power unit, plus the gross vehicle weight rating of the towed unit or
  7       units;
  8             (t) the operation of vehicles used for transporting materials used in
  9       the servicing or repairing of the refractory linings of industrial boilers;
10       and
11             (u) transportation of newspapers published at least one time each
12       week.
13             Sec.  35. K.S.A. 1998 Supp. 79-5107 is hereby amended to read as
14       follows: 79-5107. (a) Except as provided in subsection (e), the tax imposed
15       by this act upon any motor vehicle, other than a motor vehicle which
16       replaces a motor vehicle previously registered and taxed in this state and
17       to which registration plates are transferred, which has been acquired, or
18       brought into the state, or for any other reason becomes subject to regis-
19       tration after the owner's regular annual motor vehicle registration date,
20       shall become due and payable at the time such motor vehicle becomes
21       subject to registration under the laws of this state and the amount of tax
22       to be paid by the owner for the remainder of the tax year shall be an
23       amount which is equal to 112 of the tax which would have been due upon
24       such motor vehicle for the full registration year, multiplied by the number
25       of full calendar months remaining in the registration year of the owner
26       of such vehicle. Such tax shall be paid at the time of the registration of
27       such motor vehicle.
28             (b) Except as provided in subsection (e), the tax upon a motor vehicle,
29       which replaces a motor vehicle previously registered and taxed in this
30       state and to which registration plates are transferred, which is registered
31       at any time other than the annual registration date prescribed by law for
32       the registration of such motor vehicle, shall be in an amount equal to the
33       amount by which: (1) One-twelfth of the tax which would have been due
34       upon such replacement motor vehicle for the full registration year mul-
35       tiplied by the number of full calendar months remaining in the registra-
36       tion year for such motor vehicle, exceeds (2) one-twelfth of the tax which
37       would have been due for the full registration year upon the motor vehicle
38       replaced multiplied by the number of full calendar months remaining in
39       such registration year. Such tax shall be paid at the time of registration
40       of such replacement vehicle.
41             (c) Whenever the tax imposed under this act has been paid upon any
42       motor vehicle and title to such vehicle is transferred and no replacement
43       vehicle is substituted therefor such taxpayer shall be entitled to a refund

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  1       in an amount equal to 112 of the tax due upon such motor vehicle for the
  2       full registration year, multiplied by the number of full calendar months
  3       remaining in such registration year. Whenever the tax imposed under this
  4       act upon any replacement motor vehicle for the remainder of the regis-
  5       tration year is less than the tax paid on the motor vehicle replaced for the
  6       remainder of such registration year, the taxpayer shall be entitled to a
  7       refund in the amount by which the tax paid upon the vehicle replaced
  8       exceeds the tax due upon the replacement vehicle. All refunds shall be
  9       paid by the county treasurer from the moneys received from taxes upon
10       motor vehicles imposed by this act which have not been distributed. No
11       refund shall be made under the authority of this subsection for a sum less
12       than $5.
13             (d) Whenever the tax imposed under this act has been paid upon any
14       motor vehicle and the owner thereof has established residence in another
15       state during such vehicle's registration year, such owner shall be entitled
16       to a refund of such taxes in an amount equal to 112 of the tax paid upon
17       such motor vehicle for the full registration year, multiplied by the number
18       of full calendar months remaining in such registration year after the
19       month of establishing residence in another state. No such refund shall be
20       allowed unless and until the owner submits to the county treasurer evi-
21       dence of a valid driver's license and motor vehicle registration in another
22       state, and surrenders the Kansas license plate or plates. All refunds shall
23       be paid by the county treasurer from the moneys received from taxes
24       upon motor vehicles which have not been distributed. No refund shall be
25       made for a sum less than $5.
26             (e) No tax shall be levied under the provisions of this act upon any
27       motor vehicle which is owned by a resident individual who is in the full-
28       time regular military service of the United States and absent from this
29       state solely by reason of military orders and which is maintained by such
30       individual outside of this state on the date of such individual's application
31       for registration. 
32       Sec.  36. K.S.A. 8-127, 8-132, 8-134, 8-145a, 8-145b, 8-145c, 8-147,
33       8-147a, 8-148, 8-161, 8-161b, 8-162, 8-195, 8-1,126, 8-1,130, 8-1,133, 8-
34       1,139 and 32-901 and K.S.A. 1998 Supp. 8-133, 8-135, 8-139, 8-142, 8-
35       143, 8-145, 8-177a, 8-177c, 8-1,125, 8-1,129, 8-1,140, 8-1,142, 8-1,145,
36       8-1,146, 8-1567, 66-1,109 and 79-5107 are hereby repealed.
37        Sec.  37. This act shall take effect and be in force from and after
38       January 1, 2001, and its publication in the statute book.