Session of 2000
         
HOUSE BILL No. 2737
         
By Committee on Transportation
         
1-27
         
  9             AN  ACT relating to motorcycles; establishing the motorcycle safety ed-
10             ucation program; amending K.S.A. 8-267, 8-272, 8-282 and 72-6423
11             and K.S.A. 1999 Supp. 8-143, 8-145, 71-1508 and 72-5015 and re-
12             pealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             New Section  1. The provisions of sections 1 through 9, and amend-
16       ments thereto, shall be known and may be cited as the motorcycle safety
17       education program act.
18             New Sec.  2. As used in sections 1 through 9, and amendments
19       thereto:
20             (a) "Division" means the division of vehicles of the department of
21       revenue.
22             (b) "Director" means the director of vehicles of the department of
23       revenue.
24             (c) "Secretary" means the secretary of the department of revenue.
25             (d) "Motorcycle" shall have the meaning ascribed to that term in
26       K.S.A. 8-1438, and amendments thereto.
27             (e) "Program" means the Kansas motorcycle safety education pro-
28       gram, established in section 3, and amendments thereto.
29             New Sec.  3. (a) The division shall develop standards for, establish
30       and administer the Kansas motorcycle safety education program.
31             (b) The program shall provide for rider training courses for novice
32       riders in sufficient numbers and at locations throughout the state as nec-
33       essary to meet the reasonably anticipated needs of state residents who
34       desire to complete the course. The program also shall include instructor
35       training courses and instructor approval.
36             (c) The program may include rider training courses for experienced
37       riders, activities to increase motorcyclists' alcohol and drug effects aware-
38       ness, motorcycle rider improvement efforts, motorcycle licensing im-
39       provement efforts, program promotion activities and other efforts to en-
40       hance motorcycle safety through education, including enhancement of
41       public awareness of motorcycles.
42             (d) The director shall appoint a program coordinator to oversee the
43       program.


2

  1             (e) The director may contract with a private or public entity to ad-
  2       minister and operate the motorcycle safety education program.
  3             (f) Standards for the motorcycle rider training courses, including
  4       standards for course content, delivery, curriculum, materials, student
  5       evaluations and standards for the training and approval of instructors shall
  6       comply with the requirements of this act and shall meet or exceed estab-
  7       lished national standards for motorcycle rider training courses prescribed
  8       by the motorcycle safety foundation.
  9             New Sec.  4. (a) The program shall offer motorcycle rider training
10       courses designed to develop and instill the knowledge, attitudes, habits
11       and skills necessary for the proper operation of a motorcycle. The courses
12       shall be taught only by instructors approved under section 5, and amend-
13       ments thereto.
14             (b) Rider training courses shall be open to any resident of the state
15       who either holds a current valid driver's license for any classification or
16       who is eligible for a motorcycle learner's permit.
17             (c) The division shall issue certificates of completion in a manner and
18       form prescribed by the director to persons who satisfactorily complete
19       the requirements of a motorcycle rider training course offered by the
20       state program or authorized contractor.
21             (d) The division may exempt applicants for a motorcycle operator's
22       endorsement from the licensing skills test and written examination if they
23       present satisfactory evidence of successful completion of an approved
24       rider training course which includes similar tests of skill and knowledge.
25             New Sec.  5. (a) The division shall approve instructors for the motor-
26       cycle rider training courses. No person shall be approved as an instructor
27       unless the person meets the requirements of this act and any rules and
28       regulations adopted by the secretary or if the person holds a current valid
29       instructor certification issued by the motorcycle safety foundation, a na-
30       tionally recognized motorcycle safety instructor certifying body.
31             (b) The program shall offer instructor training courses as need to
32       prepare instructors to teach the motorcycle rider training courses. Suc-
33       cessful completion of the instructor training course shall require the par-
34       ticipant to demonstrate knowledge of the course material, knowledge of
35       proper motorcycle operation, motorcycle riding proficiency and the nec-
36       essary aptitude for instructing students. No person shall be approved as
37       an instructor unless the person has successfully completed the instructor
38       training course or an equivalent course offered in another state.
39             (c) The division shall establish additional requirements for the ap-
40       proval of instructors, including but not limited to the following:
41             (1) The person must be at least 21 years of age and hold a valid
42       motorcycle driver's endorsement;
43             (2) the person must have at least two years of recent riding experi-


3

  1       ence; and
  2             (3) the person's driver's license must not have been suspended or
  3       revoked at any time during the preceding two years.
  4             (d) In the case of a nonresident, the division shall obtain and review
  5       the person's driving record from the state where the person is licensed
  6       prior to approval of the person as an instructor.
  7             (e) The division annually shall review the status of all approved in-
  8       structors and shall withdraw approval from any instructor who is no longer
  9       qualified under the requirements of this section. The division immedi-
10       ately shall withdraw approval of an instructor when it receives adequate
11       notice of any disqualifying acts or behaviors.
12             New Sec.  6. (a) The secretary may adopt rules and regulations which
13       are necessary to carry out the motorcycle safety education program.
14             (b) The secretary may enter into contracts with private or public en-
15       tities for course delivery and for the provision of services or materials
16       necessary for implementation of the program.
17             (c) The division may offer motorcycle rider training courses through
18       independent private or public entities as authorized program courses if
19       they are administered and taught in full compliance with standards es-
20       tablished for the state program.
21             (d) The division may establish reasonable enrollment fees to be
22       charged for persons who participate in motorcycle rider training courses
23       offered by the division and for persons who participate in approved
24       courses offered by independent private or public entities.
25             (e) The division shall utilize available program funds to defray its own
26       expenses in offering motorcycle rider training courses and shall reimburse
27       entities which offer approved courses for the expenses incurred in offer-
28       ing the courses in order to minimize any course enrollment fee charged
29       to the students.
30             New Sec.  7. (a) There is hereby created in the state treasury the
31       motorcycle safety education program fund. All moneys credited to the
32       fund shall be used by the division only for the purpose of funding, ad-
33       ministering and implementing the provisions of motorcycle safety edu-
34       cation program established under sections 1 through 9, and amendments
35       thereto, including the reimbursement of program providers. All expend-
36       itures from the motorcycle safety education program fund shall be made
37       in accordance with appropriation acts, upon warrants of the director of
38       accounts and reports issued pursuant to vouchers approved by the sec-
39       retary of the department of revenue.
40             (b) On the effective date of this act, the director of accounts and
41       reports shall transfer all moneys in the motorcycle safety fund to the
42       motorcycle safety education program fund. On the effective date of this
43       act, all liabilities of the motorcycle safety fund are hereby transferred to


4

  1       and imposed on the motorcycle safety education program fund and the
  2       motorcycle safety fund is hereby abolished.
  3             New Sec.  8. (a) The secretary of revenue shall appoint a motorcycle
  4       safety education program advisory board which shall be composed of five
  5       members. Such board shall be within the department of revenue and
  6       attached to the division of vehicles. The members of the board shall in-
  7       clude, a representative from the motorcycle dealers of Kansas; a repre-
  8       sentative from a motorcycle safety organization; one representative from
  9       a motorcycle rights organization and two representatives from the mo-
10       torcycling community. The board shall meet at the request of the director
11       of vehicles or at the request of any two members of the advisory board.
12       Members of the advisory board attending meetings of such board, or
13       attending a subcommittee meeting thereof authorized by such board,
14       shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and
15       amendments thereto.
16             (b) The advisory board shall advise and assist the director in devel-
17       oping, establishing and maintaining the motorcycle safety education pro-
18       gram. The board also shall maintain the program implementation and
19       report to the director any recommendations.
20             New Sec.  9. Annually, prior to the 10th day of each regular session
21       of the legislature, the secretary of revenue shall submit a written report
22       to the governor and each member of the legislature providing the number
23       and the location of courses offered, the number of instructors approved,
24       the number of students trained and such other information about pro-
25       gram implementation as the secretary shall deem appropriate. The report
26       also shall provide a complete accounting of revenue receipts of the mo-
27       torcycle safety education program fund and of all moneys expended under
28       the program. An assessment of the overall impact of the program on
29       motorcycle safety in the state shall be presented no earlier than January
30       2003, and no later than January 2004, and annually thereafter.
31             Sec.  10. K.S.A. 1999 Supp. 8-143 is hereby amended to read as fol-
32       lows: 8-143. (1) All applications for the registration of motorcycles, mo-
33       torized bicycles and passenger vehicles other than trucks and truck trac-
34       tors, except as otherwise provided, shall be accompanied by an annual
35       license fee as follows: For motorized bicycles, $10; for motorcycles, $15
36       $16; for passenger vehicles, other than motorcycles, used solely for the
37       carrying of persons for pleasure or business, and for hearses and ambu-
38       lances a fee of (i) $25 for those having a gross weight of 4,500 pounds or
39       less; (ii) $35 for those having a gross weight of more than 4,500 pounds;
40       for each electrically propelled motor vehicle, except electrically propelled
41       vehicles intended for the purpose of transporting any commodity, goods,
42       merchandise, produce or freight, or passengers for hire, a fee of $13.
43       Except for motor vehicles, trailers or semitrailers registered under the


5

  1       provisions of K.S.A. 8-1,134, and amendments thereto, the annual reg-
  2       istration fee for each motor vehicle, trailer or semitrailer owned by any
  3       political or taxing subdivision of this state or by any agency or instrumen-
  4       tality of any one or more political or taxing subdivisions of this state and
  5       used exclusively for governmental purposes and not for any private or
  6       utility purposes, which is not otherwise exempt from registration, shall be
  7       $2.
  8             (2) As used in this subsection, the term "gross weight" shall mean
  9       and include the empty weight of truck, or of combination of truck or
10       truck tractor and any type trailer or semitrailer, plus the maximum weight
11       of cargo which will be transported on or with the same, except when the
12       empty weight of a truck plus the maximum weight of cargo which will be
13       transported thereon is 12,000 pounds or less. The term gross weight shall
14       not include: The weight of any travel trailer propelled thereby which is
15       being used for private recreational purposes; or the weight of any vehicle
16       or combination of vehicles for which wrecker or towing service, as defined
17       in K.S.A. 66-1329, and amendments thereto, is to be provided by a
18       wrecker or tow truck, as defined in K.S.A. 66-1329, and amendments
19       thereto. Such wrecker or tow truck shall be registered for the empty
20       weight of such vehicle fully equipped for the recovery or towing of ve-
21       hicles. The gross weight license fees hereinafter prescribed shall only
22       apply to the truck or truck tractor used as the propelling unit for the cargo
23       and vehicle propelled, either as a single vehicle or combination of vehi-
24       cles. On application for the registration of a truck or truck tractor, the
25       owner thereof shall declare as a part of such application the maximum
26       gross weight the owner desires to be applicable to such vehicle, which
27       declared gross weight in no event shall be in excess of the limitations
28       described by K.S.A. 8-1908 and 8-1909, and amendments thereto, for
29       such vehicle or combination of vehicles of which it will be a part. All
30       applications for the registration of trucks or truck tractors, except as oth-
31       erwise provided herein, shall be accompanied by an annual license fee as
32       follows:
33       For a gross weight of 12,000 lbs. or less $35
34       For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs. 100
35       For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 130
36       For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 195
37       For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 310
38       For a gross weight of more than 26,000 lbs. and not more than 30,000 lbs. 310
39       For a gross weight of more than 30,000 lbs. and not more than 36,000 lbs. 370
40       For a gross weight of more than 36,000 lbs. and not more than 42,000 lbs. 470
41       For a gross weight of more than 42,000 lbs. and not more than 48,000 lbs. 600
42       For a gross weight of more than 48,000 lbs. and not more than 54,000 lbs. 800
43       For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 1,000


6

1       For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 1,200
2       For a gross weight of more than 66,000 lbs. and not more than 74,000 lbs. 1,525
3       For a gross weight of more than 74,000 lbs. and not more than 80,000 lbs. 1,725
4       For a gross weight of more than 80,000 lbs. and not more than 85,500 lbs. 1,925
  5             If the applicant for registration of any truck or truck tractor for a gross
  6       weight of more than 12,000 pounds is the state of Kansas or any political
  7       or taxing subdivision or agency of the state, except a city or county, whose
  8       truck or truck tractor is not otherwise entitled to the $2 license fee or
  9       otherwise exempt from all fees, such vehicle may be licensed for a fee in
10       accordance with the schedule hereinafter prescribed for local trucks or
11       truck tractors.
12             If the applicant for registration of any truck or truck tractor for a gross
13       weight of more than 12,000 pounds shall under oath state in writing on
14       a form prescribed and furnished by the director of vehicles that the ap-
15       plicant does not expect to operate it more than 6,000 miles in the calendar
16       year for which the applicant seeks registration, and that if the applicant
17       shall operate it more than 6,000 miles during such registration year such
18       applicant will pay an additional fee equal to the fee required by the pre-
19       ceding schedule, less the amount of the fee paid at time of registration,
20       such vehicle may be licensed for a fee in accordance with the schedule
21       hereinafter prescribed for local trucks or truck tractors; and whenever
22       the same is registered on a local truck or truck tractor fee basis a tab or
23       marker shall be issued in connection with the regular license plate, which
24       tab or marker shall be attached or affixed to and displayed with the regular
25       license plate and the failure to have the same attached, affixed or dis-
26       played shall be subject to the same penalties as provided by law for the
27       failure to display the regular license plate; and the secretary of revenue
28       may adopt rules and regulations requiring the owners of trucks and truck
29       tractors so registered on a local truck or truck tractor fee basis to keep
30       such records and make such reports of mileage of such vehicles as the
31       secretary of revenue shall deem proper.
32             A transporter delivering vehicles not the transporter's own by the dri-
33       veaway method where such vehicles are being driven, towed, or trans-
34       ported singly, or by the saddlemount, towbar, or fullmount methods, or
35       by any lawful combination thereof, may apply for license plates which
36       may be transferred from one such vehicle or combination to another for
37       each delivery without further registration, and the annual license fee for
38       such license plate shall be as follows:
39       For the first such set of license plates $44
40       For each additional such set of license plates 18
41             A truck or truck tractor registered for a gross weight of more than
42       12,000 pounds, which is operated wholly within the corporate limits of a
43       city or village or within a radius of 25 miles beyond the corporate limits,


7

  1       shall be classified as a local truck except that in no event shall such vehicles
  2       operated as contract or common carriers outside a radius of three miles
  3       beyond the corporate limits of the city or village in which such vehicles
  4       were based when registered and licensed be considered local trucks or
  5       truck tractors. The secretary of revenue is hereby authorized and directed
  6       to adopt rules and regulations prescribing a procedure for the issuance
  7       of permits by the division of vehicles whereby owners of local trucks or
  8       truck tractors may operate any such vehicle, empty, beyond the radius
  9       hereinbefore prescribed, when such operation is solely for the purpose
10       of having such vehicle repaired, painted or serviced or for adding addi-
11       tional equipment thereto. The annual license fee for a local truck or truck
12       tractor, except as otherwise provided herein, shall be as follows:
13       For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs. $60
14       For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 100
15       For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 130
16       For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 175
17       For a gross weight of more than 26,000 lbs. and not more than 30,000 lbs. 175
18       For a gross weight of more than 30,000 lbs. and not more than 36,000 lbs. 210
19       For a gross weight of more than 36,000 lbs. and not more than 42,000 lbs. 240
20       For a gross weight of more than 42,000 lbs. and not more than 48,000 lbs. 310
21       For a gross weight of more than 48,000 lbs. and not more than 54,000 lbs. 410
22       For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 470
23       For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 570
24       For a gross weight of more than 66,000 lbs. and not more than 74,000 lbs. 750
25       For a gross weight of more than 74,000 lbs. and not more than 80,000 lbs. 880
26       For a gross weight of more than 80,000 lbs. and not more than 85,500 lbs. 1,000
27             A truck or truck tractor registered for a gross weight of more than
28       12,000 pounds, which is owned by a person engaged in farming and which
29       truck or truck tractor is used by such owner to transport agricultural
30       products produced by such owner or commodities purchased by such
31       owner for use on the farm owned or rented by the owner of such farm
32       truck or truck tractor, shall be classified as a farm truck or truck tractor
33       and the annual license fee for such farm truck shall be as follows:
34       For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs. $35
35       For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 40
36       For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 50
37       For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 70
38       For a gross weight of more than 26,000 lbs. and not more than 54,000 lbs. 70
39       For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 180
40       For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 360
41       For a gross weight of more than 66,000 lbs. 600
42        A vehicle licensed as a farm truck or truck tractor may be used by the
43       owner thereof to transport, for charity and without compensation of any


8

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


9

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


10

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


11

  1       beginning of the year. If any truck registered for a gross weight of 12,000
  2       pounds or less or passenger vehicle is purchased or acquired and less than
  3       12 months remain in the registration period, the fee shall be 1/12 of the
  4       annual fee for each calendar month remaining in the registration period.
  5             (c) The owner of any motorcycle, motorized bicycle, passenger ve-
  6       hicle, truck, truck tractor, trailer, semitrailer, or electrically propelled ve-
  7       hicle who fails to pay the registration fee or fees herein provided on the
  8       date when the same become due and payable shall be guilty of a misde-
  9       meanor, and upon conviction thereof shall be subject to a penalty in the
10       sum of $1 for each month or fraction thereof during which such fee has
11       remained unpaid after it became due and payable; and in addition thereto
12       shall be subject to such other punishment as is provided in this act. Upon
13       the transfer of motorcycles, motorized bicycles, passenger vehicles, trail-
14       ers, semitrailers, trucks or truck tractors, on which registration fees have
15       been paid for the year in which the transfer is made, either (A) to a
16       corporation by one or more persons, solely in exchange for stock or se-
17       curities in such corporation, or (B) by one corporation to another cor-
18       poration when all of the assets of such corporation are transferred to the
19       other corporation, then in either case (A) or case (B) the corporation shall
20       be exempt from the payment of registration fees on such vehicles for the
21       year in which such transfer is made. Applications for transfer or registra-
22       tion shall be accompanied by a fee of $1.50. When the registration of a
23       vehicle has expired at midnight on the last day of any registration year,
24       and such vehicle is not thereafter operated upon the highways, any ap-
25       plication for renewal of registration made subsequent to the anniversary
26       or renewal date of any registration year following the expiration of such
27       registration and for succeeding registration years in which such vehicle
28       has not been registered shall be accompanied by an affidavit of nonoper-
29       ation and nonuse, and such application for renewal or registration shall
30       be received by the division of vehicles upon payment of the proper fees
31       for the current registration year and without penalty.
32             (3) Any nonresident of Kansas purchasing a vehicle from a Kansas
33       resident and desiring to secure registration on the vehicle in the state of
34       such person's residence may make application in the office of any county
35       treasurer for a thirty-day temporary registration. The county treasurer
36       upon presentation of evidence of ownership in the applicant and evidence
37       the sales tax has been paid, if due, shall charge and collect a fee of $3 for
38       each thirty-day temporary license and issue a sticker or paper registration
39       as may be determined by the director of vehicles, and the registration so
40       issued shall be valid for a period of 30 days from the date of issuance.
41             (4) Any owner of any motor vehicle which is subject to taxation under
42       the provisions of article 51 of chapter 79 of the Kansas Statutes Annotated
43       or any other truck or truck tractor where the annual registration fee has


12

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


13

  1       moved upon any highway in this state shall, before the same is so moved,
  2       apply for and obtain the proper registration thereof as provided in this
  3       act, except when such unit is permitted to be moved under the special
  4       provisions relating to secured parties, manufacturers, dealers and non-
  5       residents contained in this act. At the time of registering any travel trailer
  6       for the purpose of moving any such vehicle upon any highway in this
  7       state, the owner thereof shall indicate on the registration form whether
  8       or not such vehicle is being moved permanently to a location outside of
  9       the county in which such vehicle is being registered. No such vehicle
10       which the owner thereof intends to move to a permanent location outside
11       the boundaries of such county shall be registered for movement on the
12       highways of this state until all taxes levied against such vehicle have been
13       paid. A copy of such registration form shall be sent to the county clerk
14       or assessor of the county to which such vehicle is being moved. When
15       such travel trailer is used for living quarters and not operated on the
16       highways, the owner shall be exempt from the license fees as provided in
17       paragraph (a) of subsection (2) so long as such travel trailer is not operated
18       on the highway.
19             Sec.  11. K.S.A. 1999 Supp. 8-145 is hereby amended to read as fol-
20       lows: 8-145. (a) All registration and certificates of title fees shall be paid
21       to the county treasurer of the county in which the applicant for registra-
22       tion resides or has an office or principal place of business within this state,
23       and the county treasurer shall issue a receipt in triplicate, on blanks fur-
24       nished by the division of vehicles, one copy of which shall be filed in the
25       county treasurer's office, one copy shall be delivered to the applicant and
26       the original copy shall be forwarded to the director of vehicles.
27             (b) The county treasurer shall deposit $.75 of each license applica-
28       tion, $.75 out of each application for transfer of license plate and $2 out
29       of each application for a certificate of title, collected by such treasurer
30       under this act, in a special fund, which fund is hereby appropriated for
31       the use of the county treasurer in paying for necessary help and expenses
32       incidental to the administration of duties in accordance with the provi-
33       sions of this law and extra compensation to the county treasurer for the
34       services performed in administering the provisions of this act, which com-
35       pensation shall be in addition to any other compensation provided by any
36       other law, except that the county treasurer shall receive as additional
37       compensation for administering the motor vehicle title and registration
38       laws and fees, a sum computed as follows: The county treasurer, during
39       the month of December, shall determine the amount to be retained for
40       extra compensation not to exceed the following amounts each year for
41       calendar year 1990 or any calendar year thereafter: The sum of $60 per
42       hundred registrations for the first 5,000 registrations; the sum of $45 per
43       hundred registrations for the next 5,000 registrations; and the sum of $2


14

  1       per hundred registrations for all registrations thereafter. In no event,
  2       however, shall any county treasurer be entitled to receive more than
  3       $9,800 additional annual compensation.
  4             If more than one person shall hold the office of county treasurer during
  5       any one calendar year, such compensation shall be prorated among such
  6       persons in proportion to the number of weeks served. The total amount
  7       of compensation paid the treasurer together with the amounts expended
  8       in paying for other necessary help and expenses incidental to the admin-
  9       istration of the duties of the county treasurer in accordance with the
10       provisions of this act, shall not exceed the amount deposited in such spe-
11       cial fund. Any balance remaining in such fund at the close of any calendar
12       year shall be withdrawn and credited to the general fund of the county
13       prior to June 1 of the following calendar year.
14             (c) The county treasurer shall remit the remainder of all such fees
15       collected, together with the original copy of all applications, to the sec-
16       retary of revenue. Except as provided in subsection (d), all such fees
17       remitted to the secretary of revenue shall be deposited with the state
18       treasurer and credited to the state highway fund.
19             (d)  (1) On July 1, 1997, through June 30, 2004, $2.50 of each certif-
20       icate of title fee collected and remitted to the secretary of revenue, shall
21       be deposited with the state treasurer and credited to the Kansas highway
22       patrol motor vehicle fund. On July 1, 1999, through June 30, 2002, $1 of
23       each certificate of title fee collected and remitted to the secretary of
24       revenue, shall be deposited with the state treasurer and credited to the
25       VIPS/CAMA technology hardware fund.
26             (2) For repossessed vehicles, $3 of each certificate of title fee col-
27       lected and remitted to the secretary of revenue, shall be deposited with
28       the state treasurer and credited to the repossessed certificates of title fee
29       fund.
30             (3) For motorcycle registration license applications, $1 of each fee
31       collected and remitted to the secretary of revenue, shall be deposited with
32       the state treasurer and credited to the motorcycle safety education pro-
33       gram fund.
34             Sec.  12. K.S.A. 8-267 is hereby amended to read as follows: 8-267.
35       All moneys received under this act shall be paid over by the secretary of
36       revenue to the state treasurer who shall:
37             (a) Credit 37.5% of all moneys so received from class C driver's li-
38       censes and 20% of all moneys so received from class M driver's licenses
39       and 20% of all moneys so received from class A or B driver's licenses and
40       20% of all moneys so received from all commercial driver licensee classes
41       remaining after the $2 credit provided in subsection (c) to a special fund,
42       which is hereby created and shall be known as the "state safety fund";
43             (b) credit 20% of all moneys so received from class M driver's licenses


15

  1       to a special fund which is hereby created and shall be known as the
  2       "motorcycle safety fund" the motorcycle safety education program fund;
  3       and
  4             (c) credit $2 from each commercial driver's license fee to a special
  5       fund which is hereby created and shall be known as the "truck driver
  6       training fund." Moneys in the state safety fund and in the motorcycle
  7       safety fund shall be distributed to provide funds for driver training courses
  8       in the schools in Kansas and for the administration of this act, as the
  9       legislature shall provide. In addition, moneys in the motorcycle safety
10       fund shall be distributed to provide funds for courses in motorcycle safety
11       in community colleges in Kansas. Moneys in the truck driver training fund
12       shall be distributed to provide funds for courses in truck driver training
13       in community colleges, area vocational schools and area vocational-tech-
14       nical schools in Kansas. Except as otherwise provided by K.S.A. 8-241,
15       and amendments thereto, the state treasurer shall credit the balance of
16       all moneys received under this act, including all moneys received from
17       commercial driver's license endorsements to the state highway fund.
18             Sec.  13. K.S.A. 8-272 is hereby amended to read as follows: 8-272.
19       (a) Any school district conducting an approved course in driver training
20       and any student attending a nonpublic school accredited by the state
21       board of education conducting an approved course in driver training shall
22       be entitled to participate in the state safety fund created by K.S.A. 8-267,
23       and amendments thereto. In August of each year, the superintendent of
24       each school district and the governing authority of each nonpublic school
25       shall report to the state board of education the number of students who
26       have been in attendance for a complete driver training course conducted
27       by such school district or nonpublic school during the past school year.
28       From the state safety fund in the state treasury, $1,540,000 shall be dis-
29       tributed in the manner hereinafter provided to the respective school dis-
30       tricts and nonpublic schools on order of the state board of education in
31       the ratio that the number of students in each school district or nonpublic
32       school in attendance for such complete courses bears to the total number
33       of students in all such schools and nonpublic schools in attendance for
34       such complete courses. The state board of education shall certify to the
35       director of accounts and reports the amount due each school district and
36       each student of a nonpublic school. The director of accounts and reports
37       shall draw warrants on the state treasurer payable to the treasurer of each
38       school district and to each student of a nonpublic school entitled to pay-
39       ment under this subsection upon vouchers approved by the state board
40       and shall cause such warrants to be delivered to the respective school
41       districts and nonpublic schools. If the amount appropriated in any year
42       from the state safety fund shall be insufficient to pay the full amount each
43       school district and each student of a nonpublic school is entitled to receive


16

  1       under this subsection, then the entire amount appropriated for such year
  2       shall be prorated among all school districts and all students of nonpublic
  3       schools in proportion to the amount each school district and each student
  4       of a nonpublic school is entitled to receive. No moneys in the state safety
  5       fund shall be used for any purpose other than that specified in this sub-
  6       section or for the support of driver improvement programs. The state
  7       board of education shall prescribe all forms necessary for reporting in
  8       connection with this act. The funds shall be distributed on or before
  9       November 1 each year.
10             (b) Any school district conducting an approved course in motorcycle
11       safety as a part of an approved course in driver training; any student
12       attending a nonpublic school accredited by the state board of education
13       conducting an approved course in motorcycle safety as a part of an ap-
14       proved course in driver training or any community college conducting an
15       approved course in motorcycle safety shall be entitled to participate in
16       the motorcycle safety fund created by K.S.A. 8-267, and amendments
17       thereto. The state board of education may establish, by rules and regu-
18       lations, standards for the conduct, operation and approval of courses in
19       motorcycle safety and for the qualifications of instructors for such courses.
20       Such standards shall not include the requirement that instructors be cer-
21       tificated by the state board of education. In August of each year, the
22       superintendent of each school district, the governing authority of each
23       nonpublic school or the chief administrative officer of each community
24       college shall report to the state board of education the number of students
25       who have been in attendance for a complete course in motorcycle safety
26       as a part of the driver training course conducted by such school district,
27       nonpublic school or community college during the past school year. From
28       the motorcycle safety fund in the state treasury, $210,000 shall be dis-
29       tributed in the manner hereinafter provided to the respective school dis-
30       tricts, nonpublic schools and community colleges on order of the state
31       board of education in the ratio that the number of students in each school
32       district, nonpublic school or community college in attendance for such
33       complete courses in motorcycle safety bears to the total number of stu-
34       dents in all such schools, nonpublic schools and community colleges in
35       attendance for such complete courses. The state board of education shall
36       certify to the director of accounts and reports the amount due each school
37       district, each student of a nonpublic school and each community college.
38       The director of accounts and reports shall draw warrants on the state
39       treasurer payable to the treasurer of each school district, to each student
40       of a nonpublic school and to each treasurer of each community college
41       entitled to payment under this subsection upon vouchers approved by the
42       state board and shall cause such warrants to be delivered to the respective
43       school districts, nonpublic schools and community colleges. If the amount


17

  1       appropriated in any year from the motorcycle safety fund shall be insuf-
  2       ficient to pay the full amount each school district, each student of a non-
  3       public school and each community college is entitled to receive under
  4       this subsection, then the entire amount appropriated for such year shall
  5       be prorated among all school districts, all students of nonpublic schools
  6       and all community colleges in proportion to the amount each school dis-
  7       trict, each student of a nonpublic school and each community college is
  8       entitled to receive. No moneys in the motorcycle safety fund shall be used
  9       for any purpose other than that specified in this subsection or for the
10       support of motorcycle driver improvement programs. The state board of
11       education shall prescribe all forms necessary for reporting in connection
12       with this act. The funds shall be distributed on or before November 1
13       each year.
14             (c) (b) For the purpose of this subsection, "vocational education
15       school" means community college, area vocational-technical school or
16       area vocational school. Any vocational education school conducting an
17       approved course in truck driving shall be entitled to participate in the
18       truck driver training fund created by K.S.A. 8-267, and amendments
19       thereto. The state board of education may establish, by rules and regu-
20       lations, standards for the conduct, operation and approval of courses in
21       truck driver training and for the qualifications of instructors for such
22       courses. Such standards shall not include the requirement that instructors
23       be certificated by the state board of education. In August of each year,
24       the chief administrative officer of each vocational education school shall
25       report to the state board of education the number of students who have
26       been in attendance for a complete course in truck driver training con-
27       ducted by such vocational education school during the past school year.
28       From the truck driver training fund in the state treasury, $70,000 shall
29       be distributed in the manner hereinafter provided to the respective vo-
30       cational education school on order of the state board of education in the
31       ratio that the number of students in each vocational education school in
32       attendance for such complete courses in truck driver training bears to the
33       total number of students in all such vocational education schools in at-
34       tendance for such complete courses. The state board of education shall
35       certify to the director of accounts and reports the amount due each vo-
36       cational education school. The director of accounts and reports shall draw
37       warrants on the state treasurer payable to the treasurer of each vocational
38       education school entitled to payment under this subsection upon vouch-
39       ers approved by the state board and shall cause such warrants to be de-
40       livered to the respective vocational education school. If the amount ap-
41       propriated in any year from the truck driver training fund shall be
42       insufficient to pay the full amount each vocational education school is
43       entitled to receive under this subsection, then the entire amount appro-


18

  1       priated for such year shall be prorated among all vocational education
  2       schools in proportion to the amount each vocational education school is
  3       entitled to receive. No moneys in the truck driver training fund shall be
  4       used for any purpose other than that specified in this subsection or for
  5       the support of truck driver training programs. The state board of edu-
  6       cation shall prescribe all forms necessary for reporting in connection with
  7       this act. The funds shall be distributed on or before November 1 each
  8       year.
  9             Sec.  14. K.S.A. 8-282 is hereby amended to read as follows: 8-282.
10       This act shall not apply to:
11             (a) An accredited grade school, high school, junior college or college
12       conducting a driver's training course; nor shall it apply to
13             (b) driver improvement schools operated by this state or a munici-
14       pality thereof; or
15             (c) any person, agency or entity offering motorcycle rider training
16       under the provisions of sections 1 through 9, and amendments thereto.
17             Sec.  15. K.S.A. 1999 Supp. 71-1508 is hereby amended to read as
18       follows: 71-1508. (a) There is hereby established in every community
19       college conducting a motorcycle driver safety course a fund which shall
20       be called the motorcycle driver safety fund. The motorcycle driver safety
21       fund shall consist of all moneys deposited therein or transferred thereto
22       according to law. All moneys received by community colleges from dis-
23       tributions made from the motorcycle safety fund and from tuition, fees
24       or charges for motorcycle driver safety courses shall be credited to the
25       motorcycle driver safety fund. The expenses of community colleges di-
26       rectly attributable to motorcycle driver safety courses shall be paid from
27       the motorcycle driver safety fund.
28             (b) No amount of the state entitlement of a community college shall
29       be based upon a motorcycle driver safety course conducted by the com-
30       munity college.
31             Sec.  16. K.S.A. 1999 Supp. 72-5015 is hereby amended to read as
32       follows: 72-5015. As used in this act: (a) "Driver training motor vehicle"
33       means an automobile or motorcycle acquired by a board pursuant to an
34       agreement with a motor vehicle manufacturer or dealer for use in driver
35       training courses; but does not include within its meaning any motor ve-
36       hicle which is rented, leased, or owned by any school district, nonpublic
37       school or community college.
38             (b) "Board" means the board of education of a school district, the
39       governing authority of any nonpublic school offering any of grades kin-
40       dergarten through 12 or the board of trustees of any community college.
41             (c) "Multi-vehicle driving range" means an off-street area in which
42       several motor vehicles are used simultaneously to provide (1) laboratory
43       instruction under the supervision of one or more instructors, or (2) the


19

  1       simultaneous education of several student drivers under the supervision
  2       of one instructor.
  3             (d) "Division" means the division of vehicles of the department of
  4       revenue.
  5             (e) "State board" means in the case of school districts and nonpublic
  6       schools, the state board of education and in the case of community col-
  7       leges, the state board of regents.
  8             Sec.  17. K.S.A. 72-6423 is hereby amended to read as follows: 72-
  9       6423. (a) There is hereby established in every district a fund which shall
10       be called the driver training fund which fund shall consist of all moneys
11       deposited therein or transferred thereto according to law. All moneys
12       received by the district from distributions made from the state safety fund
13       and the motorcycle safety fund and from tuition, fees or charges for driver
14       training courses shall be credited to the driver training fund. The expenses
15       of a district directly attributable to driver training shall be paid from the
16       driver training fund.
17             (b) The provisions of this section shall take effect and be in force
18       from and after July 1, 1992. 
19       Sec.  18. K.S.A. 8-267, 8-272, 8-282 and 72-6423 and K.S.A. 1999
20       Supp. 8-143, 8-145, 71-1508 and 72-5015 are hereby repealed.
21        Sec.  19. This act shall take effect and be in force from and after
22       January 1, 2001, and its publication in the statute book.