March 18, 1999
Journal of the Senate
FORTY-SEVENTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, March 18, 1999--2:30 p.m. |
The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with thirty-nine senators present.
Senator Praeger was excused.
Vice-President Salisbury introduced as guest chaplain Rev. Richard Dickinson, First
Congregational Church, Topeka, who delivered the invocation:
Most loving God, we come to you as children to a loving God. We pray that you
will help our Senators to face the many problems that confront them, not only by
giving them wisdom greater than their own but also by relieving them of all other
worries and anxieties as they concern themselves with the weighty issues of the day.
May they put aside partisan concerns as they concern themselves for the greater
good of all persons of our state. In these times of increasing social unrest and violence
in our society, give our Senators the wisdom and compassion not to forget the victims
of violent crimes. Help them to realize the importance of allowing all victims a voice
in the process.
As they consider matters of taxes, may they see the greater good; may they assure
our schools of the support they need to educate our young people that they may
have all the advantages of young people anywhere and may they support our
institutions of higher learning, that the education offered here in the State of Kansas
will be second to none.
When differences arise in this great body, may our Senators not be disturbed by
being misunderstood, but by their lack of understanding of one another.
May your will be done, here, and may our Senators carry out their tasks above
party and personality, beyond time and circumstance, for the greater good of the
citizens of this state and for the peace of the world. Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following resolutions were introduced and read by title:
SENATE CONCURRENT RESOLUTION No. 1615--
By Senators Bond, Emert and Hensley
A CONCURRENT RESOLUTION relating to the adjournment of the senate and house
of representatives for periods during the 1999 regular session of the legislature.
Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That the legislature shall adjourn at the close of business of the daily session
convened on April 2, 1999, and shall reconvene on April 7, 1999, pursuant to adjournment
of the daily session convened on April 2, 1999; and
Be it further resolved: That the legislature shall adjourn at the close of business of the
daily session convened on April 9, 1999, or at the close of business of the daily session
convened on April 10, 1999, and shall reconvene at 10:00 a.m. on April 28, 1999; and
Be it further resolved: That the chief clerk of the house of representatives and the
secretary of the senate and employees specified by the director of legislative administrative
services for such purpose shall attend their duties each day during periods of adjournment,
Sundays excepted, for the purpose of receiving messages from the governor and conducting
such other business as may be required; and
Be it further resolved: That members of the legislature shall not receive the per diem
compensation and subsistence allowances provided for in subsections (a) and (b) of K.S.A.
1998 Supp. 46-137a for any day within a period in which both houses of the legislature are
adjourned for more than two days, Sundays excepted; and
Be it further resolved: That members of the legislature attending a legislative meeting
of whatever nature when authorized pursuant to law, or by the president of the senate or
the speaker of the house of representatives and members of a conference committee
attending a meeting of the conference committee authorized by the president of the senate
and the speaker of the house of representatives during any period of adjournment for which
members are not authorized compensation and allowances pursuant to K.S.A. 1998 Supp.
46-137a shall receive compensation and travel expenses or allowances as provided by K.S.A.
75-3212 except that the mileage allowance shall be limited during any such period of
adjournment to one full trip by the usual route in going to and returning from an authorized
meeting.
On emergency motion of Senator Emert, SCR 1615 was adopted by voice vote.
SENATE CONCURRENT RESOLUTION No. 1616--
By Committee on Agriculture
A CONCURRENT RESOLUTION urging Congress to remove or restrict the use of trade
sanctions as they apply to agricultural products, and to work for the reduction or
elimination of trade barriers and sanctions imposed by other countries against
agricultural products; urging the secretary of the United States department of agriculture
to provide greater opportunities to the farmers of the United States by taking greater
advantage of the export enhancement program; urging Congress to require country of
origin labeling on foreign meat and dairy products raised and produced in other
countries; urging Congress to investigate the need for mandatory price reporting by
packers in the livestock industry; and urging Congress, the justice department and the
packers and stockyard division of the United States department of agriculture to
investigate market concentration and pending mergers in the livestock and grain
industry.
WHEREAS, Economic sanctions hinder the export of agricultural products, exacerbating
the transportation of such products and possibly lowering the price received by the Kansas
farmer for such agricultural products; and
WHEREAS, The export of agricultural commodities has provided the United States the
only positive return on its balance of trade; and
WHEREAS, The only way to ensure that a positive return on the balance of trade
continues is to allow international markets to remain open; and
WHEREAS, The use of unilateral economic sanctions rarely achieves its goal, but cause
substantial harm to the producers of products; and
WHEREAS, Not only do the sanctions imposed by the United States cause lost market
opportunities for the Kansas farmer, but so do the unfair trade barriers and sanctions
imposed on agricultural products by other countries; and
WHEREAS, The storage of grain on the ground in Kansas is just one example of the
adverse affects sanctions have on agricultural products: NOW, THEREFORE,
Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That Congress remove or restrict the use of trade sanctions as they apply to
agricultural products and that Congress ensure that the use of trade sanctions will result in
meaningful results;
WHEREAS, The export enhancement program is one tool which can expand foreign
market opportunities; and
WHEREAS, If the Kansas farmer is to have the opportunity to prosper and grow, the
agricultural products produced by the farmer must be able to reach foreign markets; and
WHEREAS, The stockpiling of grain is just one example of where the lack of access to
foreign markets hurts not only the Kansas farmer but all American farmers and the economy
of the United States in general: NOW,THEREFORE,
Be it resolved: That the secretary of the United States department of agriculture is urged
to take greater advantage of the export enhancement program; and
Be it further resolved: That Congress work for the reduction and elimination of trade
barriers and sanctions imposed by other countries against agricultural products; and
WHEREAS, Foreign meat and dairy products must be raised or produced under the
same regulatory standards to ensure consumer health and safety as meat and dairy products
raised and produced in the United States; and
WHEREAS, Numerous cattle producers have testified before the Kansas Legislature that
this issue needs to be investigated and decided in Congress: NOW, THEREFORE,
Be it resolved: That Congress pass laws that require country of origin labeling on foreign
meat and dairy products raised and produced in other countries as currently required for
meat and dairy products raised in the United States; and
WHEREAS, Pork and beef associations presented resolutions and testimony on the need
and value of mandatory price reporting; and
WHEREAS, Discriminatory pricing and retaliatory actions are unacceptable in an open
market system: NOW, THEREFORE,
Be it resolved: That Congress continue to investigate mandatory price reporting in the
livestock industry and, if warranted, pass appropriate legislation that will assure a free and
open market for our independent farmers and ranchers; and
WHEREAS, Concentration of segments of the beef and pork industries is occurring; and
WHEREAS, Such concentration must not result in lower commodity prices for Kansas
farmers and ranchers and higher food prices for American consumers; and
WHEREAS, the merger of Cargill and Continental Grain would give one company
control of over 40 percent of the world's grain export market; and
WHEREAS, Renewed investigative efforts, including enforcement of the antitrust laws,
must be generated by the justice department and the packers and stockyards division of the
United States department of agriculture to ensure the competitive market structure: NOW,
THEREFORE,
Be it resolved: That the justice department and the packers and stockyard division of the
United States department of agriculture enforce the antitrust laws in the livestock and grain
industry; and
Be it further resolved: That the Secretary of State be directed to send enrolled copies of
this resolution to the President of the United States, the Vice-President of the United States,
Majority Leader and Minority Leader of the United States Senate, the Speaker, Majority
Leader and Minority Leader of the United States House of Representatives, the Secretary
of the United States Department of Agriculture, the Attorney General of the United States
and to each member of the Kansas Congressional Delegation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: HB 2226.
Energy and Natural Resources: HB 2146.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS HUMANITIES COUNCIL
Gayle Davis, Chairman, and Marion Cott, Executive Director of the Kansas Humanities
Council, submitted the 1998 Annual Report.
The Vice-President announced the above report is on file in the office of the Secretary
of the Senate and is available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2240.
Also, adoption of Substitute SCR 1608.
Announcing the House concurs in Senate amendments to HB 2230.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2240 was thereupon introduced and read by title.
REPORTS OF STANDING COMMITTEES
The Committee on Education recommends SB 345 be amended on page 1, in line 30,
before ``as'', by striking the comma; also in line 30, by striking ``by'' and inserting ``in''; in
line 38, by striking ``and the''; in line 39, by striking ``municipal university''; following line
43, by inserting a new paragraph as follows:
``(i) ''Proprietary school`` means any proprietary school as defined in K.S.A. 72-4919,
and amendments thereto. The term proprietary school does not include within its meaning
any school or educational institution specifically exempted from the definition of proprietary
school by the provisions of K.S.A. 72-4920, and amendments thereto.'';
On page 2, in line 11, by striking ``July 31'' and inserting ``June 30''; in line 14, by striking
``(2)'' and inserting ``(4)''; by striking all of lines 21 through 33; following line 33, by inserting
four new paragraphs as follows:
``(2) At no time shall more than five members of the state board of regents be members
of the same political party.
(3) At no time shall any person who is an elected official or an officer or employee of
any postsecondary educational institution be a member of the state board of regents.
(4) The first members of the state board of regents established under this section shall
be appointed by the governor on or before July 1, 1999. Of such members, three shall have
a term of office of four years, three shall have a term of office of three years, and three shall
have a term of office of two years.'';
On page 3, following line 7, by inserting a new section as follows:
``Sec. 5. The state treasurer shall be the treasurer of the state board of regents.'';
By renumbering sections 5 through 10 as sections 6 through 11, respectively;
Also on page 3, in line 26, after ``funding'', by inserting ``purposes''; following line 31, by
inserting two new paragraphs as follows:
``(6) approve core indicators of quality performance for postsecondary educational
institutions;
(7) resolve conflicts among and between postsecondary educational institutions;'';
Also on page 3, in line 32, by striking ``(6)'' and inserting ``(8)''; in line 34, by striking ``(7)''
and inserting ``(9)''; in line 38, by striking ``(8)'' and inserting ``(10)''; in line 41, by striking
``(9)'' and inserting ``(11)'';
On page 4, in line 2, by striking ``(10)'' and inserting ``(12)''; in line 3, by striking ``derivative
boards'' and inserting ``commissions''; in line 4, by striking ``or'' and inserting ``and''; in line
5, by striking ``(11)'' and inserting ``(13)''; in line 7, by striking ``(12)'' and inserting ``(14)'';
in line 20, after ``a'', by striking ``board'' and inserting ``commission''; in line 21, before ``for'',
by striking ``board'' and inserting ``commission''; also in line 21, after ``and a'', by striking
``board'' and inserting ``commission''; in line 22, by striking ``derivative board'' and inserting
``commission''; in line 25, by striking ``derivative board'' and inserting ``commission''; in line
26, by striking ``derivative''; in line 27, by striking ``boards'' and inserting ``commissions'';
also in line 27, by striking ``board'' and inserting ``commission''; in line 28, by striking
``boards'' and inserting ``commissions''; in line 29, by striking ``derivative board'' and inserting
``commission''; in line 30, by striking ``board'' and inserting ``commission''; in line 32, by
striking ``board'' and inserting ``commission''; in line 33, by striking ``board'' and inserting
``commission''; in line 34, by striking ``board'' and inserting ``commission''; in line 35, by
striking ``board'' and inserting ``commission''; in line 38, by striking ``board'' and inserting
``commission'';
On page 5, in line 2, by striking all after ``(3)''; in line 3, by striking all before the semicolon
and inserting ``initiate plans for institutional advancement and new educational programs
and courses of instruction''; in line 4, after ``existing'', by inserting ``and proposed
educational''; also in line 4, after ``programs'', by striking ``and'' and inserting a comma; also
in line 4, after ``instruction'', by inserting a comma; also in line 4, by striking ``recom-'', in
line 5, by striking ``mend'' and inserting ``program and course locations and make
recommendations to the state board''; also in line 5, before ``such'', by inserting ``of''; also
in line 5, by striking ``and'' and inserting a comma; also in line 5, after ``courses'', by inserting
``and locations''; following line 9, by inserting a new paragraph as follows:
``(6) identify core indicators of quality performance for community colleges, technical
colleges and vocational education schools;'';
Also on page 5, in line 10, by striking ``(6)'' and inserting ``(7)''; in line 12, by striking ``(7)''
and inserting ``(8)''; in line 14, by striking ``initiate action'' and inserting ``formulate
recommendations''; also in line 14, after the semicolon, by inserting ``and''; in line 15, by
striking ``(8)'' and inserting ``(9)''; in line 17, by striking ``; and'' and inserting a period; by
striking all of lines 18 through 20; in line 21, by striking ``board'' and inserting ``commission'';
in line 22, by striking ``board'' and inserting ``commission''; in line 23, by striking ``board''
and inserting ``commission''; in line 24, by striking ``board'' and inserting ``commission''; in
line 26, by striking ``board'' and inserting ``commission''; in line 29, by striking ``board'' and
inserting ``commission''; in line 31, after ``institutions'', by striking ``and''; in line 32, by
striking all before the semicolon; by striking all of lines 36 and 37; in line 38, by striking
``(5)'' and inserting ``(4)''; in line 39, by striking ``make decisions with respect to'' and inserting
``evaluate''; following line 41, by inserting two new paragraphs as follows:
``(5) identify core indicators of quality performance for public universities;
(6) make recommendations to the state board with respect to the appointment of chief
executive officers of the state educational institutions;'';
Also on page 5, in line 42, by striking ``(6)'' and inserting ``(7)''; in line 43, by striking ``(7)''
and inserting ``(8)'';
On page 6, in line 1, by striking ``initiate action'' and inserting ``formulate
recommendations''; in line 2, after the semicolon, by inserting ``and''; in line 3, by striking
``(8)'' and inserting ``(9)''; in line 5, by striking ``; and'' and inserting a period; by striking all
of lines 6 through 8; in line 9, by striking ``board'' and inserting ``commission''; in line 10,
by striking ``board'' and inserting ``commission''; in line 12, by striking ``board'' and inserting
``commission''; in line 13, by striking ``board'' and inserting ``commission''; in line 14, by
striking ``board'' and inserting ``commission''; in line 17, by striking ``board'' and inserting
``commission''; in line 24, by striking ``approval or disapproval'' and inserting ``coordination'';
in line 28, by striking ``resolve'' and inserting ``formulate recommendations for resolution
of''; by striking all of lines 30 through 32; in line 33, by striking ``(6) identify'' and inserting
``(5) compile and coordinate''; in line 35, by striking ``(7)'' and inserting ``(6)''; in line 37, by
striking ``(8)'' and inserting ``(7)''; also in line 37, after ``interface'', by inserting ``with the
municipal university and''; in line 38, after the semicolon, by inserting ``and''; in line 39, by
striking ``(9)'' and inserting ``(8)''; in line 41, by striking ``; and'' and inserting a period; by
striking all of lines 42 and 43;
On page 7, by striking all of line 1; following line 1, by inserting a new section as follows:
``Sec. 12. (a) During the 2000 fiscal year, the state board of regents (1) shall review the
performance indicators developed by the postsecondary educational institutions, including
the municipal university; (2) after consideration of the core indicators of quality performance
identified by the respective commissions and with the active involvement of the institutions,
shall approve those indicators that the state board determines should be implemented; and
(3) shall select from among the indicators approved for implementation those indicators
that will become determinants for the allocation of state moneys on the basis of performance.
The indicators selected may vary among the institutions and among institutional sectors.
(b) During the 2001 fiscal year, the postsecondary educational institutions, including
the municipal university, shall develop institutional improvement plans showing how they
will implement the performance indicators applicable to their institution and how they will
measure performance on the basis of each indicator. Institutional improvement plans shall
be revised and submitted to the state board of regents by each institution at least every
three years. The board of regents shall provide technical assistance to institutions in the
development, implementation, and revision of their improvement plans.
(c) Commencing on July 1, 2001, institutional improvement plans shall be implemented
for each postsecondary educational institution, including the municipal university. Each
institution shall begin the data collection, measurement, or other documentation necessary
in order for its performance to be evaluated with regard to each indicator.
(d) Commencing with the 2003 fiscal year, and annually thereafter, the legislature shall
make three specific appropriations for performance funding. One of such appropriations
shall be for the state educational institutions and the municipal university, one shall be for
the community colleges, and one shall be for the technical colleges and the vocational
education schools. The state board of regents, for each institutional sector and within the
amount of money available for each sector, shall allocate state funding on the basis of each
institution's performance on its indicators, with the award being based on achieving
excellence. The amount of money awarded to an individual institution shall be a percentage
of the institution's appropriation from the state general fund for the prior fiscal year and in
no case shall such percentage exceed 2.5%.
(e) The state board of regents may allocate performance funding on an annual basis to
an institution which, pursuant to its improvement plan, implemented a multi-year program
or project to achieve excellence. In the case of a multi-year program or project, the
institutional improvement plan must identify expected outcomes on an annual basis by which
the institution's success in achieving its goals may be measured or documented by the board
of regents for the purpose of allocating performance funds.'';
By renumbering sections 11 through 19 as sections 13 through 21, respectively;
Also on page 7, in line 10, by striking ``July 31'' and inserting ``June 30''; in line 17, by
striking ``August'' and inserting ``July''; in line 26, by striking ``August'' and inserting ``July'';
in line 32, by striking ``August'' and inserting ``July''; in line 33, by striking ``August'' and
inserting ``July''; in line 39, by striking ``July 31'' and inserting ``June 30'';
On page 8, in line 1, by striking ``July 31'' and inserting ``June 30''; in line 5, by striking
``August'' and inserting ``July''; in line 10, by striking ``August'' and inserting ``July'';
On page 9, in line 8, by striking ``August'' and inserting ``July''; in line 16, by striking
``August'' and inserting ``July''; in line 33, by striking ``August'' and inserting ``July''; in line
38, by striking ``August'' and inserting ``July''; in line 43, by striking ``August'' and inserting
``July'';
On page 10, in lines 8, 12, 18, 19, 26, 32, 39 and 40, by striking ``August'' and inserting
``July'';
On page 11, in lines 8, 19, 24, 28, 31, 32, and 40, by striking ``August'' and inserting
``July'';
On page 12, in lines 4, 12 and 13, by striking ``August'' and inserting ``July''; following line
27, by inserting a new paragraph and a new section as follows:
``(j) For the purposes of the school district finance and quality performance act, the
term approved vocational education program means in the case of vocational education
programs offered and provided in the area vocational schools, the area vocational-technical
schools, and the technical colleges, the state board of regents; and in the case of vocational
education programs offered and provided in the high schools of a school district, the state
board of education.
Sec. 22. (a) On July 1, 1999, the proprietary schools shall be and hereby are transferred
from regulation by the state board of education to regulation by the state board of regents.
The state board of regents shall exercise such regulatory authority over the operation of
proprietary schools as may be prescribed by law.
(b) On July 1, 1999, all of the powers, duties, functions, records and property of the
state board of education relating to regulation of proprietary school operations shall be and
are hereby transferred to and conferred and imposed upon the state board of regents.
(c) On and after July 1, 1999, the state board of regents shall be the successor in every
way to the powers, duties and functions of the state board of education relating to regulation
of proprietary school operations in which the same were vested prior to the effective date
of this act. Every act performed by the state board of regents shall be deemed to have the
same force and effect as if performed by the state board of education in which such functions
were vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever the state board of education, or words of like
effect, is referred to or designated by a statute, contract or other document relating to
regulation of proprietary school operations, such reference or designation shall be deemed
to apply to the state board of regents.
(e) All rules and regulations, and all policies, orders and directives of the state board of
education relating to proprietary school operations which are in existence on July 1, 1999,
shall continue to be effective and shall be deemed to be the duly adopted rules and
regulations or policies, orders and directives of the state board of regents until revised,
amended, revoked or nullified pursuant to law.
(f) The unexpended balance of any appropriation for and any funds available to the state
board of education for purposes relating to regulation of proprietary school operations shall
be transferred to the state board of regents on July 1, 1999.
(g) Except as otherwise specifically provided in this act, the transfer of regulation of the
proprietary schools from the state board of education to regulation by the state board of
regents shall not be construed in any manner so as to change or affect the operation of any
proprietary school or to change or affect any existing power, duty or function of any owner,
officer, director, agent or representative of a proprietary school.'';
By renumbering section 20 as section 23;
Also on page 12, in line 31, after the comma, by striking ``and''; in line 34, after ``thereto,'',
by inserting ``and from regulation by the state board of education of the proprietary schools
to regulation thereof by the state board of regents,'';
On page 13, after line 2, by inserting two new sections as follows:
``Sec. 24. The legislative educational planning committee shall:
(a) Monitor implementation and operation of the Kansas higher education coordination
act;
(b) evaluate the effect of the act on the postsecondary education system of the state;
(c) determine whether operation of the act is successfully effectuating the purpose of
the act;
(d) review and evaluate the comprehensive plan, and any amendments, revisions and
modifications thereof, for coordination of higher education within the state; and
(e) make an annual report, together with any recommendations or any legislation
relating to higher education coordination or to amendment, revision or modification of the
act, to the legislature and the governor.
Sec. 25. On July 1, 1999, K.S.A. 74-3202, 74-3203, 74-3204 and 74-3205 and K.S.A.
1998 Supp. 74-3201 shall be and are hereby repealed.'';
By renumbering section 21 as section 26;
In the title, in line 11, after ``functions'', by inserting ``; repealing K.S.A. 74-3202, 74-
3203, 74-3204 and 74-3205 and K.S.A. 1998 Supp. 74-3201''; and the bill be passed as
amended.
Committee on Financial Institutions and Insurance recommends HB 2266 be passed.
Also SB 117 be amended by substituting a new bill to be designated as ``Substitute for
SENATE BILL No. 117,'' as follows:
``Substitute for SENATE BILL No. 117
By Committee on Financial Institutions and Insurance
AN ACT concerning unclaimed property; providing for the disposition thereof; amending
K.S.A. 58-3934, 58-3936, 58-3938, 58-3943, 58-3949, 58-3952, 58-3953 and 58-3962 and
K.S.A. 1998 Supp. 58-3935 and 58-3950 and repealing the existing sections; also
repealing K.S.A. 58-3937, 58-3940, 58-3941, 58-3942, 58-3944, 58-3945, 58-3946, 58-
3947 and 58-3948 and K.S.A. 1998 Supp. 58-3939.'';
and the substitute bill be passed.
Committee on Ways and Means recommends SB 352 be passed.
Also HB 2142 be amended on page 1, following line 12, by inserting the following:
``Section 1. K.S.A. 1998 Supp. 8-135 is hereby amended to read as follows: (a) Upon
the transfer of ownership of any vehicle registered under this act, the registration of the
vehicle and the right to use any license plate thereon shall expire and thereafter there shall
be no transfer of any registration, and the license plate shall be removed by the owner
thereof. Except as provided in K.S.A. 8-172, and amendments thereto, and K.S.A. 1998
Supp. 8-1,147, and amendments thereto, it shall be unlawful for any person, other than the
person to whom the license plate was originally issued, to have possession thereof. When
the ownership of a registered vehicle is transferred, the original owner of the license plate
may register another vehicle under the same number, upon application and payment of a
fee of $1.50, if such other vehicle does not require a higher license fee. If a higher license
fee is required, then the transfer may be made upon the payment of the transfer fee of
$1.50 and the difference between the fee originally paid and that due for the new vehicle.
(b) Subject to the provisions of subsection (a) of K.S.A. 8-198, and amendments thereto,
upon the transfer or sale of any vehicle by any person or dealer, or upon any transfer in
accordance with K.S.A. 1998 Supp. 59-3511, and amendments thereto, the new owner
thereof, within 30 days, inclusive of weekends and holidays, from date of such transfer shall
make application to the division for registration or reregistration of the vehicle, but no person
shall operate the vehicle on any highway in this state during the thirty-day period without
having applied for and obtained temporary registration from the county treasurer or from
a dealer. After the expiration of the thirty-day period, it shall be unlawful for the owner or
any other person to operate such vehicle upon the highways of this state unless the vehicle
has been registered as provided in this act. For failure to make application for registration
as provided in this section, a penalty of $2 shall be added to other fees. When a person has
a current motorcycle or passenger vehicle registration and license plate, including any
registration decal affixed thereto, for a vehicle and has sold or otherwise disposed of the
vehicle and has acquired another motorcycle or passenger vehicle and intends to transfer
the registration and the license plate to the motorcycle or passenger vehicle acquired, but
has not yet had the registration transferred in the office of the county treasurer, such person
may operate the motorcycle or passenger vehicle acquired for a period of not to exceed 30
days by displaying the license plate on the rear of the vehicle acquired. If the acquired
vehicle is a new vehicle such person also must carry the assigned certificate of title or
manufacturer's statement of origin when operating the acquired vehicle, except that a dealer
may operate such vehicle by displaying such dealer's dealer license plate.
(c) Certificate of title: No vehicle required to be registered shall be registered or any
license plate or registration decal issued therefor, unless the applicant for registration shall
present satisfactory evidence of ownership and apply for an original certificate of title for
such vehicle. The following paragraphs of this subsection shall apply to the issuance of a
certificate of title for a nonhighway vehicle, as defined in K.S.A. 8-197, and amendments
thereto, except to the extent such paragraphs are made inapplicable by or are inconsistent
with K.S.A. 8-198, and amendments thereto.
(1) An application for certificate of title shall be made by the owner or the owner's agent
upon a form furnished by the division and shall state all liens or encumbrances thereon,
and such other information as the division may require. Notwithstanding any other provision
of this section, no certificate of title, other than a duplicate title, shall be issued for a vehicle
having any unreleased lien or encumbrance thereon, unless the transfer of such vehicle has
been consented to in writing by the holder of the lien or encumbrance. Such consent shall
be in a form approved by the division. In the case of members of the armed forces of the
United States while the United States is engaged at war with any foreign nation and for a
period of six months next following the cessation of hostilities, such application may be
signed by the owner's spouse, parents, brother or sister. The county treasurer shall use
reasonable diligence in ascertaining whether the facts stated in such application are true,
and if satisfied that the applicant is the lawful owner of such vehicle, or otherwise entitled
to have the same registered in such applicant's name, shall so notify the division, who shall
issue an appropriate certificate of title. The certificate of title shall be in a form approved
by the division, and shall contain a statement of any liens or encumbrances which the
application shows, and such other information as the division determines.
(2) The certificate of title shall contain upon the reverse side a form for assignment of
title to be executed by the owner before a notary public or some other officer authorized
to administer an oath. This assignment shall contain a statement of all liens or encumbrances
on the vehicle at the time of assignment. The certificate of title shall also contain on the
reverse side blank spaces so that an abstract of mileage as to each owner will be available.
The seller at the time of each sale shall insert the mileage on the form filed for application
or reassignment of title, and the division shall insert such mileage on the certificate of title
when issued to purchaser or assignee. The signature of the purchaser or assignee is required
on the form filed for application or reassignment of title, acknowledging the odometer
certification made by the seller, except that vehicles which are 10 model years or older and
trucks with a gross vehicle weight of more than 16,000 pounds shall be exempt from the
mileage acknowledgment requirement of the purchaser or assignee. Such title shall indicate
whether the vehicle for which it is issued has been titled previously as a nonhighway vehicle.
In addition, the reverse side shall contain two forms for reassignment by a dealer, stating
the liens or encumbrances thereon. The first form of reassignment shall be used only when
a dealer sells the vehicle to another dealer. The second form of reassignment shall be used
by a dealer when selling the vehicle to another dealer or the ultimate owner of the vehicle.
The reassignment by a dealer shall be used only where the dealer resells the vehicle, and
during the time that the vehicle remains in the dealer's possession for resale, the certificate
of title shall be dormant. When the ownership of any vehicle passes by operation of law, or
repossession upon default of a lease, security agreement, or executory sales contract, the
person owning such vehicle, upon furnishing satisfactory proof to the county treasurer of
such ownership, may procure a certificate of title to the vehicle. When a vehicle is registered
in another state and is repossessed in another state, the owner of such vehicle shall not be
entitled to obtain a valid Kansas title or registration, except that when a vehicle is registered
in another state, but is financed originally by a financial institution chartered in the state of
Kansas or when a financial institution chartered in Kansas purchases a pool of motor vehicle
loans from the resolution trust corporation or a federal regulatory agency, and the vehicle
is repossessed in another state, such Kansas financial institution shall be entitled to obtain
a valid Kansas title or registration. In addition to any other fee required for the issuance of
a certificate of title, any applicant obtaining a certificate of title for a repossessed vehicle
shall pay a fee of $3.
(3) Dealers shall execute, upon delivery to the purchaser of every new vehicle, a
manufacturer's statement of origin stating the liens and encumbrances thereon. Such
statement of origin shall be delivered to the purchaser at the time of delivery of the vehicle
or at a time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and
holidays. The agreement of the parties shall be executed on a form approved by the division.
In the event delivery of title cannot be made personally, the seller may deliver the
manufacturer's statement of origin by restricted mail to the address of purchaser shown on
the purchase agreement. The manufacturer's statement of origin may include an attachment
containing assignment of such statement of origin on forms approved by the division. Upon
the presentation to the division of a manufacturer's statement of origin, by a manufacturer
or dealer for a new vehicle, sold in this state, a certificate of title shall be issued if there is
also an application for registration, except that no application for registration shall be
required for a travel trailer used for living quarters and not operated on the highways.
(4) The fee for each original certificate of title shall be $7 until July 1, 1999 2002, $6
until July 1, 2004, and $3.50 thereafter, in addition to the fee for registration of such vehicle,
trailer or semitrailer. The certificate of title shall be good for the life of the vehicle, trailer
or semitrailer while owned or held by the original holder of the certificate of title.
(5) Upon sale and delivery to the purchaser of every vehicle subject to a purchase money
security interest as defined in K.S.A. 84-9-107, and amendments thereto, the dealer or
secured party may complete a notice of security interest and when so completed, the
purchaser shall execute the notice, in a form prescribed by the division, describing the
vehicle and showing the name and address of the secured party and of the debtor and other
information the division requires. The dealer or secured party, within 15 days of the sale
and delivery, may mail or deliver the notice of security interest, together with a fee of $2.50,
to the division. The notice of security interest shall be retained by the division until it receives
an application for a certificate of title to the vehicle and a certificate of title is issued. The
certificate of title shall indicate any security interest in the vehicle. Upon issuance of the
certificate of title, the division shall mail or deliver confirmation of the receipt of the notice
of security interest, the date the certificate of title is issued and the security interest
indicated, to the secured party at the address shown on the notice of security interest. The
proper completion and timely mailing or delivery of a notice of security interest by a dealer
or secured party shall perfect a security interest in the vehicle described on the date of such
mailing or delivery. The county treasurers shall mail a copy of the title application to the
Kansas lienholder. Each county treasurer shall charge the Kansas lienholder a $1.50 service
fee for processing and mailing a copy of the title application to the Kansas lienholder.
(6) It shall be unlawful for any person to operate in this state a vehicle required to be
registered under this act, or to transfer the title to any such vehicle to any person or dealer,
unless a certificate of title has been issued as herein provided. In the event of a sale or
transfer of ownership of a vehicle for which a certificate of title has been issued, which
certificate of title is in the possession of the transferor at the time of delivery of the vehicle,
the holder of such certificate of title shall endorse on the same an assignment thereof, with
warranty of title in a form prescribed by the division and printed thereon and the transferor
shall deliver the same to the buyer at the time of delivery to the buyer of the vehicle or at
a time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and holidays,
after the time of delivery. The agreement of the parties shall be executed on a form provided
by the division. The requirements of this paragraph concerning delivery of an assigned title
are satisfied if the transferor mails to the transferee by restricted mail the assigned certificate
of title within the 30 days, and if the transferor is a dealer, as defined by K.S.A. 8-2401, and
amendments thereto, such transferor shall be deemed to have possession of the certificate
of title if the transferor has made application therefor to the division. The buyer shall then
present such assigned certificate of title to the division at the time of making application for
registration of such vehicle. A new certificate of title shall be issued to the buyer, upon
payment of the fee of $7 until July 1, 1999 2002, $6 until July 1, 2004, and $3.50 thereafter.
If such vehicle is sold to a resident of another state or country, the dealer or person making
the sale shall notify the division of the sale and the division shall make notation thereof in
the records of the division. When a person acquires a security agreement on a vehicle
subsequent to the issuance of the original title on such vehicle, such person shall require
the holder of the certificate of title to surrender the same and sign an application for a
mortgage title in form prescribed by the division. Upon such surrender such person shall
immediately deliver the certificate of title, application, and a fee of $7 until July 1, 1999
2002, $6 until July 1, 2004, and $3.50 thereafter, to the division. Upon receipt thereof, the
division shall issue a new certificate of title showing the liens or encumbrances so created,
but not more than two liens or encumbrances may be shown upon a title. When a prior
lienholder's name is removed from the title, there must be satisfactory evidence presented
to the division that the lien or encumbrance has been paid. When the indebtedness to a
lienholder, whose name is shown upon a title, is paid in full, such lienholder within 10 days
after written demand by restricted mail, shall furnish to the holder of the title a release of
lien or execute such a release in the space provided on the title. For failure to comply with
such a demand the lienholder shall be liable to the holder of the title for $100 and also shall
be liable for any loss caused to the holder by such failure. When the indebtedness to a
lienholder, whose name is shown upon a title, is collected in full, such lienholder, within 30
days, shall furnish notice to the holder of title that such indebtedness has been paid in full
and that such title may be presented to the lienholder at any time for release of lien.
(7) It shall be unlawful for any person to buy or sell in this state any vehicle required
to be registered, unless, at the time of delivery thereof or at a time agreed upon by the
parties, not to exceed 30 days, inclusive of weekends and holidays, after the time of delivery,
there shall pass between the parties a certificate of title with an assignment thereof. The
sale of a vehicle required to be registered under the laws of this state, without assignment
of the certificate of title, is fraudulent and void, unless the parties shall agree that the
certificate of title with assignment thereof shall pass between them at a time other than the
time of delivery, but within 30 days thereof. The requirements of this paragraph concerning
delivery of an assigned title shall be satisfied if (i) the seller mails to the purchaser by
restricted mail the assigned certificate of title within 30 days, or (ii) if the transferor is a
dealer, as defined by K.S.A. 8-2401, and amendments thereto, such seller shall be deemed
to have possession of the certificate of title if such seller has made application therefor to
the division, or (iii) if the transferor is a dealer and has assigned a title pursuant to paragraph
(9) of this subsection (c).
(8) In cases of sales under the order of a court of a vehicle required to be registered
under this act, the officer conducting such sale shall issue to the purchaser a certificate
naming the purchaser and reciting the facts of the sale, which certificate shall be prima facie
evidence of the ownership of such purchaser for the purpose of obtaining a certificate of
title to such motor vehicle and for registering the same. Any such purchaser shall be allowed
30 days, inclusive of weekends and holidays, from the date of sale to make application to
the division for a certificate of title and for the registering of such motor vehicle.
(9) Any dealer who has acquired a vehicle, the title for which was issued under the laws
of and in a state other than the state of Kansas, shall not be required to obtain a Kansas
certificate of title therefor during the time such vehicle remains in such dealer's possession
and at such dealer's place of business for the purpose of sale. The purchaser or transferee
shall present the assigned title to the division of vehicles when making application for a
certificate of title as provided in subsection (c)(1).
(10) Motor vehicles may be held and titled in transfer-on-death form.
(11) Notwithstanding the provisions of this act with respect to time requirements for
delivery of a certificate of title, or manufacturer's statement of origin, as applicable, any
person who chooses to reaffirm the sale in writing on a form approved by the division which
advises them of their rights pursuant to paragraph (7) of subsection (c) and who has received
and accepted assignment of the certificate of title or manufacturer's statement of origin for
the vehicle in issue may not thereafter void or set aside the transaction with respect to the
vehicle for the reason that a certificate of title or manufacturer's statement of origin was
not timely delivered, and in such instances the sale of a vehicle shall not be deemed to be
fraudulent and void for that reason alone.
Sec. 2. K.S.A. 1998 Supp. 8-135a is hereby amended to read as follows: 8-135a. A
person in whose name a vehicle is titled and registered may add their spouse's name by
assigning the title from the titleholder to titleholder and spouse and by applying for a name
change title and registration. A son or daughter in whose name a vehicle is titled and
registered may add a parent's name by assigning the title from such son or daughter to such
son or daughter and parent and by applying for a name change title and registration. A
parent may add a son or daughter's name by assigning the title from such parent to such
parent and parent's son or daughter and by applying for a name change title and registration.
Application for name change title and registration shall be made in the manner required by
law, including certification of insurance coverage. The fee shall be $7 until July 1, 1999
2002, $6 until July 1, 2004, and $3.50 thereafter, for the title, and no charge shall be made
for the registration, except, when applicable, the fee for transfer of registration under K.S.A.
8-135, and amendments thereto.
Sec. 3. K.S.A. 1998 Supp. 8-139 is hereby amended to read as follows: 8-139. In the
event that any license plate, certificate of title, registration decal or registration receipt issued
hereunder, shall be lost, mutilated, or shall have become illegible, the person who is entitled
thereto shall make immediate application for and obtain a duplicate or substitute therefor,
upon furnishing information of such fact satisfactory to the division and upon payment of
the required fees: Namely, certificate of title, $7 until July 1, 1999 2002, $6 until July 1,
2004, and $3.50 thereafter, registration receipt, $.50, registration decal, $.50, license plates,
$2. In case the license plate is of such type or constructed in such a way that it is not
reasonably possible to remove it from the vehicle to which it is attached without destroying
or mutilating such license plate, and the ownership of such vehicle shall be transferred and
the license plate shall be mutilated or destroyed by the owner thereof as a result of the
owner's effort to comply with the provisions of K.S.A. 8-135, and amendments thereto, by
removing the same from the vehicle so transferred, then and in such case no fee shall be
charged for such duplicate or substitute license plate, including any registration decal affixed
thereto, but the same shall be furnished free of charge providing such person shall otherwise
in all respects have complied with the laws governing the transfer of ownership of such
motor vehicle.
Sec. 4. K.S.A. 1998 Supp. 8-145 is hereby amended to read as follows: 8-145. (a) All
registration and certificates of title fees shall be paid to the county treasurer of the county
in which the applicant for registration resides or has an office or principal place of business
within this state, and the county treasurer shall issue a receipt in triplicate, on blanks
furnished by the division of vehicles, one copy of which shall be filed in the county treasurer's
office, one copy shall be delivered to the applicant and the original copy shall be forwarded
to the director of vehicles.
(b) The county treasurer shall deposit $.75 of each license application, $.75 out of each
application for transfer of license plate and $2 out of each application for a certificate of
title, collected by such treasurer under this act, in a special fund, which fund is hereby
appropriated for the use of the county treasurer in paying for necessary help and expenses
incidental to the administration of duties in accordance with the provisions of this law and
extra compensation to the county treasurer for the services performed in administering the
provisions of this act, which compensation shall be in addition to any other compensation
provided by any other law, except that the county treasurer shall receive as additional
compensation for administering the motor vehicle title and registration laws and fees, a sum
computed as follows: The county treasurer, during the month of December, shall determine
the amount to be retained for extra compensation not to exceed the following amounts each
year for calendar year 1990 or any calendar year thereafter: The sum of $60 per hundred
registrations for the first 5,000 registrations; the sum of $45 per hundred registrations for
the next 5,000 registrations; and the sum of $2 per hundred registrations for all registrations
thereafter. In no event, however, shall any county treasurer be entitled to receive more than
$9,800 additional annual compensation.
If more than one person shall hold the office of county treasurer during any one calendar
year, such compensation shall be prorated among such persons in proportion to the number
of weeks served. The total amount of compensation paid the treasurer together with the
amounts expended in paying for other necessary help and expenses incidental to the
administration of the duties of the county treasurer in accordance with the provisions of this
act, shall not exceed the amount deposited in such special fund. Any balance remaining in
such fund at the close of any calendar year shall be withdrawn and credited to the general
fund of the county prior to June 1 of the following calendar year.
(c) The county treasurer shall remit the remainder of all such fees collected, together
with the original copy of all applications, to the secretary of revenue. Except as provided in
subsection (d), all such fees remitted to the secretary of revenue shall be deposited with the
state treasurer and credited to the state highway fund.
(d) (1) On July 1, 1997, through June 30, 1999 2004, $2.50 of each certificate of title
fee collected and remitted to the secretary of revenue, shall be deposited with the state
treasurer and credited to the Kansas highway patrol motor vehicle fund, and,. On July 1,
1999, through June 30, 2002, $1 of each certificate of title fee collected and remitted to the
secretary of revenue, shall be deposited with the state treasurer and credited to the VIPS/
CAMA technology hardware fund.
(2) For repossessed vehicles, $3 of each certificate of title fee collected and remitted to
the secretary of revenue, shall be deposited with the state treasurer and credited to the
repossessed certificates of title fee fund.'';
Also on page 1, in line 13, by striking ``Section 1.'' and inserting ``Sec. 5. On and after
January 1, 2000,''; in line 14, by striking ``(a)''; in line 20, by striking ``specified in subsection
(b)'' and inserting ``of $3''; by striking all in lines 32 through 36; preceding line 37, by
inserting the following:
``Sec. 6. K.S.A. 1998 Supp. 8-170 is hereby amended to read as follows: 8-170. (a) Upon
the transfer of ownership of any vehicle registered under the foregoing provisions of this
act, its registration and right to use the license plates thereon shall expire and thereafter
there shall be no transfer of any registration, and the license plates shall be removed by the
owner thereof and it shall be unlawful for any person other than the person to whom such
license plates were originally issued to have the same in possession. In case of a transfer of
ownership of a registered vehicle the original owner of the license plates may register
another antique vehicle under the same license plate designation, upon application therefor
and the payment of a fee of $1.50. On and after January 1, 2000, any model year license
plate transferred shall comply with the provisions of subsection (c) of K.S.A. 8-172, and
amendments thereto.
(b) Upon the transfer and sale of a registered vehicle by any person, the new owner
thereof, before using a vehicle on the highways of this state, shall make application to the
division for registration of the vehicle.
(c) Certificate of title:
(1) Application for certificate of title on an antique vehicle shall be made by the owner
or the owner's agent upon a blank form to be furnished by the division and shall contain
such information as the division shall determine necessary. The division may waive any
information requested on the form if it is not available. The application together with a bill
of sale for the antique vehicle shall be accepted as prima facie evidence that the applicant
is the owner of the vehicle. The certificate of title shall be delivered to the applicant. The
certificate shall contain the words ''antique vehicle.``
(2) The certificate of title shall contain upon the reverse side a form for assignment of
title to be executed by the owner before a notary public or some other officer authorized
to administer an oath. A certificate of title may be issued under the provisions of this act
without an application for registration.
(3) The fee for each original certificate of title so issued shall be $7 until July 1, 1999
2002, $6 until July 1, 2004, and $3.50 thereafter. The certificate of title shall be good for
the life of the antique vehicle, so long as the same is owned or held by the original holder
of the certificate of title, and shall not have to be renewed. In the event of a sale or transfer
of ownership of an antique vehicle for which a certificate of title has been issued, the holder
of such certificate of title shall endorse on the same an assignment thereof, with warranty
of title in form printed thereon, as prescribed by the director, and the transferor must deliver
the same to the buyer at the time of delivery of the vehicle. The buyer shall then present
such certificate of title, assigned as aforesaid, to the director or an authorized agent of the
director, whereupon a new certificate of title shall be issued to the buyer, the fee therefor
being $7 until July 1, 1999 2002, $6 until July 1, 2004, and $3.50 thereafter.
Sec. 7. K.S.A. 1998 Supp. 8-171 is hereby amended to read as follows: 8-171. In the
event that any license plate, certificate of title or registration receipt issued hereunder, shall
be lost, mutilated, or shall have become illegible, the person who is entitled thereto shall
make immediate application for and obtain a duplicate therefor, upon furnishing information
of such fact satisfactory to the division and upon payment of the required fees: Namely,
certificate of title, $7 until July 1, 1999 2002, $6 until July 1, 2004, and $3.50 thereafter,
registration receipt, $1, license plates, $2.
Sec. 8. K.S.A. 1998 Supp. 8-198 is hereby amended to read as follows: 8-198. (a) A
nonhighway vehicle shall not be required to be registered in this state, as provided in K.S.A.
8-135, and amendments thereto, but nothing in this section shall be construed as abrogating,
limiting or otherwise affecting the provisions of K.S.A. 8-142, and amendments thereto,
which make it unlawful for any person to operate or knowingly permit the operation in this
state of a vehicle required to be registered in this state.
(b) Upon the sale or transfer of any nonhighway vehicle, the purchaser thereof shall
obtain a nonhighway certificate of title in the following manner:
(1) If the transferor is a vehicle dealer, as defined in K.S.A. 8-2401, and amendments
thereto, and a certificate of title has not been issued for such vehicle under this section or
under the provisions of K.S.A. 8-135, and amendments thereto, such transferor shall make
application for and assign a nonhighway certificate of title to the purchaser of such
nonhighway vehicle in the same manner and under the same conditions prescribed by K.S.A.
8-135, and amendments thereto, for the application for and assignment of a certificate of
title thereunder. Upon the assignment thereof, the purchaser shall make application for a
new nonhighway certificate of title, as provided in subsection (c).
(2) Except as provided in subsection (b) of K.S.A. 8-199, and amendments thereto, if a
certificate of title has been issued for any such vehicle under the provisions of K.S.A. 8-135,
and amendments thereto, the owner of such nonhighway vehicle may surrender such
certificate of title to the division of vehicles and make application to the division for a
nonhighway certificate of title, or the owner may obtain from the county treasurer's office
a form prescribed by the division of vehicles and, upon proper execution thereof, may assign
the nonhighway certificate of title or the regular certificate of title with such form attached
to the purchaser of the nonhighway vehicle. Upon receipt of the nonhighway certificate of
title or the regular certificate of title with such form attached, the purchaser shall make
application for a new nonhighway certificate of title as provided in subsection (c).
(3) If the transferor is not a vehicle dealer, as defined in K.S.A. 8-2401, and amendments
thereto, and a certificate of title has not been issued for the vehicle under this section or a
certificate of title was not required under K.S.A. 8-135, and amendments thereto, the
transferor shall make application to the division for a nonhighway certificate of title as
provided in this section, except that in addition thereto, the division shall require a bill of
sale or such transferor's affidavit, with at least one other corroborating affidavit, that such
transferor is the owner of such nonhighway vehicle. If the division is satisfied that the
transferor is the owner, the division shall issue a nonhighway certificate of title for such
vehicle, and the transferor shall assign the same to the purchaser, who shall make application
for a new nonhighway certificate of title, as provided in subsection (c).
(c) Every purchaser of a nonhighway vehicle, whether assigned a nonhighway certificate
of title or a regular certificate of title with the form specified in paragraph (2) of subsection
(b) attached, shall make application to the county treasurer of the county in which such
person resides for a new nonhighway certificate of title in the same manner and under the
same conditions as for an application for a certificate of title under K.S.A. 8-135, and
amendments thereto. Such application shall be in the form prescribed by the director of
vehicles and shall contain substantially the same provisions as required for an application
under subsection (c)(1) of K.S.A. 8-135, and amendments thereto. In addition, such
application shall provide a place for the applicant to certify that the vehicle for which the
application for a nonhighway certificate of title is made is a nonhighway vehicle, and other
provisions the director deems necessary. Each application for a nonhighway certificate of
title shall be accompanied by a fee of $7 until July 1, 1999 2002, $6 until July 1, 2004, and
$3.50 thereafter, and if the application is not made to the county treasurer within the time
prescribed by K.S.A. 8-135, and amendments thereto, for making application for a certificate
of title thereunder, an additional fee of $2.
(d) A nonhighway certificate of title shall be in form and color as prescribed by the
director of vehicles. A nonhighway certificate of title shall indicate clearly and distinctly on
its face that it is issued for a nonhighway vehicle. A nonhighway certificate of title shall
contain substantially the same information as required on a certificate of title issued under
K.S.A. 8-135, and amendments thereto, and other information the director deems necessary.
(e) A nonhighway certificate of title may be transferred in the same manner and under
the same conditions as prescribed by K.S.A. 8-135, and amendments thereto, for the transfer
of a certificate of title, except as otherwise provided in this section. A nonhighway certificate
of title may be assigned and transferred only while the vehicle remains a nonhighway vehicle.
Upon transfer or sale of a nonhighway vehicle which has been rebuilt or restored or is
otherwise in a condition which will allow the registration of such vehicle, the owner shall
assign the nonhighway certificate of title to the purchaser, and the purchaser shall obtain a
certificate of title and register such vehicle as provided in K.S.A. 8-135, and amendments
thereto. No regular certificate of title shall be issued for a vehicle for which there has been
issued a nonhighway certificate of title until there has been compliance with K.S.A. 8-116a,
and amendments thereto.
(f) The owner of a vehicle which has been assembled, reconstructed, reconstituted or
restored or otherwise placed in an operable condition may make application to the county
treasurer for a permit to operate such vehicle on the highways of this state over the most
direct route from the place such nonhighway vehicle is located to a specified location named
on the permit and to return to the original location. No such permit shall be issued for any
vehicle unless the owner has motor vehicle liability insurance coverage or an approved self-
insurance plan under K.S.A. 40-3104, and amendments thereto. Such permit shall be on a
form furnished by the director of vehicles and shall state the date the vehicle is to be taken
to the other location, the name of the insurer, as defined in K.S.A. 40-3103, and amendments
thereto, and the policy number or a statement that the vehicle is included in a self-insurance
plan approved by the commissioner of insurance, a statement attesting to the correctness
of the information concerning financial security, the vehicle identification number and a
description of the vehicle. Such permit shall be signed by the owner of the vehicle. Permits
issued under this subsection (f) shall be prepared in triplicate. One copy shall be carried in
the vehicle for which it is issued and shall be displayed so that it is visible from the rear of
the vehicle. The second copy shall be retained by the county treasurer, and the third copy
shall be forwarded by the county treasurer to the division of vehicles. The fee for such
permit shall be $1 which shall be retained by the county treasurer, who shall annually
forward 25% of all such fees collected to the division of vehicles to reimburse the division
for administrative expenses, and shall deposit the remainder in a special fund for expenses
of issuing such permits.
(g) A nonhighway vehicle for which a nonhighway certificate of title has been issued
pursuant to this section shall not be deemed a motor vehicle for the purposes of K.S.A. 40-
3101 to 40-3121, inclusive, and amendments thereto, except when such vehicle is being
operated pursuant to subsection (f). Any person who knowingly makes a false statement
concerning financial security in obtaining a permit pursuant to subsection (f), or who fails
to obtain a permit when required by law to do so is guilty of a class C misdemeanor.
(h) Any person who, on July 1, 1996, is the owner of an all-terrain vehicle, as defined
in K.S.A. 8-126, and amendments thereto, shall not be required to file an application for a
nonhighway certificate of title under the provisions of this section for such all-terrain vehicle,
unless the person transfers an interest in such all-terrain vehicle.
Sec. 9. K.S.A. 1998 Supp. 74-2013 is hereby amended to read as follows: 74-2013. Upon
application signed by the owner or the owner's agent and payment of a fee of $7 until July
1, 1999 2002, $6 until July 1, 2004, and $3.50 thereafter, and surrender of the original title
together with satisfactory evidence that the lien has been paid, the department is hereby
authorized to grant a reissue of a certificate of title showing the vehicle to be clear of any
lien.'';
Sec. 10. K.S.A. 1998 Supp. 8-135, 8-135a, 8-139, 8-145, 8-170, 8-171, 8-198 and 74-
2013 are hereby repealed.'';
By renumbering sections accordingly;
Also on page 1, in line 37, preceding ''K.S.A.`` by inserting ''On and after January 1, 2000,``;
in line 38, by striking ''Jan-``; in line 39, by striking all preceding ''its``;
In the title, in line 9, by striking ''vehicle registration service`` and inserting ''vehicles;
providing for certain``; by striking all of line 10 and inserting: ''1998 Supp. 8-135, 8-135a, 8-
139, 8-145, 8-145d, 8-170, 8-171, 8-198 and 74-2013 and repealing the existing sections.``;
and the bill be passed as amended.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB 89 and requested a conference committee be appointed.
The Vice-President appointed Senators Emert, Pugh and Goodwin as a conference
committee on the part of the Senate.
On motion of Senator Morris the Senate nonconcurred in the House amendments to
SB 65 and requested a conference committee be appointed.
The Vice-President appointed Senators Morris, Umbarger and Stephens as a conference
committee on the part of the Senate.
On motion of Senator Corbin the Senate nonconcurred in the House amendments to
H Sub for SB 70 and requested a conference committee be appointed.
The Vice-President appointed Senators Corbin, Morris and Stephens as a conference
committee on the part of the Senate.
On motion of Senator Corbin the Senate nonconcurred in the House amendments to
SB 246 and requested a conference committee be appointed.
The Vice-President appointed Senators Corbin, Morris and Biggs as a conference
committee on the part of the Senate.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 19,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.