CHAPTER 134
HOUSE Substitute for SENATE BILL No. 364
(Amends Chapters 16, 24, 34, 48, 49, 70 and 134)
(Amended by Chapter 190)
An Act concerning certificates of title; amending K.S.A.
8-126, as amended by section 2
of 2002 House Bill No. 2663, 8-135, 8-135, as amended by section 2
of House Substitute
for Senate Bill No. 364, 8-135a, 8-139, 8-145, 8-145d, as amended
by section 1 of 2002
House Bill No. 2662, 8-170, 8-171, 8-198, 58-4204, as amended by
section 4 of 2002
House Bill No. 2723 and 58-4204, as amended by section 11 of 2002
House Substitute
for Senate Bill No. 364 and K.S.A. 2001 Supp. 74-2013 and repealing
the existing sec-
tions; also repealing K.S.A. 8-126, as amended by section 3 of 2002
Senate Bill No. 449,
8-135, as amended by section 1 of 2002 Senate Bill No. 507, 8-135,
as amended by
section 2 of 2002 House Bill No. 2794, 8-135, as amended by section
4 of 2002 Senate
Bill No. 449, 8-145, as amended by section 3 of 2002 House Bill No.
2794, 8-145d, as
amended by section 4 of 2002 House Bill No. 2794 and 58-4204, as
amended by section
6 of 2002 Senate Bill No. 449.
Be it enacted by the Legislature of the State of Kansas:
Section 1. On and after January 1,
2003, K.S.A. 8-126, as amended
by section 2 of 2002 House Bill No. 2663, is hereby amended to read
as
follows: 8-126. The following words and phrases when used in this
act
shall have the meanings respectively ascribed to them herein:
(a) ``Vehicle'' means every device in,
upon or by which any person or
property is or may be transported or drawn upon a public highway,
ex-
cepting electric personal assistive mobility devices or devices
moved by
human power or used exclusively upon stationary rails or
tracks.
(b) ``Motor vehicle'' means every
vehicle, other than a motorized bi-
cycle or a motorized wheelchair, which is self-propelled.
(c) ``Truck'' means a motor vehicle which
is used for the transporta-
tion or delivery of freight and merchandise or more than 10
passengers.
(d) ``Motorcycle'' means every motor
vehicle designed to travel on
not more than three wheels in contact with the ground, except any
such
vehicle as may be included within the term ``tractor'' as herein
defined.
(e) ``Truck tractor'' means every motor
vehicle designed and used
primarily for drawing other vehicles, and not so constructed as to
carry a
load other than a part of the weight of the vehicle or load so
drawn.
(f) ``Farm tractor'' means every motor
vehicle designed and used as
a farm implement power unit operated with or without other
attached
farm implements in any manner consistent with the structural design
of
such power unit.
(g) ``Road tractor'' means every motor
vehicle designed and used for
drawing other vehicles, and not so constructed as to carry any
load
thereon independently, or any part of the weight of a vehicle or
load so
drawn.
(h) ``Trailer'' means every vehicle
without motive power designed to
carry property or passengers wholly on its own structure and to be
drawn
by a motor vehicle.
(i) ``Semitrailer'' means every vehicle
of the trailer type so designed
and used in conjunction with a motor vehicle that some part of its
own
weight and that of its own load rests upon or is carried by another
vehicle.
(j) ``Pole trailer'' means any two-wheel
vehicle used as a trailer with
bolsters that support the load, and do not have a rack or body
extending
to the tractor drawing the load.
(k) ``Specially constructed vehicle''
means any vehicle which shall not
have been originally constructed under a distinctive name, make,
model
or type, or which, if originally otherwise constructed shall have
been ma-
terially altered by the removal of essential parts, or by the
addition or
substitution of essential parts, new or used, derived from other
vehicles
or makes of vehicles.
(l) ``Foreign vehicle'' means every motor
vehicle, trailer or semitrailer
which shall be brought into this state otherwise than in ordinary
course
of business by or through a manufacturer or dealer and which has
not
been registered in this state.
(m) ``Person'' means every natural
person, firm, partnership, associ-
ation or corporation.
(n) ``Owner'' means a person who holds
the legal title of a vehicle, or
in the event a vehicle is the subject of an agreement for the
conditional
sale thereof with the right of purchase upon performance of the
condi-
tions stated in the agreement and with an immediate right of
possession
vested in the conditional vendee or in the event a vehicle is
subject to a
lease of 30 days or more with an immediate right of possession
vested in
the lessee; or in the event a party having a security interest in a
vehicle
is entitled to possession, then such conditional vendee or lessee
or secured
party shall be deemed the owner for the purpose of this act.
(o) ``Nonresident'' means every person
who is not a resident of this
state.
(p) ``Manufacturer'' means every person
engaged in the business of
manufacturing motor vehicles, trailers or semitrailers.
(q) ``New vehicle dealer'' means every
person actively engaged in the
business of buying, selling or exchanging new motor vehicles,
travel trail-
ers, trailers or vehicles and who holds a dealer's contract
therefor from a
manufacturer or distributor and who has an established place of
business
in this state.
(r) ``Used vehicle dealer'' means every
person actively engaged in the
business of buying, selling or exchanging used vehicles, and having
an
established place of business in this state and who does not hold a
dealer's
contract for the sale of new motor vehicles, travel trailers,
trailers or
vehicles.
(s) ``Highway'' means every way or place
of whatever nature open to
the use of the public as a matter of right for the purpose of
vehicular
travel. The term ``highway'' shall not be deemed to include a
roadway or
driveway upon grounds owned by private owners, colleges,
universities
or other institutions.
(t) ``Department'' or ``motor vehicle
department'' or ``vehicle depart-
ment'' means the division of vehicles of the department of revenue,
acting
directly or through its duly authorized officers and agents.
(u) ``Commission'' or ``state highway
commission'' means the director
of vehicles of the department of revenue.
(v) ``Division'' means the division of
vehicles of the department of
revenue.
(w) ``Travel trailer'' means every
vehicle without motive power de-
signed to be towed by a motor vehicle constructed primarily for
recrea-
tional purposes.
(x) ``Passenger vehicle'' means every
motor vehicle, as herein defined,
which is designed primarily to carry 10 or fewer passengers, and
which
is not used as a truck.
(y) ``Self-propelled farm implement''
means every farm implement
designed for specific use applications with its motive power unit
perma-
nently incorporated in its structural design.
(z) ``Farm trailer'' means every trailer
as defined in subsection (h) of
this section and every semitrailer as defined in subsection (i) of
this sec-
tion, designed and used primarily as a farm vehicle.
(aa) ``Motorized bicycle'' means every
device having two tandem
wheels or three wheels, which may be propelled by either human
power
or helper motor, or by both, and which has:
(1) A motor which produces not more than
3.5 brake horsepower;
(2) a cylinder capacity of not more than
130 cubic centimeters;
(3) an automatic transmission; and
(4) the capability of a maximum design
speed of no more than 30
miles per hour.
(bb) ``All-terrain vehicle'' means any
motorized nonhighway vehicle
45 inches or less in width, having a dry weight of 650 pounds or
less,
traveling on three or more low-pressure tires, having a seat
designed to
be straddled by the operator. As used in this subsection,
low-pressure tire
means any pneumatic tire six inches or more in width, designed for
use
on wheels with rim diameter of 12 inches or less, and utilizing an
oper-
ating pressure of 10 pounds per square inch or less as recommended
by
the vehicle manufacturer.
(cc) ``Implement of husbandry'' means
every vehicle designed or
adapted and used exclusively for agricultural operations, including
feed-
lots, and only incidentally moved or operated upon the highways.
Such
term shall include, but not be limited to:
(1) A farm tractor;
(2) a self-propelled farm implement;
(3) a fertilizer spreader, nurse tank or
truck permanently mounted
with a spreader used exclusively for dispensing or spreading water,
dust
or liquid fertilizers or agricultural chemicals, as defined in
K.S.A. 2-2202,
and amendments thereto, regardless of ownership;
(4) a truck mounted with a fertilizer
spreader used or manufactured
principally to spread animal dung;
(5) a mixer-feed truck owned and used by
a feedlot, as defined in
K.S.A. 47-1501, and amendments thereto, and specially designed
and
used exclusively for dispensing food to livestock in such
feedlot.
(dd) ``Motorized wheelchair'' means any
self-propelled vehicle de-
signed specifically for use by a physically disabled person that is
incapable
of a speed in excess of 15 miles per hour.
(ee) ``Oil well servicing, oil well
clean-out or oil well drilling machin-
ery or equipment'' means a vehicle constructed as a machine used
exclu-
sively for servicing, cleaning-out or drilling an oil well and
consisting in
general of a mast, an engine for power, a draw works and a chassis
per-
manently constructed or assembled for one or more of those
purposes.
The passenger capacity of the cab of a vehicle shall not be
considered in
determining whether such vehicle is an oil well servicing, oil well
clean-
out or oil well drilling machinery or equipment.
(ff) ``Electric personal assistive
mobility device'' means a self-balanc-
ing two nontandem wheeled device, designed to transport only one
per-
son, with an electric propulsion system that limits the maximum
speed of
the device to 15 miles per hour or less.
(gg) ``Electronic certificate of
title'' means any electronic record of
ownership, including any lien or liens that may be recorded,
retained by
the division in accordance with section 1 of 2002 Senate Bill
No. 449, and
amendments thereto.
Sec. 2. K.S.A. 8-135 is hereby
amended to read as follows: 8-135. (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 reg-
istration, and the license plate shall be removed by the owner
thereof.
Except as provided in K.S.A. 8-172, and amendments thereto, and
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
trans-
ferred, 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.
2001
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
high-
ways 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 own-
ership 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, salvage vehicle or
rebuilt
salvage 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
ascer-
taining whether the facts stated in such application are true, and
if sat-
isfied 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 pur-
chaser 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
acknowledg-
ment 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 or salvage vehicle. In addition, the reverse
side shall
contain two forms for reassignment by a dealer, stating the liens
or en-
cumbrances 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, se-
curity 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
encum-
brances thereon. Such statement of origin shall be delivered to the
pur-
chaser 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 regis-
tration, 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, 2002, $6 $8 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 pro-
vided in article 9 of chapter 84 of the Kansas Statutes
Annotated, 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 20 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
se-
curity 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 certif-
icate 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
require-
ments of this paragraph concerning delivery of an assigned title
are sat-
isfied if the transferor mails to the transferee by restricted mail
the as-
signed 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
trans-
feror 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, 2002, $6 $8 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
ac-
quires 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, 2002, $6 $8
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
encum-
brance 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
pre-
sented 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 amend-
ments thereto, such seller shall be deemed to have possession of
the
certificate of title if such seller has made application therefor
to the di-
vision, 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
own-
ership 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 trans-
feree 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 state-
ment 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 state-
ment 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.
(12) The owner of any vehicle assigning a
certificate of title in ac-
cordance with the provisions of this section may file with the
division a
form indicating that such owner has assigned such certificate of
title. Such
forms shall be furnished by the division and shall contain such
information
as the division may require. Any owner filing a form as provided in
this
paragraph shall pay a fee of $10. The filing of such form shall be
prima
facie evidence that such certificate of title was assigned and
shall create
a rebuttable presumption. If the assignee of a certificate of title
fails to
make application for registration, an owner assigning such title
and filing
the form in accordance with the provisions of this paragraph shall
not be
held liable for damages resulting from the operation of such
vehicle.
(13) Application for a certificate of
title on a boat trailer with a gross
weight over 2,000 pounds shall be made by the owner or the
owner's
agent upon a 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 boat trailer
shall be accepted
as prima facie evidence that the applicant is the owner of the
boat trailer,
provided that a Kansas title for such trailer has not previously
been issued.
If the application and bill of sale are used to obtain a
certificate of title
for a boat trailer under this paragraph, the certificate of
title shall not be
issued until an inspection in accordance with subsection (a) of
K.S.A. 8-
116a, and amendments thereto, has been completed.
(14) In addition to the two forms for
reassignment under paragraph
(2) of subsection (c), a dealer may attach one additional
reassignment
form to a certificate of title. The director of vehicles shall
prescribe and
furnish such reassignment forms. The reassignment form shall be
used by
a dealer when selling the vehicle to another dealer or the
ultimate owner
of the vehicle only when the two reassignment forms under
paragraph (2)
of subsection (c) have already been used. The fee for a
reassignment form
shall be $4.50 until July 1, 2004, and $3.50 thereafter. A
dealer may
purchase reassignment forms in multiples of five upon making
proper
application and the payment of required fees.
Sec. 3. On and after January 1,
2003, K.S.A. 8-135, as amended by
section 2 of House Substitute for Senate Bill No. 364, is hereby
amended
to read as follows: 8-135. (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 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.
2001
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
high-
ways 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 own-
ership 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, salvage vehicle or
rebuilt
salvage 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, and to
any elec-
tronic certificate of title, except to the extent such
paragraphs are made
inapplicable by or are inconsistent with section 1 of 2002
Senate Bill No.
449, and amendments thereto, or with rules and regulations
adopted pur-
suant to section 1 of 2002 Senate Bill No. 449, and amendments
thereto.
The provisions of paragraphs (1) through
(14) shall apply to any cer-
tificate of title issued prior to January 1, 2003, which
indicates that there
is a lien or encumbrance on such vehicle.
(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
ascer-
taining whether the facts stated in such application are true, and
if sat-
isfied 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. 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 pur-
chaser 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
acknowledg-
ment 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 or salvage vehicle. In addition, the reverse
side shall
contain two forms for reassignment by a dealer, stating the liens
or en-
cumbrances 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, se-
curity 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
encum-
brances thereon. Such statement of origin shall be delivered to the
pur-
chaser 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 regis-
tration, 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 $8 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 provided in article 9 of
chapter
84 of the Kansas Statutes Annotated, 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 20 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
comple-
tion 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 certif-
icate 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
require-
ments of this paragraph concerning delivery of an assigned title
are sat-
isfied if the transferor mails to the transferee by restricted mail
the as-
signed 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
trans-
feror 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
$8 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
de-
liver the certificate of title, application, and a fee of $8 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
pre-
sented 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 amend-
ments thereto, such seller shall be deemed to have possession of
the
certificate of title if such seller has made application therefor
to the di-
vision, 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
own-
ership 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 trans-
feree 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 state-
ment 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 state-
ment 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.
(12) The owner of any vehicle assigning a
certificate of title in ac-
cordance with the provisions of this section may file with the
division a
form indicating that such owner has assigned such certificate of
title. Such
forms shall be furnished by the division and shall contain such
information
as the division may require. Any owner filing a form as provided in
this
paragraph shall pay a fee of $10. The filing of such form shall be
prima
facie evidence that such certificate of title was assigned and
shall create
a rebuttable presumption. If the assignee of a certificate of title
fails to
make application for registration, an owner assigning such title
and filing
the form in accordance with the provisions of this paragraph shall
not be
held liable for damages resulting from the operation of such
vehicle.
(13) Application for a certificate of
title on a boat trailer with a gross
weight over 2,000 pounds shall be made by the owner or the
owner's
agent upon a 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 boat trailer shall
be accepted
as prima facie evidence that the applicant is the owner of the boat
trailer,
provided that a Kansas title for such trailer has not previously
been issued.
If the application and bill of sale are used to obtain a
certificate of title
for a boat trailer under this paragraph, the certificate of title
shall not be
issued until an inspection in accordance with subsection (a) of
K.S.A. 8-
116a, and amendments thereto, has been completed.
(14) In addition to the two forms for
reassignment under paragraph
(2) of subsection (c), a dealer may attach one additional
reassignment
form to a certificate of title. The director of vehicles shall
prescribe and
furnish such reassignment forms. The reassignment form shall be
used
by a dealer when selling the vehicle to another dealer or the
ultimate
owner of the vehicle only when the two reassignment forms under
par-
agraph (2) of subsection (c) have already been used. The fee for a
reas-
signment form shall be $4.50 until July 1, 2004, and $3.50
thereafter. A
dealer may purchase reassignment forms in multiples of five upon
making
proper application and the payment of required fees.
Sec. 4. K.S.A. 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, 2002, $6 $8 until July 1,
2004, and $3.50 thereafter, for the
title, and no charge shall be made for the registration, except,
when ap-
plicable, the fee for transfer of registration under K.S.A. 8-135,
and
amendments thereto.
Sec. 5. K.S.A. 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 im-
mediate 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,
2002, $6 $8 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
remov-
ing the same from the vehicle so transferred, then and in such case
no
fee shall be charged for such duplicate or substitute license
plate, includ-
ing 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. 6. K.S.A. 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 trea-
surer'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 applica-
tion, $.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
provi-
sions of this law and extra compensation to the county treasurer
for the
services performed in administering the provisions of this act,
which com-
pensation 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
admin-
istration of the duties of the county treasurer in accordance with
the
provisions of this act, shall not exceed the amount deposited in
such spe-
cial 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 sec-
retary of revenue. The secretary of revenue shall remit all such
fees re-
mitted to the state treasurer in accordance with the provisions of
K.S.A.
75-4215, and amendments thereto. Upon receipt of each such
remittance,
the state treasurer shall deposit the entire amount in the state
treasury
to the credit of the state highway fund, except as provided in
subsection
(d).
(d) (1) On July 1,
1997 2002, through June 30, 2004,
$2.50 $3.50 of
each certificate of title fee collected and remitted to the
secretary of
revenue, shall be remitted to the state treasurer who shall credit
such
$2.50 $3.50 to the Kansas highway patrol
motor vehicle fund. On July 1,
1999, through June 30, 2002 2004, $1 of
each certificate of title fee col-
lected and remitted to the secretary of revenue, shall be remitted
to the
state treasurer who shall credit such $1 to the VIPS/CAMA
technology
hardware fund.
(2) For repossessed vehicles, $3 of each
certificate of title fee col-
lected and remitted to the secretary of revenue, shall be remitted
to the
state treasurer who shall credit such $3 to the repossessed
certificates of
title fee fund.
(3) On July 1, 2002, through June 30,
2004, $3.50 of each reassign-
ment form fee collected and remitted to the secretary of
revenue, shall be
remitted to the state treasurer who shall credit such $3.50 to
the Kansas
highway patrol motor vehicle fund. One dollar of each
reassignment form
fee collected and remitted to the secretary of revenue, shall be
remitted to
the state treasurer who shall credit such $1 to the VIPS/CAMA
technology
hardware fund.
Sec. 7. K.S.A. 8-145d, as amended
by section 1 of 2002 House Bill
No. 2662, is hereby amended to read as follows: 8-145d. In addition
to
the annual vehicle registration fees prescribed by K.S.A. 8-143,
8-143b,
8-143c, 8-143g, 8-143h, 8-143i, 8-167, 8-172 and 8-195, and
amendments
thereto, and section 1 of 2002 House Bill No. 2794, and
amendments
thereto, any applicant for vehicle registration or renewal
thereof for reg-
istration shall pay a service fee in the amount of $3 to the county
treasurer
at the time of making such application. In addition to such service
fee,
the county treasurer may charge any applicant for vehicle
registration or
renewal thereof for registration, a satellite registration fee in
an amount
not to exceed $5 per vehicle registration or renewal thereof for
registra-
tion, when such application is made at a satellite registration
facility es-
tablished by the county treasurer. The county treasurer shall
deposit all
amounts received under this section in the special fund created
pursuant
to K.S.A. 8-145, and amendments thereto, and such amounts shall
be
used by the county treasurer for all purposes for which such fund
has
been appropriated by law, and such additional amounts are hereby
ap-
propriated as other amounts deposited in such fund.
Sec. 8. K.S.A. 8-170 is hereby
amended to read as follows: 8-170. (a)
Upon the transfer of ownership of any vehicle registered under the
fore-
going 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
fur-
nished by the division and shall contain such information as the
division
shall determine necessary. The division may waive any information
re-
quested 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 evi-
dence 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, 2002, $6 $8 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, 2002,
$6 $8 until July 1, 2004, and $3.50
thereafter.
Sec. 9. K.S.A. 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, 2002,
$6 $8 until July 1, 2004,
and $3.50 thereafter, registration receipt, $1, license plates,
$2.
Sec. 10. K.S.A. 8-198 is hereby
amended to read as follows: 8-198.
(a) A nonhighway or salvage 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 oth-
erwise 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 or salvage
vehicle, the purchaser thereof shall obtain a nonhighway
certificate of
title or salvage title, whichever is applicable, 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 or a salvage title,
whichever is
applicable, to the purchaser of such nonhighway vehicle or salvage
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
or salvage title, as provided in subsection (c).
(2) Except as provided in subsection (b)
of K.S.A. 8-199, and amend-
ments 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 or salvage vehicle may surrender such
certif-
icate of title to the division of vehicles and make application to
the division
for a nonhighway certificate of title or salvage title, whichever
is appli-
cable, 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, salvage title or
the regular
certificate of title with such form attached to the purchaser of
the non-
highway vehicle or salvage vehicle. Upon receipt of the nonhighway
cer-
tificate of title, salvage title or the regular certificate of
title with such
form attached, the purchaser shall make application for a new
nonhighway
certificate of title or salvage title, whichever is applicable, 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
or salvage title, whichever is applicable, 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 or salvage
ve-
hicle. If the division is satisfied that the transferor is the
owner, the di-
vision shall issue a nonhighway certificate of title or salvage
title, which-
ever is applicable, for such vehicle, and the transferor shall
assign the
same to the purchaser, who shall make application for a new
nonhighway
certificate of title or salvage title, whichever is applicable, as
provided in
subsection (c).
(c) Every purchaser of a nonhighway
vehicle or salvage vehicle,
whether assigned a nonhighway certificate of title, salvage 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 or
salvage title, whichever is applicable, 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 or salvage title
is made is
a nonhighway vehicle or salvage vehicle, whichever is applicable,
and
other provisions the director deems necessary. Each application for
a
nonhighway certificate of title or salvage title shall be
accompanied by a
fee of $7 until July 1, 2002, $6 $8 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
appli-
cation for a certificate of title thereunder, an additional fee of
$2.
(d) A nonhighway certificate of title or
salvage title shall be in form
and color as prescribed by the director of vehicles. A nonhighway
certif-
icate of title or salvage title shall indicate clearly and
distinctly on its face
that it is issued for a nonhighway vehicle or salvage vehicle,
whichever is
applicable. A nonhighway certificate of title or salvage 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
infor-
mation the director deems necessary.
(e) (1) A nonhighway certificate of
title or salvage title may be trans-
ferred 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 cer-
tificate of title or salvage title may be assigned and transferred
only while
the vehicle remains a nonhighway vehicle or salvage vehicle.
(2) Upon transfer or sale of a nonhighway
vehicle in a condition which
will allow the registration of such vehicle, the owner shall assign
the non-
highway 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
amend-
ments thereto.
(3) Upon transfer or sale of a salvage
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 salvage title to the
purchaser,
and the purchaser shall obtain a rebuilt salvage title and register
such
vehicle as provided in K.S.A. 8-135, and amendments thereto. No
rebuilt
salvage title shall be issued for a vehicle for which there has
been issued
a salvage title until there has been compliance with K.S.A. 8-116a,
and
amendments thereto.
(f) The owner of a salvage vehicle which
has been issued a salvage
title and 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 salvage
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
state-
ment attesting to the correctness of the information concerning
financial
security, the vehicle identification number and a description of
the ve-
hicle. 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 or salvage
vehicle for which a nonhighway
certificate of title or salvage 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 per-
mit pursuant to subsection (f), or who fails to obtain a permit
when re-
quired 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. 11. K.S.A. 58-4204, as amended
by section 4 of 2002 House Bill
No. 2723, is hereby amended to read as follows: 58-4204. (a) For
purposes
of this section, a manufactured home or mobile home shall be
considered
to be personal property. Upon the transfer or sale of any
manufactured
home or mobile home by any person or dealer, the new owner
thereof,
within 30 days, inclusive of weekends and holidays, from the date
of such
transfer or sale, shall make application to the division for the
issuance of
a certificate of title evidencing the new owner's ownership of such
man-
ufactured home or mobile home. An application for certificate of
title
shall be made by the owner of the manufactured home or mobile
home,
or the owner's agent, upon a form furnished by the division, and it
shall
state all liens or encumbrances thereon and such other information
as the
director may require. Notwithstanding any other provision of this
section,
no certificate of title, other than a duplicate title, shall be
issued for a
manufactured home or mobile home having any unreleased lien or
en-
cumbrance thereon, unless the transfer of such manufactured home
or
mobile home has been consented to in writing by the holder of the
lien
or encumbrance. Such consent shall be in a form approved by the
direc-
tor. 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 the manufactured home or
mobile
home, or otherwise entitled to have the certificate of title
therefor issued
in such applicant's name, shall so notify the division, who shall
issue an
appropriate certificate of title.
(b) The director shall design a
distinctive certificate of title to be
issued to owners of manufactured homes and mobile homes, so as to
be
distinguishable from certificates of title issued to owners of
vehicles. The
certificate of title shall contain a statement of any liens or
encumbrances
which the application discloses and shall provide such other
information
as the director determines necessary and appropriate. 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 oaths. This assignment
shall contain a statement
of all liens or encumbrances on the manufactured home or mobile
home
at the time of assignment. When the ownership of any
manufactured
home or mobile home passes by operation of law or by repossession
upon
default of a lease, security agreement or executory sales contract,
the
person owning such manufactured home or mobile home, upon
furnish-
ing satisfactory proof to the county treasurer of such ownership,
may
procure a certificate of title to the manufactured home or mobile
home.
(c) Dealers shall execute, upon delivery
to the purchaser of every new
manufactured home, 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 manufactured home
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 director. 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 the 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 director. Upon the presentation to the division of
a man-
ufacturer's statement of origin, by a manufacturer or dealer for a
new
manufactured home, sold in this state, a certificate of title shall
be issued.
(d) The fee for each original certificate
of title shall be $8 until July
1, 2004, and $3.50 thereafter. The certificate of
title shall be good for the
life of the manufactured home or mobile home while owned or held
by
the original holder of the certificate of title.
(e) Upon sale and delivery to the
purchaser of every manufactured
home or mobile home subject to a purchase money security interest,
as
provided for in article 9 of chapter 84 of the Kansas Statutes
Annotated,
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 director,
describing the
manufactured home or mobile home and showing the name and
address
of the secured party and of the debtor and such other information
as the
director may require. The dealer or secured party may, within 10
days of
the sale and delivery, mail or deliver the notice of security
interest, to-
gether 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 manufactured home or mobile home and a
cer-
tificate of title is issued. The certificate of title shall
indicate any security
interest in the manufactured home or mobile home. 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
comple-
tion and timely mailing or delivery of a notice of security
interest by a
dealer or secured party shall perfect a security interest in the
manufac-
tured home or mobile home described on the date of such mailing
or
delivery.
(f) In the event of a sale or transfer of
ownership of a manufactured
home or mobile home 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 manufactured home or mobile home, 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 director and printed
thereon,
and the transferor shall deliver the same to the buyer at the time
of
delivery to the buyer of the manufactured home or mobile home, or
at a
time agreed upon by the parties, not to exceed 30 days, inclusive
of week-
ends and holidays, after the time of delivery. The sale of a mobile
home
or manufactured home by a manufactured home dealer without such
delivery of an assigned certificate of title is fraudulent and
void, and it
shall constitute a violation of the Kansas manufactured housing
act. The
agreement of the parties shall be executed on a form provided by
the
division. The requirements of this subsection 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. 58-4202, and
amendments
thereto, such transferor shall be deemed to have possession of the
cer-
tificate 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, and a new certificate of title shall be issued to the
buyer upon
payment of the fee of $8 until July 1, 2004, and $3.50
thereafter. If such
manufactured home or mobile home 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. If any manufactured home or mobile home is
destroyed,
dismantled or sold as junk, the owner shall immediately notify the
division
by surrendering the original or assigned certificate of title.
(g) When a person acquires a security
agreement on a manufactured
home or mobile home subsequent to the issuance of the original
title on
such manufactured home or mobile home, such person shall require
the
holder of the certificate of title to surrender the same and sign
an appli-
cation for a mortgage title in such form as prescribed by the
director.
Upon such surrender, the person shall immediately deliver the
certificate
of title, application and a fee of $8 until July 1, 2004,
and $3.50 thereafter
to the division. Upon receipt thereof the division shall issue a
new cer-
tificate of title, showing the liens or encumbrances so created,
but not
more than two liens or encumbrances may be shown upon a title.
The
delivery of the certificate of title, application and fee to the
division shall
perfect such person's security interest in the manufactured home or
mo-
bile home described in the certificate of title. When a prior
lienholder's
name is removed from the title, there must be satisfactory evidence
pre-
sented 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 re-
stricted 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.
(h) In the event of the sale of a
manufactured home or mobile home
under the order of a court, 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
manufactured home or mobile home. 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.
(i) Any dealer who has acquired a
manufactured home or mobile
home, 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 retain a Kansas
certificate
of title therefor during the time such manufactured home or mobile
home
remains in such dealer's possession and at such dealer's
established or
supplemental place of business for the purpose of sale. Upon the
sale of
any such manufactured home or mobile home, the dealer
immediately
shall deliver to the purchaser or transferee the certificate of
title issued
by the other state, properly endorsed and assigned to the purchaser
or
transferee, together with an affidavit executed by the dealer
setting forth:
(1) That the dealer warrants to the
purchaser or transferee and all
other persons who claim through the purchaser or transferee that,
at the
time of the sale transfer and delivery by the dealers, the
manufactured
home or mobile home was free and clear of all liens, mortgages and
other
encumbrances, except those otherwise appearing on the title;
(2) the information shown on the title
relating to all previous assign-
ments, including the names of all previous titleholders shown
thereon;
and
(3) that the dealer has the right to sell
and transfer the manufactured
home or mobile home.
Sec. 12. On and after January 1,
2003, K.S.A. 58-4204, as amended
by section 11 of 2002 House Substitute for Senate Bill No. 364, is
hereby
amended to read as follows: 58-4204. (a) For purposes of this
section, a
manufactured home or mobile home shall be considered to be
personal
property.
(b) The provisions of this section
shall apply to any electronic certif-
icate of title, except to the extent such provisions are made
inapplicable
by or are inconsistent with section 2 of 2002 Senate Bill No.
449, and
amendments thereto, or with rules and regulations adopted
pursuant to
section 2 of Senate Bill No. 449, and amendments
thereto.
The provisions of this section shall apply
to any certificate of title issued
prior to January 1, 2003, which indicates that there is a lien
or encum-
brance on such manufactured home or mobile home.
(c) Upon the transfer or sale of
any manufactured home or mobile
home by any person or dealer, the new owner thereof, within 30
days,
inclusive of weekends and holidays, from the date of such transfer
or sale,
shall make application to the division for the issuance of a
certificate of
title evidencing the new owner's ownership of such manufactured
home
or mobile home. An application for certificate of title shall be
made by
the owner of the manufactured home or mobile home, or the
owner's
agent, upon a form furnished by the division, and it shall state
all liens or
encumbrances thereon and such other information as the director
may
require. Notwithstanding any other provision of this section, no
certificate
of title, other than a duplicate title, shall be
issued for a manufactured
home or mobile home having any unreleased lien or encumbrance
thereon, unless the transfer of such manufactured home or mobile
home
has been consented to in writing by the holder of the lien or
encum-
brance. Such consent shall be in a form approved by the director.
The
county treasurer shall use reasonable diligence in ascertaining
whether
the facts stated in such application are true, and if satisfied
that the ap-
plicant is the lawful owner of the manufactured home or mobile
home,
or otherwise entitled to have the certificate of title therefor
issued in such
applicant's name, shall so notify the division, who shall issue an
appro-
priate certificate of title.
(b) (d) The
director shall design a distinctive certificate of title to be
issued to owners of manufactured homes and mobile homes, so as to
be
distinguishable from certificates of title issued to owners of
vehicles. The
certificate of title shall contain a statement of any liens or
encumbrances
which the application discloses and shall provide such other
information
as the director determines necessary and appropriate. The
certificate of
title shall contain upon the reverse side a form for assignment of
title to
be executed by the owner. This assignment shall contain a statement
of
all liens or encumbrances on the manufactured home or mobile home
at
the time of assignment. When the ownership of any manufactured
home
or mobile home passes by operation of law or by repossession upon
de-
fault of a lease, security agreement or executory sales contract,
the person
owning such manufactured home or mobile home, upon furnishing
sat-
isfactory proof to the county treasurer of such ownership, may
procure a
certificate of title to the manufactured home or mobile home.
(c) (e) Dealers
shall execute, upon delivery to the purchaser of every
new manufactured home, a manufacturer's statement of origin stating
the
liens and encumbrances thereon. Such statement of origin shall be
deliv-
ered to the purchaser at the time of delivery of the manufactured
home
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 director. 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 the 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 director. Upon the presentation to the division of
a man-
ufacturer's statement of origin, by a manufacturer or dealer for a
new
manufactured home, sold in this state, a certificate of title shall
be issued.
(d) (f) The fee
for each original certificate of title shall be $8 until
July 1, 2004, and $3.50 thereafter. The certificate of title shall
be good
for the life of the manufactured home or mobile home while owned
or
held by the original holder of the certificate of title.
(e) (g) Upon sale
and delivery to the purchaser of every manufactured
home or mobile home subject to a purchase money security interest,
as
provided for in article 9 of chapter 84 of the Kansas Statutes
Annotated,
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 director,
describing the
manufactured home or mobile home and showing the name and
address
of the secured party and of the debtor and such other information
as the
director may require. The dealer or secured party may, within 10
days of
the sale and delivery, mail or deliver the notice of security
interest, to-
gether 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 manufactured home or mobile home and a
cer-
tificate of title is issued. The certificate of title shall
indicate any security
interest in the manufactured home or mobile home. 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
comple-
tion and timely mailing or delivery of a notice of security
interest by a
dealer or secured party shall perfect a security interest in the
manufac-
tured home or mobile home described on the date of such mailing
or
delivery.
(f) (h) In the
event of a sale or transfer of ownership of a manufac-
tured home or mobile home 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 manufactured home or mobile home, 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 director and printed
thereon,
and the transferor shall deliver the same to the buyer at the time
of
delivery to the buyer of the manufactured home or mobile home, or
at a
time agreed upon by the parties, not to exceed 30 days, inclusive
of week-
ends and holidays, after the time of delivery. The sale of a mobile
home
or manufactured home by a manufactured home dealer without such
delivery of an assigned certificate of title is fraudulent and
void, and it
shall constitute a violation of the Kansas manufactured housing
act. The
agreement of the parties shall be executed on a form provided by
the
division. The requirements of this subsection 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. 58-4202, and
amendments
thereto, such transferor shall be deemed to have possession of the
cer-
tificate 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, and a new certificate of title shall be issued to the
buyer upon
payment of the fee of $8 until July 1, 2004, and $3.50 thereafter.
If such
manufactured home or mobile home 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. If any manufactured home or mobile home is
destroyed,
dismantled or sold as junk, the owner shall immediately notify the
division
by surrendering the original or assigned certificate of title.
(g) (i) When a
person acquires a security agreement on a manufac-
tured home or mobile home subsequent to the issuance of the
original
title on such manufactured home or mobile home, such person shall
re-
quire the holder of the certificate of title to surrender the same
and sign
an application for a mortgage title in such form as prescribed by
the
director. Upon such surrender, the person shall immediately deliver
the
certificate of title, application and a fee of $8 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.
The delivery of the certificate of title, application and fee to
the division
shall perfect such person's security interest in the manufactured
home or
mobile home described in the certificate of title. When a prior
lien-
holder's name is removed from the title, there must be satisfactory
evi-
dence 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.
(h) (j) In the
event of the sale of a manufactured home or mobile
home under the order of a court, 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 manufactured home or mobile home. 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.
(i) (k) Any
dealer who has acquired a manufactured home or mobile
home, 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 retain a Kansas
certificate
of title therefor during the time such manufactured home or mobile
home
remains in such dealer's possession and at such dealer's
established or
supplemental place of business for the purpose of sale. Upon the
sale of
any such manufactured home or mobile home, the dealer
immediately
shall deliver to the purchaser or transferee the certificate of
title issued
by the other state, properly endorsed and assigned to the purchaser
or
transferee, together with an affidavit executed by the dealer
setting forth:
(1) That the dealer warrants to the
purchaser or transferee and all
other persons who claim through the purchaser or transferee that,
at the
time of the sale transfer and delivery by the dealers, the
manufactured
home or mobile home was free and clear of all liens, mortgages and
other
encumbrances, except those otherwise appearing on the title;
(2) the information shown on the title
relating to all previous assign-
ments, including the names of all previous titleholders shown
thereon;
and
(3) that the dealer has the right to sell
and transfer the manufactured
home or mobile home.
Sec. 13. K.S.A. 2001 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, 2002,
$6 $8 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. 14. K.S.A. 8-135, 8-135, as amended by section 1 of
2002 Senate
Bill No. 507, 8-135, as amended by section 2 of 2002 House Bill
No.
2794, 8-135a, 8-139, 8-145, 8-145, as amended by section 3 of 2002
House
Bill No. 2794, 8-145d, as amended by section 1 of 2002 House Bill
No.
2662, 8-145d, as amended by section 4 of 2002 House Bill No. 2794,
8-
170, 8-171, 8-198 and 58-4204, as amended by section 4 of 2002
House
Bill No. 2723 and K.S.A. 2001 Supp. 74-2013 are hereby
repealed.
Sec. 15. On and after January 1, 2003, K.S.A. 8-126, as
amended by
section 2 of 2002 House Bill No. 2663, 8-126, as amended by section
3
of 2002 Senate Bill No. 449, 8-135, as amended by section 4 of
2002
Senate Bill No. 449, 8-135, as amended by section 2 of 2002 House
Sub-
stitute for Senate Bill No. 364, 58-4204, as amended by section 6
of 2002
Senate Bill No. 449 and 58-4204, as amended by section 11 of 2002
House
Substitute for Senate Bill No. 364 are hereby repealed.
Sec. 16. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved May 17, 2002.
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