Session Law

Identifying Information:L. 2002 ch. 190
Other Identifying Information:2002 Substitute for House Bill 2653
Tax Type:Vehicles
Brief Description:(Amends Chapter 134)An Act relating to antique vehicles; concerning certificates of title; amending K.S.A. 8- 116a and 8-170, as amended by section 8 of 2002 House Substitute for Senate Bill No. 364 and repealing the existing sections.
Keywords:


Body:

CHAPTER 190

Substitute for HOUSE BILL No. 2653

(Amends Chapter 134)


An Act relating to antique vehicles; concerning certificates of title; amending K.S.A. 8-

116a and 8-170, as amended by section 8 of 2002 House Substitute for Senate Bill No.


364 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 8-116a is hereby amended to read as follows: 8-

116a. (a) Except as provided in K.S.A. 8-170, and amendments thereto,

when an application is made for a vehicle which has been assembled,

reconstructed, reconstituted or restored from one or more vehicles, or

the proper identification number of a vehicle is in doubt, the procedure

in this section shall be followed. The owner of the vehicle shall request

the Kansas highway patrol to check the vehicle and the highway patrol

shall within a reasonable period of time perform such vehicle check. At

the time of such check the owner shall supply the highway patrol with

information concerning the history of the various parts of the vehicle.

Such information shall be supplied by affidavit of the owner, if so re-

quested by the highway patrol. If the highway patrol is satisfied that the

vehicle contains no stolen parts, it shall assign an existing or new identi-

fication number to the vehicle and direct the places and manner in which

the identification number is to be located and affixed or implanted. A

charge of $10 per hour or part thereof, with a minimum charge of $10,

shall be made to the owner of a vehicle requesting check under this

subsection, and such charge shall be paid prior to the check under this

section. When a check has been made under subsection (b), not more

than 60 days prior to a check of the same vehicle identification number,

requested by the owner of the vehicle to obtain a regular certificate of

title in lieu of a nonhighway certificate of title or obtain a rebuilt salvage

title in lieu of a salvage title, no charge shall be made for such second

check.

(b) Any person making application for any original Kansas title for a

used vehicle which, at the time of making application, is titled in another

jurisdiction, as a condition precedent to obtaining any Kansas title, shall

have such vehicle checked by the Kansas highway patrol for verification

that the vehicle identification number shown on the foreign title is gen-

uine and agrees with the identification number on the vehicle. Checks

under this section may include inspection for possible violation of K.S.A.

21-3757, and amendments thereto, or other evidence of possible fraud.

The verification shall be made upon forms prescribed by the division of

vehicles which shall contain such information as the secretary of revenue

shall require by rules and regulations. A charge of $10 per hour or part

thereof, with a minimum charge of $10, shall be made for checks under

this subsection. When a vehicle is registered in another state, but is fi-

nanced by a Kansas financial institution and is repossessed in another

state and such vehicle will not be returned to Kansas, the check required

by this subsection (b) shall not be required to obtain a valid Kansas title

or registration.

(c) As used in this act, ``identification number'' or ``vehicle identifi-

cation number'' means an identifying number, serial number, engine

number, transmission number or other distinguishing number or mark,

placed on a vehicle, engine, transmission or other essential part by its

manufacturer or by authority of the division of vehicles or the Kansas

highway patrol or in accordance with the laws of another state or country.

(d) The checks made under subsection (b) may be made by:

(1) A designee of the superintendent of the Kansas highway patrol;

or

(2) an employee of a new vehicle dealer, as defined in subsection (b)

of K.S.A. 8-2401, and amendments thereto, for the purposes provided for

in subsection (f). For checks made by a designee, $1 of each charge shall

be remitted to the Kansas highway patrol and the balance of such charges

shall be retained by such designee. When a check is made under either

subsection (a) or (b) by personnel of the Kansas highway patrol or when

a check is made under subsection (b) by an employee of a new vehicle

dealer, the entire amount of the charge therefor shall be paid to the

highway patrol.

(e) There is hereby created the vehicle identification number fee

fund. The Kansas highway patrol shall remit all moneys received by the

Kansas highway patrol from fees collected under subsection (d) 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 vehicle identification number fee fund. All expenditures from the

vehicle identification number fee fund shall be made in accordance with

appropriations acts upon warrants of the director of accounts and reports

issued pursuant to vouchers approved by the superintendent of the Kan-

sas highway patrol or by a person or persons designated by the superin-

tendent.

(f) An employee of a new vehicle dealer, who has received initial

training and certification from the highway patrol, and has met continuing

certification requirements, in accordance with rules and regulations

adopted by the superintendent of the highway patrol, may provide the

checks under subsection (b), in accordance with rules and regulations

adopted by the superintendent of the highway patrol, on motor vehicles

repurchased or reacquired by a manufacturer, distributor or financing

subsidiary of such manufacturer and which are purchased by the new

vehicle dealer. At any time, after a hearing in accordance with the pro-

visions of the Kansas administrative procedure act, the superintendent of

the highway patrol may revoke, suspend, decline to renew or decline to

issue certification for failure to comply with the provisions of this sub-

section, including any rules and regulations.

Sec. 2. K.S.A. 8-170, as amended by section 8 of 2002 House Sub-

stitute for Senate Bill No. 364, is hereby amended to read as follows: 8-

170. (a) Upon the transfer of ownership of any vehicle registered under

the foregoing provisions of this act, its registration and right to use the

license plates thereon shall expire and thereafter there shall be no transfer

of any registration, and the license plates shall be removed by the owner

thereof and it shall be unlawful for any person other than the person to

whom such license plates were originally issued to have the same in pos-

session. 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 subsec-

tion (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. For any antique vehicle having

a model year prior to 1950, the application together with a bill of sale for

the antique vehicle shall be accepted as prima facie evidence that the

applicant is the owner of the vehicle and the certificate of title shall be

issued for such vehicle. If the application and bill of sale are used to obtain

a certificate of title for any antique vehicle having a model year of 1950

or later, the certificate of title shall not be issued until an inspection in

accordance with subsection (a) of K.S.A. 8-116, and amendments thereto,

has been completed. The certificate of title shall be delivered to the ap-

plicant. 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 $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 under the provisions

of this subsection, 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 certif-

icate of title shall be issued to the buyer, the fee therefor being $8 until

July 1, 2004, and $3.50 thereafter.

Sec. 3. K.S.A. 8-116a and 8-170, as amended by section 8 of 2002

House Substitute for Senate Bill No. 364 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 30, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002