Session Law

Identifying Information:L. 2003 ch. 034
Other Identifying Information:2003 House Bill 2189
Tax Type:Vehicles
Brief Description:An Act relating to motor vehicles; concerning the registration thereof; amending K.S.A.8-134 and 8-143a and K.S.A. 2002 Supp. 8-143 and repealing the existing sections.
Keywords:


Body:

CHAPTER 34

HOUSE BILL No. 2189

An Act relating to motor vehicles; concerning the registration thereof; amending K.S.A.

8-134 and 8-143a and K.S.A. 2002 Supp. 8-143 and repealing the existing sections.


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

Section 1. K.S.A. 8-134 is hereby amended to read as follows: 8-134.

(a) Every vehicle registration under this act shall expire December 31 of

each year, except passenger vehicles and vehicles provided for in K.S.A.

8-134a, and amendments thereto. The registration of vehicles to which

K.S.A. 8-134a, and amendments thereto, applies shall expire in 1982 and

thereafter in accordance with the provisions of subsections (b) and (c).

Registration of vehicles shall be renewed annually upon application by

the owner and by payment of the fees required by law. Except vehicles

subject to K.S.A. 8-134a, and amendments thereto, and passenger vehi-

cles, the renewal shall take effect on January 1 of each year but the owner

of the vehicle shall have until and including the last day of February 15

of each year within which to make application for such renewal. The

division shall issue for such vehicles a February month decal to corre-

spond with the statutory grace period. Criminal sanctions provided in

K.S.A. 8-142 and amendments thereto, for failure to display any license

plate or plates or any registration decal required to be affixed to any such

license plate for the current registration year shall not be enforced until

after February 15 March 1 of each year. An owner who has made proper

application for renewal of registration of a vehicle prior to January 1, but

who has not received the license plate or registration card for the ensuing

year, shall be entitled to operate or permit the operation of such vehicle

upon the highways upon displaying thereon the license plate issued for

the preceding year for such time as the director of vehicles finds necessary

for issuance of such new license plate.

(b) Every passenger vehicle required by this act to be registered,

except as otherwise provided, shall be registered for a period of 12 con-

secutive months. The division of vehicles, in order to initiate a system of

registering or reregistering passenger vehicles during any month of a cal-

endar year, may register or reregister a passenger vehicle for less than a

twelve-month period, prorating the annual registration fee, when in the

director's opinion such proration tends to fulfill the purpose of the

monthly registration system.

(c) Passenger vehicle registration, and the authority to legally operate,

use, or tow such vehicle on the highway shall expire at 12:00 a.m. midnight

on the last day of the last month of the twelve-month period for which

such vehicle was registered, and the owner shall see that such vehicle is

reregistered as required by this act. The director of vehicles shall desig-

nate the registration period for each passenger vehicle in order to as

nearly as feasible equalize registration or reregistration within the 12

months of the year. Any vehicle after having once been registered shall

upon reregistration, be registered for the same twelve-month period ex-

cept when the certificate of title has been transferred as provided by law.

In this case, the vehicle shall be registered by the division of vehicles in

accordance with the system adopted.

(d) For the purpose of this act, hearses and electrically propelled

vehicles shall be classified as passenger vehicles.

(e) Every owner who registers or reregisters a vehicle in a calendar

year, and in any calendar year in which a license plate is not issued for

the renewal of registration of such vehicle, shall be furnished by the di-

vision one decal for the license plate issued for such vehicle and required

by K.S.A. 8-133, and amendments thereto, to be affixed to the rear of

such vehicle. Such decal shall be affixed to the number plate affixed to

the rear of such vehicle and shall contain the letters designating the

county in which such vehicle is registered, as provided in K.S.A. 8-147,

and amendments thereto, shall be numbered serially in each county and

shall indicate the year in which such registration expires. The color of a

decal shall be such that it contrasts with the color of the license plate to

which it is to be affixed, and the director of vehicles shall change the color

of such decals each year, without duplicating the same color in any five-

year period or such extended period as the director designates under

subsection (b) of K.S.A. 8-132 and amendments thereto. Such decals shall

be so constructed that once a decal has been affixed to a license plate it

cannot be removed without destroying the decal, and the surface of such

decals shall be capable of reflecting light. Consistent with the foregoing,

the director of vehicles shall prescribe the size of and material to be used

in the production of such decals, and the director of vehicles shall des-

ignate the location on a number plate where such decal shall be affixed.

(f) The secretary of revenue shall adopt rules and regulations nec-

essary to accomplish the purpose of this act.

Sec. 2. K.S.A. 2002 Supp. 8-143 is hereby amended to read as fol-

lows: 8-143. (1) All applications for the registration of motorcycles, mo-

torized bicycles and passenger vehicles other than trucks and truck trac-

tors, except as otherwise provided, shall be accompanied by an annual

license fee as follows: For motorized bicycles, $11; for motorcycles, $16;

for passenger vehicles, other than motorcycles, used solely for the car-

rying of persons for pleasure or business, and for hearses and ambulances

a fee of (i) $30 for those having a gross weight of 4,500 pounds or less;

(ii) $40 for those having a gross weight of more than 4,500 pounds; for

each electrically propelled motor vehicle, except electrically propelled

vehicles intended for the purpose of transporting any commodity, goods,

merchandise, produce or freight, or passengers for hire, a fee of $14.

Except for motor vehicles, trailers or semitrailers registered under the

provisions of K.S.A. 8-1,134, and amendments thereto, the annual reg-

istration fee for each motor vehicle, trailer or semitrailer owned by any

political or taxing subdivision of this state or by any agency or instrumen-

tality of any one or more political or taxing subdivisions of this state and

used exclusively for governmental purposes and not for any private or

utility purposes, which is not otherwise exempt from registration, shall be

$2.

(2) As used in this subsection, the term ``gross weight'' shall mean

and include the empty weight of the truck, or combination of the truck

or truck tractor and any type trailer or semitrailer, plus the maximum

weight of cargo which will be transported on or with the same, except

when the empty weight of a truck plus the maximum weight of cargo

which will be transported thereon is 12,000 pounds or less. The term

gross weight shall not include: The weight of any travel trailer propelled

thereby which is being used for private recreational purposes; or the

weight of any vehicle or combination of vehicles for which wrecker or

towing service, as defined in K.S.A. 66-1329, and amendments thereto,

is to be provided by a wrecker or tow truck, as defined in K.S.A. 66-1329,

and amendments thereto. Such wrecker or tow truck shall be registered

for the empty weight of such vehicle fully equipped for the recovery or

towing of vehicles. The gross weight license fees hereinafter prescribed

shall only apply to the truck or truck tractor used as the propelling unit

for the cargo and vehicle propelled, either as a single vehicle or combi-

nation of vehicles. On application for the registration of a truck or truck

tractor, the owner thereof shall declare as a part of such application the

maximum gross weight the owner desires to be applicable to such vehicle,

which declared gross weight in no event shall be in excess of the limita-

tions described by K.S.A. 8-1908 and 8-1909, and amendments thereto,

for such vehicle or combination of vehicles of which it will be a part. All

applications for the registration of trucks or truck tractors, except as oth-

erwise provided herein, shall be accompanied by an annual license fee as

follows:

For a gross weight of 12,000 lbs. or less $40
For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs. 102
For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 132
For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 197
For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 312
For a gross weight of more than 26,000 lbs. and not more than 30,000 lbs. 312
For a gross weight of more than 30,000 lbs. and not more than 36,000 lbs. 375
For a gross weight of more than 36,000 lbs. and not more than 42,000 lbs. 475
For a gross weight of more than 42,000 lbs. and not more than 48,000 lbs. 605
For a gross weight of more than 48,000 lbs. and not more than 54,000 lbs. 805
For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 1,010
For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 1,210
For a gross weight of more than 66,000 lbs. and not more than 74,000 lbs. 1,535
For a gross weight of more than 74,000 lbs. and not more than 80,000 lbs. 1,735
For a gross weight of more than 80,000 lbs. and not more than 85,500 lbs. 1,935

If the applicant for registration of any truck or truck tractor for a gross

weight of more than 12,000 pounds is the state of Kansas or any political

or taxing subdivision or agency of the state, except a city or county, whose

truck or truck tractor is not otherwise entitled to the $2 license fee or

otherwise exempt from all fees, such vehicle may be licensed for a fee in

accordance with the schedule hereinafter prescribed for local trucks or

truck tractors.

If the applicant for registration of any truck or truck tractor for a gross

weight of more than 12,000 pounds shall under oath state in writing on

a form prescribed and furnished by the director of vehicles that the ap-

plicant does not expect to operate it more than 6,000 miles in the calendar

year for which the applicant seeks registration, and that if the applicant

shall operate it more than 6,000 miles during such registration year such

applicant will pay an additional fee equal to the fee required by the pre-

ceding schedule, less the amount of the fee paid at time of registration,

such vehicle may be licensed for a fee in accordance with the schedule

hereinafter prescribed for local trucks or truck tractors; and whenever

the same is registered on a local truck or truck tractor fee basis a tab or

marker shall be issued in connection with the regular license plate, which

tab or marker shall be attached or affixed to and displayed with the regular

license plate and the failure to have the same attached, affixed or dis-

played shall be subject to the same penalties as provided by law for the

failure to display the regular license plate; and the secretary of revenue

may adopt rules and regulations requiring the owners of trucks and truck

tractors so registered on a local truck or truck tractor fee basis to keep

such records and make such reports of mileage of such vehicles as the

secretary of revenue shall deem proper.

A transporter delivering vehicles not the transporter's own by the dri-

veaway method where such vehicles are being driven, towed, or trans-

ported singly, or by the saddlemount, towbar, or fullmount methods, or

by any lawful combination thereof, may apply for license plates which

may be transferred from one such vehicle or combination to another for

each delivery without further registration, and the annual license fee for

such license plate shall be as follows:

For the first such set of license plates $44
For each additional such set of license plates 18

A truck or truck tractor registered for a gross weight of more than

12,000 pounds, which is operated wholly within the corporate limits of a

city or village or within a radius of 25 miles beyond the corporate limits,

shall be classified as a local truck except that in no event shall such vehicles

operated as contract or common carriers outside a radius of three miles

beyond the corporate limits of the city or village in which such vehicles

were based when registered and licensed be considered local trucks or

truck tractors. The secretary of revenue is hereby authorized and directed

to adopt rules and regulations prescribing a procedure for the issuance

of permits by the division of vehicles whereby owners of local trucks or

truck tractors may operate any such vehicle, empty, beyond the radius

hereinbefore prescribed, when such operation is solely for the purpose

of having such vehicle repaired, painted or serviced or for adding addi-

tional equipment thereto. The annual license fee for a local truck or truck

tractor, except as otherwise provided herein, shall be as follows:

For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs. $62
For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 102
For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 132
For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 177
For a gross weight of more than 26,000 lbs. and not more than 30,000 lbs. 177
For a gross weight of more than 30,000 lbs. and not more than 36,000 lbs. 215
For a gross weight of more than 36,000 lbs. and not more than 42,000 lbs. 245
For a gross weight of more than 42,000 lbs. and not more than 48,000 lbs. 315
For a gross weight of more than 48,000 lbs. and not more than 54,000 lbs. 415
For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 480
For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 580
For a gross weight of more than 66,000 lbs. and not more than 74,000 lbs. 760
For a gross weight of more than 74,000 lbs. and not more than 80,000 lbs. 890
For a gross weight of more than 80,000 lbs. and not more than 85,500 lbs. 1,010

A truck or truck tractor registered for a gross weight of more than

12,000 pounds, which is owned by a person engaged in farming and which

truck or truck tractor is used by such owner to transport agricultural

products produced by such owner or commodities purchased by such

owner for use on the farm owned or rented by the owner of such farm

truck or truck tractor, shall be classified as a farm truck or truck tractor

and the annual license fee for such farm truck shall be as follows:

For a gross weight of more than 12,000 lbs. and not more than 16,000 lbs. $37
For a gross weight of more than 16,000 lbs. and not more than 20,000 lbs. 42
For a gross weight of more than 20,000 lbs. and not more than 24,000 lbs. 52
For a gross weight of more than 24,000 lbs. and not more than 26,000 lbs. 72
For a gross weight of more than 26,000 lbs. and not more than 36,000 lbs. 72
For a gross weight of more than 36,000 lbs. and not more than 54,000 lbs. 75
For a gross weight of more than 54,000 lbs. and not more than 60,000 lbs. 190
For a gross weight of more than 60,000 lbs. and not more than 66,000 lbs. 370
For a gross weight of more than 66,000 lbs. 610
A vehicle licensed as a farm truck or truck tractor may be used by the

owner thereof to transport, for charity and without compensation of any

kind, commodities for religious or educational institutions. A truck which

is licensed as a farm truck may also be used for the transportation of sand,

gravel, slag stone, limestone, crushed stone, cinders, black top, dirt or fill

material to a township road maintenance or construction site of the town-

ship in which the owner of such truck resides. Any applicant for registra-

tion of any farm truck or farm truck tractor used in combination with a

trailer or semitrailer shall register the farm truck or farm truck tractor for

a gross weight which shall include the empty weight of the truck or truck

tractor or of the combination of any truck or truck tractor and any type

of trailer or semitrailer, plus the maximum weight of cargo which will be

transported on or with the same. The applicant for registration of any

farm truck or farm truck tractor used to transport a gross weight of more

than 54,000 pounds shall durably letter on the side of the motor vehicle

the words ``farm vehicle--not for hire.'' If an applicant for registration of

any farm truck or farm truck tractor operates such vehicle for any use or

purpose not authorized for a farm truck or farm truck tractor, such ap-

plicant shall pay an additional fee equal to the fee required for the reg-

istration of all trucks or truck tractors not registered as local, 6,000-mile

or farm truck or farm truck tractor motor vehicles, less the amount of the

fee paid at time of registration. Nothing in this or the preceding paragraph

shall authorize a gross weight of a vehicle or combination of vehicles on

the national system of interstate and defense highways greater than per-

mitted by laws of the United States congress.

Except as hereinafter provided, the annual license fee for each local

urban transit bus used in local urban transit operations exempted under

the provisions of subsection (a) of K.S.A. 66-1,109, and amendments

thereto, shall be based on the passenger seating capacity of the bus and

shall be as follows:

8 or more, but less than 31 passengers $15
31 or more, but less than 40 passengers 30
More than 39 passengers 60
except that the annual license fee for each local urban transit bus which

is owned by a metropolitan transit authority established pursuant to ar-

ticles 25 and 28 of chapter 12 or pursuant to article 31 of chapter 13 of

the Kansas Statutes Annotated shall be $2.

For licensing purposes, station wagons with a carrying capacity of less

than 10 passengers shall be subject to registration fees based on the

weight of the vehicles, as provided in subsection (1). Station wagons with

a carrying capacity of 10 or more passengers shall be subject to the truck

classifications and license fees therefor shall be as herein provided:

(a) For any trailer, semitrailer, travel trailer or pole trailer the annual

license fee shall be as follows: For any such vehicle with a gross weight

of more than 12,000 pounds the annual fee shall be $35; any such vehicle

grossing more than 8,000 pounds but not over 12,000 pounds, the annual

fee shall be $25; for any such vehicle grossing more than 2,000 pounds

but not over 8,000 pounds, the annual fee shall be $15. Any such vehicle

having a gross weight of 2,000 pounds or less may, at the owner's option,

be registered and the fee for such registration shall be $15.

Any trailer, semitrailer or travel trailer owned by a nonresident of this

state and based in another state, which is properly registered and licensed

in the state of residence of the owner or in the state where based, may

be operated in this state without being registered or licensed in this state

if the truck or truck tractor propelling the same is properly registered and

licensed in this state, or is registered and licensed in some other state and

is entitled to reciprocal privileges of operation in this state, but this pro-

vision shall not apply to any trailer or semitrailer owned by a nonresident

of this state when such trailer or semitrailer is owned by a person who

has proportionately registered and licensed a fleet of vehicles under the

provisions of K.S.A. 8-1,101 to 8-1,123, inclusive, and amendments

thereto, or under the terms of any reciprocal or proration agreement

made pursuant thereto.

At the option of the owner, any trailer, semitrailer or pole trailer, with

a gross weight of more than 12,000 pounds, may be issued a multi-year

registration for a five-year period upon payment of the appropriate reg-

istration fee. The fee for a five-year registration of such trailer shall be

five times the annual fee for such trailer. If the annual registration fee is

increased during the multi-year registration period, the owner of the

trailer with such multi-year registration shall be subject to the amount of

the increase of the annual registration fee for the remaining calendar

years of such multi-year registration. When the owner of any trailer, sem-

itrailer or pole trailer registered under this multi-year provision transfers

or assigns the title, or interest thereto, the registration of such trailer shall

expire. The owner shall remove the license plate from such trailer and

forward the license plate to the division of vehicles or may have such

license plate assigned to another trailer, semitrailer or pole trailer upon

the payment of fees required by law. Any owner of a trailer, semitrailer

or pole trailer where the multi-year registration fee has been paid and

the trailer is sold, junked, repossessed, foreclosed by a mechanic's lien or

title transferred by operation of law, and the registration thereon is not

going to be transferred to another trailer, may secure a refund for the

registration fee for the remaining calendar years by making application

to the division of vehicles on a form and in the manner prescribed by the

director of vehicles. The secretary of revenue may adopt such rules and

regulations necessary to implement the multi-year registration of such

trailers, semitrailers and pole trailers.

(b) Any truck or truck tractor having a gross weight of 4,000 pounds

or over, using solid tires, shall pay a license fee of double the amount

herein charged. The annual fees herein provided for trucks, truck tractors

and trailers not subject to K.S.A. 8-134a, and amendments thereto, shall

be due January 1 of each year and payable on or before the last day of

February 15 in each year. If the fee is not paid by such date a penalty of

$1 shall be added to the fee charged herein for each month or fraction

thereof and until December 31 of each registration year. The annual

registration fee for all passenger vehicles and vehicles subject to K.S.A.

8-134a, and amendments thereto, shall be due on or before the last day

of the month in which the registration plate expires and shall be due for

other vehicles as provided by K.S.A. 8-134, and amendments thereto. If

the registration fee is not paid by such date a penalty of $1 shall be added

to the fee charged herein for each month or fraction thereof until such

registration fee is paid. Members of the armed forces of the United States

shall be permitted to apply for registration at any time and be subject to

registration fee, less penalties, applicable at the time the application is

made. If any motorcycle, motorized bicycle, trailer, semitrailer, travel

trailer, or pole trailer is either purchased or acquired after the anniversary

or renewal date in any registration year there shall immediately become

due and payable a registration fee as follows: If purchased or acquired

between the anniversary or renewal date of any registration year and the

first six months of such registration year, the annual fee hereinbefore

provided; if purchased or acquired during the last six months of any reg-

istration year, 50% of such annual fee. If any truck or truck tractor, except

trucks subject to K.S.A. 8-134a, and amendments thereto, is purchased

or acquired prior to April 1 of any year the fee shall be the annual fee

hereinbefore provided, but if such truck or truck tractor is purchased or

acquired after the end of March of any year, the license fee for such year

shall be reduced 1/12 for each calendar month which has elapsed since the

beginning of the year. If any truck registered for a gross weight of 12,000

pounds or less or passenger vehicle is purchased or acquired and less than

12 months remain in the registration period, the fee shall be 1/12 of the

annual fee for each calendar month remaining in the registration period.

(c) The owner of any motorcycle, motorized bicycle, passenger ve-

hicle, truck, truck tractor, trailer, semitrailer, or electrically propelled ve-

hicle who fails to pay the registration fee or fees herein provided on the

date when the same become due and payable shall be guilty of a misde-

meanor, and upon conviction thereof shall be subject to a penalty in the

sum of $1 for each month or fraction thereof during which such fee has

remained unpaid after it became due and payable; and in addition thereto

shall be subject to such other punishment as is provided in this act. Upon

the transfer of motorcycles, motorized bicycles, passenger vehicles, trail-

ers, semitrailers, trucks or truck tractors, on which registration fees have

been paid for the year in which the transfer is made, either (A) to a

corporation by one or more persons, solely in exchange for stock or se-

curities in such corporation, or (B) by one corporation to another cor-

poration when all of the assets of such corporation are transferred to the

other corporation, then in either case (A) or case (B) the corporation shall

be exempt from the payment of registration fees on such vehicles for the

year in which such transfer is made. Applications for transfer or registra-

tion shall be accompanied by a fee of $1.50. When the registration of a

vehicle has expired at midnight on the last day of any registration year,

and such vehicle is not thereafter operated upon the highways, any ap-

plication for renewal of registration made subsequent to the anniversary

or renewal date of any registration year following the expiration of such

registration and for succeeding registration years in which such vehicle

has not been registered shall be accompanied by an affidavit of nonoper-

ation and nonuse, and such application for renewal or registration shall

be received by the division of vehicles upon payment of the proper fees

for the current registration year and without penalty.

(3) Any nonresident of Kansas purchasing a vehicle from a Kansas

resident and desiring to secure registration on the vehicle in the state of

such person's residence may make application in the office of any county

treasurer for a thirty-day temporary registration. The county treasurer

upon presentation of evidence of ownership in the applicant and evidence

the sales tax has been paid, if due, shall charge and collect a fee of $3 for

each thirty-day temporary license and issue a sticker or paper registration

as may be determined by the director of vehicles, and the registration so

issued shall be valid for a period of 30 days from the date of issuance.

(4) Any owner of any motor vehicle which is subject to taxation under

the provisions of article 51 of chapter 79 of the Kansas Statutes Annotated

or any other truck or truck tractor where the annual registration fee has

been paid and the vehicle is sold, junked, repossessed, foreclosed by a

mechanic's lien or title transferred by operation of law, and the registra-

tion thereon is not going to be transferred to another vehicle may secure

a refund for the registration fee for the remaining portion of the year by

making application to the division of vehicles on a form and in the manner

prescribed by the director of vehicles, accompanied by all license plates

and attachments issued in connection therewith. If the owner of the reg-

istration becomes deceased and the vehicle is not going to be used on the

highway, and title is not being currently transferred, the proper repre-

sentative of the estate shall be entitled to the refund. The refund shall be

made only for the period of time remaining in the registration year from

the date of completion and filing of the application with and delivery of

the license plate and attachments to the division of vehicles. Where the

registration is secured under a quarterly payment annual registration fee,

as provided for in K.S.A. 8-143a, and amendments thereto, such refund

shall be made on the quarterly fee paid and unused and all remaining

quarterly payments shall be canceled. Any truck or truck tractor having

the registration fee paid on quarterly payment basis, all quarterly pay-

ments due or a fraction of quarterly payment due shall be paid before

title may be transferred, except that in case of death, the filing of the

application and returning of the license plate and attachment shall cancel

the remaining annual payments due. Whenever a truck or truck tractor,

where the registration is secured on a quarterly payment of the annual

registration, the one repossessing the truck or truck tractor, or foreclosing

by a mechanic's lien, or securing title by court order, the mortgagor or

the assigns of the mortgagor, or the one securing title may pay the balance

due on date of application for title, but the payments for the remaining

portion of the year shall not be canceled unless application is made and

the license plate and attachments are surrendered. Nothing in this sub-

section shall apply when registration is secured under the provisions of

K.S.A. 8-1,101 to 8-1,123, inclusive, and amendments thereto. Notwith-

standing any of the foregoing provisions of this section, no refund shall

be made under the provisions of this section where the amount thereof

does not exceed $5. The division of vehicles shall furnish such blank forms

as may be required under the provisions of this subsection as it deems

necessary to be completed by the applicant. Whenever a registration

which has been secured on a quarterly basis shall be canceled as provided

in this subsection, the division of vehicles shall notify the county treasurer

issuing the original registration of such cancellation so that the county

treasurer may, and the county treasurer shall cancel the registration of

such vehicle in the county treasurer's office and release any lien issued

in connection with such registration.

(5) Every owner of a travel trailer designed for or intended to be

moved upon any highway in this state shall, before the same is so moved,

apply for and obtain the proper registration thereof as provided in this

act, except when such unit is permitted to be moved under the special

provisions relating to secured parties, manufacturers, dealers and non-

residents contained in this act. At the time of registering any travel trailer

for the purpose of moving any such vehicle upon any highway in this

state, the owner thereof shall indicate on the registration form whether

or not such vehicle is being moved permanently to a location outside of

the county in which such vehicle is being registered. No such vehicle

which the owner thereof intends to move to a permanent location outside

the boundaries of such county shall be registered for movement on the

highways of this state until all taxes levied against such vehicle have been

paid. A copy of such registration form shall be sent to the county clerk

or assessor of the county to which such vehicle is being moved. When

such travel trailer is used for living quarters and not operated on the

highways, the owner shall be exempt from the license fees as provided in

paragraph (a) of subsection (2) so long as such travel trailer is not operated

on the highway.

Sec. 3. K.S.A. 8-143a is hereby amended to read as follows: 8-143a.

The provisions of this section shall not apply to vehicles registered on an

apportioned basis as part of a fleet under the provisions of K.S.A. 8-1,101

to 8-1,123, inclusive, and amendments thereto, or any agreement made

by the director of vehicles, and the payment of registration fees on a

quarterly basis on such vehicles shall be in accordance with K.S.A. 8-

1,115, and amendments thereto. A resident owner of any truck or truck

tractor, holding a negotiable Kansas title, whether individual, partnership

or Kansas corporation, may at such owner's election, made at the time

the annual registration fee on such truck or truck tractor is payable, pay

such annual registration fee if it exceeds $100, in equal quarterly install-

ments, the first of which shall be payable at the time of such application

but not later than the last day of February 15 in each year, and for each

ensuing quarter thereafter shall be payable respectively on the first day

of April, July and October. The applicant shall, at the time of registration,

present such applicant's negotiable Kansas title to the county treasurer,

who shall send it, along with the application for registration, to the division

of vehicles. The division of vehicles shall retain the title until all quarterly

payments are paid in full, at which time the title shall be returned to the

owner of the vehicle to which the title was issued.

The provisions of the preceding paragraph shall not in any manner be

construed to affect or reduce the amount of annual registration fee due

for any truck or truck tractor subject to registration on January 1, and for

which the owner shall be liable, but relate only to an alternate method of

payment of the amount of fees due and affixed as of January 1 of each

year. If any owner shall default in the payment of any quarterly install-

ment payment when the same is payable, the right to operate such vehicle

on the highways of this state shall terminate and it shall be unlawful to

operate such vehicle on the highways of this state until the delinquent

quarterly installment payment plus any penalty, shall have been paid in

full.

If any owner shall fail to pay any two quarterly payment installments

during any one registration year on any truck or truck tractor registered

hereunder, on or before the day the same are due and payable, such

owner thereafter may be denied the privilege of the payment of annual

registration fees on a quarterly basis on any vehicle. If a quarterly install-

ment payment shall be delinquent more than 10 days beyond the due

date of such quarterly installment except for any case where it is deter-

mined by the director of vehicles that such delinquency is not due to

negligence or intentional disregard of the provisions of this section, then

the entire balance of the annual registration fee, including the delinquent

quarterly installment, plus a penalty in a sum equal to 10% of the annual

registration fee, shall become due and payable; and any such owner so

delinquent may thereafter be denied the privilege of the payment of an-

nual registration fees on any vehicle on a quarterly basis. All such fees

and penalties remaining unpaid shall constitute a debt due the state,

which may be collected from the person owing the same by suit or oth-

erwise. All such fees remaining unpaid after the same are due and payable

and any penalties shall constitute a first and prior lien in favor of the state

upon the truck or truck tractor registered hereunder and all other real

and personal property of the owner located within the state in the amount

such fees and penalties remain unpaid. Each lien shall attach at the time

such unpaid fees and penalties accrue and shall be paramount to all prior

liens or encumbrances of any character and to the rights of any holder of

the legal title in or to any such truck or truck tractor. When a quarterly

installment is delinquent more than 10 days beyond the due date, upon

default of such installment payment, the county treasurer shall promptly

file a notice of lien in the office of the register of deeds of the county

where the registration fee is payable, and in any other county in which

such owner has any property. A copy of such notice of lien shall be mailed

to the division of vehicles, and the owner so delinquent, and the sheriff

of any county in which such notice of lien is filed. Such notice of lien

shall set forth the name and address of the owner, the amount of fees

and penalties payable and unpaid, and the description of the vehicle or

vehicles to which applicable. It shall be the duty of each register of deeds

in this state to index and file immediately all such notices of lien in the

manner provided in cases of financing statements and no fee shall be

charged for filing and indexing. The county treasurer shall issue a release

of lien upon payment of all fees and penalties payable by such owner and

such person may file the same with the register of deeds of any county

in which such notice of lien has been filed. The county treasurer shall

mail a copy of the release of lien to the division, and to the sheriff of any

county where said notice of lien has been filed. If a quarterly installment

payment shall be delinquent more than 10 days beyond the due date of

such quarterly installment, the division, shall promptly on such default

and the filing of the notice of lien issue a tax warrant to the sheriff of any

county in which such notice of lien has been filed and may thereafter

issue further warrants as may be necessary, and such sheriff shall seize

and hold all personal property subject thereto and proceed to advertise

and sell the same or so much thereof as may be necessary, to satisfy the

state's lien, together with all expense of selling at public sale for cash,

upon such notice as is provided by law in the case of a security agreement

sale.

Any surplus of the proceeds of such sale, after paying to the county

treasurer, the amount of the state's lien, and the cost of the officer in

giving notice of and executing said warrant computed to the same extent

as in judicial sales on execution, and of securing and preserving the prop-

erty pending such sale, shall be delivered to the person lawfully entitled

thereto. In the event that any truck or truck tractor for which the annual

registration fee is being paid quarterly shall be sold or otherwise disposed

of, the entire balance remaining unpaid on such annual registration fee

shall become immediately due and payable.

No certificate of title shall be assigned or transferred or new certificate

of title be issued for such vehicle until all the registration fees and pen-

alties are paid in full. In the event such vehicle shall be repossessed by

the enforcement of a lien or security interest on the same, during any

quarterly period for which the registration fees have not been paid, the

person repossessing such vehicle or the person purchasing such vehicle

at a repossession sale, may acquire a new certificate of title upon the

payment of a fee equal to 1/4 of the annual registration fee of the vehicle

registered hereunder, plus the regular fee prescribed by law for certificate

of title. If any truck or truck tractor which is registered under the pro-

visions of this subsection is exchanged or traded by the owner thereof for

another truck or truck tractor, any registration fee and any quarterly in-

stallments which have been paid shall be applied to the registration fee

due for the registration of the newly acquired vehicle. The application of

any such registration fee or quarterly installment to the newly acquired

vehicle shall not affect or reduce the original amount of the annual reg-

istration fee or any quarterly installment payment, for which such owner

was originally liable.

The division of vehicles may call to its aid the state highway patrol or

any peace officer or any duly appointed representative of the department

to enforce the provisions of this section within their respective jurisdiction

and it shall be the duty of such officers to do so. The remedies for en-

forcement and collection provided in this section are cumulative and the

use of one shall not be deemed to be a waiver of the right to use any

other.

Sec. 4. K.S.A. 8-134 and 8-143a and K.S.A. 2002 Supp. 8-143 are

hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003