Memorandum

Identifying Information:1998 Legislation
Tax Type:Vehicles
Brief Description:1998 Legislation
Keywords:
Effective Date:07/01/1998



Body:

TO: Kansas County Treasurers

FROM: Betty McBride, Director
Division of Vehicles

DATE: May 15, 1998

SUBJECT: 1998 Legislation


Numerous bills were introduced during the 1998 Legislative Session which pertained to the Division of Vehicles. The legislative process condensed most of the provisions which passed into House Sub. For Sub. Senate Bill 139. (Referred to as the Motor Vehicle Omnibus Bill). Other bills were passed and some were not addressed or left in the Committee process. Since 1998 is not a carry over year for bills any bills not passed during this session is considered dead, and would need to be re-introduced during the next legislative session for further consideration.

Listed below are the bills which passed:

Senate Bills:

House Substitute For Substitute Senate Sub. 139

Senate Bill 332, enacted during the 1997 Legislative Session, provided for the addition of trucks registered for a gross weight between 12,001 and 20,000 pounds (heavy trucks) to be classified under the staggered registration (tax and tag) systems effective Jan 1, 1999. During tax year 1998, these vehicles would be assessed and taxed as currently done by the County, and taxpayers would continue to receive a tax statement mailed by the County in November. The tax, however, would be computed based upon a formula set forth for tax and tag motor vehicles. House Sub. For Senate Sub. 139 repealed the January 1, 1999. requirement to put these vehicles under tax and tag registration, and allow taxpayers with 12,001 and 20,000 pound trucks to continue registering these vehicles under the current process; however, the tax due for these vehicles will be computed under the formula used for tax and tag vehicles. Passage of this bill has removed the requirement that these vehicle owners come in four (4) times during 1999 to pay taxes which bring them into the staggered system. It also allows the taxpayer to choose full or half payments of taxes. Vehicle owners will be allowed to increase and decrease weights as they do now and those who qualify for quarterly payments will still have the ability to do so. (Effective January 1, 1999).

The bill also authorizes that on and after January 1, 2000, in lieu of the current requirement for registering antique vehicles, a person who owns an antique vehicle, who wants to display a model year license plate on the vehicle must make application in the same manner prescribed by current statue however they must provide the following information:

(a) An affidavit is required indicating that the model year license plate the person wants to display on the person's antique vehicle is a legible and serviceable license plate that was originally issued by the State of Kansas. The license plate shall be inscribed with the date of year corresponding to the model year when the vehicle was manufactured.

(b) Duplicate numbers will not be allowed for any model year license plate. For example, if a tag numbered 1234 has been issued on an antique vehicle, a tag with these same numbers can not be issued again regardless of the model year. The model year license plate fee shall be $40.00 in addition to the registration fee for any antique vehicle, which is $40.00. These fees shall be paid once and shall not be required to be renewed. Antique vehicle owners are required to pay an annual fee of $5.00 plus the current $12.00 tax fee to the County Treasurer for registering the antique vehicle. (Effective January 1, 2000)

(c) An individual who owns an antique vehicle may display a model year license plate originally issued by the State of Kansas on the front of an antique vehicle. Such plate shall be inscribed with date of the year corresponding to the model year when the vehicle was manufactured. (Effective July 1, 1998).

In the event of the death of a person issued a distinctive license plate (i.e. purple heart, disabled veteran, members of the Kansas National Guard, prisoners of war, congressional medal of honor or veterans tag) a surviving spouse, or a family member if there is no surviving spouse, may keep the license plate for memorabilia purposes; however, the plate can not be displayed on a motor vehicle. (Effectively July 1, 1998).

An additional $3.00 fee will be imposed for a Certificate of Title issued for a repossessed vehicle, making the title fee for a repossessed vehicle $10.00. This additional fee will be deposited in the Repossessed Certificate of Title Fee Fund. Funds generated from this fee will be used by the Department for funding the administration, operations and personnel associated with the processing of Certificates of Title for repossessed vehicles. (Effective July 1, 1998).

The bill authorizes an employee of a new vehicle dealer, who has received 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, to provide VIN checks on motor vehicles repurchased or reacquired by the manufacture and purchased by a new vehicle dealer, these vehicles are commonly known as "program cars." (Effective July 1, 1998).

Provides that if a person reaffirms a motor vehicle sale on a statement provided by the Division of Vehicles which advises such person of his rights, that person cannot void or set aside the sale if the dealer does not furnish the title or manufacturer's statement of origin within the 30 day requirement. In these instances, the buyer cannot declare the sale fraudulent and void for that reason alone. (Effective July 1, 1998).

Provides that persons who served in the Merchant Marines are qualified to be issued a United States Military Veteran Distinctive License Plate in addition to the other branches of service who already qualify. (Effective July 1, 1998).



Senate Bill 488 Effective January 1, 1999

Requires the Division of Vehicles to mail renewal notices at least 30 days prior to expiration to holders of non driver identification cards only. Drivers who hold both a drivers license and identification card will not come under this act as they would receive a notice of renewal for their driver license and would therefore have knowledge that their identification card would also be expiring.
The bill also requires that the Division of Vehicles use "K-numbers" on all driver licenses issued. An applicant would have to give written permission to use their Social Security number as their driver's license number.


Senate Bill 593 Effective July 1, 1998

Amends the Kansas Vehicle Dealers and Manufacturers Licensing Act to add new grounds for the denial, suspension, or revocation of vehicle manufacturers' licenses. The changes are designed to give further protection to Kansas automobile dealers from manufacturer unilateral actions and to insure that vehicle dealers may sell or transfer their business unless "good cause" is shown by the manufacturer why the sale or transfer should not be made.


House Bill 2676 Effective July 1, 1998

Will allow an owner of a mobile park to remove a valueless home and personal property associated with the home after appropriate notice has been provided.
The following conditions must be met:
the home has been abandoned
no lien, other than a tax lien, exist, and
the value of the home and personal property associated with the home is equal to or less than the reasonable cost of disposal.
allows a disinterested third party to remove the home providing the mobile home park owner receives no consideration. Protection is provided to disinterested third parties from the ownership interest of a previous owner or occupant. Immunity would be provided to a person who allows the removal of a valueless home.



House Bill 2686 Effective January 1, 1999

Amends the current law regarding the issuance of truck fleet license plates by the Division of Vehicles.
The bill provides that:
apportioned base plates will be permanent and designed to remain for the duration of the life span of the vehicle or until the vehicle is deleted from the owner's fleet.
Motor vehicles registered under this act shall be annual apportioned registration cab card.
registered trailers will be issued a permanent registration cab card for the duration of the life span of the trailer or until the trailer is deleted from the owner's fleet.
tags assigned the power unit or trailer would not be transferred to any other vehicle. If a vehicle is deleted from the fleet and is replaced, new registration will be required.
the Director of Vehicles will have the discretion to require the re-issuance of apportioned base plates currently issued and displayed.



House Bill 2744 Effective July 1, 1998

The bill relates to fleeing or eluding a police officer. The bill adds more definition to the crime and provides for the offense to be a severity level 9, person felony.

It requires that the Division of Vehicles shall promote public awareness of the provisions of this bill when persons apply for or renew their driver's licenses. This information will be provided in the driver license handbook.



House Bill 2893 Effective FY. ending June 30, 1999

A proviso was amended into HB 2893 which requires the Division of Vehicles to print the driver's license handbook in both English and Spanish.


Date Composed: 06/17/1998 Date Modified: 10/09/2001