Ch. 119             1997 Session Laws of Kansas             435

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

Section 1. K.S.A. 1996 Supp. 8-126 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,
excepting devices moved by human power or used exclusively upon sta-
tionary rails or tracks.

(b) ``Motor vehicle.'' means every vehicle, other than a motorized
bicycle or a motorized wheelchair, which is self-propelled.

(c) ``Truck.'' means a motor vehicle which is used for the transpor-
tation 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.

436             1997 Session Laws of Kansas             Ch. 119

(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

Ch. 119             1997 Session Laws of Kansas             437

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 and measuring eight feet or less in width.

(x) ``Passenger vehicle.'' means every motor vehicle, as herein de-
fined, 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: A motor which produces not
more than 3.5 brake horsepower; a cylinder capacity of not more than 50
cubic centimeters; an automatic transmission; and the capability of a max-
imum 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:

438             1997 Session Laws of Kansas             Ch. 119

(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.

Sec. 2. K.S.A. 1996 Supp. 8-128 is hereby amended to read as fol-
lows: 8-128. (a) The following need not be registered under this act:

(1) Implement of husbandry;

(2) all-terrain vehicles;

(3) road rollers and road machinery temporarily operated or moved
upon the highways;

(4) municipally owned fire trucks;

(5) privately owned fire trucks subject to a mutual aid agreement with
a municipality; or

(6) school buses owned and operated by a school district or a non-
public school which have the name of the municipality, school district or
nonpublic school plainly painted thereon.

(b) Self-propelled cranes and earth moving equipment which are
equipped with pneumatic tires may be moved on the highways of this
state from one job location to another, or to or from places of storage
delivery or repair, without complying with the provisions of the law re-
lating to registration and display of license plates but shall comply with
all the other requirements of the law relating to motor vehicles and shall
not be operated on state maintained roads or highways on Sundays or any
legal holidays except Lincoln's birthday, Washington's birthday or Colum-
bus day.

(c) Oil well servicing, oil well clean-out or oil well drilling machinery

Ch. 119             1997 Session Laws of Kansas             439

or equipment need not be registered under this act but shall comply with
all the other requirements of the law relating to motor vehicles.

Sec. 3. On and after January 1, 1999, K.S.A. 1996 Supp. 8-134a is
hereby amended to read as follows: 8-134a. (a) Except as provided in
subsection (c), on and after January 1, 1995 1998, any truck or truck
tractor registered for a gross weight of 12,000 20,000 pounds or less,
motorcycles, motorized bicycles and recreational vehicles, as defined in
K.S.A. 1996 Supp. 79-5118, and amendments thereto, shall be registered
or reregistered in accordance with the provisions of subsections (b) and
(c) of K.S.A. 8-134, and amendments thereto. The provisions of this sec-
tion shall not apply to vehicles registered on an apportioned basis as part
of a fleet under the provisions of K.S.A. 8-1,100 to 8-1,123, inclusive, and
amendments thereto, or vehicles registered under the provisions of K.S.A.
8-166 et seq., and amendments thereto.

(b) The division of vehicles, in order to initiate a system of registering
or reregistering vehicles included in subsection (a) during any month of
a calendar year, may register or reregister such vehicles for less than a
twelve-month period, prorating the annual registration fee and taxes im-
posed under K.S.A. 79-5101 et seq., and amendments thereto, when in
the director's opinion such tends to fulfill the purpose of the monthly
registration of this section. The secretary of revenue may adopt rules and
regulations for the administration of this section and to carry out the
purpose of the act of which this section is a part.

Sec. 4. On and after January 1, 1999, K.S.A. 1996 Supp. 79-5101 is
hereby amended to read as follows: 79-5101. As used in this act the term
``motor vehicle'' means and includes all motor vehicles required to be
registered under the provisions of article 1 of chapter 8 of the Kansas
Statutes Annotated and amendments thereto, except:

(a) Motor vehicles assessed and taxed by the director of property
valuation under the provisions of chapter 79, article 6a, of the Kansas
Statutes Annotated, and amendments thereto;

(b) motor vehicles of public service companies whose property is as-
sessed by the director of property valuation under the provisions of article
5a of chapter 79 of the Kansas Statutes Annotated, and amendments
thereto;

(c) motor vehicles having registered for a gross vehicle weight of more
than 12,000 20,000 pounds;

(d) motor vehicles owned by a car rental company upon which the
tax imposed under K.S.A. 1996 Supp. 79-5117 and amendments thereto,
has been paid;

(e) recreational vehicles, as defined by K.S.A. 1996 Supp. 79-5118,
and amendments thereto,; and

(f) motor vehicles which are exempted from property taxation under

440             1997 Session Laws of Kansas             Ch. 119

the provisions of the Kansas Statutes Annotated or the Kansas constitu-
tion.

Sec. 5. On and after January 1, 1999, K.S.A. 1996 Supp. 8-134a and
79-5101 are hereby repealed.

Sec. 6. K.S.A. 1996 Supp. 8-126 and 8-128 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 24, 1997.