CHAPTER 154 HOUSE BILL No. 3026 An Act concerning nonhighway vehicles; amending K.S.A. 1997 Supp. 8-198 and repealing
the existing section; also repealing K.S.A. 1997 Supp. 8-198a. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1997 Supp. 8-198 is hereby amended to read as
follows: 8-198. (a) A nonhighway vehicle shall not be required to be reg-
istered 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
otherwise 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, the pur-
chaser thereof shall obtain a nonhighway certificate of title in the follow-
ing 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 to the purchaser of such nonhigh-
way vehicle in the same manner and under the same conditions pre-
scribed 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 cer-
tificate of 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 may surrender such certificate of title to the
division of vehicles and make application to the division for a nonhighway
certificate of title, 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 or the
regular certificate of title with such form attached to the purchaser of the
nonhighway vehicle. Upon receipt of the nonhighway certificate of title
or the regular certificate of title with such form attached, the purchaser
shall make application for a new nonhighway certificate of title as pro-
vided 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
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. If the division is satisfied that the transferor is the
owner, the division shall issue a nonhighway certificate of title for such
vehicle, and the transferor shall assign the same to the purchaser, who
shall make application for a new nonhighway certificate of title, as pro-
vided in subsection (c).

(c) Every purchaser of a nonhighway vehicle, whether assigned a non-
highway certificate of title or a regular certificate of title with the form
specified in paragraph (2) of subsection (b) attached, shall make appli-
cation to the county treasurer of the county in which such person resides
for a new nonhighway certificate of title 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 is made is a nonhigh-
way vehicle, and other provisions the director deems necessary. Each
application for a nonhighway certificate of title shall be accompanied by
a fee of $7 until July 1, 1999, 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 application for a certificate
of title thereunder, an additional fee of $2.

(d) A nonhighway certificate of title shall be in form and color as
prescribed by the director of vehicles. A nonhighway certificate of title
shall indicate clearly and distinctly on its face that it is issued for a non-
highway vehicle. A nonhighway certificate of title shall contain substan-
tially the same information as required on a certificate of title issued
under K.S.A. 8-135, and amendments thereto, and other information the
director deems necessary.

(e) A nonhighway certificate of title may be transferred 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 certificate of title
may be assigned and transferred only while the vehicle remains a non-
highway vehicle. Upon transfer or sale of a nonhighway 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 nonhighway
certificate of title to the purchaser, and the purchaser shall obtain a cer-
tificate 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 amendments
thereto.

(f) The owner of a vehicle which 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 nonhighway 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 com-
missioner of insurance, a statement attesting to the correctness of the
information concerning financial security, the vehicle identification num-
ber and a description of the vehicle. 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 admin-
istrative expenses, and shall deposit the remainder in a special fund for
expenses of issuing such permits.

(g) A nonhighway vehicle for which a nonhighway certificate of 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 pur-
suant to subsection (f). Any person who knowingly makes a false state-
ment concerning financial security in obtaining a permit pursuant to sub-
section (f), or who fails to obtain a permit when required 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. 2. K.S.A. 1997 Supp. 8-198 and 8-198a are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 11, 1998

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