[As Amended by House Committee of the Whole]

          Session of 1998
Substitute for HOUSE BILL No. 2716
By Committee on Tourism
          10             AN ACT concerning [water vessels;] requiring registration of certain
11             vessels; [relating to certain improvements on the Kansas river;]
12             amending K.S.A. 32-1110, 32-1111 and 32-1172 and repealing the ex-
13             isting sections.
15       Be it enacted by the Legislature of the State of Kansas:
16           Section 1. K.S.A. 32-1110 is hereby amended to read as follows:
17       32-1110. Before January 1, 1999, every undocumented, mechanically pro-
18       pelled vessel or sailing vessel using the waters of this state shall be num-
19       bered, except those exempted by K.S.A. 32-1113 or 32-1166, and
20       amendments thereto. On and after January 1, 1999, every vessel using
21       the waters of this state shall be numbered, except those exempted by K.S.A.
22       32-1113 or 32-1166, and amendments thereto. No person shall operate
23       or give permission for the operation of any motorboat or vessel propelled
24       by sail on such waters unless such vessel is numbered in accordance with
25       this act, applicable federal law or a federally approved numbering system
26       of another state, and unless (1) the certificate of number awarded to such
27       vessel is in full force and effect and (2) the identifying number set forth
28       in the certificate of number is displayed on each side of the bow of such
29       vessel, unless otherwise provided by rules and regulations of the secretary.
30           Sec. 2. K.S.A. 32-1111 is hereby amended to read as follows: 32-
31       1111. (a) The owner of each vessel requiring numbering by this state shall
32       file an application for number with the secretary on forms approved by
33       the secretary. The application shall be signed by the owner of the vessel
34       and shall be accompanied by the vessel registration fee prescribed pur-
35       suant to K.S.A. 32-1172 and amendments thereto and. An application for
36       a mechanically propelled vessel or sailing vessel shall be accompanied by
37       proof of payment of any tax imposed under the provisions of K.S.A. 12-
38       187, 12-198, the Kansas retailers' sales tax act or the Kansas compensating
39       tax act, and amendments thereto, as the case requires, upon forms devised
40       and furnished by the department of revenue to every county treasurer
41       for such purpose. Upon receipt of the application in approved form and
42       proof of payment of sales or compensating tax, the secretary shall enter
43       the same upon the records of the department and issue to the applicant

Sub. HB 2716--Am. by HCW


  1       a certificate of number stating the number awarded to the vessel and the
  2       name and address of the owner. Unless otherwise provided by rules and
  3       regulations, the owner shall paint on or attach to each side of the bow of
  4       the vessel the identification number in such manner as prescribed by rules
  5       and regulations of the secretary in order that it may be clearly visible.
  6       The number shall be maintained in legible condition. The certificate of
  7       number shall be pocket size and, unless otherwise provided by rules and
  8       regulations, shall be available at all times for inspection on the vessel for
  9       which issued, whenever such vessel is in operation. No person charged
10       with a violation of the preceding sentence shall be convicted of such
11       offense if such person produces in court or the office of the arresting
12       officer a certificate of number issued and valid at the time of such person's
13       arrest.
14           (b) The owner of any vessel already covered by a number in full force
15       and effect which has been awarded to it pursuant to the then operative
16       federal law or a federally approved numbering system of another state
17       shall record the number prior to operating the vessel on the waters of
18       this state in excess of the 60-day reciprocity period provided for in sub-
19       section (1) of K.S.A. 32-1113 and amendments thereto. Such recordation
20       shall be in the manner and pursuant to the procedure required for the
21       award of a number under this subsection, including the submission of
22       proof of payment of sales or compensating tax, except that no additional
23       or substitute number shall be issued.
24           (c) Should the ownership of a numbered vessel change, a new appli-
25       cation form with fee and proof of payment of sales or compensating tax
26       shall be filed with the secretary and a new certificate of number shall be
27       awarded in the same manner as provided for in an original award of
28       number, except that where the state of principal use remains unchanged
29       the number may be identical with the previous one.
30           (d) If an agency of the United States government has in force an
31       overall system of identification numbering for vessels within the United
32       States, the numbering system employed pursuant to this act by the sec-
33       retary shall be in conformity therewith.
34           (e) The secretary may award any certificate of number directly or
35       may authorize any person to act as agent for the awarding thereof. If a
36       person accepts such authorization, such person may be assigned a block
37       of numbers and certificates therefor which upon award, in conformity
38       with this act and with any rules and regulations of the secretary, shall be
39       valid as if awarded directly by the secretary.
40           (f) All records of the secretary made or kept pursuant to this section
41       shall be public records.
42           (g) Every certificate of number awarded pursuant to this act shall
43       continue in full force and effect for a period of three years unless sooner

Sub. HB 2716--Am. by HCW


  1       terminated or discontinued in accordance with the provisions of this act.
  2       Certificates of number may be renewed by the owner in the same manner
  3       provided for in the initial securing of the number.
  4           (h) The secretary shall fix a day and month of the year on which
  5       certificates of number due to expire during the calendar year shall lapse
  6       and no longer be of any force and effect unless renewed pursuant to this
  7       act.
  8           (i) The owner shall furnish the secretary notice of the transfer of all
  9       or any part of such owner's interest other than the creation of a security
10       interest in a vessel numbered in this state pursuant to subsections (a) and
11       (b) or of the destruction or abandonment of such vessel within 15 days
12       thereof. Such transfer, destruction, or abandonment shall terminate the
13       certificate of number for such vessel and the certificate of number shall
14       be surrendered to the secretary as a part of the notification of transfer,
15       destruction, or abandonment except, that in the case of a transfer of a
16       part interest which does not affect the owner's right to operate such ves-
17       sel, such transfer shall not terminate the certificate of number.
18           (j) Any holder of a certificate of number shall notify the secretary
19       within 15 days if the holder's address no longer conforms to the address
20       appearing on the certificate and shall, as a part of such notification, furnish
21       the secretary with a new address. The secretary may provide by rules and
22       regulations for the surrender of the certificate bearing the former address
23       and its replacement with a certificate bearing the new address or for the
24       alteration of an outstanding certificate to show the new address of the
25       holder.
26           (k) No number other than the number awarded to a vessel or granted
27       reciprocity pursuant to this act shall be painted, attached, or otherwise
28       displayed on either side of the bow of such vessel.
29           (l) If a certificate of number becomes lost, destroyed, mutilated or
30       illegible, the owner of the vessel for which the same was issued may obtain
31       a duplicate of such certificate upon application therefor to the secretary.
32       The application shall be in writing, shall describe the circumstances of
33       the loss or destruction and shall be accompanied by the duplicate fee
34       prescribed pursuant to K.S.A. 32-1172 and amendments thereto.
35           (m) The secretary is authorized, in the secretary's discretion, to pro-
36       vide and have issued for vessels requiring registration and numbering
37       under this act, a 30-day temporary registration permit for the temporary
38       vessel registration fee prescribed pursuant to K.S.A. 32-1172 and amend-
39       ments thereto.
40           Such permits shall be in the form as prescribed by the secretary and
41       available for purchase or resale by any person designated by the secretary.
42       In addition to the permit fee, any person selling such temporary permits
43       may collect a service charge of not to exceed $.50 for each permit issued.

Sub. HB 2716--Am. by HCW


  1           Such temporary permit shall expire 30 days from the date of issuance.
  2           (n) The secretary shall adopt, in accordance with K.S.A. 32-805 and
  3       amendments thereto, rules and regulations for the administration of the
  4       provisions of this section, including but not limited to numbering appli-
  5       cations, certificates of number, temporary 30-day permits, display of num-
  6       ber and reports on change of address, destruction and sale or transfer of
  7       ownership.
  8           Sec. 3. K.S.A. 32-1172 is hereby amended to read as follows: 32-
  9       1172. (a) The secretary is authorized to adopt, in accordance with K.S.A.
10       32-805 and amendments thereto, rules and regulations fixing the amount
11       of fees for the following items, subject to the following limitations and
12       subject to the requirement that no such rules and regulations shall be
13       adopted as temporary rules and regulations:
14       Duplicate registrations, certificates or permits: maximum $10
15       Testing or demonstration boat registrations: minimum $30, maximum $50
16           Additional registrations: minimum $5, maximum $10
17       Vessel registrations: minimum $9, maximum $18
18           Additional nonmechanically propelled, nonsailing vessel registrations: minimum $2, max-
19         imum $6
20           Temporary registrations: minimum $2, maximum $4
21       Water event permits: maximum $50
22       Special departmental services, materials or supplies: no maximum
23        [New Sec. 4. Before causing any public access, boating facili-
24       ties, ramps or docks to be built on the Kansas river within or ad-
25       jacent to any drainage district bounding the Kansas river, the sec-
26       retary of wildlife and parks must obtain written approval of the
27       proposed project from such district or the owner of the property
28       affected by the location of such public access, boating facilities,
29       ramps or docks.]
30           Sec. 4. [5.] K.S.A. 32-1110, 32-1111 and 32-1172 are hereby re-
31       pealed.
32           Sec. 5. [6.] This act shall take effect and be in force from and after
33       its publication in the statute book.