Sub. SB 332--Am. by HCW
[As Amended by House Committee of the
As Amended by House Committee
Session of 1997
Substitute for SENATE BILL No. 332
By Committee on Transportation and Tourism
12 AN ACT relating to motor vehicles;
concerning the taxation thereof;
13 amending K.S.A. 1996 Supp. [8-126, 8-128 and] 8-134a and 79-5101
14 and repealing the existing sections.
16 Be it enacted by the Legislature of the State of Kansas:
17 [Section 1. K.S.A. 1996 Supp. 8-126 is hereby amended to read
18 as follows: 8-126. The following words and phrases when used in
19 this act shall have the meanings respectively ascribed to them
21 [(a) ``Vehicle .'' means every device in, upon or by which any
22 person or property is or may be transported or drawn upon a pub-
23 lic highway, excepting devices moved by human power or used
24 exclusively upon stationary rails or tracks.
25 [(b) ``Motor vehicle .'' means every vehicle, other than a motor-
26 ized bicycle or a motorized wheelchair, which is self-propelled.
27 [(c) ``Truck .'' means a motor vehicle which is used for the trans-
28 portation or delivery of freight and merchandise or more than 10
30 [(d) ``Motorcycle .'' means every motor vehicle designed to
31 travel on not more than three wheels in contact with the ground,
32 except any such vehicle as may be included within the term ``trac-
33 tor'' as herein defined.
34 [(e) ``Truck tractor .'' means every motor vehicle designed and
35 used primarily for drawing other vehicles, and not so constructed
36 as to carry a load other than a part of the weight of the vehicle or
37 load so drawn.
38 [(f) ``Farm tractor .'' means every motor vehicle designed and
39 used as a farm implement power unit operated with or without
40 other attached farm implements in any manner consistent with the
41 structural design of such power unit.
42 [(g) ``Road tractor .'' means every motor vehicle designed and
43 used for drawing other vehicles, and not so constructed as to carry
Sub. SB 332--Am. by HCW
1 any load thereon independently, or any part of the weight of a
2 vehicle or load so drawn.
3 [(h) ``Trailer
.'' means every vehicle without motive power de-
4 signed to carry property or passengers wholly on its own structure
5 and to be drawn by a motor vehicle.
6 [(i) ``Semitrailer .'' means every vehicle of the trailer type so de-
7 signed and used in conjunction with a motor vehicle that some part
8 of its own weight and that of its own load rests upon or is carried
9 by another vehicle.
10 [(j) ``Pole trailer .'' means any two-wheel vehicle used as a trailer
11 with bolsters that support the load, and do not have a rack or body
12 extending to the tractor drawing the load.
13 [(k) ``Specially constructed vehicle .'' means any vehicle which
14 shall not have been originally constructed under a distinctive
15 name, make, model or type, or which, if originally otherwise con-
16 structed shall have been materially altered by the removal of es-
17 sential parts, or by the addition or substitution of essential parts,
18 new or used, derived from other vehicles or makes of vehicles.
19 [(l) ``Foreign vehicle .'' means every motor vehicle, trailer or
20 semitrailer which shall be brought into this state otherwise than
21 in ordinary course of business by or through a manufacturer or
22 dealer and which has not been registered in this state.
23 [(m) ``Person .'' means every natural person, firm, partnership,
24 association or corporation.
25 [(n) ``Owner .'' means a person who holds the legal title of a ve-
26 hicle, or in the event a vehicle is the subject of an agreement for
27 the conditional sale thereof with the right of purchase upon per-
28 formance of the conditions stated in the agreement and with an
29 immediate right of possession vested in the conditional vendee or
30 in the event a vehicle is subject to a lease of 30 days or more with
31 an immediate right of possession vested in the lessee; or in the
32 event a party having a security interest in a vehicle is entitled to
33 possession, then such conditional vendee or lessee or secured
34 party shall be deemed the owner for the purpose of this act.
35 [(o) ``Nonresident .'' means every person who is not a resident
36 of this state.
37 [(p) ``Manufacturer .'' means every person engaged in the busi-
38 ness of manufacturing motor vehicles, trailers or semitrailers.
39 [(q) ``New vehicle dealer .'' means every person actively engaged
40 in the business of buying, selling or exchanging new motor vehi-
41 cles, travel trailers, trailers or vehicles and who holds a dealer's
42 contract therefor from a manufacturer or distributor and who has
43 an established place of business in this state.
Sub. SB 332--Am. by HCW
1 [(r) ``Used vehicle dealer
.'' means every person actively en-
2 gaged in the business of buying, selling or exchanging used vehi-
3 cles, and having an established place of business in this state and
4 who does not hold a dealer's contract for the sale of new motor
5 vehicles, travel trailers, trailers or vehicles.
6 [(s) ``Highway .'' means every way or place of whatever nature
7 open to the use of the public as a matter of right for the purpose
8 of vehicular travel. The term ``highway'' shall not be deemed to
9 include a roadway or driveway upon grounds owned by private
10 owners, colleges, universities or other institutions.
11 [(t) ``Department'' or ``motor vehicle department'' or ``vehicle
12 department .'' means the division of vehicles of the department of
13 revenue, acting directly or through its duly authorized officers and
15 [(u) ``Commission'' or ``state highway commission .'' means the
16 director of vehicles of the department of revenue.
17 [(v) ``Division .'' means the division of vehicles of the depart-
18 ment of revenue.
19 [(w) ``Travel trailer .'' means every vehicle without motive power
20 designed to be towed by a motor vehicle constructed primarily for
21 recreational purposes and measuring eight feet or less in width.
22 [(x) ``Passenger vehicle .'' means every motor vehicle, as herein
23 defined, which is designed primarily to carry 10 or fewer passen-
24 gers, and which is not used as a truck.
25 [(y) ``Self-propelled farm implement .'' means every farm imple-
26 ment designed for specific use applications with its motive power
27 unit permanently incorporated in its structural design.
28 [(z) ``Farm trailer .'' means every trailer as defined in subsection
29 (h) of this section and every semitrailer as defined in subsection (i)
30 of this section, designed and used primarily as a farm vehicle.
31 [(aa) ``Motorized bicycle .'' means every device having two tan-
32 dem wheels or three wheels, which may be propelled by either
33 human power or helper motor, or by both, and which has: A motor
34 which produces not more than 3.5 brake horsepower; a cylinder
35 capacity of not more than 50 cubic centimeters; an automatic
36 transmission; and the capability of a maximum design speed of no
37 more than 30 miles per hour.
38 [(bb) ``All-terrain vehicle .'' means any motorized nonhighway
39 vehicle 45 inches or less in width, having a dry weight of 650
40 pounds or less, traveling on three or more low-pressure tires, hav-
41 ing a seat designed to be straddled by the operator. As used in this
42 subsection, low-pressure tire means any pneumatic tire six inches
43 or more in width, designed for use on wheels with rim diameter
Sub. SB 332--Am. by HCW
1 of 12 inches or less, and utilizing an operating pressure of 10
2 pounds per square inch or less as recommended by the vehicle
4 [(cc) ``Implement of husbandry'' means every vehicle designed
5 or adapted and used exclusively for agricultural operations, in-
6 cluding feedlots, and only incidentally moved or operated upon
7 the highways. Such term shall include, but not be limited to:
8 [(1) A farm tractor;
9 [(2) a self-propelled farm implement;
10 [(3) a fertilizer spreader, nurse tank or truck permanently
11 mounted with a spreader used exclusively for dispensing or
12 spreading water, dust or liquid fertilizers or agricultural chemi-
13 cals, as defined in K.S.A. 2-2202, and amendments thereto, re-
14 gardless of ownership;
15 [(4) a truck mounted with a fertilizer spreader used or manu-
16 factured principally to spread animal dung;
17 [(5) a mixer-feed truck owned and used by a feedlot, as defined
18 in K.S.A. 47-1501, and amendments thereto, and specially de-
19 signed and used exclusively for dispensing food to livestock in such
21 [(dd) ``Motorized wheelchair
.'' means any self-propelled vehicle
22 designed specifically for use by a physically disabled person that
23 is incapable of a speed in excess of 15 miles per hour.
24 [(ee) ``Oil well servicing, oil well clean-out or oil well drilling machin-
25 ery or equipment'' means a vehicle constructed as a machine used pri-
26 marily for servicing, cleaning-out or drilling an oil well and consisting in
27 general of a mast, an engine for power, a draw works and a chassis per-
28 manently constructed or assembled for one or more of those purposes.
29 The passenger capacity of the cab of a vehicle shall not be considered in
30 determining whether such vehicle is an oil well servicing, oil well clean-
31 out or oil well drilling machinery or equipment.
32 [Sec. 2. K.S.A. 1996 Supp. 8-128 is hereby amended to read as
33 follows: 8-128. (a) The following need not be registered under this
35 [(1) Implement of husbandry;
36 [(2) all-terrain vehicles;
37 [(3) road rollers and road machinery temporarily operated or
38 moved upon the highways;
39 [(4) municipally owned fire trucks;
40 [(5) privately owned fire trucks subject to a mutual aid agree-
41 ment with a municipality; or
42 [(6) school buses owned and operated by a school district or a
43 nonpublic school which have the name of the municipality, school
Sub. SB 332--Am. by HCW
1 district or nonpublic school plainly painted thereon.
2 [(b) Self-propelled cranes and earth moving equipment which
3 are equipped with pneumatic tires may be moved on the highways
4 of this state from one job location to another, or to or from places
5 of storage delivery or repair, without complying with the provi-
6 sions of the law relating to registration and display of license plates
7 but shall comply with all the other requirements of the law relating
8 to motor vehicles and shall not be operated on state maintained
9 roads or highways on Sundays or any legal holidays except Lin-
10 coln's birthday, Washington's birthday or Columbus day.
11 [(c) Oil well servicing, oil well clean-out or oil well drilling machinery
12 or equipment need not be registered under this act but shall comply with
13 all the other requirements of the law relating to motor vehicles.]
Section 1. [Sec. 3. On and after January 1, 1998,] K.S.A. 1996
15 Supp. 8-134a is hereby amended to read as follows: 8-134a. (a) Except as
16 provided in subsection (c), on and after January 1, 1995 1998, any truck
17 or truck tractor registered for a gross weight of 12,000 16,000 20,000
18 pounds or less, motorcycles, motorized bicycles and recreational vehicles,
19 as defined in K.S.A. 1996 Supp. 79-5118, and amendments thereto, shall
20 be registered or reregistered in accordance with the provisions of sub-
21 sections (b) and (c) of K.S.A. 8-134, and amendments thereto. The pro-
22 visions of this section shall not apply to vehicles registered on an appor-
23 tioned basis as part of a fleet under the provisions of K.S.A. 8-1,100 to
24 8-1,123, inclusive, and amendments thereto, or vehicles registered under
25 the provisions of K.S.A. 8-166 et seq., and amendments thereto.
26 (b) The division of vehicles, in order to initiate a system of registering
27 or reregistering vehicles included in subsection (a) during any month of
28 a calendar year, may register or reregister such vehicles for less than a
29 twelve-month period, prorating the annual registration fee and taxes im-
30 posed under K.S.A. 79-5101 et seq., and amendments thereto, when in
31 the director's opinion such tends to fulfill the purpose of the monthly
32 registration of this section. The secretary of revenue may adopt rules and
33 regulations for the administration of this section and to carry out the
34 purpose of the act of which this section is a part.
35 (c) Motor vehicles registered for a gross weight of more than 12,000
36 pounds and not more than 16,000 20,000 pounds shall continue to be
37 registered in accordance with the provisions of subsection (a) of K.S.A. 8-
38 134, and amendments thereto, if the director of vehicles certifies to the
39 secretary of the department of revenue that the necessary computer pro-
40 gramming cannot be accomplished prior to January 1, 1998. Such motor
41 vehicles shall be registered on and after January 1, 1999, in accordance
42 with the provisions of subsections (b) and (c) of K.S.A. 8-134, and amend-
43 ments thereto.
Sub. SB 332--Am. by HCW
Sec. 2. [Sec. 4. On and after January 1, 1998,] K.S.A. 1996 Supp.
2 79-5101 is hereby amended to read as follows: 79-5101. As used in this
3 act the term ``motor vehicle'' means and includes all motor vehicles re-
4 quired to be registered under the provisions of article 1 of chapter 8 of
5 the Kansas Statutes Annotated and amendments thereto, except:
6 (a) Motor vehicles assessed and taxed by the director of property
7 valuation under the provisions of chapter 79, article 6a, of the Kansas
8 Statutes Annotated, and amendments thereto;
9 (b) motor vehicles of public service companies whose property is as-
10 sessed by the director of property valuation under the provisions of article
11 5a of chapter 79 of the Kansas Statutes Annotated, and amendments
13 (c) except as provided in section 3, motor vehicles having registered
14 for a gross vehicle weight of more than 12,000 16,000 20,000 pounds;
15 (d) motor vehicles owned by a car rental company upon which the
16 tax imposed under K.S.A. 1996 Supp. 79-5117 and amendments thereto,
17 has been paid;
18 (e) recreational vehicles, as defined by K.S.A. 1996 Supp. 79-5118,
19 and amendments thereto ,; and
20 (f) motor vehicles which are exempted from property taxation under
21 the provisions of the Kansas Statutes Annotated or the Kansas constitu-
23 New Sec. 3 . Motor vehicles registered for a gross weight of more
24 than 12,000 pounds and not more than 16,000 20,000 pounds, shall con-
25 tinue to be assessed and taxed in accordance with the provisions of K.S.A.
26 79-306d, and amendments thereto, if the director of vehicles certifies to
27 the secretary of the department of revenue that the necessary program-
28 ming cannot be accomplished prior to January 1, 1998. Such motor ve-
29 hicles shall be subject to taxation under the provisions of article 51 of
30 chapter 79 of the Kansas Statutes Annotated on and after January 1, 1999.
31 Sec. 4 . [On and after January 1, 1998,] K.S.A. 1996 Supp. 8-
32 134a and 79-5101 are hereby repealed.
33 [Sec. 7. K.S.A. 1996 Supp. 8-126 and 8-128 are hereby re-
35 Sec. 5 . This act shall take effect and be in force from and after
36 January 1, 1998 and its publication in the statute book.