16 | | - | vehicle, the purchaser thereof shall obtain a nonhighway certificate of |
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17 | | - | title or a salvage title, whichever is applicable, or a dealer inventory- |
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18 | | - | only title in the following manner: |
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19 | | - | (1) If the vehicle dealer, as defined in K.S.A. 8-2401, and |
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20 | | - | amendments thereto, obtains ownership of a used vehicle that is an all- |
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21 | | - | terrain vehicle, work-site utility vehicle, recreational off-highway |
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22 | | - | vehicle or motorcycle and such vehicle would qualify as a nonhighway |
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23 | | - | vehicle pursuant to K.S.A. 8-197, and amendments thereto, the vehicle |
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24 | | - | dealer shall make application to the county treasurer of such county for |
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25 | | - | a dealer inventory-only title. Each application for a dealer inventory- |
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26 | | - | only title shall be accompanied by a fee of $10 and either a bill of sale |
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27 | | - | or certificate of title with the application for the vehicle. All moneys |
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28 | | - | received under this paragraph shall be remitted as a certificate of title |
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29 | | - | in accordance with K.S.A. 8-145(b), and amendments thereto. |
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30 | | - | (1)(2) If the transferor is a vehicle dealer, as defined in K.S.A. 8- |
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31 | | - | 2401, and amendments thereto, and a certificate of title has not been |
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32 | | - | issued for such vehicle under this section or under the provisions of |
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33 | | - | K.S.A. 8-135, and amendments thereto, such transferor shall make |
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34 | | - | application for and assign a nonhighway certificate of title or a salvage |
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35 | | - | title, whichever is applicable, to the purchaser of such nonhighway |
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36 | | - | vehicle or salvage vehicle in the same manner and under the same |
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37 | | - | conditions prescribed by K.S.A. 8-135, and amendments thereto, for |
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38 | | - | the application for and assignment of a certificate of title thereunder. |
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39 | | - | Upon the assignment thereof, the purchaser shall make application for a |
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40 | | - | new nonhighway certificate of title or a salvage title, as provided in |
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41 | | - | subsection (c) or (d). |
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42 | | - | (2)(3) Except as provided in K.S.A. 8-199(b), and amendments |
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43 | | - | thereto, if a certificate of title has been issued for any such vehicle |
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44 | | - | under the provisions of K.S.A. 8-135, and amendments thereto, the |
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45 | | - | owner of such nonhighway vehicle or salvage vehicle may surrender |
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46 | | - | such certificate of title to the division of vehicles and make application |
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47 | | - | to the division for a nonhighway certificate of title or salvage title, |
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48 | | - | whichever is applicable, or the owner may obtain from the county |
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49 | | - | treasurer's office a form prescribed by the division of vehicles and, |
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50 | | - | upon proper execution thereof, may assign the nonhighway certificate |
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51 | | - | of title, salvage title or the regular certificate of title with such form |
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52 | | - | attached to the purchaser of the nonhighway vehicle or salvage vehicle. |
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53 | | - | Upon receipt of the nonhighway certificate of title, salvage title or the |
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54 | | - | regular certificate of title with such form attached, the purchaser shall |
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55 | | - | make application for a new nonhighway certificate of title or a salvage |
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56 | | - | title, whichever is applicable, as provided in subsection (c) or (d). |
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57 | | - | (3)(4) If the transferor is not a vehicle dealer, as defined in K.S.A. |
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58 | | - | 8-2401, and amendments thereto, and a certificate of title has not been |
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59 | | - | issued for the vehicle under this section or a certificate of title was not |
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60 | | - | required under K.S.A. 8-135, and amendments thereto, the transferor SENATE BILL No. 97—page 2 |
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61 | | - | shall make application to the division for a nonhighway certificate of |
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62 | | - | title or a salvage title, whichever is applicable, as provided in this |
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63 | | - | section, except that in addition thereto, the division shall require a bill |
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64 | | - | of sale or such transferor's affidavit, with at least one other |
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65 | | - | corroborating affidavit, that such transferor is the owner of such |
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66 | | - | nonhighway vehicle or salvage vehicle. If the division is satisfied that |
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| 19 | + | vehicle, the purchaser thereof shall may obtain a nonhighway certificate of |
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| 20 | + | title or and shall obtain a salvage title, whichever is applicable, in the |
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| 21 | + | following manner: |
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| 22 | + | (1) If the transferor is a vehicle dealer, as defined in K.S.A. 8-2401, |
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| 23 | + | and amendments thereto, and a certificate of title has not been issued for |
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| 24 | + | such vehicle under this section or under the provisions of K.S.A. 8-135, |
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| 25 | + | and amendments thereto, such transferor shall may make application for |
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| 26 | + | and assign a nonhighway certificate of title or a salvage title, whichever is |
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| 27 | + | applicable, to the purchaser of such nonhighway vehicle or and shall make |
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| 28 | + | application for and assign salvage vehicle in the same manner and under |
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| 29 | + | the same conditions prescribed by K.S.A. 8-135, and amendments thereto, |
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| 30 | + | for the application for and assignment of a certificate of title thereunder. |
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| 31 | + | Upon the assignment thereof, the purchaser shall may make application for |
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| 32 | + | a new nonhighway certificate of title or and shall make application for a |
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| 33 | + | salvage title, as provided in subsection (c) or (d). |
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| 34 | + | (2) Except as provided in K.S.A. 8-199(b), and amendments thereto, |
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| 35 | + | if a certificate of title has been issued for any such vehicle under the |
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| 36 | + | provisions of K.S.A. 8-135, and amendments thereto, the owner of such |
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| 37 | + | nonhighway vehicle or salvage vehicle may surrender such certificate of |
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| 38 | + | title to the division of vehicles and make application to the division for a |
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| 39 | + | nonhighway certificate of title or salvage title, whichever is applicable, or |
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| 75 | + | 36 SB 97 2 |
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| 76 | + | the owner may obtain from the county treasurer's office a form prescribed |
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| 77 | + | by the division of vehicles and, upon proper execution thereof, may assign |
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| 78 | + | the nonhighway certificate of title, salvage title or the regular certificate of |
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| 79 | + | title with such form attached to the purchaser of the nonhighway vehicle or |
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| 80 | + | salvage vehicle. Upon receipt of the nonhighway certificate of title, |
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| 81 | + | salvage title or the regular certificate of title with such form attached, the |
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| 82 | + | purchaser shall may make application for a new nonhighway certificate of |
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| 83 | + | title or and shall make application for a salvage title, whichever is |
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| 84 | + | applicable, as provided in subsection (c) or (d). |
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| 85 | + | (3) If the transferor is not a vehicle dealer, as defined in K.S.A. 8- |
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| 86 | + | 2401, and amendments thereto, and a certificate of title has not been issued |
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| 87 | + | for the vehicle under this section or a certificate of title was not required |
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| 88 | + | under K.S.A. 8-135, and amendments thereto, the transferor shall may |
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| 89 | + | make application to the division for a nonhighway certificate of title or |
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| 90 | + | and shall make application to the division for a salvage title, whichever is |
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| 91 | + | applicable, as provided in this section, except that in addition thereto, the |
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| 92 | + | division shall require a bill of sale or such transferor's affidavit, with at |
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| 93 | + | least one other corroborating affidavit, that such transferor is the owner of |
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| 94 | + | such nonhighway vehicle or salvage vehicle. If the division is satisfied that |
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74 | | - | nonhighway certificate of title or a regular certificate of title with the |
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75 | | - | form specified in subsection (b)(2) (b)(3) attached, shall make |
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76 | | - | application to the county treasurer of the county where such person |
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77 | | - | resides for a new nonhighway certificate of title in the same manner |
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78 | | - | and under the same conditions as for an application for a certificate of |
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79 | | - | title under K.S.A. 8-135, and amendments thereto. Such application |
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80 | | - | shall be in the form prescribed by the director of vehicles and shall |
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81 | | - | contain substantially the same provisions as required for an application |
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82 | | - | under K.S.A. 8-135(c)(1), and amendments thereto. In addition, such |
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83 | | - | application shall provide a place for the applicant to certify that the |
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84 | | - | vehicle for which the application for a nonhighway certificate of title is |
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85 | | - | made is a nonhighway vehicle and other provisions the director deems |
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86 | | - | necessary. Each application for a nonhighway certificate of title shall be |
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87 | | - | accompanied by a fee of $10, and if the application is not made to the |
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88 | | - | county treasurer within the time prescribed by K.S.A. 8-135, and |
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89 | | - | amendments thereto, for making application for a certificate of title |
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90 | | - | thereunder, an additional fee of $2. |
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91 | | - | (d) (1) Except as otherwise provided by this section, the owner of |
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92 | | - | a vehicle that meets the definition of a salvage vehicle shall apply for a |
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93 | | - | salvage title before the ownership of the motor vehicle or travel trailer |
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94 | | - | is transferred. In no event shall such application be made more than 60 |
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95 | | - | days after the vehicle is determined to be a salvage vehicle. |
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96 | | - | (2) Every insurance company that, pursuant to a damage |
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97 | | - | settlement, acquires ownership of a vehicle that has incurred damage |
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98 | | - | requiring the vehicle to be designated a salvage vehicle, shall apply for |
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99 | | - | a salvage title within 60 days after the title is assigned and delivered by |
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100 | | - | the owner to the insurance company, with all liens released. In the |
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101 | | - | event that an insurance company is unable to obtain voluntary |
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102 | | - | assignment of the title after 30 days from the date the vehicle owner |
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103 | | - | enters into an oral or written damage settlement agreement where the |
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104 | | - | owner agrees to transfer the title, the insurance company may submit an |
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105 | | - | application on a form prescribed by the division for a salvage title. The |
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106 | | - | form shall be accompanied by an affidavit from the insurance company |
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107 | | - | stating that: (A) The insurance company is unable to obtain a transfer |
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108 | | - | of the title from the owner following an oral or written acceptance of an |
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109 | | - | offer of damage settlement; (B) there is evidence of the damage |
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110 | | - | settlement; (C) that there are no existing liens on the vehicle or all liens |
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111 | | - | on the vehicle have been released; (D) the insurance company has |
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112 | | - | physical possession of the vehicle; and (E) the insurance company has |
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| 102 | + | nonhighway certificate of title or a regular certificate of title with the form |
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| 103 | + | specified in subsection (b)(2) attached, shall may make application to the |
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| 104 | + | county treasurer of the county where such person resides for a new |
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| 105 | + | nonhighway certificate of title in the same manner and under the same |
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| 106 | + | conditions as for an application for a certificate of title under K.S.A. 8- |
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| 107 | + | 135, and amendments thereto. Such application shall be in the form |
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| 108 | + | prescribed by the director of vehicles and shall contain substantially the |
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| 109 | + | same provisions as required for an application under K.S.A. 8-135(c)(1), |
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| 110 | + | and amendments thereto. In addition, such application shall provide a |
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| 111 | + | place for the applicant to certify that the vehicle for which the application |
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| 112 | + | for a nonhighway certificate of title is made is a nonhighway vehicle and |
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| 113 | + | other provisions the director deems necessary. Each application for a |
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| 114 | + | nonhighway certificate of title shall be accompanied by a fee of $10, and if |
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| 115 | + | the application is not made to the county treasurer within the time |
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| 116 | + | prescribed by K.S.A. 8-135, and amendments thereto, for making |
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| 117 | + | application for a certificate of title thereunder, an additional fee of $2. |
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| 118 | + | (d) (1) Except as otherwise provided by this section, the owner of a |
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| 161 | + | 43 SB 97 3 |
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| 162 | + | vehicle that meets the definition of a salvage vehicle shall apply for a |
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| 163 | + | salvage title before the ownership of the motor vehicle or travel trailer is |
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| 164 | + | transferred. In no event shall such application be made more than 60 days |
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| 165 | + | after the vehicle is determined to be a salvage vehicle. |
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| 166 | + | (2) Every insurance company that, pursuant to a damage settlement, |
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| 167 | + | acquires ownership of a vehicle that has incurred damage requiring the |
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| 168 | + | vehicle to be designated a salvage vehicle, shall apply for a salvage title |
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| 169 | + | within 60 days after the title is assigned and delivered by the owner to the |
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| 170 | + | insurance company, with all liens released. In the event that an insurance |
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| 171 | + | company is unable to obtain voluntary assignment of the title after 30 days |
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| 172 | + | from the date the vehicle owner enters into an oral or written damage |
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| 173 | + | settlement agreement where the owner agrees to transfer the title, the |
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| 174 | + | insurance company may submit an application on a form prescribed by the |
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| 175 | + | division for a salvage title. The form shall be accompanied by an affidavit |
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| 176 | + | from the insurance company stating that: (A) The insurance company is |
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| 177 | + | unable to obtain a transfer of the title from the owner following an oral or |
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| 178 | + | written acceptance of an offer of damage settlement; (B) there is evidence |
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| 179 | + | of the damage settlement; (C) that there are no existing liens on the vehicle |
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| 180 | + | or all liens on the vehicle have been released; (D) the insurance company |
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| 181 | + | has physical possession of the vehicle; and (E) the insurance company has |
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114 | | - | notice of such intent to transfer and the owner has not delivered a |
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115 | | - | written objection to the insurance company. |
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116 | | - | (3) Every insurance company that makes a damage settlement for |
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117 | | - | a vehicle that has incurred damage requiring such vehicle to be |
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118 | | - | designated a salvage vehicle, but does not acquire ownership of the |
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119 | | - | vehicle, shall notify the vehicle owner of the owner's obligation to SENATE BILL No. 97—page 3 |
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120 | | - | apply for a salvage title for the motor vehicle or travel trailer, and shall |
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121 | | - | notify the division of this fact in accordance with procedures |
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122 | | - | established by the division. The vehicle owner shall apply for a salvage |
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123 | | - | title within 60 days after being notified by the insurance company. |
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124 | | - | (4) The lessee of any vehicle that incurs damage requiring the |
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125 | | - | vehicle to be designated a salvage vehicle shall notify the lessor of this |
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126 | | - | fact within 30 days of the determination that the vehicle is a salvage |
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127 | | - | vehicle. |
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128 | | - | (5) The lessor of any motor vehicle or travel trailer that has |
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129 | | - | incurred damage requiring the vehicle to be titled as a salvage vehicle, |
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130 | | - | shall apply for a salvage title within 60 days after being notified of this |
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131 | | - | fact by the lessee. |
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| 183 | + | notice of such intent to transfer and the owner has not delivered a written |
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| 184 | + | objection to the insurance company. |
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| 185 | + | (3) Every insurance company that makes a damage settlement for a |
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| 186 | + | vehicle that has incurred damage requiring such vehicle to be designated a |
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| 187 | + | salvage vehicle, but does not acquire ownership of the vehicle, shall notify |
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| 188 | + | the vehicle owner of the owner's obligation to apply for a salvage title for |
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| 189 | + | the motor vehicle or travel trailer, and shall notify the division of this fact |
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| 190 | + | in accordance with procedures established by the division. The vehicle |
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| 191 | + | owner shall apply for a salvage title within 60 days after being notified by |
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| 192 | + | the insurance company. |
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| 193 | + | (4) The lessee of any vehicle that incurs damage requiring the vehicle |
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| 194 | + | to be designated a salvage vehicle shall notify the lessor of this fact within |
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| 195 | + | 30 days of the determination that the vehicle is a salvage vehicle. |
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| 196 | + | (5) The lessor of any motor vehicle or travel trailer that has incurred |
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| 197 | + | damage requiring the vehicle to be titled as a salvage vehicle, shall apply |
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| 198 | + | for a salvage title within 60 days after being notified of this fact by the |
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| 199 | + | lessee. |
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134 | | - | title has not been issued, shall apply for the required document prior to |
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135 | | - | any further transfer of such vehicle, but in no event, more than 60 days |
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136 | | - | after ownership is acquired. |
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137 | | - | (7) Every purchaser of a salvage vehicle, whether assigned a |
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138 | | - | salvage title or a regular certificate of title with the form specified in |
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139 | | - | subsection (b)(2) (b)(3) attached, shall make application to the county |
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140 | | - | treasurer of the county where such person resides for a new salvage |
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141 | | - | title, in the same manner and under the same condition as for an |
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142 | | - | application for a certificate of title under K.S.A. 8-135, and |
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143 | | - | amendments thereto. Such application shall be in the form prescribed |
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144 | | - | by the director of vehicles and shall contain substantially the same |
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145 | | - | provisions as required for an application under K.S.A. 8-135(c)(1), and |
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146 | | - | amendments thereto. In addition, such application shall provide a place |
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147 | | - | for the applicant to certify that the vehicle for which the application for |
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148 | | - | salvage title is made is a salvage vehicle, and other provisions the |
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149 | | - | director deems necessary. Each application for a salvage title shall be |
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150 | | - | accompanied by a fee of $10 and if the application is not made to the |
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151 | | - | county treasurer within the time prescribed by K.S.A. 8-135, and |
---|
152 | | - | amendments thereto, for making application for a certificate of title |
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| 202 | + | title has not been issued, shall apply for the required document prior to any |
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| 203 | + | further transfer of such vehicle, but in no event, more than 60 days after |
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| 204 | + | ownership is acquired. |
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| 247 | + | 43 SB 97 4 |
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| 248 | + | (7) Every purchaser of a salvage vehicle, whether assigned a salvage |
---|
| 249 | + | title or a regular certificate of title with the form specified in subsection (b) |
---|
| 250 | + | (2) attached, shall make application to the county treasurer of the county |
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| 251 | + | where such person resides for a new salvage title, in the same manner and |
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| 252 | + | under the same condition as for an application for a certificate of title |
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| 253 | + | under K.S.A. 8-135, and amendments thereto. Such application shall be in |
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| 254 | + | the form prescribed by the director of vehicles and shall contain |
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| 255 | + | substantially the same provisions as required for an application under |
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| 256 | + | K.S.A. 8-135(c)(1), and amendments thereto. In addition, such application |
---|
| 257 | + | shall provide a place for the applicant to certify that the vehicle for which |
---|
| 258 | + | the application for salvage title is made is a salvage vehicle, and other |
---|
| 259 | + | provisions the director deems necessary. Each application for a salvage |
---|
| 260 | + | title shall be accompanied by a fee of $10 and if the application is not |
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| 261 | + | made to the county treasurer within the time prescribed by K.S.A. 8-135, |
---|
| 262 | + | and amendments thereto, for making application for a certificate of title |
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171 | | - | (2) Upon transfer or sale of a nonhighway vehicle in a condition |
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172 | | - | that will allow the registration of such vehicle, the owner shall may |
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173 | | - | assign the nonhighway certificate of title to the purchaser, and the |
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174 | | - | purchaser shall may obtain a certificate of title and register such vehicle |
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175 | | - | as provided in K.S.A. 8-135, and amendments thereto. No regular |
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176 | | - | certificate of title shall be issued for a vehicle for which there has been |
---|
177 | | - | issued a nonhighway certificate of title until there has been compliance |
---|
178 | | - | with K.S.A. 8-116a, and amendments thereto. SENATE BILL No. 97—page 4 |
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179 | | - | (3) (A) Upon transfer or sale of a salvage vehicle that has been |
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180 | | - | rebuilt or restored or is otherwise in a condition that will allow the |
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181 | | - | registration of such vehicle, the owner shall assign the salvage title to |
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182 | | - | the purchaser, and the purchaser shall obtain a rebuilt salvage title and |
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183 | | - | register such vehicle as provided in K.S.A. 8-135, and amendments |
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184 | | - | thereto. No rebuilt salvage title shall be issued for a vehicle for which |
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185 | | - | there has been issued a salvage title until there has been compliance |
---|
186 | | - | with K.S.A. 8-116a, and amendments thereto, and the notice required in |
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187 | | - | subsection (f)(3)(B) has been attached to such vehicle. |
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| 281 | + | (2) Upon transfer or sale of a nonhighway vehicle in a condition that |
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| 282 | + | will allow the registration of such vehicle, the owner shall may assign the |
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| 283 | + | nonhighway certificate of title to the purchaser, and the purchaser shall |
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| 284 | + | may obtain a certificate of title and register such vehicle as provided in |
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| 285 | + | K.S.A. 8-135, and amendments thereto. No regular certificate of title shall |
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| 286 | + | be issued for a vehicle for which there has been issued a nonhighway |
---|
| 287 | + | certificate of title until there has been compliance with K.S.A. 8-116a, and |
---|
| 288 | + | amendments thereto. |
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| 289 | + | (3) (A) Upon transfer or sale of a salvage vehicle that has been rebuilt |
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| 290 | + | or restored or is otherwise in a condition that will allow the registration of |
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| 333 | + | 43 SB 97 5 |
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| 334 | + | such vehicle, the owner shall assign the salvage title to the purchaser, and |
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| 335 | + | the purchaser shall obtain a rebuilt salvage title and register such vehicle |
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| 336 | + | as provided in K.S.A. 8-135, and amendments thereto. No rebuilt salvage |
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| 337 | + | title shall be issued for a vehicle for which there has been issued a salvage |
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| 338 | + | title until there has been compliance with K.S.A. 8-116a, and amendments |
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| 339 | + | thereto, and the notice required in subsection (f)(3)(B) has been attached to |
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| 340 | + | such vehicle. |
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204 | | - | this state over the most direct route from the place such salvage vehicle |
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205 | | - | is located to a specified location named on the permit and to return to |
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206 | | - | the original location. No such permit shall be issued for any vehicle |
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207 | | - | unless the owner has motor vehicle liability insurance coverage or an |
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208 | | - | approved self-insurance plan under K.S.A. 40-3104, and amendments |
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209 | | - | thereto. Such permit shall be on a form furnished by the director of |
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210 | | - | vehicles and shall state the date the vehicle is to be taken to the other |
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211 | | - | location, the name of the insurer, as defined in K.S.A. 40-3103, and |
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212 | | - | amendments thereto, and the policy number or a statement that the |
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213 | | - | vehicle is included in a self-insurance plan approved by the |
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214 | | - | commissioner of insurance, a statement attesting to the correctness of |
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215 | | - | the information concerning financial security, the vehicle identification |
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216 | | - | number and a description of the vehicle. Such permit shall be signed by |
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217 | | - | the owner of the vehicle. The permit shall be carried in the vehicle for |
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218 | | - | which it is issued and shall be displayed so that it is visible from the |
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219 | | - | rear of the vehicle. The fee for such permit shall be $1 and shall be |
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220 | | - | retained by the county treasurer. |
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221 | | - | (h) A nonhighway vehicle or salvage vehicle for which a |
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222 | | - | nonhighway certificate of title or salvage title has been issued pursuant |
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223 | | - | to this section shall not be deemed a motor vehicle for the purposes of |
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224 | | - | K.S.A. 40-3101 through 40-3121, and amendments thereto, except |
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225 | | - | when such vehicle is being operated pursuant to subsection (g). Any |
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226 | | - | person who knowingly makes a false statement concerning financial |
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227 | | - | security in obtaining a permit pursuant to subsection (g), or who fails to |
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228 | | - | obtain a permit when required by law to do so is guilty of a class C |
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229 | | - | misdemeanor. |
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| 357 | + | this state over the most direct route from the place such salvage vehicle is |
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| 358 | + | located to a specified location named on the permit and to return to the |
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| 359 | + | original location. No such permit shall be issued for any vehicle unless the |
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| 360 | + | owner has motor vehicle liability insurance coverage or an approved self- |
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| 361 | + | insurance plan under K.S.A. 40-3104, and amendments thereto. Such |
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| 362 | + | permit shall be on a form furnished by the director of vehicles and shall |
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| 363 | + | state the date the vehicle is to be taken to the other location, the name of |
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| 364 | + | the insurer, as defined in K.S.A. 40-3103, and amendments thereto, and the |
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| 365 | + | policy number or a statement that the vehicle is included in a self- |
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| 366 | + | insurance plan approved by the commissioner of insurance, a statement |
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| 367 | + | attesting to the correctness of the information concerning financial |
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| 368 | + | security, the vehicle identification number and a description of the vehicle. |
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| 369 | + | Such permit shall be signed by the owner of the vehicle. The permit shall |
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| 370 | + | be carried in the vehicle for which it is issued and shall be displayed so |
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| 371 | + | that it is visible from the rear of the vehicle. The fee for such permit shall |
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| 372 | + | be $1 and shall be retained by the county treasurer. |
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| 373 | + | (h) A nonhighway vehicle or salvage vehicle for which a nonhighway |
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| 374 | + | certificate of title or salvage title has been issued pursuant to this section |
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| 375 | + | shall not be deemed a motor vehicle for the purposes of K.S.A. 40-3101 |
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| 376 | + | through 40-3121, and amendments thereto, except when such vehicle is |
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| 419 | + | 43 SB 97 6 |
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| 420 | + | being operated pursuant to subsection (g). Any person who knowingly |
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| 421 | + | makes a false statement concerning financial security in obtaining a permit |
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| 422 | + | pursuant to subsection (g), or who fails to obtain a permit when required |
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| 423 | + | by law to do so is guilty of a class C misdemeanor. |
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236 | | - | utility vehicle, as defined in K.S.A. 8-126, and amendments thereto, |
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237 | | - | shall not be required to file an application for a nonhighway certificate SENATE BILL No. 97—page 5 |
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238 | | - | of title under the provisions of this section for such work-site utility |
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239 | | - | vehicle, unless the person transfers an interest in such work-site utility |
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240 | | - | vehicle. |
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241 | | - | (k) (1) A salvage vehicle pool, or a salvage vehicle dealer, as both |
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242 | | - | are defined and licensed to operate in this state pursuant to K.S.A. 8- |
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243 | | - | 2401 et seq., and amendments thereto, may apply for an ownership |
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244 | | - | document with the division of vehicles without forwarding the |
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245 | | - | certificate of title to the division for a vehicle that is the subject of an |
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246 | | - | insurance claim when: |
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247 | | - | (A) At the request of an insurance company, the salvage vehicle |
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248 | | - | pool or salvage vehicle dealer obtains possession of the vehicle; |
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| 430 | + | utility vehicle, as defined in K.S.A. 8-126, and amendments thereto, shall |
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| 431 | + | not be required to file an application for a nonhighway certificate of title |
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| 432 | + | under the provisions of this section for such work-site utility vehicle, |
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| 433 | + | unless the person transfers an interest in such work-site utility vehicle. |
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| 434 | + | (k) (1) A salvage vehicle pool, or a salvage vehicle dealer, as both are |
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| 435 | + | defined and licensed to operate in this state pursuant to K.S.A. 8-2401 et |
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| 436 | + | seq., and amendments thereto, may apply for an ownership document with |
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| 437 | + | the division of vehicles without forwarding the certificate of title to the |
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| 438 | + | division for a vehicle that is the subject of an insurance claim when: |
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| 439 | + | (A) At the request of an insurance company, the salvage vehicle pool |
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| 440 | + | or salvage vehicle dealer obtains possession of the vehicle; |
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278 | | - | salvage vehicle dealer a salvage title or a nonrepairable vehicle |
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279 | | - | certificate free and clear of all liens, security interests and |
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280 | | - | encumbrances. |
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281 | | - | Sec. 2. K.S.A. 8-198 is hereby repealed. SENATE BILL No. 97—page 6 |
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282 | | - | Sec. 3. This act shall take effect and be in force from and after its |
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| 512 | + | salvage vehicle dealer a salvage title or a nonrepairable vehicle certificate |
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| 513 | + | free and clear of all liens, security interests and encumbrances. |
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| 514 | + | Sec. 2. K.S.A. 2024 Supp. 8-2408 is hereby amended to read as |
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| 515 | + | follows: 8-2408. Except as hereinafter provided, every person licensed as a |
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| 516 | + | dealer under provisions of this act shall: |
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| 517 | + | (a) On or before the |
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| 518 | + | |
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| 519 | + | 25 |
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| 520 | + | th |
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| 521 | + | day of each month, file a monthly report, on |
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| 522 | + | a form prescribed and furnished by the division of vehicles, listing all sales |
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| 523 | + | or transfers, except sales or transfers by a first or second stage |
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| 524 | + | manufacturer to a vehicle dealer of new or used vehicles, including the |
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| 525 | + | name and address of the purchaser or transferee, date of sale, the serial or |
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| 526 | + | identification number of the vehicle, and such other information as the |
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| 527 | + | division may require. |
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| 528 | + | (b) Salvage vehicle dealers, vehicle crusher, vehicle recycler, |
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| 529 | + | rebuilder, scrap metal recycler and salvage vehicle pool shall, in addition |
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| 530 | + | to their monthly sales report for used vehicles, if applicable, on or before |
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| 531 | + | the 25 |
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| 532 | + | th |
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| 533 | + | day of each month file a monthly report on a form prescribed and |
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| 534 | + | furnished by the division, listing all vehicles for which the major |
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| 535 | + | component part containing the vehicle identification number or engine |
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| 536 | + | number if manufactured prior to 1981, has been disposed of or sold. The |
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| 537 | + | certificate of title or transfer certificate for all vehicles listed must |
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| 538 | + | accompany the monthly report. |
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| 539 | + | (c) Make available during regular business hours to any employee of |
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| 540 | + | the division or any member of law enforcement for the purpose of |
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| 541 | + | investigation or inspection,: |
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| 542 | + | (1) All records concerning vehicles purchased, sold or exchanged |
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| 543 | + | during the preceding 12 months, including; and |
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| 544 | + | (2) certificates of title on all vehicles owned by the dealership, except |
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| 545 | + | those titles: |
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| 546 | + | (A) Surrendered pursuant to subsection (b); or |
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| 547 | + | (B) for nonhighway vehicles, unless the dealership elects to obtain |
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| 548 | + | the title for such vehicles. |
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| 549 | + | (d) Whenever a dealer sells or otherwise disposes of such dealer's |
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| 550 | + | business, or for any reason suspends or goes out of business as a dealer, |
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| 551 | + | such dealer shall notify the division and return the dealer's license and |
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| 552 | + | dealer plates, and the division upon receipt of such notice and plates shall |
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| 553 | + | cancel the dealer's license, except that such dealer may, upon payment of |
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| 554 | + | 50% of the annual fee to the division, have the license and dealer plates |
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| 598 | + | assigned to the purchaser of the business. |
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| 599 | + | (e) In addition to the requirements of subsection (a), any dealer |
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| 600 | + | paying a commission or fee to a broker shall report to the division, on the |
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| 601 | + | monthly sales report, the name of the broker and the broker's license |
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| 602 | + | number. |
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| 603 | + | (f) Dealers, licensed as brokers must in addition to the requirements |
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| 604 | + | of subsection (a) include on the monthly sales reports, the name of the |
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| 605 | + | seller, the transferor or dealer that owns the vehicle and whether the seller |
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| 606 | + | or the purchaser paid the broker's fee or commission. |
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| 607 | + | (g) Lending agencies licensed under this act, which sell two or less |
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| 608 | + | repossessed vehicles a month, shall not be required to file the monthly |
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| 609 | + | reports under subsection (a), except that such lending agencies shall report |
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| 610 | + | annually, on a form prescribed and furnished by the division, the total |
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| 611 | + | number of sales or transfers of such vehicles. |
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| 612 | + | Sec. 3. K.S.A. 8-198 and K.S.A. 2024 Supp. 8-2408 are hereby |
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| 613 | + | repealed. |
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| 614 | + | Sec. 4. This act shall take effect and be in force from and after its |
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