Kansas 2025-2026 Regular Session

Kansas Senate Bill SB97 Compare Versions

OldNewDifferences
1+Session of 2025
12 SENATE BILL No. 97
2-AN ACT concerning motor vehicles; relating to certain nonhighway vehicles; requiring
3-vehicle dealers to obtain a dealer inventory-only title for any used all-terrain vehicle,
4-work-site utility vehicle, recreational off-highway vehicle or motorcycle that such
5-dealer obtains; amending K.S.A. 8-198 and repealing the existing section.
3+By Committee on Transportation
4+1-29
5+AN ACT concerning motor vehicles; relating to nonhighway vehicles;
6+granting purchasers of nonhighway vehicles the option to obtain a
7+nonhighway certificate of title; amending K.S.A. 8-198 and K.S.A.
8+2024 Supp. 8-2408 and repealing the existing sections.
69 Be it enacted by the Legislature of the State of Kansas:
7-Section 1. K.S.A. 8-198 is hereby amended to read as follows: 8-
8-198. (a) A nonhighway or salvage vehicle shall not be required to be
9-registered in this state, as provided in K.S.A. 8-135, and amendments
10-thereto, but nothing in this section shall be construed as abrogating,
11-limiting or otherwise affecting the provisions of K.S.A. 8-142, and
12-amendments thereto, which make it unlawful for any person to operate
13-or knowingly permit the operation in this state of a vehicle required to
14-be registered in this state.
10+Section 1. K.S.A. 8-198 is hereby amended to read as follows: 8-198.
11+(a) A nonhighway or salvage vehicle shall not be required to be registered
12+in this state, as provided in K.S.A. 8-135, and amendments thereto, but
13+nothing in this section shall be construed as abrogating, limiting or
14+otherwise affecting the provisions of K.S.A. 8-142, and amendments
15+thereto, which make it unlawful for any person to operate or knowingly
16+permit the operation in this state of a vehicle required to be registered in
17+this state.
1518 (b) Upon the sale or transfer of any nonhighway vehicle or salvage
16-vehicle, the purchaser thereof shall obtain a nonhighway certificate of
17-title or a salvage title, whichever is applicable, or a dealer inventory-
18-only title in the following manner:
19-(1) If the vehicle dealer, as defined in K.S.A. 8-2401, and
20-amendments thereto, obtains ownership of a used vehicle that is an all-
21-terrain vehicle, work-site utility vehicle, recreational off-highway
22-vehicle or motorcycle and such vehicle would qualify as a nonhighway
23-vehicle pursuant to K.S.A. 8-197, and amendments thereto, the vehicle
24-dealer shall make application to the county treasurer of such county for
25-a dealer inventory-only title. Each application for a dealer inventory-
26-only title shall be accompanied by a fee of $10 and either a bill of sale
27-or certificate of title with the application for the vehicle. All moneys
28-received under this paragraph shall be remitted as a certificate of title
29-in accordance with K.S.A. 8-145(b), and amendments thereto.
30-(1)(2) If the transferor is a vehicle dealer, as defined in K.S.A. 8-
31-2401, and amendments thereto, and a certificate of title has not been
32-issued for such vehicle under this section or under the provisions of
33-K.S.A. 8-135, and amendments thereto, such transferor shall make
34-application for and assign a nonhighway certificate of title or a salvage
35-title, whichever is applicable, to the purchaser of such nonhighway
36-vehicle or salvage vehicle in the same manner and under the same
37-conditions prescribed by K.S.A. 8-135, and amendments thereto, for
38-the application for and assignment of a certificate of title thereunder.
39-Upon the assignment thereof, the purchaser shall make application for a
40-new nonhighway certificate of title or a salvage title, as provided in
41-subsection (c) or (d).
42-(2)(3) Except as provided in K.S.A. 8-199(b), and amendments
43-thereto, if a certificate of title has been issued for any such vehicle
44-under the provisions of K.S.A. 8-135, and amendments thereto, the
45-owner of such nonhighway vehicle or salvage vehicle may surrender
46-such certificate of title to the division of vehicles and make application
47-to the division for a nonhighway certificate of title or salvage title,
48-whichever is applicable, or the owner may obtain from the county
49-treasurer's office a form prescribed by the division of vehicles and,
50-upon proper execution thereof, may assign the nonhighway certificate
51-of title, salvage title or the regular certificate of title with such form
52-attached to the purchaser of the nonhighway vehicle or salvage vehicle.
53-Upon receipt of the nonhighway certificate of title, salvage title or the
54-regular certificate of title with such form attached, the purchaser shall
55-make application for a new nonhighway certificate of title or a salvage
56-title, whichever is applicable, as provided in subsection (c) or (d).
57-(3)(4) If the transferor is not a vehicle dealer, as defined in K.S.A.
58-8-2401, and amendments thereto, and a certificate of title has not been
59-issued for the vehicle under this section or a certificate of title was not
60-required under K.S.A. 8-135, and amendments thereto, the transferor SENATE BILL No. 97—page 2
61-shall make application to the division for a nonhighway certificate of
62-title or a salvage title, whichever is applicable, as provided in this
63-section, except that in addition thereto, the division shall require a bill
64-of sale or such transferor's affidavit, with at least one other
65-corroborating affidavit, that such transferor is the owner of such
66-nonhighway vehicle or salvage vehicle. If the division is satisfied that
19+vehicle, the purchaser thereof shall may obtain a nonhighway certificate of
20+title or and shall obtain a salvage title, whichever is applicable, in the
21+following manner:
22+(1) If the transferor is a vehicle dealer, as defined in K.S.A. 8-2401,
23+and amendments thereto, and a certificate of title has not been issued for
24+such vehicle under this section or under the provisions of K.S.A. 8-135,
25+and amendments thereto, such transferor shall may make application for
26+and assign a nonhighway certificate of title or a salvage title, whichever is
27+applicable, to the purchaser of such nonhighway vehicle or and shall make
28+application for and assign salvage vehicle in the same manner and under
29+the same conditions prescribed by K.S.A. 8-135, and amendments thereto,
30+for the application for and assignment of a certificate of title thereunder.
31+Upon the assignment thereof, the purchaser shall may make application for
32+a new nonhighway certificate of title or and shall make application for a
33+salvage title, as provided in subsection (c) or (d).
34+(2) Except as provided in K.S.A. 8-199(b), and amendments thereto,
35+if a certificate of title has been issued for any such vehicle under the
36+provisions of K.S.A. 8-135, and amendments thereto, the owner of such
37+nonhighway vehicle or salvage vehicle may surrender such certificate of
38+title to the division of vehicles and make application to the division for a
39+nonhighway certificate of title or salvage title, whichever is applicable, or
40+1
41+2
42+3
43+4
44+5
45+6
46+7
47+8
48+9
49+10
50+11
51+12
52+13
53+14
54+15
55+16
56+17
57+18
58+19
59+20
60+21
61+22
62+23
63+24
64+25
65+26
66+27
67+28
68+29
69+30
70+31
71+32
72+33
73+34
74+35
75+36 SB 97 2
76+the owner may obtain from the county treasurer's office a form prescribed
77+by the division of vehicles and, upon proper execution thereof, may assign
78+the nonhighway certificate of title, salvage title or the regular certificate of
79+title with such form attached to the purchaser of the nonhighway vehicle or
80+salvage vehicle. Upon receipt of the nonhighway certificate of title,
81+salvage title or the regular certificate of title with such form attached, the
82+purchaser shall may make application for a new nonhighway certificate of
83+title or and shall make application for a salvage title, whichever is
84+applicable, as provided in subsection (c) or (d).
85+(3) If the transferor is not a vehicle dealer, as defined in K.S.A. 8-
86+2401, and amendments thereto, and a certificate of title has not been issued
87+for the vehicle under this section or a certificate of title was not required
88+under K.S.A. 8-135, and amendments thereto, the transferor shall may
89+make application to the division for a nonhighway certificate of title or
90+and shall make application to the division for a salvage title, whichever is
91+applicable, as provided in this section, except that in addition thereto, the
92+division shall require a bill of sale or such transferor's affidavit, with at
93+least one other corroborating affidavit, that such transferor is the owner of
94+such nonhighway vehicle or salvage vehicle. If the division is satisfied that
6795 the transferor is the owner, the division shall issue a nonhighway
6896 certificate of title or salvage title, whichever is applicable, for such
69-vehicle, and the transferor shall assign the same to the purchaser, who
70-shall make application for a new nonhighway certificate of title or a
71-salvage title, whichever is applicable, as provided in subsection (c) or
72-(d).
97+vehicle, and the transferor shall assign the same to the purchaser, who shall
98+may make application for a new nonhighway certificate of title or and
99+shall make application for a salvage title, whichever is applicable, as
100+provided in subsection (c) or (d).
73101 (c) Every purchaser of a nonhighway vehicle, whether assigned a
74-nonhighway certificate of title or a regular certificate of title with the
75-form specified in subsection (b)(2) (b)(3) attached, shall make
76-application to the county treasurer of the county where such person
77-resides for a new nonhighway certificate of title in the same manner
78-and under the same conditions as for an application for a certificate of
79-title under K.S.A. 8-135, and amendments thereto. Such application
80-shall be in the form prescribed by the director of vehicles and shall
81-contain substantially the same provisions as required for an application
82-under K.S.A. 8-135(c)(1), and amendments thereto. In addition, such
83-application shall provide a place for the applicant to certify that the
84-vehicle for which the application for a nonhighway certificate of title is
85-made is a nonhighway vehicle and other provisions the director deems
86-necessary. Each application for a nonhighway certificate of title shall be
87-accompanied by a fee of $10, and if the application is not made to the
88-county treasurer within the time prescribed by K.S.A. 8-135, and
89-amendments thereto, for making application for a certificate of title
90-thereunder, an additional fee of $2.
91-(d) (1) Except as otherwise provided by this section, the owner of
92-a vehicle that meets the definition of a salvage vehicle shall apply for a
93-salvage title before the ownership of the motor vehicle or travel trailer
94-is transferred. In no event shall such application be made more than 60
95-days after the vehicle is determined to be a salvage vehicle.
96-(2) Every insurance company that, pursuant to a damage
97-settlement, acquires ownership of a vehicle that has incurred damage
98-requiring the vehicle to be designated a salvage vehicle, shall apply for
99-a salvage title within 60 days after the title is assigned and delivered by
100-the owner to the insurance company, with all liens released. In the
101-event that an insurance company is unable to obtain voluntary
102-assignment of the title after 30 days from the date the vehicle owner
103-enters into an oral or written damage settlement agreement where the
104-owner agrees to transfer the title, the insurance company may submit an
105-application on a form prescribed by the division for a salvage title. The
106-form shall be accompanied by an affidavit from the insurance company
107-stating that: (A) The insurance company is unable to obtain a transfer
108-of the title from the owner following an oral or written acceptance of an
109-offer of damage settlement; (B) there is evidence of the damage
110-settlement; (C) that there are no existing liens on the vehicle or all liens
111-on the vehicle have been released; (D) the insurance company has
112-physical possession of the vehicle; and (E) the insurance company has
102+nonhighway certificate of title or a regular certificate of title with the form
103+specified in subsection (b)(2) attached, shall may make application to the
104+county treasurer of the county where such person resides for a new
105+nonhighway certificate of title in the same manner and under the same
106+conditions as for an application for a certificate of title under K.S.A. 8-
107+135, and amendments thereto. Such application shall be in the form
108+prescribed by the director of vehicles and shall contain substantially the
109+same provisions as required for an application under K.S.A. 8-135(c)(1),
110+and amendments thereto. In addition, such application shall provide a
111+place for the applicant to certify that the vehicle for which the application
112+for a nonhighway certificate of title is made is a nonhighway vehicle and
113+other provisions the director deems necessary. Each application for a
114+nonhighway certificate of title shall be accompanied by a fee of $10, and if
115+the application is not made to the county treasurer within the time
116+prescribed by K.S.A. 8-135, and amendments thereto, for making
117+application for a certificate of title thereunder, an additional fee of $2.
118+(d) (1) Except as otherwise provided by this section, the owner of a
119+1
120+2
121+3
122+4
123+5
124+6
125+7
126+8
127+9
128+10
129+11
130+12
131+13
132+14
133+15
134+16
135+17
136+18
137+19
138+20
139+21
140+22
141+23
142+24
143+25
144+26
145+27
146+28
147+29
148+30
149+31
150+32
151+33
152+34
153+35
154+36
155+37
156+38
157+39
158+40
159+41
160+42
161+43 SB 97 3
162+vehicle that meets the definition of a salvage vehicle shall apply for a
163+salvage title before the ownership of the motor vehicle or travel trailer is
164+transferred. In no event shall such application be made more than 60 days
165+after the vehicle is determined to be a salvage vehicle.
166+(2) Every insurance company that, pursuant to a damage settlement,
167+acquires ownership of a vehicle that has incurred damage requiring the
168+vehicle to be designated a salvage vehicle, shall apply for a salvage title
169+within 60 days after the title is assigned and delivered by the owner to the
170+insurance company, with all liens released. In the event that an insurance
171+company is unable to obtain voluntary assignment of the title after 30 days
172+from the date the vehicle owner enters into an oral or written damage
173+settlement agreement where the owner agrees to transfer the title, the
174+insurance company may submit an application on a form prescribed by the
175+division for a salvage title. The form shall be accompanied by an affidavit
176+from the insurance company stating that: (A) The insurance company is
177+unable to obtain a transfer of the title from the owner following an oral or
178+written acceptance of an offer of damage settlement; (B) there is evidence
179+of the damage settlement; (C) that there are no existing liens on the vehicle
180+or all liens on the vehicle have been released; (D) the insurance company
181+has physical possession of the vehicle; and (E) the insurance company has
113182 provided the owner, at the owner's last known address, 30 days' prior
114-notice of such intent to transfer and the owner has not delivered a
115-written objection to the insurance company.
116-(3) Every insurance company that makes a damage settlement for
117-a vehicle that has incurred damage requiring such vehicle to be
118-designated a salvage vehicle, but does not acquire ownership of the
119-vehicle, shall notify the vehicle owner of the owner's obligation to SENATE BILL No. 97—page 3
120-apply for a salvage title for the motor vehicle or travel trailer, and shall
121-notify the division of this fact in accordance with procedures
122-established by the division. The vehicle owner shall apply for a salvage
123-title within 60 days after being notified by the insurance company.
124-(4) The lessee of any vehicle that incurs damage requiring the
125-vehicle to be designated a salvage vehicle shall notify the lessor of this
126-fact within 30 days of the determination that the vehicle is a salvage
127-vehicle.
128-(5) The lessor of any motor vehicle or travel trailer that has
129-incurred damage requiring the vehicle to be titled as a salvage vehicle,
130-shall apply for a salvage title within 60 days after being notified of this
131-fact by the lessee.
183+notice of such intent to transfer and the owner has not delivered a written
184+objection to the insurance company.
185+(3) Every insurance company that makes a damage settlement for a
186+vehicle that has incurred damage requiring such vehicle to be designated a
187+salvage vehicle, but does not acquire ownership of the vehicle, shall notify
188+the vehicle owner of the owner's obligation to apply for a salvage title for
189+the motor vehicle or travel trailer, and shall notify the division of this fact
190+in accordance with procedures established by the division. The vehicle
191+owner shall apply for a salvage title within 60 days after being notified by
192+the insurance company.
193+(4) The lessee of any vehicle that incurs damage requiring the vehicle
194+to be designated a salvage vehicle shall notify the lessor of this fact within
195+30 days of the determination that the vehicle is a salvage vehicle.
196+(5) The lessor of any motor vehicle or travel trailer that has incurred
197+damage requiring the vehicle to be titled as a salvage vehicle, shall apply
198+for a salvage title within 60 days after being notified of this fact by the
199+lessee.
132200 (6) Every person acquiring ownership of a motor vehicle or travel
133201 trailer that meets the definition of a salvage vehicle, for which a salvage
134-title has not been issued, shall apply for the required document prior to
135-any further transfer of such vehicle, but in no event, more than 60 days
136-after ownership is acquired.
137-(7) Every purchaser of a salvage vehicle, whether assigned a
138-salvage title or a regular certificate of title with the form specified in
139-subsection (b)(2) (b)(3) attached, shall make application to the county
140-treasurer of the county where such person resides for a new salvage
141-title, in the same manner and under the same condition as for an
142-application for a certificate of title under K.S.A. 8-135, and
143-amendments thereto. Such application shall be in the form prescribed
144-by the director of vehicles and shall contain substantially the same
145-provisions as required for an application under K.S.A. 8-135(c)(1), and
146-amendments thereto. In addition, such application shall provide a place
147-for the applicant to certify that the vehicle for which the application for
148-salvage title is made is a salvage vehicle, and other provisions the
149-director deems necessary. Each application for a salvage title shall be
150-accompanied by a fee of $10 and if the application is not made to the
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
202+title has not been issued, shall apply for the required document prior to any
203+further transfer of such vehicle, but in no event, more than 60 days after
204+ownership is acquired.
205+1
206+2
207+3
208+4
209+5
210+6
211+7
212+8
213+9
214+10
215+11
216+12
217+13
218+14
219+15
220+16
221+17
222+18
223+19
224+20
225+21
226+22
227+23
228+24
229+25
230+26
231+27
232+28
233+29
234+30
235+31
236+32
237+33
238+34
239+35
240+36
241+37
242+38
243+39
244+40
245+41
246+42
247+43 SB 97 4
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
251+where such person resides for a new salvage title, in the same manner and
252+under the same condition as for an application for a certificate of title
253+under K.S.A. 8-135, and amendments thereto. Such application shall be in
254+the form prescribed by the director of vehicles and shall contain
255+substantially the same provisions as required for an application under
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
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
153263 thereunder, an additional fee of $2.
154-(8) Failure to apply for a salvage title as provided by this
155-subsection shall be a class C nonperson misdemeanor.
156-(e) A nonhighway certificate of title or salvage title shall be in
157-form and color as prescribed by the director of vehicles. A nonhighway
158-certificate of title or salvage title shall indicate clearly and distinctly on
159-its face that it is issued for a nonhighway vehicle or salvage vehicle,
160-whichever is applicable. A nonhighway certificate of title or salvage
161-title shall contain substantially the same information as required on a
162-certificate of title issued under K.S.A. 8-135, and amendments thereto,
163-and other information the director deems necessary.
264+(8) Failure to apply for a salvage title as provided by this subsection
265+shall be a class C nonperson misdemeanor.
266+(e) A nonhighway certificate of title or salvage title shall be in form
267+and color as prescribed by the director of vehicles. A nonhighway
268+certificate of title or salvage title shall indicate clearly and distinctly on its
269+face that it is issued for a nonhighway vehicle or salvage vehicle,
270+whichever is applicable. A nonhighway certificate of title or salvage title
271+shall contain substantially the same information as required on a certificate
272+of title issued under K.S.A. 8-135, and amendments thereto, and other
273+information the director deems necessary.
164274 (f) (1) A nonhighway certificate of title or salvage title may be
165275 transferred in the same manner and under the same conditions as
166-prescribed by K.S.A. 8-135, and amendments thereto, for the transfer
167-of a certificate of title, except as otherwise provided in this section. A
276+prescribed by K.S.A. 8-135, and amendments thereto, for the transfer of a
277+certificate of title, except as otherwise provided in this section. A
168278 nonhighway certificate of title or salvage title may be assigned and
169279 transferred only while the vehicle remains a nonhighway vehicle or
170280 salvage vehicle.
171-(2) Upon transfer or sale of a nonhighway vehicle in a condition
172-that will allow the registration of such vehicle, the owner shall may
173-assign the nonhighway certificate of title to the purchaser, and the
174-purchaser shall may obtain a certificate of title and register such vehicle
175-as provided in K.S.A. 8-135, and amendments thereto. No regular
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
179-(3) (A) Upon transfer or sale of a salvage vehicle that has been
180-rebuilt or restored or is otherwise in a condition that will allow the
181-registration of such vehicle, the owner shall assign the salvage title to
182-the purchaser, and the purchaser shall obtain a rebuilt salvage title and
183-register such vehicle as provided in K.S.A. 8-135, and amendments
184-thereto. No rebuilt salvage title shall be issued for a vehicle for which
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
187-subsection (f)(3)(B) has been attached to such vehicle.
281+(2) Upon transfer or sale of a nonhighway vehicle in a condition that
282+will allow the registration of such vehicle, the owner shall may assign the
283+nonhighway certificate of title to the purchaser, and the purchaser shall
284+may obtain a certificate of title and register such vehicle as provided in
285+K.S.A. 8-135, and amendments thereto. No regular certificate of title shall
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.
289+(3) (A) Upon transfer or sale of a salvage vehicle that has been rebuilt
290+or restored or is otherwise in a condition that will allow the registration of
291+1
292+2
293+3
294+4
295+5
296+6
297+7
298+8
299+9
300+10
301+11
302+12
303+13
304+14
305+15
306+16
307+17
308+18
309+19
310+20
311+21
312+22
313+23
314+24
315+25
316+26
317+27
318+28
319+29
320+30
321+31
322+32
323+33
324+34
325+35
326+36
327+37
328+38
329+39
330+40
331+41
332+42
333+43 SB 97 5
334+such vehicle, the owner shall assign the salvage title to the purchaser, and
335+the purchaser shall obtain a rebuilt salvage title and register such vehicle
336+as provided in K.S.A. 8-135, and amendments thereto. No rebuilt salvage
337+title shall be issued for a vehicle for which there has been issued a salvage
338+title until there has been compliance with K.S.A. 8-116a, and amendments
339+thereto, and the notice required in subsection (f)(3)(B) has been attached to
340+such vehicle.
188341 (B) As part of the inspection for a rebuilt salvage title conducted
189-under K.S.A. 8-116a, and amendments thereto, the Kansas highway
190-patrol shall attach a notice affixed to the left door frame of the rebuilt
191-salvage vehicle indicating the vehicle identification number of such
192-vehicle and that such vehicle is a rebuilt salvage vehicle. In addition to
193-any fee allowed under K.S.A. 8-116a, and amendments thereto, a fee of
194-$5 shall be collected from the owner of such vehicle requesting the
195-inspection for the notice required under this paragraph. All moneys
196-received under this paragraph shall be remitted in accordance with
197-K.S.A. 8-116a(e), and amendments thereto.
342+under K.S.A. 8-116a, and amendments thereto, the Kansas highway patrol
343+shall attach a notice affixed to the left door frame of the rebuilt salvage
344+vehicle indicating the vehicle identification number of such vehicle and
345+that such vehicle is a rebuilt salvage vehicle. In addition to any fee allowed
346+under K.S.A. 8-116a, and amendments thereto, a fee of $5 shall be
347+collected from the owner of such vehicle requesting the inspection for the
348+notice required under this paragraph. All moneys received under this
349+paragraph shall be remitted in accordance with K.S.A. 8-116a(e), and
350+amendments thereto.
198351 (C) Failure to apply for a rebuilt salvage title as provided by this
199352 paragraph shall be a class C nonperson misdemeanor.
200-(g) The owner of a salvage vehicle that has been issued a salvage
201-title and has been assembled, reconstructed, reconstituted or restored or
353+(g) The owner of a salvage vehicle that has been issued a salvage title
354+and has been assembled, reconstructed, reconstituted or restored or
202355 otherwise placed in an operable condition may make application to the
203356 county treasurer for a permit to operate such vehicle on the highways of
204-this state over the most direct route from the place such salvage vehicle
205-is located to a specified location named on the permit and to return to
206-the original location. No such permit shall be issued for any vehicle
207-unless the owner has motor vehicle liability insurance coverage or an
208-approved self-insurance plan under K.S.A. 40-3104, and amendments
209-thereto. Such permit shall be on a form furnished by the director of
210-vehicles and shall state the date the vehicle is to be taken to the other
211-location, the name of the insurer, as defined in K.S.A. 40-3103, and
212-amendments thereto, and the policy number or a statement that the
213-vehicle is included in a self-insurance plan approved by the
214-commissioner of insurance, a statement attesting to the correctness of
215-the information concerning financial security, the vehicle identification
216-number and a description of the vehicle. Such permit shall be signed by
217-the owner of the vehicle. The permit shall be carried in the vehicle for
218-which it is issued and shall be displayed so that it is visible from the
219-rear of the vehicle. The fee for such permit shall be $1 and shall be
220-retained by the county treasurer.
221-(h) A nonhighway vehicle or salvage vehicle for which a
222-nonhighway certificate of title or salvage title has been issued pursuant
223-to this section shall not be deemed a motor vehicle for the purposes of
224-K.S.A. 40-3101 through 40-3121, and amendments thereto, except
225-when such vehicle is being operated pursuant to subsection (g). Any
226-person who knowingly makes a false statement concerning financial
227-security in obtaining a permit pursuant to subsection (g), or who fails to
228-obtain a permit when required by law to do so is guilty of a class C
229-misdemeanor.
357+this state over the most direct route from the place such salvage vehicle is
358+located to a specified location named on the permit and to return to the
359+original location. No such permit shall be issued for any vehicle unless the
360+owner has motor vehicle liability insurance coverage or an approved self-
361+insurance plan under K.S.A. 40-3104, and amendments thereto. Such
362+permit shall be on a form furnished by the director of vehicles and shall
363+state the date the vehicle is to be taken to the other location, the name of
364+the insurer, as defined in K.S.A. 40-3103, and amendments thereto, and the
365+policy number or a statement that the vehicle is included in a self-
366+insurance plan approved by the commissioner of insurance, a statement
367+attesting to the correctness of the information concerning financial
368+security, the vehicle identification number and a description of the vehicle.
369+Such permit shall be signed by the owner of the vehicle. The permit shall
370+be carried in the vehicle for which it is issued and shall be displayed so
371+that it is visible from the rear of the vehicle. The fee for such permit shall
372+be $1 and shall be retained by the county treasurer.
373+(h) A nonhighway vehicle or salvage vehicle for which a nonhighway
374+certificate of title or salvage title has been issued pursuant to this section
375+shall not be deemed a motor vehicle for the purposes of K.S.A. 40-3101
376+through 40-3121, and amendments thereto, except when such vehicle is
377+1
378+2
379+3
380+4
381+5
382+6
383+7
384+8
385+9
386+10
387+11
388+12
389+13
390+14
391+15
392+16
393+17
394+18
395+19
396+20
397+21
398+22
399+23
400+24
401+25
402+26
403+27
404+28
405+29
406+30
407+31
408+32
409+33
410+34
411+35
412+36
413+37
414+38
415+39
416+40
417+41
418+42
419+43 SB 97 6
420+being operated pursuant to subsection (g). Any person who knowingly
421+makes a false statement concerning financial security in obtaining a permit
422+pursuant to subsection (g), or who fails to obtain a permit when required
423+by law to do so is guilty of a class C misdemeanor.
230424 (i) Any person who, on July 1, 1996, is the owner of an all-terrain
231-vehicle, as defined in K.S.A. 8-126, and amendments thereto, shall not
232-be required to file an application for a nonhighway certificate of title
233-under the provisions of this section for such all-terrain vehicle, unless
234-the person transfers an interest in such all-terrain vehicle.
425+vehicle, as defined in K.S.A. 8-126, and amendments thereto, shall not be
426+required to file an application for a nonhighway certificate of title under
427+the provisions of this section for such all-terrain vehicle, unless the person
428+transfers an interest in such all-terrain vehicle.
235429 (j) Any person who, on July 1, 2006, is the owner of a work-site
236-utility vehicle, as defined in K.S.A. 8-126, and amendments thereto,
237-shall not be required to file an application for a nonhighway certificate SENATE BILL No. 97—page 5
238-of title under the provisions of this section for such work-site utility
239-vehicle, unless the person transfers an interest in such work-site utility
240-vehicle.
241-(k) (1) A salvage vehicle pool, or a salvage vehicle dealer, as both
242-are defined and licensed to operate in this state pursuant to K.S.A. 8-
243-2401 et seq., and amendments thereto, may apply for an ownership
244-document with the division of vehicles without forwarding the
245-certificate of title to the division for a vehicle that is the subject of an
246-insurance claim when:
247-(A) At the request of an insurance company, the salvage vehicle
248-pool or salvage vehicle dealer obtains possession of the vehicle;
430+utility vehicle, as defined in K.S.A. 8-126, and amendments thereto, shall
431+not be required to file an application for a nonhighway certificate of title
432+under the provisions of this section for such work-site utility vehicle,
433+unless the person transfers an interest in such work-site utility vehicle.
434+(k) (1) A salvage vehicle pool, or a salvage vehicle dealer, as both are
435+defined and licensed to operate in this state pursuant to K.S.A. 8-2401 et
436+seq., and amendments thereto, may apply for an ownership document with
437+the division of vehicles without forwarding the certificate of title to the
438+division for a vehicle that is the subject of an insurance claim when:
439+(A) At the request of an insurance company, the salvage vehicle pool
440+or salvage vehicle dealer obtains possession of the vehicle;
249441 (B) the insurance claim for the vehicle has been closed without
250442 payment or denied by the insurance company; and
251-(C) the vehicle has remained unclaimed at the salvage vehicle
252-pool's or salvage vehicle dealer's facility for more than 30 days.
443+(C) the vehicle has remained unclaimed at the salvage vehicle pool's
444+or salvage vehicle dealer's facility for more than 30 days.
253445 (2) An application made pursuant to this subsection shall provide
254446 sufficient evidence that at least two written notices were delivered by
255447 certified mail to the address provided by the division of vehicles'
256448 ownership verification, or through another courier service that provides
257449 proof of delivery, to the owner of the vehicle and any lienholder of the
258450 vehicle identified in the division of vehicles' records requesting that the
259451 vehicle be removed from the salvage vehicle pool's or salvage vehicle
260452 dealer's facility. A salvage vehicle dealer shall also provide sufficient
261-evidence to the division of the request by the insurance company to
262-obtain possession of the vehicle. Such written notice shall specify that
263-the owner of the vehicle and any lienholder of the vehicle identified in
264-the division of vehicles' records has at least 30 days from the receipt of
265-the notice to remove the vehicle. If the salvage vehicle pool or salvage
266-vehicle dealer does not receive proof of delivery for the notices, the
267-salvage vehicle pool or salvage vehicle dealer shall cause notice of the
268-application for an ownership document to be published in a newspaper
269-of general circulation in the county where the vehicle is located.
453+evidence to the division of the request by the insurance company to obtain
454+possession of the vehicle. Such written notice shall specify that the owner
455+of the vehicle and any lienholder of the vehicle identified in the division of
456+vehicles' records has at least 30 days from the receipt of the notice to
457+remove the vehicle. If the salvage vehicle pool or salvage vehicle dealer
458+does not receive proof of delivery for the notices, the salvage vehicle pool
459+or salvage vehicle dealer shall cause notice of the application for an
460+ownership document to be published in a newspaper of general circulation
461+in the county where the vehicle is located.
270462 (3) If the most recent ownership document for the vehicle was not
463+1
464+2
465+3
466+4
467+5
468+6
469+7
470+8
471+9
472+10
473+11
474+12
475+13
476+14
477+15
478+16
479+17
480+18
481+19
482+20
483+21
484+22
485+23
486+24
487+25
488+26
489+27
490+28
491+29
492+30
493+31
494+32
495+33
496+34
497+35
498+36
499+37
500+38
501+39
502+40
503+41
504+42
505+43 SB 97 7
271506 issued by this state, the application shall also include evidence of an
272507 inspection of the vehicle completed pursuant to K.S.A. 8-116a, and
273-amendments thereto. The application shall also indicate whether a
274-salvage title or a nonrepairable vehicle certificate shall be issued for the
275-vehicle.
508+amendments thereto. The application shall also indicate whether a salvage
509+title or a nonrepairable vehicle certificate shall be issued for the vehicle.
276510 (4) Upon receipt of the application and all information required by
277511 this subsection, the division shall issue to the salvage vehicle pool or
278-salvage vehicle dealer a salvage title or a nonrepairable vehicle
279-certificate free and clear of all liens, security interests and
280-encumbrances.
281-Sec. 2. K.S.A. 8-198 is hereby repealed. SENATE BILL No. 97—page 6
282-Sec. 3. This act shall take effect and be in force from and after its
512+salvage vehicle dealer a salvage title or a nonrepairable vehicle certificate
513+free and clear of all liens, security interests and encumbrances.
514+Sec. 2. K.S.A. 2024 Supp. 8-2408 is hereby amended to read as
515+follows: 8-2408. Except as hereinafter provided, every person licensed as a
516+dealer under provisions of this act shall:
517+(a) On or before the
518+
519+25
520+th
521+ day of each month, file a monthly report, on
522+a form prescribed and furnished by the division of vehicles, listing all sales
523+or transfers, except sales or transfers by a first or second stage
524+manufacturer to a vehicle dealer of new or used vehicles, including the
525+name and address of the purchaser or transferee, date of sale, the serial or
526+identification number of the vehicle, and such other information as the
527+division may require.
528+(b) Salvage vehicle dealers, vehicle crusher, vehicle recycler,
529+rebuilder, scrap metal recycler and salvage vehicle pool shall, in addition
530+to their monthly sales report for used vehicles, if applicable, on or before
531+the 25
532+th
533+ day of each month file a monthly report on a form prescribed and
534+furnished by the division, listing all vehicles for which the major
535+component part containing the vehicle identification number or engine
536+number if manufactured prior to 1981, has been disposed of or sold. The
537+certificate of title or transfer certificate for all vehicles listed must
538+accompany the monthly report.
539+(c) Make available during regular business hours to any employee of
540+the division or any member of law enforcement for the purpose of
541+investigation or inspection,:
542+(1) All records concerning vehicles purchased, sold or exchanged
543+during the preceding 12 months, including; and
544+(2) certificates of title on all vehicles owned by the dealership, except
545+those titles:
546+(A) Surrendered pursuant to subsection (b); or
547+(B) for nonhighway vehicles, unless the dealership elects to obtain
548+the title for such vehicles.
549+(d) Whenever a dealer sells or otherwise disposes of such dealer's
550+business, or for any reason suspends or goes out of business as a dealer,
551+such dealer shall notify the division and return the dealer's license and
552+dealer plates, and the division upon receipt of such notice and plates shall
553+cancel the dealer's license, except that such dealer may, upon payment of
554+50% of the annual fee to the division, have the license and dealer plates
555+1
556+2
557+3
558+4
559+5
560+6
561+7
562+8
563+9
564+10
565+11
566+12
567+13
568+14
569+15
570+16
571+17
572+18
573+19
574+20
575+21
576+22
577+23
578+24
579+25
580+26
581+27
582+28
583+29
584+30
585+31
586+32
587+33
588+34
589+35
590+36
591+37
592+38
593+39
594+40
595+41
596+42
597+43 SB 97 8
598+assigned to the purchaser of the business.
599+(e) In addition to the requirements of subsection (a), any dealer
600+paying a commission or fee to a broker shall report to the division, on the
601+monthly sales report, the name of the broker and the broker's license
602+number.
603+(f) Dealers, licensed as brokers must in addition to the requirements
604+of subsection (a) include on the monthly sales reports, the name of the
605+seller, the transferor or dealer that owns the vehicle and whether the seller
606+or the purchaser paid the broker's fee or commission.
607+(g) Lending agencies licensed under this act, which sell two or less
608+repossessed vehicles a month, shall not be required to file the monthly
609+reports under subsection (a), except that such lending agencies shall report
610+annually, on a form prescribed and furnished by the division, the total
611+number of sales or transfers of such vehicles.
612+Sec. 3. K.S.A. 8-198 and K.S.A. 2024 Supp. 8-2408 are hereby
613+repealed.
614+Sec. 4. This act shall take effect and be in force from and after its
283615 publication in the statute book.
284-I hereby certify that the above BILL originated in the
285-SENATE, and passed that body
286-_________________________
287- _________________________
288-President of the Senate.
289-_________________________
290-Secretary of the Senate.
291-
292-Passed the HOUSE ________________________
293- _________________________
294-Speaker of the House.
295-_________________________
296-Chief Clerk of the House.
297-APPROVED ____________________________
298-_________________________
299-Governor.
616+1
617+2
618+3
619+4
620+5
621+6
622+7
623+8
624+9
625+10
626+11
627+12
628+13
629+14
630+15
631+16
632+17
633+18