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SENATE BILL No. 403
AN ACT concerning motor vehicles; relating to license plates; providing for the pheasants
forever and quail forever and delta waterfowl distinctive license plates; restricting the
use of material or objects covering a license plate; relating to the Kansas uniform
commercial drivers' license act; modifying the definition of conviction in the uniform
act; amending K.S.A. 8-133, 8-2,128 and 8-15,110 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) On and after July 1, 2026, any owner or lessee
of one or more passenger vehicles or trucks registered for a gross
weight of 20,000 pounds or less who is a resident of Kansas, upon
compliance with the provisions of this section, may be issued one
license plate authorized by pheasants forever, inc., and established
pursuant to this section for each such passenger vehicle or truck. Such
license plate shall be issued for the same time as other license plates
upon proper registration and payment of the regular license fee as
provided in K.S.A. 8-143, and amendments thereto, and the payment to
the county treasurer of the logo use royalty payment.
(b) Pheasants forever, inc., may authorize the use of the
organization's logos to be affixed on license plates as provided by this
section. Any motor vehicle owner or lessee shall pay an amount of not
less than $25 nor more than $100, as determined by pheasants forever,
inc., as a logo use royalty payment for each such license plate to be
issued. The logo use royalty payment shall be paid to the county
treasurer.
(c) Subject to the approval of the director of vehicles, pheasants
forever, inc., is authorized to establish two new distinctive license
plates. Each such plate shall be subject to the provisions of K.S.A. 8-
1,141, and amendment thereto. The plates are intended to promote:
(1) Pheasants forever; and
(2) quail forever.
(d) Any applicant for a license plate authorized by this section
may make application for such license plate not less than 60 days prior
to such person's renewal of registration date, on a form prescribed and
furnished by the director of vehicles, and any applicant for such license
plate shall pay to the county treasurer the logo use royalty payment.
Application for registration of a passenger vehicle or truck and issuance
of the license plate under this section shall be made by the owner or
lessee in a manner prescribed by the director of vehicles upon forms
furnished by the director.
(e) No registration or license plate issued under this section shall
be transferable to any other person.
(f) The director of vehicles may transfer a pheasants forever inc.,
authorized license plate from a leased vehicle to a purchased vehicle.
(g) Renewals of registration under this section shall be made
annually, upon payment of the fee prescribed in K.S.A. 8-143, and
amendments thereto, and in the manner prescribed in K.S.A. 8-132(b),
and amendments thereto. No renewal of registration shall be made to
any applicant until such applicant provides to the county treasurer the
annual royalty payment. If such annual royalty payment is not made to
the county treasurer, the applicant shall be required to comply with the
provisions of K.S.A. 8-143, and amendments thereto, and return the
license plate to the county treasurer of such person's residence.
(h) Pheasants forever, inc., with the approval of the director of
vehicles, shall design the plates to be issued under the provisions of this
section.
(i) As a condition of receiving the pheasants forever license inc.,
authorized license plate and any subsequent registration renewal of
such license plate, the applicant shall consent to the division
authorizing the division's release of motor vehicle record information,
SENATE BILL No. 403—page 2
including the applicant's name, address, royalty payment amount, plate
number and vehicle type to pheasants forever, inc., and the state
treasurer.
(j) The collection and remittance of annual royalty payments by
the county treasurer shall be subject to the provisions of K.S.A. 8-
1,141(h), and amendments thereto.
New Sec. 2. (a) On and after January 1, 2027, any owner or lessee
of one or more passenger vehicles or trucks registered for a gross
weight of 20,000 pounds or less who is a resident of Kansas, upon
compliance with the provisions of this section, may be issued one delta
waterfowl license plate for each such passenger vehicle or truck. Such
license plate shall be issued for the same time as other license plates
upon proper registration and payment of the regular license fee as
provided in K.S.A. 8-143, and amendments thereto, and the payment to
the county treasurer of the logo use royalty payment.
(b) The board of directors of delta waterfowl may authorize the
use of the organization's logo to be affixed on license plates as provided
by this section. Any motor vehicle owner or lessee shall pay an amount
of not less than $25 nor more than $100, as determined by the board of
directors of delta waterfowl, as a logo use royalty payment for each
such license plate to be issued. The logo use royalty payment shall be
paid to the county treasurer.
(c) Any applicant for a license plate authorized by this section
may make application for such license plate not less than 60 days prior
to such person's renewal of registration date, on a form prescribed and
furnished by the director of vehicles, and any applicant for such license
plate shall pay to the county treasurer the logo use royalty payment.
Application for registration of a passenger vehicle or truck and issuance
of the license plate under this section shall be made by the owner or
lessee in a manner prescribed by the director of vehicles upon forms
furnished by the director.
(d) No registration or license plate issued under this section shall
be transferable to any other person.
(e) The director of vehicles may transfer a delta waterfowl license
plate from a leased vehicle to a purchased vehicle.
(f) Renewals of registration under this section shall be made
annually, upon payment of the fee prescribed in K.S.A. 8-143, and
amendments thereto, and in the manner prescribed in K.S.A. 8-132(b),
and amendments thereto. No renewal of registration shall be made to
any applicant until such applicant provides to the county treasurer the
annual royalty payment. If such annual royalty payment is not made to
the county treasurer, the applicant shall be required to comply with the
provisions of K.S.A. 8-143, and amendments thereto, and return the
license plate to the county treasurer of such person's residence.
(g) The board of directors of delta waterfowl, with the approval of
the director of vehicles, shall design a plate to be issued under the
provisions of this section.
(h) As a condition of receiving the delta waterfowl license plate
and any subsequent registration renewal of such license plate, the
applicant shall consent to the division authorizing the division's release
of motor vehicle record information, including the applicant's name,
address, royalty payment amount, plate number and vehicle type to the
board of directors of delta waterfowl and the state treasurer.
(j) The collection and remittance of annual royalty payments by
the county treasurer shall be subject to the provisions of K.S.A. 8-
1,141(h), and amendments thereto, except that payments from the delta
waterfowl license plate royalty fund shall be made on a monthly basis
to the delta waterfowl foundation.
Sec. 3. K.S.A. 8-133 is hereby amended to read as follows: 8-133.
SENATE BILL No. 403—page 3
(a) The license plate assigned to the vehicle shall be attached to the rear
of the vehicle and shall be displayed during the current registration year
or years. Except as otherwise provided in subsection (b), a Kansas
registered vehicle shall not have a license plate attached to the front of
the vehicle.
(b) The following classes of vehicles shall attach a license plate in
the location or locations specifically stated:
(1) The license plate issued for a truck tractor shall be attached to
the front of the truck tractor;
(2) a model year license plate issued for an antique vehicle, in
accordance with K.S.A. 8-172, and amendments thereto, may be
attached to the front of the antique vehicle;
(3) a personalized license plate issued to a passenger vehicle or
truck pursuant to K.S.A. 8-132(c), and amendments thereto, may be
attached to the front of the passenger vehicle or truck;
(4) the license plate issued for a motor vehicle used as a concrete
mixer truck may be attached to either the front or rear of the vehicle;
and
(5) the license plate issued for a motor vehicle used as a dump
truck with a gross weight of 26,000 pounds or more shall be attached to
the front of the vehicle. The provisions of this paragraph shall not apply
to such vehicle if such vehicle is registered as a farm truck.
(c) Every license plate shall at all times be securely fastened to the
vehicle to which it is assigned, to prevent the plate from swinging, and
at a height not less than 12 inches from the ground, measuring from the
bottom of such plate. The license plate shall be fastened in a place and
position to be clearly visible, and shall be maintained free from foreign
materials and in a condition to be clearly legible.
(d) During any period in which the construction of license plates
has been suspended pursuant to the provisions of K.S.A. 8-132, and
amendments thereto, the plate, tag, token, marker or sign assigned to
such vehicle shall be attached to and displayed on such vehicle in such
place, position, manner and condition as shall be prescribed by the
director of vehicles.
(e) A law enforcement officer shall issue a warning citation to
anyone violating the provisions of subsection (b)(5). The provisions of
this subsection shall expire and have no effect on and after January 1,
2022.
Sec. 4. K.S.A. 8-2,128 is hereby amended to read as follows: 8-
2,128. As used in this act:
(a) "Alcohol" means any substance containing any form of
alcohol, including, but not limited to, ethanol, methanol, propanol and
isopropanol;
(b) "alcohol concentration" means:
(1) The number of grams of alcohol per 100 milliliters of blood; or
(2) the number of grams of alcohol per 210 liters of breath;
(c) "commercial driver's license" means a commercial license
issued pursuant to K.S.A. 8-234b, and amendments thereto;
(d) "commercial driver license system" means the information
system established pursuant to the commercial motor vehicle safety act
of 1986 to serve as a clearinghouse for locating information related to
the licensing and identification of commercial motor vehicle drivers;
(e) "instruction permit" means a permit issued pursuant to K.S.A.
8-294, and amendments thereto;
(f) "commercial motor vehicle" means a motor vehicle designed or
used to transport passengers or property, if:
(1) The vehicle has a gross vehicle weight rating of 26,001 or
more pounds or such lesser rating, as determined by rules and
regulations adopted by the secretary, but shall not be more restrictive
SENATE BILL No. 403—page 4
than the federal regulation;
(2) the vehicle is designed to transport 16 or more passengers,
including the driver; or
(3) the vehicle is transporting hazardous materials and is required
to be placarded in accordance with 49 C.F.R. § 172, subpart F;
(g) "controlled substance" means any substance so classified
under K.S.A. 21-5701, and amendments thereto;
(h) "conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply with the
law and in a court of original jurisdiction or an administrative
proceeding, an unvacated forfeiture of bail or collateral deposited to
secure the person's appearance in court, a plea of guilty or nolo
contendere accepted by the court, the payment of a fine or court cost, or
violation of a condition of release without bail, regardless of whether
the penalty is rebated, suspended or probated;
(i) "disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a commercial
driver's license by the state or jurisdiction of issuance;
(2) any withdrawal of a person's privileges to drive a commercial
motor vehicle by a state or other jurisdiction as the result of a violation
of state or local law relating to motor vehicle traffic control, other than
parking, vehicle weight or vehicle defect violations;
(3) a determination by the federal motor carrier safety
administration that a person is not qualified to operate a commercial
motor vehicle under 49 C.F.R. § 391;
(j) "drive" means to drive, operate or be in physical control of a
motor vehicle in any place open to the general public for purposes of
vehicular traffic. For purposes of K.S.A. 8-2,137, 8-2,138, 8-2,142, 8-
2,144 and 8-2,145, and amendments thereto, "drive" includes operation
or physical control of a motor vehicle anywhere in the state;
(k) "driver" means any person who drives, operates or is in
physical control of a commercial motor vehicle, in any place open to
the general public for purposes of vehicular traffic, or who is required
to hold a commercial driver's license;
(l) "driver's license" means any driver's license or any other
license or permit to operate a motor vehicle issued under, or granted by,
the laws of this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or
not such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a
state or a political subdivision of a state, who owns or leases a
commercial motor vehicle or assigns a person to drive a commercial
motor vehicle;
(n) "endorsement" means an authorization to an individual's
commercial driver's license required to permit the individual to operate
certain types of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is
punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the
manufacturer as the maximum loaded weight of a single or a
combination (articulated) vehicle. The gross vehicle weight rating of a
combination (articulated) vehicle (commonly referred to as the "gross
combination weight rating") is the gross vehicle weight rating of the
power unit plus the gross vehicle weight rating of the towed unit or
units;
(q) "hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. § 5103 and is required to be
SENATE BILL No. 403—page 5
placarded under subpart F of 49 C.F.R. part 172 or any quantity of a
material listed as a select agent or toxin in 42 C.F.R. part 73;
(r) "motor vehicle" means every vehicle which that is self-
propelled, and every vehicle which that is propelled by electric power
obtained from overhead trolley wires but not operated upon rails,
except vehicles moved solely by human power and motorized wheel
chairs;
(s) "out-of-service order" means a temporary prohibition against
driving a commercial motor vehicle , which that is imposed when a
driver has any measured or detected alcohol concentration while on
duty, or operating, or in physical control of a commercial motor vehicle
or a declaration by an authorized enforcement officer of a federal, state,
Canadian, Mexican or local jurisdiction that a driver, a commercial
motor vehicle or a motor carrier operation, is out-of- service pursuant to
49 C.F.R. part 386.72, 392.5, 395.13, 396.9 or such compatible laws, or
the North American out-of-service criteria;
(t) "residence" means the place which that is adopted by a person
as the person's place of habitation and to which where, whenever the
person is absent, the person has the intention of returning. When a
person eats at one place and sleeps at another, the place where the
person sleeps shall be considered the person's residence;
(u) "secretary" means the secretary of the Kansas department of
revenue;
(v) "serious traffic violation" means:
(1) Excessive speeding, which is defined as 15 miles per hour or
more over the posted speed limit;
(2) reckless driving, as defined under K.S.A. 8-1566, and
amendments thereto;
(3) a violation of any state or local law relating to motor vehicle
traffic control, other than a parking violation, arising in connection with
an accident or collision resulting in death to any person;
(4) changing lanes of traffic illegally or erratically, as defined
under K.S.A. 8-1548, and amendments thereto;
(5) following another vehicle too closely, as defined under K.S.A.
8-1523, and amendments thereto;
(6) a violation of subsection (a) of K.S.A. 8-2,132, and
amendments thereto; or
(7) any other violation of a state or local law relating to motor
vehicle traffic control, other than a parking violation, which that the
secretary determines by rule and regulation to be serious;
(w) "state" means a state of the United States and the District of
Columbia;
(x) "state of domicile" means that state where a person has such
person's true, fixed and permanent home and principal residence and to
which where such person has the intention of returning whenever such
person is absent;
(y) "tank vehicle" means a tank vehicle, as defined in 49 C.F.R. §
383.5, as in effect on the date of this act or such later version as
adopted by rules and regulations of the secretary pursuant to K.S.A. 8-
2,140, and amendments thereto;
(z) "United States" means the 50 states and the District of
Columbia;
(aa) "division" means the division of vehicles of the Kansas
department of revenue;
(bb) "director" means the director of the division of vehicles of the
Kansas department of revenue;
(cc) "foreign country" means any jurisdiction other than the
United States;
(dd) "nonresident commercial driver's license" means a license
SENATE BILL No. 403—page 6
issued pursuant to K.S.A. 8-2,148, and amendments thereto;
(ee) "fatality" means the death of a person as a result of a motor
vehicle accident;
(ff) "noncommercial motor vehicle" means a motor vehicle or
combination of motor vehicles not defined by the term commercial
motor vehicle in subsection (f); and
(gg) "school bus" means a commercial motor vehicle used to
transport preprimary, primary or secondary school students from home
to school, from school to home or to and from school-sponsored events.
"School bus" does not include a bus used as a common carrier.
Sec. 5. K.S.A. 8-15,110 is hereby amended to read as follows: 8-
15,110. (a) It shall be unlawful for any person to attach and or display
on any vehicle, or to operate a vehicle with, a license plate, as required
under article 1 of chapter 8 of the Kansas Statutes Annotated, and
amendments thereto:
(1) Which is covered, in whole or in part, with any clear or opaque
material or any other plastic-like material that affects the plate's
visibility or reflectivity; or
(2) with any frame or other object on or around the plate affecting
the visibility or legibility as required in subsection (b).
(b) Every license plate shall at all times be securely fastened to
the vehicle to which it is assigned, to prevent the plate from swinging,
and at a height not less than 12 inches from the ground, measuring
from the bottom of such plate. The license plate shall be fastened in a
place and position to be clearly visible, and shall be maintained free
from foreign materials and in a condition to be clearly legible.
(c) As used in this section, "clearly legible," "clearly visible,"
"legibility" or "visibility" means the ability to determine the
alphanumeric registration number assigned, the state of issue, the
month of expiration on the registration decal, the color of the
registration decal and any other required decal from a reasonably safe
distance. "Clearly legible," "clearly visible," "legibility" or "visibility"
does not include the ability to determine the abbreviated state
designation on the registration decal, the expiration year on the
registration decal and plate number on the registration decal.
(d) A law enforcement officer shall issue a warning citation to
anyone violating the provisions of subsection (a)(2). The provisions of
this subsection shall expire and have no effect on and after January 1,
2027.
(e) This section shall be a part of and supplemental to the uniform
act regulating traffic on highways.
Sec. 6. K.S.A. 8-133, 8-2,128 and 8-15,110 are hereby repealed.
SENATE BILL No. 403—page 7
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.