Kansas Attorney General Opinion 1992-050

ROBERT T. STEPHAN
ATTORNEY GENERAL April 13, 1992
ATTORNEY GENERAL OPINION NO. 92- 50
Richard N. Raleigh
Barber County Attorney
Box 248
Medicine Lodge, Kansas 67104
Re: Automobiles and Other Vehicles--General Provisions;
Registration of Vehicles- -Application for
Registration; County of Registration
Synopsis: K.S.A. 8-129(a) provides to persons required to
register in this state a possible option as to the
county in this state with which the person may
register. It does not authorize registration of
Kansas residents' vehicles in other states where
they have places of business. Cited herein:
K.S.A. 8-127; 8 - 129; 8 - 138a; 8-1,138.
Dear Mr. Raleigh:
You request our opinion regarding K.S.A. 8-129. Specifically
you inquire whether subsection (a)(2) of that statute
authorizes Kansas residents to register their vehicles in
another state if the owner has a bona fide place of business
in that state and if the vehicles are garaged in the other
state for a period exceeding 90 days.
K.S.A. 8 - 127(a) requires registration in this state of every
motor vehicle intended to be used in this state "whether [the]
owner is a resident of this state or another state, or such
motor vehicle . . . is based in this state or another state

. . . except as otherwise provided by law. . . ." K.S.A.
8-138a provides an exception from registration for nonresident
owners of passenger vehicles which are duly registered in the
owner's state of residence, if the state of residence grants
reciprocal privileges to residents of this state. K.S.A.
8-1,138 defines residency for purposes of these statutes.
According to its legislative history, the main thrust of
enacting K.S.A. 8-1,138 was to eliminate a loophole which
allowed Kansas residents to register their vehicles in other
states. See Report to the 1990 Legislature, Proposal No.
54, p. 721 (November 1989); Minutes, Senate Committee on
Transportation and Utilities, March 23, 1990; Attorney General
Opinion No. 90 - 116. In view of these provisions, we do not
believe K.S.A. 8-129(a) can be read to allow Kansas residents
to register vehicles in another state solely because they have
a place of business in that other state.
In conclusion, K.S.A. 8-129(a) provides to persons required to
register in this state a possible option as to the county in
this state with which the person may register. It does not
authorize registration of Kansas residents' vehicles in other
states where they have places of business.
Very truly yours,
ROBERT T. STEPHAN
Attorney General of Kansas
Julene L. Miller
Deputy Attorney General
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