Chapter 17-10 MOTOR VEHICLE REGISTRATION AND TITLES

CHAPTER 17-10
MOTOR VEHICLE REGISTRATION AND TITLES

This Chapter of Prairie Band of Potawatomi Code is enacted by the Prairie Band of Potawatomi to provide for the establishment of standards for the registration of motor vehicles, the issuance of certificates of title for conveyance of ownership, and any subsequent transfer of title, the establishment of lawful regulation for the operation of motor vehicle and other related purposes.

17-10-1 Purpose.

(A) The Prairie Band Potawatomi Indian Tribe, under its inherent sovereign powers since the creation of its Reservation, has controlled the access and presence of persons to and on its Reservation territory. An increasing number of tribal members are seeking to reside on the Reservation, and an increasing number of motor vehicles are being used by Indian and non-Indian persons to enter the Reservation territory in order to engage in gaming and other activities with Tribal enterprises or members. This has greatly increased the amount of motor vehicle traffic on the Reservation.

The Prairie Band Tribal Council of the Prairie Band of Potawatomi Nation finds that the issuance of motor vehicle license plates and registration title certificates within the boundaries of the Reservation is necessary in order for the Tribe to be able to control and regulate the ever-increasing amount of motor vehicle traffic on the Reservation. Pursuant to the inherent powers of the Prairie Band to exercise civil regulatory authority in such matters and pursuant to the authorities in Article I, Article II, Section 1, Article V, Section 1 (a), (f), (g), (i), (m), (p) and (r) of the Constitution of the Prairie Band of Potawatomi, the Prairie Band of Potawatomi Tribal Council has enacted this Prairie Band of Potawatomi Motor Vehicle Registration and Title Ordinance to regulate motor vehicle traffic, licensing and titling within the boundaries of its Reservation.

It is also the purpose of the Nation in enacting this Chapter to provide for the orderly registration and licensing of vehicles owned by tribal members and located on the public roads and highways of the Nation’s reservation, to assist law enforcement in identifying the owners of such vehicles, to prevent fraudulent transfers, theft, conversion, or other wrongful transactions or use of vehicles, to provide positive identification of vehicles within the service area in cases of emergency, to provide revenue to the Nation through taxation and the levying of fees and charges for the privilege of operating vehicles within the service area, to allow for the orderly transfer of title and other commercial transactions involving vehicles, including the giving of security to secure loans or other advances, and for other purposes.

(B) Application. The provisions of this chapter shall apply to vehicle owners who are enrolled members of the Prairie Band of Potawatomi Tribe and who reside within the boundaries of the Potawatomi Reservation, and to vehicles owned and operated by the governing body of the Prairie Band of Potawatomi. All vehicles owned in full or in part by an enrolled member who resides on the reservation are required to have a tribal registration and tribal certificate of title.

(Amended by PBP TC No. 2004-060, April 8, 2004)

17-10-2 Definitions.

In this chapter the following words and phrases have the designated meanings unless a different meaning is expressly provided or the content clearly indicates a different meaning.

(A) Court means the Potawatomi Tribal Court or any other court having jurisdiction over matters that arise from the application of this chapter.

(B) Prairie Band means Prairie Band of Potawatomi.

(C) Potawatomi Reservation or Reservation means all lands within the exterior boundaries of the Prairie Band of Potawatomi Indian Reservation.

(D) Manufacturer means every person engaged in the business of constructing or assembling vehicles of a type for which a certificate of title is required hereunder.

(E) Manufacturer’s or Importer’s Certificate of Origin means a certificate over the authorized signature of the manufacturer or importer of a vehicle, describing and identifying the vehicle, giving the name and address of the person to whom the vehicle is first sold by the manufacturer or importer, and containing assignments, duly executed, assigning the same to an applicant for a certificate of title on the vehicle on the Prairie Band of Potawatomi.

(F) Mobile Home means a vehicle designated to be towed as a single unit or in sections upon the highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction.

(G) Owner means a person, other than a secured party, having the property in or title to a vehicle. This term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. An Owner also means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.

(H) Register means the act of assigning a registration plate and validation sticker (s) to a vehicle, and to renew the same.

(I) Registrar means the duly appointed Registrar of Motor Vehicles of the Prairie Band of Potawatomi and any designees of the Registrar.

(J) Secured Party means a lender, seller or other person to whom accounts or chattel paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreement or the like are represented by a trustee or other person, the representative is the secured party having an interest in the vehicle.

(K) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway or roadway.

(L) For the purpose of effectuating the terms of this chapter, any terms not defined herein shall have the meanings given to them in the statutes of the State of Kansas, as amended for time to time, except where the context otherwise indicates or requires.

(Amended by PBP TC No. 99-97, July 2, 1999)

17-10-3 Application; Process; Forms.

Application for original registration and for renewal of registration shall be made to the Registrar of Motor Vehicles of the Prairie Band of Potawatomi upon forms prescribed by the Registrar and shall be accompanied by the required fee.

(A) Required Information. Applications for original registration of a vehicle shall contain the following information:

(1) The name of the owner.

(2) The address of the owner.

(3) A description of the vehicle, including make, model, identifying number and any other information which the Prairie Band may reasonably require for the proper identification of the vehicle.

(4) Such further information as the Registrar may reasonably require to determine whether the vehicle is by law entitled to registration or to determine the proper registration fee for the vehicle.

(5) Proof of liability insurance. The Registrar shall conduct periodic insurance checks on any vehicles registered under the jurisdiction of the Band. Any such checks shall be random in nature and occur 60 days after the issuance of license plates. Proper proof of liability insurance must be within the motor vehicle at all times and must be assessable and provided to any Law Enforcement officer upon proper request for same.

(B) Application by Person under the age of 18. If the applicant for a certificate of registration is under 18 years of age, the application shall be accompanied by a statement made and signed by the applicant’s father or mother if he or she has custody of the applicant; or if neither parent has custody, then by the person or guardian having such custody, stating that the applicant has the consent of such person or guardian to register such vehicle in the applicant’s name. The signature of such statement shall not impute any liability for the negligence or misconduct of the applicant while operating such motor vehicle on the highways. Any person who violates this section may be fined not more than $500.00 or required to perform community service in lieu of all or part of the fine at the rate of the minimum wage, or both.

(C) Vehicle Inspections. The Registrar shall cause the inspection of motor vehicles subject to registration under this chapter. These inspections shall be conducted in accordance with the generally accepted inspection practices commonly utilized by other jurisdictions in the United States, and in accordance with applicable policies of the American Association of Motor Vehicle Administrators.

(1) Identification and recording of the individual who brought the vehicle for inspection, including examination of photo identification, and recording of such additional information as the Tribal Police may require, including at least the name and current address of the owner, the class, body type, make and year of vehicle, the date of inspection, the VIN number, defects by category, name of inspector and the mileage or odometer reading.

(2) Matching and inspection of VIN as shown on the current certificate of title or certificate of origin, if applicable, and on the vehicle’s public VIN plate and EPA sticker VIN. Inspection of VINs on the vehicle for signs of alteration, tampering, defacing, removal or switching.

(3) Processing of all VINs identified for the vehicle through an NCIC check to determine if all or part of the vehicle was stolen. Physical examination of the vehicle to determine if there are indications of stolen parts.

(4) Verification of the odometer reading, including a comparison of the reading to the odometer statement on the title.

The Tribal Police may notify the Kansas Highway Patrol in the event it appears that a VIN may have been destroyed, removed, altered or defaced or there are other particular circumstances warranting such notification, including possible criminal offenses such as the theft of all or part of a vehicle. The inspection shall cover parts of the vehicle having substantial relation to safe vehicle performance. If during the inspection it is evident that the vehicle has a safety defect, the defect shall be corrected before the vehicle is registered.

(D) Salvage or non-highway registrations or titles shall not be issued by the Nation or used by the Registrar as a basis for issuing regular tribal registrations or titles.

(E) The Registrar may utilize validation stickers to be attached to registration plates to indicate registration expiration dates or other appropriate information.

(Amended by PBP TC Resolution No. 2002-046, March 27, 2002; amended by PBP TC No. 2002-082, June 18, 2002; amended by PBP TC No 2004-004, January 8, 2004)

17-10-4 Grounds for Refusing Registration.

The Registrar shall refuse registration of a vehicle under the following circumstances:

(A) No registration shall be issued unless the applicant is residing or domiciled within the boundaries of the Potawatomi Reservation;

(B) The required fee has not been paid;

(C) The applicant has failed to furnish the information or documents required by the Prairie Band of Potawatomi pursuant to this chapter;

(D) Because certificate of title is a prerequisite to registration of the vehicle, the applicant does not hold a valid certificate of title and is not entitled to the issuance of a certificate of title;

(E) The applicant has had his or her registration suspended or revoked in accordance with Section X-17 and such suspension or revocation is still in effect; or

(F) Applicant has not provided proof of liability insurance.

17-10-5 Vehicles Exempt from Registration.

A vehicle, even though operated upon roads within the boundaries of this Reservation, is exempt for registration when such vehicle:

(A) Is operated in accordance with any other specific tribal laws exempting nonresident or foreign-registered vehicles from registering;

(B) Is an implement of husbandry used exclusively in or incidental to agricultural operations, not to include trucks;

(D) Is a forklift truck, a specially constructed road or truck tractor used for shunting trailers or semitrailers in terminal areas.

(E) Is a trailer or semitrailer not operated in conjunction with a motor vehicle;

(F) Is a motor vehicle being towed;

(G) Is a piece of road machinery;

(H) Is a motor truck which is operated upon a highway only when directly crossing such highway; or

(I) Is a motor vehicle currently registered in another Jurisdiction and not required to be registered with the Prairie Band Potawatomi under §17-10-1(B). This exemption shall apply only to the extent that the other Jurisdiction provides the same privileges and recognition for the tags and titles issued by the Prairie Band Potawatomi Nation.

(Amended by PBP TC No. 99-97, July 2, 1999; amended by PBP TC No. 2004-060, April 8, 2004)

17-10-6 30-day Permit; Temporary Registration Certificate.

A vehicle may be operated by a private person after the date of purchase of such vehicle by such private person, or after the date such person moved to this reservation or lands subject to the jurisdiction of the Band, once the person has obtained a temporary 30-day registration certificate from the Registrar. The owner shall make application upon forms prescribed by the Registrar and remit the required fee of $5.00. All temporary certificates shall be affixed to the interior rear window of the vehicle, on the driver’s side of the car and in a position as not to obstruct the rear-view of any driver. The Registrar shall issue no other temporary registration certificate upon expiration of the first 30-day permit.

17-10-7 Penalty for operating Unregistered of Improperly Registered Vehicle(s).

It is unlawful for any person to operate or for an owner to consent to being operated on any roads within the boundaries of the Potawatomi Reservation, any motor vehicle, trailer, or semitrailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered with the Potawatomi Reservation or is exempt from registration.

(A) All vehicles subject to renewal of registration may be operated provided that application of re-registration has been made.

(B) Any person violating this Section may be fined by the Court not less than $5.00 and not more than $50.00 or given the same in equivalent community service, or both. In addition to imposing the penalty, the Court shall order the offender to make application for registration or re-registration and to pay the fee thereof. The Court is hereby authorized to establish a bail and a bail forfeiture penalty schedule for offenses under this ordinance.

(C) If upon order of the Court to register or re-register a vehicle, the owner fails to comply, the Court shall have the power to order any Law Enforcement Officer of the Band to seize and impound any unregistered or unlawfully registered vehicle and to hold the same until such time as the owner complies with the provisions of this chapter. All costs incurred in the holding after seizure by order of the Court shall be the responsibility of the owner of the vehicle. Any vehicle held, under seizure order of the Court, shall be sold at public auction to the highest bidder, including all costs incurred, after thirty (30) days from the date of seizure. The owner of the vehicle shall have the right to petition the Court to halt any public auction of the said vehicle at any time prior to the sale. The Registrar shall have the right to reject any and all bids received which are less than the appraised value of the vehicle. All proceeds derived from the sale of the vehicle, less all cost incurred by the Band, including Court fines and costs, shall become the property of the legal owner. If, in the event the sale does not realize sufficient proceeds to pay off any security interest, the owner prior to auction shall be obligated to the secured party for any balance remaining. The secured party shall have the right to be listed as a secured party on any other certificate of title for a vehicle registered in the Band and owned by the person prior to the auction. Nothing herein shall limit the rights of any secured party in any vehicle registered with the Prairie Band of Potawatomi.

17-10-8 Removal of Registration.

Applications for removal of registration shall contain the information required in Section 3 for application or such parts thereof as the Registrar deems necessary to assure the proper registration of the vehicle.

17-10-9 Design, Procurement and Issuance of Registration Plates.

(A) The Band shall determine the size, color, and design of registration plate provided the plate contains visible evidence of the period for which the vehicle is registered, as well as being a means of identifying the specific vehicle or owner that the plates were issued to.

The Registrar upon registering a vehicle pursuant to this chapter shall issue and deliver prepaid to the applicant a registration plate for each automobile, motor truck, motor bus, school bus or self-propelled mobile home registered.

The Registrar upon registering a trailer or motorcycle pursuant to this chapter shall issue and deliver prepaid to the applicant one registration plate.

All registration plates shall have displayed upon them the following:

(1) The registration number or letter assigned to the vehicle or owner.

(2) The name “Prairie Band of Potawatomi” or an abbreviation thereof.

(3) An indication of the period for which the specific plate is issued or the date of expiration of registration.

(4) All registration plates issued shall be treated with a reflective material and be otherwise designed to make them legible.

(B) Issuance of Replacement or Duplicate Plates. Whenever a current registration plate is illegible, lost or destroyed, the owner of the vehicle shall immediately apply to the Registrar for replacement. Upon satisfactory proof of the loss or destruction of the plate and upon payment of a fee of $5.00 and the cost of replacement, the Registrar shall issue a replacement.

Upon receipt of a replacement plate, the applicant shall forthwith surrender to the Registrar the illegible plates.

When issuing a replacement plate, the Registrar may assign a new number and issue a new plate rather than a duplicate of the original if in the Registrar’s judgment that is in the best interest of economy or prevention of fraud. In such event, the person receiving the replacement plate shall surrender the original plate.

(C) Fine for Failure to Surrender Illegible Plate. Any person issued a replacement plate who fails to surrender his or her illegible plate as required above may be required to pay a fine of not less than $5.00 and not more than $500.00.

(D) Disposition of Plate Upon Sale Of Vehicle. Registration plates shall remain with the owner upon sale or disposal of the vehicle.

(E) Transfer of Registration Plate. Registration plate may be transferred upon application as prescribed in Section 3, including additional information as the Registrar may deem necessary, and upon payment of transfer fees and any additional registration fees. Transfer of staggered registration may require a pro-rating of registration fees at 1/12th the total cost of registration for the remaining portion of previous registration, with a credit allowed for the unused portion of previous registration.

17-10-10 Display of Registration Plate.

Plat issued to an automobile, motor truck, motor bus, school bus or self-propelled mobile home shall be attached firmly and rigidly in a horizontal position, one to the rear of the vehicle. Plate issued to a trailer or motorcycle shall be attached firmly and rigidly in a horizontal position to the rear of said trailer or motorcycle. The plate shall at all times be maintained in a legible condition and shall be so displayed that they can be readily and distinctly seen and read. Any peace officer may require the operator of any vehicle on which plate is not properly displayed to display such plate as required by this section.

(A) Fines for Improper Display of Registration Plate. Any of the following may result in a fine of not less than $50.00 and not more than $500.00 for each occasion:

(1) A person who operates a vehicle for which current registration plate or validation sticker have been issued without such plate or tag being attached to the vehicle.

(2) A person who operates a vehicle with a registration plate attached in an non-rigid or non-horizontal manner or in an inconspicuous place so as to make it difficult to see and read the plate; or

(3) A person who operates a vehicle with a registration plate in an illegible condition due to the accumulation of dirt or other foreign matter as the deterioration or mutilation of the plate.

(Amended by PBP TC No. 2002-082, June 18, 2002)

17-10-11 Annual Registration Fees.

A registration fee as herein set forth shall be paid for all motor vehicles, not exempted by Section 5, using the public streets or roads within the boundaries of the Potawatomi Reservation for each calendar year on the following basis:

Prairie Band of Potawatomi government owned vehicles shall be exempt from all fees imposed by this chapter. All other vehicles shall be assessed a $20 fee for registration, renewal or transfer of registration.

(A) Additional Fees. The following additional charges must be included when computing registration costs:

(1) $20.00 Late Transfer Penalty for all vehicles that are registered more than thirty (30) days after purchase.

(2) 1/12 of the annual registration fee for every month or part thereof that registration renewal is late.

(B) Other Fees.

(1) Duplicate Validation Sticker – $2.50 (each).

(2) Duplicate Registration Renewal Card – $2.00.

(3) Duplicate Registration Certificate – $2.00.

(4) Duplicate Registration Plate(s) – $5.00, plus the cost of replacement.

(C) Motorcycle Registration Fee. A registration fee as herein set forth shall be paid for all nonexempt motorcycles using the public streets and roadways within the boundaries of the Potawatomi Reservation on the following basis:

(1) $10.00 registration fee for each calendar year shall be paid for all motorcycles.

(D) Trailer Registration Fee. A registration fee as herein set forth shall be paid for all nonexempt trailers drawn upon the public streets and roadways within the boundaries of the Potawatomi Reservation.

(1) $10.00 per calendar year shall be paid for all two-wheel utility and recreational trailers with a gross weight of less than 1,500 pounds.

(2) $20.00 per calendar year shall be paid for all other two-axle trailers with a gross weight of more than 1,500 pounds, but less than 25,000 pounds.

17-10-12 Refundable Fees.

The Prairie Band of Potawatomi shall not refund a fee paid to it except when expressly authorized or directed by this Section.

(A) The Potawatomi Registrar shall refund the unused portion of the registration fee paid for the registration of a vehicle upon application for such refund upon a form prescribed by the Registrar and upon furnishing of such proof as the Registrar may require that the vehicle will not be operated within the boundaries of the Potawatomi Reservation during the remainder of the period for which the vehicle is registered, and return to the Prairie Band of Potawatomi the certificate of registration and registration plates. The refund shall be computed on a monthly basis, one-twelfth of the annual registration fee for each calendar month or fraction thereof, during which the motor vehicle will not be used on any road within the boundaries of the Potawatomi Reservation.

17-10-13 Contents, Issuance and Display of Certificates of Registration; Issuance of Duplicate Certificate.

The Registrar upon registering a vehicle shall issue and deliver to the owner a certificate of registration. The certificate shall contain the name and address of the owner, a brief description of the vehicle, the registration number assigned and the date of expiration of registration. The certificate shall be in such form and may contain such additional information as the Registrar deems advisable. A Vehicle Seller’s Report of Sale form shall be on the reverse side of the Certificate of Registration, as required by Section 24.

(A) The Registrar shall issue a duplicate certificate of registration upon application thereof by any person in whose name the vehicle is registered and upon payment of a fee of $2.00.

17-10-14 Fraudulent Application for Registration or License.

A person who with fraudulent intent uses a false or fictitious name or address, or makes a materially false statement, or fails to disclose a security interests, or conceals any other material fact in an application for a certificate of title or submits a false, forged, or fictitious document in support of an application for a certificate of title, shall be guilty of fraud and may be sentenced to a fine of not less than $50.00 and not more than $500.00 or six months in jail.

(A) Violations/Penalties. A person is in violation of the provisions of this chapter and shall be guilty of fraudulent practices involving the registration and titling of a motor vehicle and upon conviction sentenced to a fine of not less than $50.00 and not more than $500.00 or six months in jail, as follows:

(1) who with fraudulent intent permits another, not entitled thereto, to use or have possession of a certificate of title;

(2) who willfully fails to mail or deliver a certificate of title to the Registrar of Motor Vehicles within ten days after legal sale or transfer of interest;

(3) who commits fraud in any application for a certificate of title;

(4) who fails to notify the Registrar of Motor Vehicles or his or her designee of any fact required by the provisions of this chapter;

(5) who willfully violates any provisions of this chapter; or

(6) except as part of an official government function, who destroys, removes, alters or defaces a VIN on a vehicle or who sells, barters, exchanges or knowingly owns or possesses a vehicle the VIN of which has been destroyed, removed, altered or defaced. The Tribal Police shall seize any such vehicle for which a VIN has been destroyed, removed, altered or defaced.

(B) Odometer Reading. A person who knowingly tampers with or alters a motor vehicle odometer reading, or causes another person to alter or tamper with a motor vehicle odometer reading, shall be guilty and sentenced to a fine of not less than $200.00 and not more than $500.00 or six months in jail.

(Amended by PBP TC No. 2002-082, June 18, 2002)

17-10-15 Improper Use of Registration.

Any person who does any of the following may be fined $25.00 and not more than $300.00:

(A) Lends to another a registration plate, knowing that the person borrowing the plate is not authorized by law to use it;

(B) Displays upon a vehicle a registration plate not issued for such vehicle, or not otherwise authorized by law to be used thereon; or

(C) Willfully twists, paints, alters or adds to, or cuts off any portion of a registration plate or sticker; or who places or deposits or causes to be placed or deposited on such plate or sticker any substance to hinder the normal reading of such plate; or who defaces, disfigures changes or attempts to change any letter or figure thereon.

(D) Sells, trades, barters, or otherwise disposes of the plate(s) in a manner which is prohibited by provisions of this chapter.

17-10-16 False Evidence of Registration.

Whoever operates or has in possession of a motor vehicle, motor home, trailer or semitrailer or other vehicle registration which has attached thereto any plate or similar device fashioned in imitation of or altered so as to resemble the current registration plate issued by the Prairie Band of Potawatomi may be fined not less than $50.00 and not more than $250.00.

17-10-17 Suspension/Revocation of Registration.

(A) The Registrar of the Prairie Band of Potawatomi shall suspend and/or revoke the registration when:

(1) The registration was completed through fraud or error and the person who registered the vehicle does not or cannot register the vehicle properly; or

(2) The required fee has not been paid and the same is not paid with interest at the rate of 12 percent per annum within 30 days of the date due.

The registered owner is in violation of any provision of this chapter.

(B) Period of Suspension. Any registration suspended pursuant to this Section continues to be suspended until reinstated by the Registrar. The Registrar shall reinstate the registration when the reason for the suspension has been removed.

(C) Return of Registration Plates; Penalty for Non-Compliance. Whenever the registration of a vehicle is suspended under this Section, the owner or person in possession of the registration plates shall forthwith return them to the Prairie Band of Potawatomi. Any person who fails to return the plates as required by this Section may be required to forfeit not more than $50.00.

(D) Revocation. Revocation of registration shall occur when the period of suspension exceeds 90 days. The owner shall be notified in writing that the registration has been revoked pursuant to this Section. The owner shall also be notified of the revocation of the Certificate of Title and the provisions of Section 32 shall apply.

(E) Any disputes arising under this Section shall be brought before the Potawatomi Tribal Court.

17-10-18 When Certificate of Title Required.

(A) The owner of a vehicle subject to registration on the Potawatomi Reservation, shall make application for certificate of title for the vehicle under the following circumstances:

(1) If the owner has newly acquired the vehicle;

(2) If the owner applies for registration of the vehicle for which the owner does not hold a valid certificate of title previously issued to him or her by the Registrar for the vehicle in question, the owner shall at the same time apply for a certificate of title; or

(3) A vehicle which is presently in possession.

(B) Eligibility a Prerequisite. An applicant’s eligibility for a certificate of title is a prerequisite to registration of the vehicle. If the applicant for registration holds a valid certificate of title previously issued to him or her by the Registrar for the vehicle in question, that is prima facie evidence that the applicant is the record owner of the vehicle and need not apply for a new certificate of title each time of application for registration.

17-10-19 Application for Certificate of Title.

(A) An application for a certificate of title shall be made to the Registrar upon a form prescribed by the Registrar and shall be accompanied by the required fee. Each application for a certificate of title shall contain the following information:

(1) The name and address of the owner;

(2) A description of the vehicle, including make, model, year, identifying number and any other information which the Registrar may reasonably require for proper identification of the vehicle;

(3) The date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired and the name and address of any secured parties in the order of their priority and the dates of their security agreements;

(4) If the vehicle is a new vehicle being registered for the first time, the signature of the dealer authorized to sell such new vehicle;

(5) Any further evidence of ownership, which may reasonably be required by the Registrar to enable a determination whether the owner is entitled to a certificate of title and the existence or non-existence of security interests in the vehicle;

(6) If the vehicle is a used motor vehicle which was previously registered in another jurisdiction, and a statement pertaining to the title history and ownership of such motor vehicle, such statement to be in the form the Registrar prescribes;

(7) The Registrar may, at his or her discretion, require the applicant to furnish a certification by a law enforcement officer, or by an employee designated by the Registrar to the effect that the physical description of the motor vehicle has been checked and conforms to the description given in the application;

(8) Each applicant for a certification of title shall surrender to the Registrar or his or her designee any and all other certificate of title issued by any other governmental agency of any state which is held by the applicant or any other person or entity as a prerequisite to receiving a certificate of title from the Prairie Band of Potawatomi; and

(9) The vehicle odometer reading with the owner’s certificate of the accuracy and that to the best of his or her knowledge neither he nor she or any other person has altered the odometer.

(B) It is hereby specifically required that the automobile manufacturer’s certificate of origin be surrendered to the Registrar or his or her designee prior to any lawful registration and titling of any new vehicle.

17-10-20 Contents of Certificate of Title.

(A) Each certificate of title issued by the Registrar shall contain:

(1) The name and address of the owner;

(2) The names of any secured parties in order of priority as shown on such certificate;

(3) The title number assigned to the vehicle;

(4) A description of the vehicle, including make, model and identifying number;

(5) Any other data which the Registrar deems pertinent and desirable;

(6) Vehicle odometer reading and a certification of accuracy of the reading when the vehicle is first registered and every time the ownership is transferred thereafter; and

(7) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for application for a certificate of title by a transferee and for the naming of a secured party and the assignment or release of a security interest.

(B) Prima Facie Evidence. A certificate of title issued by the Registrar is prima facie evidence of the facts appearing on it.

17-10-21 Grounds of refusing Issuance of Certificate of Title.

The Registrar shall refuse issuance of a certificate of title if any required fee is not paid or if the Registrar has reasonable grounds to believe that:

(A) The person alleged to be the owner of the vehicle is not the owner;

(B) The application contains false or fraudulent statement;

(C) The applicant fails to furnish the information or documents required by this ordinance to the satisfaction of the Registrar; and

(D) The vehicle odometer reading is inaccurate or the vehicle odometer has been altered in any manner so as to unlawfully alter the value of the vehicle.

17-10-22 Lost, Stolen or Mutilated Certificates.

If a certificate of title is lost, stolen, mutilated, destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the Registrar shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the Registrar. The duplicate certificate of title shall contain the legend, “This a duplicate Certificate and may be subject to the rights of a person under the original certificate.”

17-10-23 Titling Fees.

The Registrar shall be paid the following fees:

(A) $5.00 by the owner for filing an application for the first certificate of title.

(B) $5.00 by the owner of the vehicle for the original notation and subsequent release of each security interest noted upon a certificate of title.

(D) $10.00 by the owner of the vehicle for all other issuance’s of certificate of title for any other reason.

(E) Notwithstanding the above, Prairie Band Potawatomi government owned vehicles shall be exempt from all titling fees.

17-10-24 Transfer of Interest in a Vehicle.

(A) If an owner transfer an interest in a vehicle, the owner shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefore on the certificate, cause the certificate to be mailed or delivered to the transferee, and verify the odometer reading in the proper space provided.

(B) The transferee shall promptly, after delivery of the vehicle, execute the application for a new certificate of title in the space provided therefore on the certificate and cause the certificate and application to be mailed or delivered to the Registrar.

(C) “Vehicle Seller’s Report of Sale.” The seller of a vehicle which is registered pursuant to this ordinance shall deliver to the Registrar, within five days of the sale, a fully completed Vehicle Seller’s Report of Sale form, which is located on the reverse side of the Certificate of Registration for said vehicle.

(D) A transfer by an owner is not effective until the provision of this section have been complied with. An owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of the section requiring action by him or her is not liable as owner for any damages thereunder resulting from operation of the vehicle.

(E) An owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty of title required by this Section, may be required to pay not more than $50.00.

(F) Any transferee of a vehicle who fails to make application for a new certificate of title within ten days after legal sale of a vehicle may be required to pay not more than $50.00. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the Registrar or deposited in the mail properly addressed with the required postage.

(G) When any person who dies testate or interstate and that person is the legal owner of a vehicle registered under the laws of the Prairie Band of Potawatomi the Registrar shall issue a new certificate of title, as follows:

(1) Upon receipt of an order from the Potawatomi Tribal Court or a court of competent jurisdiction so directing any said issuance; or

(2) Upon receipt of a properly executed form(s) as prescribed by the Registrar and all required accompanying documents which provides for the transfer of interest and ownership to an individual (or individuals) stated thereon.

(H) When a certificate of tile is issued to a new owner pursuant to this Section and the new owner is not eligible to have said vehicle registered under the laws of the Band, said new owner shall promptly register the vehicle with the appropriate jurisdiction.

17-10-25 When Registrar to Issue a New Certificate.

The Registrar upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer document required by chapter, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner.

17-10-26 Perfection of Security Interests.

(A) A security interest in a vehicle of a type for which a certificate of title exists hereunder is not valid against creditors of the owner or subsequent transferees or secured parties of the vehicle unless perfected as provided by this chapter.

(B) A security interest for tribal titles is perfected by the delivery to the Registrar of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party and the date of the security agreement, with the required fee. It is perfected as of the time of its creation if such delivery is completed within 10 days thereafter.

17-10-27 Duties on Creation of Security Interest.

If an owner creates a security interest in a vehicle:

(A) The owner shall immediately execute, in the space provided therefore on the certificate of title or on a separate form prescribed by the Registrar an application to name the secured party on the certificate, showing the name and address of the secured party and the date of the security agreement, and cause the certificate, application and the required fee to be delivered to the secured party.

(B) The secured party shall immediately cause the certificate, application and the required fee to be mailed or delivered to the Registrar.

(C) Upon receipt of the certificate of title, application and the required fee the Registrar shall issue to the secured party a new certificate which contains the name and address of the lienholder.

17-10-28 Assignment of Security Interest.

(A) Assignment of Security Interest. A secured party may assign, absolutely or otherwise, the security interest in a vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party, as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate.

(B) The assignee may not need to perfect the assignment, have the certificate of title endorsed or issue with the assignee named as secured party, upon delivering to the Registrar the certificate and an assignment by the secured party named in the certificate in the form the Registrar prescribes.

17-10-29 Release of Security Interest.

(A) Release of Security Interest. Whenever there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a vehicle under any security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the Registrar prescribes, a release of the security interest in the form and manner prescribed by the Registrar. If the secured party fails to execute and deliver such a release within 10 days after the receipt of the owner’s written demand therefore, such party shall be liable to the owner for $25.00 and for any loss caused to the owner by such failure.

(B) The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the Registrar, which shall release the secured party’s rights on the certificate and issue a new certificate.

17-10-30 Secured Party’s and Owner’s Duties.

(A) A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information as to the security agreement and the indebtedness secured by it.

(B) An owner shall promptly deliver the certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it upon receipt of a notice from such secured party that the interest is to be assigned, extended or perfected.

(C) Any secured party who fails to disclose information pursuant to Section 30 shall be liable for any loss caused to owner thereby.

(D) Any owner who fails to deliver the certificate of title to a secured party requesting it pursuant to Section 30 shall be liable to such party for any loss caused to the secured party thereby and may be required to pay a fine of not more than $100.00.

17-10-31 Methods of Perfecting Exclusive.

The method provided in this chapter of perfecting and giving notice of security interests subject to this ordinance is exclusive.

17-10-32 Suspension or Revocation of Certificate.

(A) The Registrar shall suspend or revoke a certificate of title if:

(1) The certificate of title was fraudulently procured, erroneously issued, or prohibited by law,

(2) The vehicle has been scrapped, dismantled, or destroyed,

(3) A transfer of title is set aside by a court by order or judgment, or

(4) Registration has been revoked pursuant to Section 17.

(B) Suspension or revocation of a certificate of title does not, in itself, affect the validating of a security interest noted on it.

(C) When the Registrar suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the Registrar.

(D) The Registrar may seize and impound any certificate of title which has been suspended or revoked.

17-10-33 Cancellation of Title or Registration.

The Registrar shall cancel a title or registration whenever:

(A) A transfer of title is set aside by the Court by order or judgment; or

(B) It is subsequently discovered the issuance or possession of a title or registration is prohibited by law.

17-10-34 Remedies for Holders of Security Interests.

For purpose of this chapter, the Prairie Band of Potawatomi hereby adopts and incorporates by reference applicable sections of Article IX of the Uniform Commercial Code as enacted in Kansas and requires the Registrar to notify by registered mail, return receipt requested, any holder of any registered security interest of any action under this chapter that may affect their rights as registered.

17-10-35 Maintenance of Records.

The Registrar shall maintain records of all applications and all certificates of title issued by the Registrar:

(A) According to title number,

(B) Alphabetically, according to the name of owner, and

17-10-36 Accurate and Updated Records.

The Registrar shall keep accurate and updated list of all registration plates issued, the number thereof, the name of the owner and the description of the motor vehicle.

17-10-37 Police Powers.

(A) Any duly sworn Law Enforcement Officer, including Law Enforcement Officer of the State of Kansas, are hereby authorized and empowered to enforce the provisions of this chapter and to execute and serve all warrants and processes issued by the Potawatomi Tribal Court under any law of the Prairie Band of Potawatomi.

(B) When a person is cited for any violation of this chapter, the arresting officer shall prepare in triplicate, written notice to appear before the Court. This notice has the effect of, and serves as a summons and complaint. The written notice must be signed by the arresting officer, describe the violation, the date and time of return or first appearance before the court and the address of the court. In order to secure appearance, the cited person must give a written promise so to appear before the Court by signing, in triplicate, a written notice prepared by the arresting officer. The officer shall retain the original of the notice and deliver the copy thereof marked “summons” to the person cited. If the person so summoned fails to appear on the day, the Court shall issue an order to show cause, and may subject the person to the court powers of contempt.

(C) Any duly sworn tribal law enforcement officer is hereby authorized and empowered to enter upon any trust or other land within the jurisdiction of the Band for the purpose of carrying out the proper duties of his or her office.

17-10-38 Enforcement.

No person shall willfully hinder, resist, or obstruct a tribal law enforcement officer in the legal and proper performance of the officer’s official duty, including refusing to submit anything called for by the officer for inspection when authorized by law. No tribal criminal prosecution of non-Indians will be brought under this chapter.

17-10-39 Potawatomi Tribal Court.

The Potawatomi Tribal Court is hereby granted jurisdiction for any cause of action which arises from this chapter and where jurisdiction is appropriate. Nothing in this chapter shall waive the sovereign immunity of the Prairie Band of Potawatomi, the Prairie Band of Potawatomi Tribal Council or any tribal employees or agents.

17-10-40 Enforcement by Registrar.

The Registrar shall enforce all provisions of this chapter. The Registrar may prescribe all rules and regulation consistent with the provisions of this Chapter through the issuance of Registrar Orders. The Registrar may request the Potawatomi Tribal Council or any Band law enforcement officer to aid in the performance of the Registrar’s official duties. The Registrar may appoint current employees of the Prairie Band of Potawatomi as designees as may be required to administer the provisions of this chapter.

17-10-41 Severability.

If any provision of this chapter or the application thereof to any person, business, corporation or circumstances is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provision or application and invalid provisions of this chapter are declared severable.

17-10-42 Limited Waiver of Sovereign Immunity.

The Prairie Band of Potawatomi hereby waives sovereign immunity to be used only by tribal members in the Potawatomi Tribal Court or such other Court as the Potawatomi Tribal Council may designate in any seizure of property matter pursuant to the provisions of this chapter. However, any such action shall only be directed against the Registrar, in his or her official capacity in order to challenge any seizure action. Any and all seizure cause of action which arise pursuant to this chapter shall be limited to actions against the Registrar in his or her official capacity for any order returning any seized goods or the proceeds of a sale of such seized goods if in the possession of the Registrar or his or her office. All other causes of action which arise pursuant to this chapter shall be limited in relief to declaratory or injunctive measures and no damages, monetary or otherwise, including but not limited to attorney fees, shall be permitted. All causes of action arising must be commenced by service of complaint and filing same within 90 days of the first event giving rise to the cause of action.

17-10-43 Reservation of Right.

The Potawatomi Tribal Council hereby reserves the right to alter, amend or increase or decrease the fees, forfeiture and penalties imposed herein, amend or repeal the several provisions of this chapter, and all rights and privileges granted or extended hereunder shall be subject to such reserved right.

17-10-44 Revenue Distribution.

All revenue derived from fees imposed by this chapter shall be deposited in the general revenue account of the Prairie Band of Potawatomi.

17-10-45 Band Attorney Obligations.

The Attorney(s) designated by the Potawatomi Tribal Council shall represent the interests of the Prairie Band of Potawatomi and the Registrar of Motor Vehicle in any matter arising from any provision of this chapter before the Potawatomi Tribal Court.

17-10-46 American Association of Motor Vehicle Administrators: Policy Positions.

The Potawatomi Tribal Council hereby declares that the implementation of the provisions of this chapter shall be accomplished, as much as feasible, according to the policies promulgated by the American Association of Motor Vehicle Administrators.

17-10-47 Motor Vehicle Information.

(A) The Registrar shall endeavor to develop procedures to provide pertinent vehicle information for vehicles registered under this chapter through the National Law Enforcement Telecommunication System (NLETS), NCIC and the Kansas Criminal Justice Information System (KCJIS) in a timely and reasonable manner. This information shall include at least the make, model year, VIN number, body type, and tribal license plate number of the vehicle, the name and current address of the owner and the registered gross laden weight of every commercial vehicle.

(B) Motor vehicle information held by the Registrar shall be made available in a reasonable and timely manner to other government agencies for purposes of law enforcement and motor vehicle regulation.

(Amended by PBP TC No. 2002-082, June 18, 2002)

17-10-48 Regulations.

The Registrar may issue interpretations or regulations for the purpose of carrying out the functions and purposes of this Title.