Terms Used In Kansas Statutes 32-1102

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201

As used in article 11 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto, unless the context clearly requires a different meaning:

(a) “Vessel” means any watercraft designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water.

(b) “Motorboat” means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion.

(c) “Owner” means a person, other than a lienholder, having the property in or title to a vessel. “Owner” includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation. “Owner” does not include a lessee under a lease not intended as security.

(d) “Waters of this state” means any waters within the territorial limits of this state.

(e) “Person” means an individual, partnership, firm, corporation, association or other entity.

(f) “Operate” means to navigate or otherwise use a motorboat or a vessel.

(g) “Department” means the Kansas department of wildlife and parks.

(h) “Secretary” means the secretary of wildlife and parks.

(i) “Length” means the length of the vessel measured from end to end over the deck excluding sheer.

(j) “Operator” means the person who operates or has charge of the navigation or use of a motorboat or a vessel.

(k) “Undocumented vessel” means a vessel that is not required to have, and does not have, a valid marine document issued by the United States coast guard or federal agency successor thereto.

(l) “Reportable boating accident” means an accident, collision or other casualty involving a vessel subject to this act that results in loss of life, injury sufficient to require first aid or medical attention, or actual physical damage to property, including a vessel, in excess of an amount established by rules and regulations adopted by the secretary in accordance with Kan. Stat. Ann. § 32-805, and amendments thereto.

(m) “Marine sewage” means any substance that contains any of the waste products, excrement or other discharges from the bodies of human beings or animals, or foodstuffs or materials associated with foodstuffs intended for human consumption.

(n) “Marine toilet” means any latrine, head, lavatory or toilet that is intended to receive marine sewage and is located on or in any vessel.

(o) “Passenger” means any individual who obtains passage or is carried in or on a vessel.

(p) “Sail board” means a surfboard using for propulsion a free sail system comprising one or more swivel-mounted rigs (mast, sail and booms) supported in an upright position by the crew and the wind.

(q) “Dealer” means any person who:

(1) For a commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, offers, attempts to sell, or negotiates the sale of any vessel, whether or not the vessel is owned by such person;

(2) maintains an established place of business with sufficient space to display vessels at least equal in number to the number of dealer certificates of number the dealer has been assigned; and

(3) maintains signage easily visible from the street identifying the established place of business.

(r) “Demonstrate” means to operate a vessel on the waters of this state for the purpose of selling, trading, negotiating or attempting to negotiate the sale or exchange of interests in new or used vessels or for the purpose of testing the design or operation of a vessel.

(s) “Sailboat” means any vessel, other than a sail board, that is designed to be propelled by wind action upon a sail for navigation on the water.

(t) “Boat livery” means any person offering a vessel or vessels of varying types for rent.

(u) “Cargo” means the items placed within or on a vessel and includes any persons or objects towed on water skis, surfboards, tubes or similar devices behind the vessel.

(v) “State of principal use” means the state on the waters of which a vessel is used or to be used most during the calendar year.

(w) “Use” means to operate, navigate or employ.

(x) “Abandoned vessel” means any vessel on public waters or public or private land that remains unclaimed for a period of 15 consecutive days.