On March 25, 2005, the Tenth Circuit Court of Appeals issued its decision in Prairie Band Potawatomi Nation v. Wagnon, ___ F.3d ___, 2005 WL 681785 (10th Cir. No. 03-3322, filed 3/25/2005). The decision permanently enjoins the State of Kansas from further application and enforcement of Kansas' motor vehicle and titling laws against the Prairie Band Potawatomi Nation (PBPN) if the vehicle is titled and registered pursuant to tribal law. The Court held that PBPN titles tags are legal and are entitled to reciprocal recognition pursuant to K.S.A. 8 138a, whether the vehicle is being operated on or off the PBPN reservation. Do not issue illegal or no tag citations to vehicles that display a PBPN license plate.

The PBPN expects to issue approximately 300 - 400 license plates to tribe vehicles and tribal members' vehicles. The plates have to be renewed annually. The Kansas Department of Revenue has refused the tribe's request to include tribal tag information in its database, so you will not be able to obtain registration information from the State of Kansas. However you can obtain registration information by calling PBPN Tribal Police dispatch at 785-966-3024.

Please note that while this decision only deals with PBPN license plates, plates issued by other tribes will probably be legal and entitled to reciprocal recognition as well unless the state can prove that the tribe's titling and registration scheme is a sham. Please advise if you have any questions about this bulletin.