Session of 2023
HOUSE BILL No. 2147
By Committee on Transportation
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AN ACT concerning motor vehicles; relating to abandoned or towed
vehicles; requiring an individual or agency to acquire a certificate of
title before selling an abandoned or towed vehicle; exempting such
abandoned or towed vehicles from vehicle registration requirements;
exempting individuals or agencies selling such abandoned or towed
vehicles from the vehicle dealers and manufacturers licensing act;
amending K.S.A. 8-128, 8-1102, 8-1103, 8-1104 and 8-2403 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-128 is hereby amended to read as follows: 8-128.
(a) The following need not be registered under this act, any:
(1) Implement of husbandry;
(2) all-terrain vehicle;
(3) micro utility truck;
(4) golf cart;
(5) work-site utility vehicle;
(6) road roller or road machinery temporarily operated or moved
upon the highways;
(7) municipally owned fire truck;
(8) privately owned fire truck subject to a mutual aid agreement with
a municipality;
(9) school bus owned and operated by a school district or a nonpublic
school that has the name of the municipality, school district or nonpublic
school plainly painted thereon;
(10) farm trailer used in carrying not more than 6,000 pounds owned
by a person engaged in farming, which trailer is used exclusively by the
owner to transport agricultural products produced by such owner or
commodities purchased by the owner for use on the farm owned or rented
by the owner of such trailer and the weight of any such farm trailer, plus
the cargo weight of 6,000 pounds or less, shall not be considered in
determining the gross weight for which the truck or truck tractor
propelling the same shall be registered;
(11) farm trailer used and designed for transporting hay or forage
from a field to a storage area or from a storage area to a feedlot that is only
incidentally moved or operated upon the highways, except that this
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paragraph shall not apply to a farm semitrailer;
(12) electric-assisted scooter; or
(13) electric-assisted bicycle.
(b) Self-propelled cranes where the crane operator on a job site
operates the controls of such crane from a permanent housing or module
on the crane and the crane is not used for the transportation of property,
except the property that is required for the operation of the crane itself and
earth moving equipment that are equipped with pneumatic tires may be
moved on the highways of this state from one job location to another, or to
or from places of storage, delivery or repair, without complying with the
provisions of the law relating to registration and display of license plates
but shall comply with all the other requirements of the law relating to
motor vehicles.
(c) Oil well servicing, oil well clean-out or oil well drilling machinery
or equipment need not be registered under this act but shall comply with
all the other requirements of the law relating to motor vehicles.
(d) A truck permanently mounted with a hydraulic concrete pump and
placing boom may be moved on the highways of this state from one job
location to another, or to or from places of storage delivery or repair,
without being registered under this act, but shall comply with all the other
requirements of the law relating to motor vehicles. The provisions of this
subsection shall not apply to ready-mix concrete trucks.
(e) An abandoned or towed vehicle does not need to be registered
under this act when a public agency or person providing wrecker or
towing service, as defined in K.S.A. 66-1329, and amendments thereto, is
in possession of such vehicle and applies for a certificate of title for the
purpose of selling such vehicle pursuant to K.S.A. 8-1102, 8-1103 and 8-
1104, and amendments thereto. The provisions of this subsection shall not
apply once such vehicle has been sold pursuant to K.S.A. 8-1102, 8-1103
and 8-1104, and amendments thereto.
Sec. 2. K.S.A. 8-1102 is hereby amended to read as follows: 8-1102.
(a) (1) A person shall not use the public highway to abandon vehicles or
use the highway to leave vehicles unattended in such a manner as to
interfere with public highway operations. When a person leaves a motor
vehicle on a public highway or other property open to use by the public,
the public agency having jurisdiction of such highway or other property
open to use by the public, after 48 hours or when the motor vehicle
interferes with public highway operations, may remove and impound the
motor vehicle.
(2) Any motor vehicle which that has been impounded as provided in
this section for 30 days or more shall be disposed of in the following
manner:
(A) If such motor vehicle has displayed thereon a registration plate
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issued by the division of vehicles and has been registered with the
division, the public agency shall request verification from the division of
vehicles of the last registered owner and any lienholders, if any. Such
verification request shall be submitted to the division of vehicles not more
than 30 days after such agency took possession of the vehicle. The public
agency shall mail a notice by certified mail to the registered owner thereof,
addressed to the address as shown on the certificate of registration, and to
the lienholder, if any, of record in the county in which where the title
shows the owner resides, if registered in this state. The notice shall state
that if the owner or lienholder does not claim such motor vehicle and pay
the removal and storage charges incurred by such public agency on it
within 15 days from the date of the mailing of the notice, that it will be
sold at public auction to the highest bidder for cash. The notice shall be
mailed within 10 days after receipt of verification of the last owner and
any lienholders, if any, as provided in this subsection.
(B) After 15 days from date of mailing notice, the public agency shall
publish a notice once a week for two consecutive weeks in a newspaper of
general circulation in the county where such motor vehicle was abandoned
and left, which. Such notice shall describe the motor vehicle by name of
maker, model, serial number, and owner, if known, and stating that it has
been impounded by the public agency and that it will be sold at public
auction to the highest bidder for cash if the owner thereof does not claim it
within 10 days of the date of the second publication of the notice and pay
the removal and storage charges, and publication costs incurred by the
public agency. If the motor vehicle does not display a registration plate
issued by the division of vehicles and is not registered with the division,
the public agency after 30 days from the date of impoundment, shall
request verification from the division of vehicles of the last registered
owner and any lienholders, if any. Such verification request shall be
submitted to the division of vehicles no more than 30 days after such
agency took possession of the vehicle. The public agency shall mail a
notice by certified mail to the registered owner thereof, addressed to the
address as shown on the certificate of registration, and to the lienholder, if
any, of record in the county in which the title shows the owner resides, if
registered in this state. The notice shall state that if the owner or lienholder
does not claim such motor vehicle and pay the removal and storage
charges incurred by such public agency on it within 15 days from the date
of the mailing of the notice, it will be sold at public auction to the highest
bidder for cash. The notice shall be mailed within 10 days after receipt of
verification of the last owner and any lienholders, if any, as provided in
this subsection. After 15 days from the date of mailing notice, the public
agency shall publish a notice in a newspaper of general circulation in the
county where such motor vehicle was abandoned and left, which notice
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shall describe the motor vehicle by name of maker, model, color and serial
number and shall state that it has been impounded by said public agency
and will be sold at public auction to the highest bidder for cash, if the
owner thereof does not claim it within 10 days of the date of the second
publication of the notice and pay the removal and storage charges incurred
by the public agency.
(C) When any public agency has complied with the provisions of this
section with respect to an abandoned motor vehicle and the owner thereof
does not claim it within the time stated in the notice and pay the removal
and storage charges and publication costs incurred by the public agency on
such motor vehicle, the public agency shall file proof thereof with the
division of vehicles, and the division shall issue a certificate of title to the
public agency. Once any public agency is in possession of a certificate of
title for a motor vehicle, the public agency may sell the motor vehicle at
public auction to the highest bidder for cash.
(3) After any sale pursuant to this section, the purchaser may file
proof thereof with the division of vehicles, and the division shall issue a
certificate of title to the purchaser of such motor vehicle shall receive a
certificate of title from the public agency transferring ownership to the
purchaser. All moneys derived from the sale of motor vehicles pursuant to
this section, after payment of the expenses of the impoundment and sale,
shall be paid into the fund of the public agency which that is used by it for
the construction or maintenance of highways.
(b) Any person who abandons and leaves a vehicle on real property,
other than public property or property open to use by the public, which
that is not owned or leased by such person or by the owner or lessee of
such vehicle shall be guilty of criminal trespass, as defined in K.S.A. 2022
Supp. 21-5808, and amendments thereto, and upon request of the owner or
occupant of such real property, the public agency in whose jurisdiction
such property is situated may remove and dispose of such vehicle in the
manner provided in subsection (a), except that the provisions of subsection
(a) requiring that a motor vehicle be abandoned for a period of time in
excess of 48 hours prior to its removal shall not be applicable to
abandoned vehicles which that are subject to the provisions of this
subsection. Any person removing such vehicle from the real property at
the request of such public agency shall have a possessory lien on such
vehicle for the costs incurred in removing, towing and storing such
vehicle.
(c) Whenever any motor vehicle has been left unattended for more
than 48 hours or when any unattended motor vehicle interferes with public
highway operations, any law enforcement officer is hereby authorized to
move such vehicle or cause to have the vehicle moved as provided in
K.S.A. 8-1103 et seq., and amendments thereto.
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(d) The notice provisions of this section shall apply to any motor
vehicle which that has been impounded as provided in K.S.A. 8-1567, and
amendments thereto.
(e) Any person attempting to recover a motor vehicle impounded as
provided in this section or in accordance with a city ordinance or county
resolution providing for the impoundment of motor vehicles, shall show
proof of valid registration and ownership of the motor vehicle to the public
agency before obtaining the motor vehicle. In addition, the public agency
may require payment of all reasonable costs associated with the
impoundment of the motor vehicle, including transportation and storage
fees, prior to release of the motor vehicle.
Sec. 3. K.S.A. 8-1103 is hereby amended to read as follows: 8-1103.
(a) (1) Whenever any person providing wrecker or towing service, as
defined by K.S.A. 66-1329, and amendments thereto, while lawfully in
possession of a vehicle, at the direction of a law enforcement officer or the
owner or as provided by a city ordinance or county resolution, renders any
service to the owner thereof by the recovery, transportation, protection,
storage or safekeeping thereof, a first and prior lien on the vehicle is
hereby created in favor of such person rendering such service and the lien
shall amount to the full amount and value of the service rendered. The lien
may be foreclosed in the manner provided in this act.
(2) If the name of the owner of the vehicle is known to the person in
possession of such vehicle, then within 15 days, notice shall be given to
the owner that the vehicle is being held subject to satisfaction of the lien.
Subject to the provisions of paragraph (5), any vehicle remaining in the
possession of a person providing wrecker or towing service for a period of
30 days after such wrecker or towing service was provided may be sold to
pay the reasonable or agreed charges for such recovery, transportation,
protection, storage or safekeeping of such vehicle and personal property
therein, the costs of such sale, the costs of notice to the owner of the
vehicle and publication after giving the notices required by this act, unless
a court order has been issued to hold such vehicle for the purpose of a
criminal investigation or for use as evidence at a trial.
(3) If a court orders any vehicle to be held for the purpose of a
criminal investigation or for use as evidence at a trial, then such order shall
be in writing, and the court shall assess as costs the reasonable or agreed
charges for the protection, storage or safekeeping accrued while the
vehicle was held pursuant to such written order.
(4) Any personal property within the vehicle need not be released to
the owner thereof until the reasonable or agreed charges for such recovery,
transportation or safekeeping have been paid, or satisfactory arrangements
for payment have been made, except as provided under subsection (c) or
for personal medical supplies which shall be released to the owner thereof
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upon request. The person in possession of such vehicle and personal
property shall be responsible only for the reasonable care of such property.
Any personal property within the vehicle not returned to the owner shall
be sold at the auction authorized by this act.
(5) A sale of a vehicle authorized by this section shall not occur until
the person providing wrecker or towing service has obtained a certificate
of title from the division of vehicles. Upon showing satisfactory proof to
the division of vehicles that the person has complied with the notice and
storage requirements under paragraph (2), the division shall issue a
certificate of title to the person. Upon receiving such certificate of title, the
person may sell the vehicle.
(b) At the time of providing wrecker or towing service, any person
providing such wrecker or towing service shall give written notice to the
driver, if available, of the vehicle being towed that a fee will be charged
for storage of such vehicle. Failure to give such written notice shall
invalidate any lien established for such storage fee.
(c) A city ordinance or county resolution authorizing the towing of
vehicles from private property shall specify in such ordinance or
resolution:
(1) The maximum rate such wrecker or towing service may charge
for such wrecker or towing service and storage fees;
(2) that an owner of a vehicle towed shall have access to personal
property in such vehicle for 48 hours after such vehicle has been towed
and such personal property shall be released to the owner; and
(3) that the wrecker or towing service shall report the location of such
vehicle to local law enforcement within two hours of such tow.
(d) A person providing towing services shall not tow a vehicle to a
location outside of Kansas without the consent of either:
(1) The driver or owner of the motor vehicle;
(2) a motor club of which the driver or owner of the motor vehicle is
a member; or
(3) the insurance company processing a claim with respect to the
vehicle or an agent of such insurance company.
Sec. 4. K.S.A. 8-1104 is hereby amended to read as follows: 8-1104.
(a) Before any such vehicle and personal property is sold, the person
intending to sell such vehicle shall request verification from the division of
vehicles of the last registered owner and any lienholders, if any. Such
verification request shall be submitted to the division of vehicles not more
than 30 days after such person took possession of the vehicle. Every
person intending to sell any vehicle pursuant to this section that cannot be
verified by the division of vehicles shall obtain an interstate search of
registered owners and lienholders unless:
(1) The vehicle is 15 years of age or older; or
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(2) the vehicle is determined by the division of vehicles to be a
nonrepairable vehicle pursuant to K.S.A. 8-135c, and amendments thereto.
(b) Notice of sale, as provided in this act, shall be mailed by certified
mail to any such registered owner and any such lienholders within 10 days
after receipt of verification of the last owner and any lienholders, if any.
The person intending to sell such vehicle and personal property pursuant to
this act shall cause a notice of the time and place of sale, containing a
description of the vehicle and personal property, to be published in a
newspaper published in the county or city where such sale is advertised to
take place, and if there is no newspaper published in such county, then the
notice shall be published in some newspaper of general circulation in such
county. Notices given under this section shall state that if the amount due,
together with storage, publication, notice and sale costs, is not paid within
15 days from the date of mailing, the vehicle and personal property will be
sold at public auction. Notice of an auction shall be published at least
seven days prior to the scheduled auction.
(c) A sale of a vehicle authorized by this section shall not occur until
the seller obtains a certificate of title for the vehicle from the division of
vehicles.
Sec. 5. K.S.A. 8-2403 is hereby amended to read as follows: 8-2403.
(a) No person shall engage in the business of a vehicle dealer unless such
person has complied with the applicable provisions of this act. The director
shall issue licenses provided for by this act and shall have supervision over
the licensees hereunder in respect to all the provisions of this act.
(b) This act shall not apply to:
(1) Vehicle dealers or manufacturers dealing exclusively in farm
trailers or utility or boat trailers having a gross weight of 2,000 pounds or
less and which are not required by law to be registered; or
(2) charitable organizations, which that are exempt from federal
income taxation pursuant to section 501(c)(3) and are eligible recipients of
charitable contributions pursuant to section 170(c)(2) of the federal
internal revenue code, selling motor vehicles at a charitable auction; or
(3) a public agency or person providing wrecker or towing services,
as defined in K.S.A. 66-1329, and amendments thereto, if such agency or
person sells more than five vehicles in a calendar year pursuant to the
procedures set forth in K.S.A. 8-1102, 8-1103 and 8-1104, and
amendments thereto.
Sec. 6. K.S.A. 8-128, 8-1102, 8-1103, 8-1104 and 8-2403 are hereby
repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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