HOUSE BILL No. 2147
AN ACT concerning motor vehicles; relating to abandoned or towed vehicles; requiring a
person providing wrecker or towing service or agency to provide a certification of
compliance to a purchaser upon the sale and transfer of an abandoned or towed
vehicle; modifying requirements for certified mail notices to prior owners of
abandoned or towed vehicles; relating to the uniform act regulating traffic on
highways; creating the crime of knowingly or intentionally manufacturing, importing,
distributing, selling, offering for sale, installing or reinstalling counterfeit
supplemental restraint system components and nonfunctional airbags and providing
criminal penalties for violation thereof; expanding permitted lighting equipment on
vehicles to include all ground effect lighting; amending K.S.A. 8-1102, 8-1103, 8-
1104 and 8-1723 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) A public agency or person providing wrecker
or towing service shall provide a certification of compliance to a
purchaser upon the sale and transfer of a vehicle pursuant to K.S.A. 8-
1102 and 8-1103, and amendments thereto. A certification of
compliance shall allow such purchaser to apply for and receive a
certificate of title from the division of vehicles that is free and clear of
all liens, security interests and encumbrances.
(b) A certification of compliance shall be completed on a form and
in a manner approved by the secretary of revenue, or the secretary's
designee. Such certification of compliance shall certify that the
requirements of K.S.A. 8-1102 through 8-1104, and amendments
thereto, have been met by the public agency or person providing
wrecker or towing service. The certification of compliance form shall
be subject to a fee of $20. All certification of compliance fees collected
by the division of vehicles, a contractor or a county treasurer pursuant
to this subsection shall be retained by the entity who processed the
certification of compliance form.
(c) Certification of compliance fees prescribed by subsection (b)
may be applied to the purchaser as part of the sale of a vehicle pursuant
to K.S.A. 8-1102 and 8-1103, and amendments thereto. Certification of
compliance fees may be applied to the owner of the vehicle if such
owner claims the vehicle from a public agency or person providing
wrecker or towing service prior to the vehicle being sold at public
auction.
(d) A certification of compliance provided for in this section shall
also certify that vehicle identification number inspection requirements
have been met for any sales of vehicles that are registered or titled in a
jurisdiction outside of Kansas in accordance with K.S.A. 8-116a, and
amendments thereto.
(e) The provisions of this section shall take effect on and after
January 1, 2024.
New Sec. 2. (a) No person shall knowingly or intentionally
manufacture, import, distribute, sell, offer for sale, install or reinstall a
device intended to replace a supplemental restraint system component
if the device is:
(1) A counterfeit supplemental restraint system component;
(2) a nonfunctional airbag; or
(3) any object in lieu of a supplemental restraint system
component that was not designed in accordance with federal safety
regulations for the make, model and year of the motor vehicle in which
such device is or will be installed.
(b) Violation of subsection (a) shall be a class A nonperson
misdemeanor.
(c) As used in this section:
(1) "Airbag" means a motor vehicle inflatable occupant restraint
system device that is part of a supplemental restraint system.
(2) "Counterfeit supplemental restraint system component" means
a replacement supplemental restraint system component that displays a
mark identical or substantially similar to the genuine mark of a motor
vehicle manufacturer or a supplier of parts to the manufacturer of a
motor vehicle without authorization from that manufacturer or supplier.
(3) "Nonfunctional airbag" means a replacement airbag that:
(A) Was previously deployed or damaged; HOUSE BILL No. 2147—page 2
(B) has an electric fault that is detected by the motor vehicle's
diagnostic systems when the installation procedure is completed and
the motor vehicle is returned to the customer who requested the work to
be performed or when ownership is intended to be transferred;
(C) includes a part or object, including a supplemental restraint
system component, installed in a motor vehicle to mislead the owner or
operator of the motor vehicle into believing that a functional airbag has
been installed; or
(D) is prohibited from being sold or leased in accordance with 49
U.S.C. § 30120(j).
(4) "Supplemental restraint system" means a passive inflatable
motor vehicle occupant crash protection system designed for use in
conjunction with active restraint systems as described in 49 C.F.R. §
571.208. A supplemental restraint system includes:
(A) Each airbag installed in accordance with the motor vehicle
manufacturer's design; and
(B) all components required to ensure that an airbag operates as
designed in the event of a crash and in accordance with the federal
motor vehicle safety standards for the specific make, model and year of
the motor vehicle.
(d) This section shall be a part of and supplemental to the uniform
act regulating traffic on highways.
Sec. 3. On and after January 1, 2024, 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
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 15 calendar 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 HOUSE BILL No. 2147—page 3
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 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 may sell the
motor vehicle at public auction to the highest bidder for cash. A public
agency shall provide a certification of compliance to a purchaser upon
the sale and transfer of a vehicle authorized by this section.
(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. 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.
(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 HOUSE BILL No. 2147—page 4
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. 4. On and after January 1, 2024, 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. 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 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 person providing wrecker or towing service shall provide a
certification of compliance to a purchaser pursuant to section 1, and
amendments thereto, upon the sale and transfer of a vehicle authorized
by this section.
(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 HOUSE BILL No. 2147—page 5
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. 5. On and after January 1, 2024, 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
(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 15 calendar 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.
Sec. 6. K.S.A. 8-1723 is hereby amended to read as follows: 8-
1723. (a) Any motor vehicle may be equipped with not more than two
side cowl or fender lamps which shall emit an amber or white light
without glare.
(b) Any motor vehicle may be equipped with not more than one
running-board courtesy lamp on each side which shall emit a white or
amber light without glare.
(c) Any motor vehicle may be equipped with one or more back-up
lamps either separately or in combination with other lamps, but any
such back-up lamp or lamps shall not be lighted when the motor
vehicle is in forward motion.
(d) Any vehicle 80 inches or more in overall width, if not
otherwise required by K.S.A. 8-1710, and amendments thereto, may be
equipped with not more than three identification lamps showing to the
front which shall emit an amber light without glare and not more than
three identification lamps showing to the rear which shall emit a red
light without glare. Such lamps shall be mounted as specified in
subsection (g) of K.S.A. 8-1710(g), and amendments thereto.
(e) Any vehicle may be equipped with one or more side marker
lamps and any such lamp may be flashed in conjunction with turn or
vehicular hazard warning signals. Side marker lamps located toward
the front of a vehicle shall be amber and side marker lamps located
toward the rear shall be red.
(f) Any motor vehicle may be equipped with neon ground effect
lighting, except that such lighting shall not flash, be any shade of red
nor shall any portion of the neon tubes bulb or lighting fixture be
visible. "Neon Ground effect lighting" means neon tubes lights placed
underneath the motor vehicle for the purpose of illuminating the ground
below the motor vehicle creating a halo light effect. HOUSE BILL No. 2147—page 6
(g) Any motor vehicle may be equipped with head lamps which
alternately flash or simultaneously flash when such motor vehicle is
being used as the lead motor vehicle of a funeral procession. A funeral
hearse may serve as a funeral lead vehicle.
Sec. 7. K.S.A. 8-1723 is hereby repealed.
Sec. 8. On and after January 1, 2024, K.S.A. 8-1102, 8-1103 and
8-1104 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.