SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2147
As Amended by House Committee of the Whole
Brief*
HB 2147, as amended, would create law to require,
beginning January 1, 2024, a public agency or towing or
wrecking service lawfully selling an abandoned or towed
motor vehicle to provide a certification to the purchaser that
statutory recovery, storage, notification, and verification
requirements associated with abandoned or towed vehicles
have been satisfied, and that vehicle identification number
inspection requirements have been met.
The certification of compliance would allow the
purchaser of such a vehicle to apply for and receive a
certificate of title free and clear of liens, security interests, and
encumbrances.
The bill would require the certification to be completed
on a form and in a manner approved by the Secretary of
Revenue or the Secretary’s designee, and would be subject
to a fee of $20 to be paid by the public agency or towing or
wrecking service, to be retained by the county treasurer,
Division of Vehicles of the Department of Revenue, or
contractor that processes the certification of compliance form.
The bill would specify the fee could be passed on to a
purchaser or the vehicle’s original owner upon reclamation.
The bill would also make conforming amendments to
continuing law.
The bill would become effective January 1, 2024.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Background
The bill was introduced by the House Committee on
Transportation at the request of Representative Awerkamp.
House Committee on Transportation
In the House Committee hearing, proponent testimony
was provided by Representative Awerkamp and by
representatives of A & A Auto and Truck Parts, Denton Auto
Salvage, and the Division of Vehicles, Kansas Department of
Revenue. The proponents generally stated the bill would
allow salvage vehicle dealers to more easily comply with
federal requirements regarding titles for “end of life” vehicles
and prevent additional costs and administrative burdens
associated with the sale and disposal of abandoned or towed
vehicles for which information required to obtain a title was
not obtained correctly prior to their auction.
Opponent testimony was provided by a representative
of the Kansas Motor Carriers Association, who stated the bill
would shift the time, expense, and administrative burden from
salvage dealers to the towing company or public agency
providing towing service, and many of the vehicles that would
be affected by the bill are not worth that effort and expense
from the perspective of the towing and recovery service
providers.
Written-only opponent testimony was provided by a
representative of Sunflower Tow Service.
The House Committee amended the bill to provide for
the certification of compliance procedures and remove
provisions of the bill as introduced. It also amended the
effective date to January 1, 2024.
[Note: The bill, as introduced, would have required
parties towing and storing abandoned vehicles to have such
vehicles titled prior to selling them.]
2- 2147 House Committee of the Whole
The House Committee of the Whole amended the bill to
specify the certification of compliance fee would be retained
by the entity that processed the certification.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the bill would have no
fiscal effect on the Department of Revenue.
A fiscal note on the amended bill was not available at
the time of the House Committee action on the bill.
Motor vehicles; abandoned vehicles; towed vehicles; vehicle title
3- 2147