Sale of a Towed Vehicle; Counterfeit Airbags; Vehicle Ground Effect Lighting; HB
2147
HB 2147 creates and amends law to change procedures regarding purchase of a vehicle
that had been towed. It also would amends the Uniform Act Regulating Traffic on Highways to
add law to prohibit counterfeit airbags and to amend law to authorize certain ground effect
lighting on vehicles.
Selling an Abandoned or Towed Vehicle
The bill would creates law to require 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, beginning January 1, 2024.
The certification of compliance wouldwill 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 requires 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 specifiesy the fee could be passed
on to a purchaser or the vehicle’s original owner upon reclamation.
The bill would amends statutes regarding sale of a vehicle that has been abandoned or
towed to require a notice to the owner or lienholder of a towed vehicle to be mailed within 15
calendar days, rather than 10 days, after receipt of verification of the last owner and any
lienholders.
The bill would also makes conforming amendments to continuing law.
Counterfeit Airbags
The bill would creates the crime of knowingly or intentionally manufacturing, importing,
distributing, selling, offering for sale, installing, or reinstalling a device intended to replace a
supplemental restraint system component in a vehicle if the device is counterfeit, a
nonfunctional airbag, or an object not designed in accordance with federal safety regulations for
the make, model, and year of the vehicle.
VThe violation willould be a class A nonperson misdemeanor.
The bill would defines four terms:
●“Airbag,” to mean an inflatable occupant restraint system device that is part of a
supplemental restraint system in a vehicle;
Kansas Legislative Research Department 1 2023 Summary of Legislation ●“Counterfeit supplemental restraint system component,” to mean a replacement
component displaying a mark identical or substantially similar to the genuine
mark of a motor vehicle manufacturer or parts supplier without authorization from
that manufacturer or supplier;
●“Nonfunctional airbag,” to mean a replacement airbag that was previously
deployed or damaged, has an electric fault that is detected by the vehicle’s
diagnostic systems, includes a part or object installed in the vehicle to mislead
the owner into believing that a functional airbag has been installed, or is an
airbag prohibited by federal law; and
●“Supplemental restraint system,” to mean a passive inflatable vehicle occupant
crash protection system designed for use in conjunction with active restraint
systems (i.e., seat belts) that includes each airbag, installed according to the
vehicle manufacturer’s design, and all components required to ensure the airbag
operates as designed and meeting federal safety standards.
The bill would adds these provisions to the Uniform Act Regulating Traffic on Highways.
Ground Effect Lighting
The bill would authorizes equipping a motor vehicle with any type of ground effect
lighting rather than only neon ground effect lighting, as authorized by current law. The bill would
makes conforming amendments to specify that no portion of the bulb or lighting fixture, rather
than neon tubes, canould be visible and would makes conforming amendments to the definition
of “ground effect lighting,” which is lighting that illuminates the ground below the vehicle.
Kansas Legislative Research Department 2 2023 Summary of Legislation