Session Law

Identifying Information:L. 2001 ch. 074
Other Identifying Information:2001 House Bill 2329
Tax Type:Vehicles
Brief Description:An Act concerning the division of vehicles; relating to records; amendingK.S.A. 2000 Supp. 74-2012 and repealing the existing section.
Keywords:


Body:

CHAPTER 74

HOUSE BILL No. 2329


An Act concerning the division of vehicles; relating to records; amending

K.S.A. 2000 Supp. 74-2012 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 74-2012 is hereby amended to read as

follows: 74-2012. (a) All records of the division of vehicles shall be subject

to the provisions of the open records act, except as otherwise provided

under the provisions of this section and by K.S.A. 2000 Supp. 74-2022,

and amendments thereto.

(b) All records of the division of vehicles relating to the physical or

mental condition of any person, to expungement or except as provided

further, any photographs maintained by the division of vehicles in con-

nection with the issuance of drivers' licenses shall be confidential. Pho-

tographs or digital images maintained by the division of vehicles in con-

nection with the issuance of drivers' licenses shall be available to law

enforcement agencies for use in criminal investigations criminal justice

agencies, as defined in K.S.A. 22-4701, and amendments thereto, for use

in criminal investigations or criminal proceedings. Records of the division

relating to diversion agreements for the purposes of K.S.A. 8-1567, 12-

4415 and 22-2908, and amendments thereto, shall be confidential and

shall be disclosed by direct computer access only to:

(1) A city, county or district attorney, for the purpose of determining

a person's eligibility for diversion;

(2) a municipal or district court, for the purpose of using the record

in connection with any matter before the court;

(3) a law enforcement agency, for the purpose of supplying the record

to a person authorized to obtain it under paragraph (1) or (2) of this

subsection; or

(4) an employer when a person is required to retain a commercial

driver's license due to the nature of such person's employment.

(c) Lists of persons' names and addresses contained in or derived

from records of the division of vehicles shall not be sold, given or received

for the purposes prohibited by K.S.A. 21-3914, and amendments thereto,

except that:

(1) The director of vehicles may provide to a requesting party, and a

requesting party may receive, such a list and accompanying information

from public records of the division upon written certification that the

requesting party shall use the list solely for the purpose of:

(A) Assisting manufacturers of motor vehicles in compiling statistical

reports or in notifying owners of vehicles believed to:

(i) Have safety-related defects,

(ii) fail to comply with emission standards; or

(iii) have any defect to be remedied at the expense of the manufac-

turer;

(B) assisting an insurer authorized to do business in this state, or the

insurer's authorized agent, in processing an application for, or renewal or

cancellation of, a motor vehicle liability insurance policy;

(C) assisting the selective service system in the maintenance of a list

of persons 18 to 26 years of age in this state as required under the pro-

visions of section 3 of the federal military selective service act; or

(D) assisting businesses with the verification or reporting of infor-

mation derived from the title and registration records of the division to

prepare and assemble vehicle history reports, except that such vehicle

history reports shall not include the names or addresses of any current or

previous owners.

(2) Any law enforcement agency of this state which has access to

public records of the division may furnish to a requesting party, and a

requesting party may receive, such a list and accompanying information

from such records upon written certification that the requesting party

shall use the list solely for the purpose of assisting an insurer authorized

to do business in this state, or the insurer's authorized agent, in processing

an application for, or renewal or cancellation of, a motor vehicle liability

insurance policy.

(d) If a law enforcement agency of this state furnishes information to

a requesting party pursuant to paragraph (2) of subsection (c), the law

enforcement agency shall charge the fee prescribed by the secretary of

revenue pursuant to K.S.A. 2000 Supp. 74-2022, and amendments

thereto, for any copies furnished and may charge an additional fee to be

retained by the law enforcement agency to cover its cost of providing

such copies. The fee prescribed pursuant to K.S.A. 2000 Supp. 74-2022,

and amendments thereto, shall be paid monthly to the secretary of rev-

enue and upon receipt thereof shall be deposited in the state treasury to

the credit of the electronic databases fee fund, except for the $1 of the

fee for each record required to be credited to the highway patrol training

center fund under subsection (f).

(e) The secretary of revenue, the secretary's agents or employees, the

director of vehicles or the director's agents or employees shall not be

liable for damages caused by any negligent or wrongful act or omission

of a law enforcement agency in furnishing any information obtained from

records of the division of vehicles.

(f) A fee in an amount fixed by the secretary of revenue pursuant to

K.S.A. 2000 Supp. 74-2022, and amendments thereto, of not less than $2

for each request for information in the public records of the division

concerning any vehicle or licensed driver shall be charged by the division,

except that the director may charge a lesser fee pursuant to a contract

between the secretary of revenue and any person to whom the director

is authorized to furnish information under paragraph (1) of subsection

(c), and such fee shall not be less than the cost of production or repro-

duction of any information requested. Except for the fees charged pur-

suant to a contract for title and registration records on vehicles authorized

by this subsection, $1 shall be credited to the highway patrol training

center fund for each record.

(g) The secretary of revenue may adopt such rules and regulations as

are necessary to implement the provisions of this section.

Sec. 2. K.S.A. 2000 Supp. 74-2012 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001