Session Law

Identifying Information:L. 2002 ch. 092
Other Identifying Information:2002 Senate Bill 410
Tax Type:Vehicles
Brief Description:An Act relating to the division of vehicles; concerning certain records; amendingK.S.A. 2001 Supp. 74-2012 and repealing the existing section.
Keywords:


Body:

CHAPTER 92

SENATE BILL No. 410

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

K.S.A. 2001 Supp. 74-2012 and repealing the existing section.


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

Section 1. K.S.A. 2001 Supp. 74-2012 is hereby amended to read as

follows: 74-2012. (a) (1) All motor vehicle records of the division of ve-

hicles 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.

2001 Supp. 74-2022, and amendments thereto.

(2) For the purpose of this section, ``motor vehicle records'' means

any record that pertains to a motor vehicle drivers license, motor vehicle

certificate of title, motor vehicle registration or identification card issued

by the division of vehicles.

(b) All records of the division of vehicles relating motor vehicle re-

cords which: (1) Relate to the physical or mental condition of any person,

to expungement or except as provided further, any; (2) have been ex-

punged; or (3) are photographs maintained by the division of vehicles or

digital images maintained in connection with the issuance of drivers' li-

censes shall be confidential and shall not be disclosed except in accordance

with a proper judicial order or as otherwise more specifically provided in

this section or by other law. Photographs or digital images maintained by

the division of vehicles in connection with the issuance of drivers' licenses

shall be available to criminal justice agencies, as defined in K.S.A. 22-

4701, and amendments thereto, for use in criminal investigations or crim-

inal proceedings. Motor vehicle records of the division relating to diver-

sion agreements for the purposes of K.S.A. 8-1567, 12-4415 and 22-2908,

and amendments thereto, shall be confidential and shall not be disclosed

except in accordance with a proper judicial order or by direct computer

access only to:

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

a person's eligibility for diversion or to determine the proper charge for

a violation of K.S.A. 8-1567, and amendments thereto, or any ordinance

of a city or resolution of a county in this state which prohibits any acts

prohibited by K.S.A. 8-1567, and amendments thereto;

(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 motor vehicle 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 motor vehicle records upon written

certification that the requesting party shall use the list solely for the pur-

pose 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 any federal, state or local agency, including any court

or law enforcement agency, or any private person acting on behalf of such

agencies in carrying out the functions required of such governmental

agency, except that such records shall not be redisclosed; or

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

formation 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 motor vehicle records may furnish to a

requesting party, and a requesting party may receive, such a list and ac-

companying 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 author-

ized 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. 2001 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. 2001 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

motor vehicle records of the division of vehicles.

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

K.S.A. 2001 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 full or partial motor vehicle

record shall be charged by the division, except that the director may

charge a lesser fee pursuant to a contract between the secretary of rev-

enue and any person to whom the director is authorized to furnish infor-

mation under paragraph (1) of subsection (c), and such fee shall not be

less than the cost of production or reproduction of any information full

or partial motor vehicle record requested. Except for the fees charged

pursuant to a contract for title and registration motor vehicle records on

vehicles authorized by this subsection pertaining to motor vehicle titles

or motor vehicle registrations or pursuant to subsection (c)(1)(D), $1 shall

be credited to the highway patrol training center fund for each record

motor vehicle record provided by the division of vehicles.

(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. 2001 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 24, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002