Session of 1998
HOUSE BILL No. 2736
By Committee on Transportation
1-29
9
AN ACT relating to motor vehicles; concerning
the removal of disabled
10 vehicles; amending
K.S.A. 1997 Supp. 8-1102 and repealing the exist-
11 ing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 8-1102 is hereby amended to read as
15 follows: 8-1102. (a) (1) A person shall not
use the public highway to aban-
16 don vehicles or use the highway to leave
vehicles unattended in such a
17 manner as to interfere with public highway
operations. When a person
18 leaves a motor vehicle on a public highway
or other property open to use
19 by the public, the public agency having
jurisdiction of such highway or
20 other property open to use by the public,
after 48 eight hours or when
21 the motor vehicle interferes with public
highway operations, may remove
22 and impound the motor vehicle.
23 (2) Any motor vehicle
which has been impounded as provided in this
24 section for 30 days or more shall be
disposed of in the following manner:
25 If such motor vehicle has displayed thereon
a registration plate issued by
26 the division of vehicles and has been
registered with the division, the
27 public agency shall mail a notice by
certified mail to the registered owner
28 thereof, addressed to the address as shown
on the certificate of registra-
29 tion, and to the lienholder, if any, of
record in the county in which the
30 title shows the owner resides, if
registered in this state, stating that if the
31 owner or lienholder does not claim such
motor vehicle and pay the re-
32 moval and storage charges incurred by such
public agency on it within 15
33 days from the date of the mailing of the
notice, that it will be sold at
34 public auction to the highest bidder for
cash. The public agency shall
35 inquire by mail of the division of vehicles
the last registered owner and
36 any lienholders, if any.
37 After 15 days from date of
mailing notice, the public agency shall pub-
38 lish a notice once a week for two
consecutive weeks in a newspaper of
39 general circulation in the county where
such motor vehicle was aban-
40 doned and left, which notice shall describe
the motor vehicle by name of
41 maker, model, serial number, and owner, if
known, and stating that it has
42 been impounded by the public agency and
that it will be sold at public
43 auction to the highest bidder for cash if
the owner thereof does not claim
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1 it within 10 days of the date of the
second publication of the notice and
2 pay the removal and storage charges,
and publication costs incurred by
3 the public agency. If the motor
vehicle does not display a registration
4 plate issued by the division of
vehicles and is not registered with the
5 division, the public agency after 30
days from the date of impoundment,
6 may publish a notice in a newspaper
of general circulation in the county
7 where such motor vehicle was
abandoned and left, which notice shall
8 describe the motor vehicle by name of
maker, model, color and serial
9 number and shall state that it has
been impounded by said public agency
10 and will be sold at public auction to the
highest bidder for cash, if the
11 owner thereof does not claim it within 10
days of the date of the second
12 publication of the notice and pay the
removal and storage charges in-
13 curred by the public agency.
14 When any public agency has
complied with the provisions of this sec-
15 tion with respect to an abandoned motor
vehicle and the owner thereof
16 does not claim it within the time stated in
the notice and pay the removal
17 and storage charges and publication costs
incurred by the public agency
18 on such motor vehicle, the public agency
may sell the motor vehicle at
19 public auction to the highest bidder for
cash.
20 (3) After any sale
pursuant to this section, the purchaser may file
21 proof thereof with the division of
vehicles, and the division shall issue a
22 certificate of title to the purchaser of
such motor vehicle. All moneys
23 derived from the sale of motor vehicles
pursuant to this section, after
24 payment of the expenses of the impoundment
and sale, shall be paid into
25 the fund of the public agency which is used
by it for the construction or
26 maintenance of highways.
27 (b) Any person who
abandons and leaves a vehicle on real property,
28 other than public property or property open
to use by the public, which
29 is not owned or leased by such person or by
the owner or lessee of such
30 vehicle shall be guilty of criminal
trespass, as defined by K.S.A. 21-3721,
31 and amendments thereto, and upon request of
the owner or occupant of
32 such real property, the public agency in
whose jurisdiction such property
33 is situated may remove and dispose of such
vehicle in the manner pro-
34 vided in subsection (a), except that the
provisions of subsection (a) re-
35 quiring that a motor vehicle be abandoned
for a period of time in excess
36 of 48 eight hours
prior to its removal shall not be applicable to abandoned
37 vehicles which are subject to the
provisions of this subsection. Any person
38 removing such vehicle from the real
property at the request of such public
39 agency shall have a possessory lien on such
vehicle for the costs incurred
40 in removing, towing and storing such
vehicle.
41 (c) Whenever any motor
vehicle has been left unattended for more
42 than 48 eight hours
or when any unattended motor vehicle interferes with
43 public highway operations, any law
enforcement officer is hereby au-
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1 thorized to move such vehicle or
cause to have the vehicle moved as
2 provided in K.S.A. 8-1103 et
seq., and amendments thereto.
3
Sec. 2. K.S.A. 1997 Supp. 8-1102 is hereby repealed.
4 Sec. 3. This
act shall take effect and be in force from and after its
5 publication in the statute book.
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