Session of 1999
         
SENATE BILL No. 336
         
By Committee on Federal and State Affairs
          
2-23
          
  9             AN  ACT concerning motor vehicles; authorizing the impoundment
10             thereof under certain circumstances.
11      
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) Whenever a law enforcement officer determines that
14       a person was driving a vehicle while such person's driving privileges were
15       canceled, suspended or revoked, the law enforcement officer immediately
16       shall impound or immobilize the vehicle. The vehicle such person was
17       driving shall be impounded or immobilized for 30 days.
18             (b) Whenever a law enforcement officer orders the impoundment or
19       immobilization of a vehicle, the law enforcement officer or the law en-
20       forcement agency employing such officer shall provide the registered
21       owner of such vehicle, or such person's agent, with notice of the im-
22       poundment or immobilization. A hearing to determine the validity of, or
23       consider any mitigating circumstances attendant to, the impoundment,
24       storage or immobilization shall be held upon request of the registered
25       owner of the vehicle.
26             (c) A notice of the impoundment and immobilization shall be mailed
27       by certified mail, return receipt requested, within 72 hours of the im-
28       poundment or immobilization, excluding weekends and holidays. Such
29       notice shall include the following information:
30             (1) The name, address and telephone number of the law enforcement
31       officer or the law enforcement agency employing such officer providing
32       the notice;
33             (2) the location of the place of storage and description of the vehicle,
34       which shall include, if available, the name or make, the manufacturer, the
35       license plate number of such vehicle and the mileage registered on the
36       odometer;
37             (3) the authority and purpose for the impoundment or immobiliza-
38       tion; and
39             (4) a statement that, in order to receive a hearing, the owners, or
40       agents, shall request the hearing in person, in writing, or by telephone
41       within 10 days of the date appearing on the notice.
42             (d) The hearing shall be conducted within 48 hours of the request,
43       excluding weekends and holidays. The law enforcement agency may au-

SB 336

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  1       thorize its own officer or employee to conduct the hearing if the hearing
  2       officer is not the same person who ordered the impoundment, storage or
  3       immobilization of the vehicle.
  4             (e) The failure of either the registered owner, or such person's agent,
  5       to request or attend a scheduled hearing shall satisfy the hearing
  6       requirement.
  7             (f) The law enforcement agency employing the officer who ordered
  8       the impoundment, storage or immobilization of the vehicle shall be re-
  9       sponsible for the costs incurred if it is determined at the hearing that
10       reasonable grounds for the impoundment, storage or immobilization did
11       not exist.
12             (g) A vehicle shall be released to the registered owner prior to the
13       end of the thirty-day impoundment or immobilization period under any
14       of the following circumstances:
15             (1) The vehicle has been stolen;
16             (2) the vehicle is owned by a rental agency; and
17             (3) the vehicle is subject to a bailment.
18             (h) No vehicle shall be released except upon presentation of the reg-
19       istered owner's or agent's valid driver's license to operate the vehicle and
20       proof of vehicle registration or upon order of a court.
21             (i) The registered owner, agent or lessor shall pay all towing and stor-
22       age fees or other immobilization costs related to the seizure of the vehicle
23       before the vehicle is released. A rental car agency may require the person
24       to whom the vehicle was rented to pay all towing and storage fees or
25       immobilization costs related to the impoundment or immobilization that
26       were incurred by the rental car agency in connection with obtaining cus-
27       tody of the vehicle. 
28        Sec.  2. This act shall take effect and be in force from and after its
29       publication in the statute book.