[As Amended by House Committee of the Whole]          

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Session of 2000
          HOUSE BILL No. 2809           By Committee on Transportation           2-2          

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10             AN  ACT relating to wrecker and towing service; concerning liens;
11             amending K.S.A. 8-1103, 8-1104 and 8-1108[, 8-1108, 60-1102 and
12             60-1103] and repealing the existing sections; also repealing K.S.A. 8-
13             1106.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 8-1103 is hereby amended to read as follows: 8-
17       1103. (a) Whenever any person providing wrecker or towing service, as
18       defined by law, while lawfully in possession of a vehicle, at the direction
19       of a law enforcement officer or the owner, renders any service to the
20       owner thereof by the recovery, transportation, protection, storage or safe-
21       keeping thereof, a first and prior lien on the vehicle is hereby created in
22       favor of such person rendering such service and the lien shall amount to
23       the full amount and value of the service rendered. The lien may be fore-
24       closed in the manner provided in this act. If the name of the owner of
25       the vehicle is known to the person in possession of such vehicle, then
26       within 15 days, notice shall be given to the owner that the vehicle is being
27       held subject to satisfaction of the lien. Any vehicle remaining in the pos-
28       session of a person providing wrecker or towing service for a period of
29       60 days after such wrecker or towing service was provided may be sold
30       to pay the reasonable or agreed charges for such recovery, transportation,
31       protection, storage or safekeeping of such vehicle and personal property
32       therein, the costs of such sale, the costs of notice to the owner of the
33       vehicle and publication as required by this act, except that any such ve-
34       hicle and personal property of a total value of less than $500 $1,000 may
35       be sold at any time, after giving the notices required by this act, unless a
36       court order has been issued to hold such vehicle for the purpose of a
37       criminal investigation or for use as evidence at a trial. If a court orders
38       any vehicle to be held for the purpose of a criminal investigation or for
39       use as evidence at a trial, then such order shall be in writing, and the
40       court shall assess as costs the reasonable or agreed charges for the pro-
41       tection, storage or safekeeping accrued while the vehicle was held pur-
42       suant to such written order. Any personal property within the vehicle
43       need not be released to the owner thereof until the reasonable or agreed

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  1       charges for such recovery, transportation or safekeeping have been paid,
  2       or satisfactory arrangements for payment have been made, except that
  3       personal medical supplies shall be released to the owner thereof upon
  4       request. The person in possession of such vehicle and personal property
  5       shall be responsible only for the reasonable care of such property. Any
  6       personal property within the vehicle not returned to the owner shall be
  7       sold at the auction authorized by this act.
  8             (b) At the time of providing wrecker or towing service, any person
  9       providing such wrecker or towing service shall give written notice to the
10       driver, if available, of the vehicle being towed that a fee will be charged
11       for storage of such vehicle. Failure to give such written notice shall in-
12       validate any lien established for such storage fee.
13             Sec.  2. K.S.A. 8-1104 is hereby amended to read as follows: 8-1104.
14       Before any such vehicle and personal property is sold, the person intend-
15       ing to sell such vehicle shall request verification from the division of ve-
16       hicles of the last registered owner and any lienholders, if any. Such ver-
17       ification request shall be submitted to the division of vehicles no less than
18       45 days nor more than 60 days after such person took possession of the
19       vehicle, except that if the value of the vehicle and personal property is
20       less than $500 $1,000, the verification request shall be submitted to the
21       division of vehicles within 60 days after such person took possession of
22       the vehicle. Notice of sale, as provided in this act, shall be mailed by
23       certified mail to any such registered owner and any such lienholders
24       within 10 days after receipt of verification of the last owner and any lien-
25       holders, if any. The person intending to sell such vehicle and personal
26       property pursuant to this act shall cause a notice of the time and place of
27       sale, containing a description of the vehicle and personal property, to be
28       published at least once each week for three consecutive weeks in a news-
29       paper published in the county where such sale is advertised to take place,
30       and if there is no newspaper published in such county, then the notice
31       shall be published in some newspaper of general circulation in such
32       county. Notices given under this section shall state that if the amount
33       due, together with storage, publication, notice and sale costs, is not paid
34       within 15 days from the date of mailing, the vehicle and personal property
35       will be sold at public auction.
36             Sec.  3. K.S.A. 8-1108 is hereby amended to read as follows: 8-1108.
37       Failure to give any notice required under the provisions of this act shall
38       invalidate any lien established under stop the imposition of storage fees,
39       until the notice provisions are complied with in accordance with the pro-
40       visions of this act.
41        [Sec.  4. K.S.A. 60-1102 is hereby amended to read as follows:
42       60-1102. (a) Filing. Any person claiming a lien on real property,
43       under the provisions of K.S.A. 60-1101, and amendments thereto,

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  1       shall file with the clerk of the district court of the county in which
  2       property is located, within four months 120 days when such property
  3       is residential property, and within 180 days when such property is other
  4       than residential property, after the date material, equipment or sup-
  5       plies, used or consumed was last furnished or last labor performed
  6       under the contract a verified statement showing:
  7             [(1) The name of the owner,
  8             [(2) the name and address sufficient for service of process of
  9       the claimant,
10             [(3) a description of the real property,
11             [(4) a reasonably itemized statement and the amount of the
12       claim, but if the amount of the claim is evidenced by a written
13       instrument, or if a promissory note has been given for the same, a
14       copy thereof may be attached to the claim in lieu of the itemized
15       statement.
16             [(b) Recording. Immediately upon the receipt of such statement
17       the clerk of the court shall index the lien in the general index by
18       party names and file number.
19             [Sec.  5. K.S.A. 60-1103 is hereby amended to read as follows:
20       60-1103. (a) Procedure. Any supplier, subcontractor or other person
21       furnishing labor, equipment, material or supplies, used or con-
22       sumed at the site of the property subject to the lien, under an
23       agreement with the contractor, subcontractor or owner contractor
24       may obtain a lien for the amount due in the same manner and to
25       the same extent as the original contractor except that:
26             [(1) The lien statement must state the name of the contractor
27       and be filed within three months 90 days when such property is resi-
28       dential property, and within 180 days when such property is other than
29       residential property, after the date supplies, material or equipment
30       was last furnished or labor performed by the claimant;
31             [(2) if a warning statement is required to be given pursuant to
32       K.S.A. 60-1103a, and amendments thereto, there shall be attached
33       to the lien statement the affidavit of the supplier or subcontractor
34       that such warning statement was properly given; and
35             [(3) a notice of intent to perform, if required pursuant to K.S.A.
36       60-1103b, and amendments thereto, must have been filed as pro-
37       vided by that section.
38             [(b) Owner contractor is defined as any person, firm or cor-
39       poration who:
40             [(1) Is the fee title owner of the real estate subject to the lien;
41       and
42             [(2) enters into contracts with more than one person, firm or
43       corporation for labor, equipment, material or supplies used or con-

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  1       sumed for the improvement of such real property.
  2             [(c) Recording and notice. When a lien is filed pursuant to this
  3       section, the clerk of the district court shall enter the filing in the
  4       general index. The claimant shall (1) cause a copy of the lien state-
  5       ment to be served personally upon any one owner and any party
  6       obligated to pay the lien in the manner provided by K.S.A. 60-304,
  7       and amendments thereto, for the service of summons within the
  8       state, or by K.S.A. 60-308, and amendments thereto, for service
  9       outside of the state, (2) mail a copy of the lien statement to any
10       one owner of the property and to any party obligated to pay the
11       same by restricted mail or (3) if the address of any one owner or
12       such party is unknown and cannot be ascertained with reasonable
13       diligence, post a copy of the lien statement in a conspicuous place
14       on the premises. The provisions of this subsection requiring that
15       the claimant serve a copy of the lien statement shall be deemed to
16       have been complied with, if it is proven that the person to be
17       served actually received a copy of the lien statement.
18             [(d) Rights and liability of owner. The owner of the real property
19       shall not become liable for a greater amount than the owner has
20       contracted to pay the original contractor, except for any payments
21       to the contractor made:
22             [(1) Prior to the expiration of the three-month time period for
23       filing lien claims as provided in subsection (a)(1), if no warning state-
24       ment is required by K.S.A. 60-1103a, and amendments thereto; or
25             [(2) subsequent to the date the owner received the warning
26       statement, if a warning statement is required by K.S.A. 60-1103a,
27       and amendments thereto.
28             [The owner may discharge any lien filed under this section which
29       the contractor fails to discharge and credit such payment against
30       the amount due the contractor.]
31        Sec.  4. [6.] K.S.A. 8-1103, 8-1104, 8-1106 and 8-1108[, 8-1108, 60-
32       1102 and 60-1103] are hereby repealed.
33        Sec.  5. [7.] This act shall take effect and be in force from and after
34       its publication in the statute book.