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, 2001.
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