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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