Brief ⁽¹⁾

SB 283 requires cities and counties which impound a motor vehicle to give notice of the impoundment to the owner of the vehicle and to any interest holder who has an interest in the vehicle.

The notice required must be in writing and shall contain: a general description of the motor vehicle impounded; the date and place where the impoundment occurred; the name of the impounding agency; and the name, address, and telephone number of the impounding officer or other person or agency from whom information about the impoundment may be obtained.

The notice must be given within seven days of the date of the impoundment. No fee of any kind shall be charged to or collected from anyone for storage or impoundment of a motor vehicle for more than seven calendar days unless notice has been given as required.

Background

The bill was requested by Senator Huelskamp. He said a used car dealer in his district was notified of a car in which she was a lienholder being impounded 45 days after the impoundment. The storage fees exceeded the value of the used car. Local authorities had seized the vehicle after suspecting the owner was in possession of narcotics.

The Kansas Standard Asset Seizure and Forfeiture Act requires notice be given of impounded vehicles within a "reasonable" time. Notice for vehicles impounded after being abandoned on a highway must be given before the vehicle is sold. Sale proceedings may not commence until 30 days after impoundment.

The bill has no fiscal impact on the state. The Kansas Association of Counties estimated the bill would increase costs for counties but the amount could not be determined.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi