8-116a. Vehicle identification number; check of assembled vehicles by highway patrol; original Kansas certificates of title on out-of-state vehicles; check by designee or employee of new vehicle deale
8-116a
8-116a. Vehicle identification number; check of
assembled vehicles by
highway patrol; original Kansas certificates of title on out-of-state
vehicles; check by designee or employee of new vehicle dealer, when; fees and
disposition thereof.
(a) Except as provided in K.S.A. 8-170, and amendments thereto, when an
application is made for a vehicle which has been
assembled, reconstructed, reconstituted or restored from one or more vehicles,
or the
proper identification number of a vehicle
is in doubt, the procedure in this section shall be
followed. The owner of the vehicle shall request the Kansas highway patrol
to check the vehicle and the highway patrol shall within a reasonable period
of time perform such vehicle check. At the time of such check the owner
shall
supply the highway patrol with information concerning the history of the
various parts of the vehicle. Such information shall be supplied by
affidavit of the owner, if so requested by the highway patrol. If the
highway patrol is satisfied that the vehicle
contains no stolen parts, it
shall assign an existing or new identification number to the vehicle and
direct the places and manner in which the identification number is to be
located and affixed or implanted.
A charge of $10 per hour or part thereof,
with a minimum charge of $10, shall be made to the owner of a vehicle
requesting
check under this subsection, and such charge shall be paid prior
to the check under this section.
When a check has been made under subsection (b), not more than 60 days
prior to a check of the same vehicle identification number, requested by
the owner of the vehicle to obtain a regular certificate of title in lieu
of a nonhighway certificate of title or obtain a rebuilt salvage title in
lieu of a salvage title, no charge shall be made for such second
check.
(b) Any person making
application for any original Kansas title for a used vehicle which, at
the time of making application, is titled in another jurisdiction, as a
condition precedent to obtaining any Kansas title, shall have such vehicle
checked by the Kansas highway patrol for verification that the vehicle
identification number shown on the foreign title is genuine and agrees with
the identification number on the vehicle. Checks under this section may
include inspection for possible violation of K.S.A.
21-3757, and amendments
thereto, or other evidence of possible fraud. The verification shall be
made
upon forms prescribed by the division of vehicles which shall contain such
information as the secretary of revenue shall require by rules and
regulations. A charge of $10 per hour or part thereof, with a minimum
charge of $10, shall
be made for checks under this subsection. When a vehicle is registered
in another state, but is financed by a Kansas financial institution and is
repossessed in another state and such vehicle will not be returned to
Kansas, the check required by this subsection (b) shall not be required to
obtain a valid Kansas title or registration.
(c) As used in this act, "identification number" or "vehicle
identification number" means an identifying number, serial number, engine
number, transmission number or other distinguishing number or mark, placed
on a vehicle, engine, transmission or other essential part by its
manufacturer or by authority of the division of vehicles or the Kansas
highway patrol or in accordance with the laws of another state or country.
(d) The checks made under subsection (b) may be made by:
(1) A designee of
the superintendent of the Kansas highway patrol; or
(2) an employee of a new vehicle dealer, as defined in subsection (b) of
K.S.A. 8-2401, and amendments thereto, for the purposes provided for in
subsection (f). For checks made
by a designee, $1 of
each charge shall be remitted to the Kansas highway patrol and the balance
of such charges shall
be retained by such designee. When a check is made under either subsection
(a) or (b) by personnel of the Kansas highway patrol or when a check is made
under subsection (b) by an employee of a new vehicle dealer,
the entire amount of the charge therefor shall be paid to the highway patrol.
(e) There is hereby created the vehicle identification number fee fund.
The Kansas highway patrol shall remit all moneys received by the Kansas
highway patrol from fees collected under subsection (d) to the state treasurer
in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the state
treasurer
shall deposit the entire amount in the state treasury to the credit of the
vehicle identification number fee fund. All expenditures from the vehicle
identification number fee fund shall be made in accordance with appropriations
acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the superintendent of the Kansas highway patrol
or by a person or persons designated by the superintendent.
(f) An employee of a new vehicle dealer, who has received initial training
and certification from
the highway patrol, and has met continuing certification requirements, in
accordance with rules and regulations adopted by the superintendent of the
highway patrol, may provide the checks under
subsection (b), in accordance with rules and regulations adopted by the
superintendent of the highway patrol, on motor vehicles repurchased or
reacquired by a manufacturer,
distributor or financing subsidiary of such manufacturer and which are
purchased by the new vehicle dealer. At any time, after a hearing in
accordance with the provisions of the
Kansas administrative procedure act, the superintendent of the highway patrol
may revoke, suspend, decline to renew or decline to issue certification for
failure to comply with
the provisions of this subsection, including any rules and regulations.
History: L. 1984, ch. 25, § 11;
L. 1985, ch. 40, § 2;
L. 1985, ch. 41, § 1;
L. 1987, ch. 41, § 1;
L. 1998, ch. 140, § 6;
L. 2000, ch. 73, § 2;
L. 2001, ch. 5, § 24;
L. 2002, ch. 190, § 1; July 1.