Volume 41 - Issue 13 - March 31, 2022

(Published in the Kansas Register March 31, 2022.)

House Bill No. 2594

An Act concerning motor vehicles; relating to vehicle identification numbers; exempting certain modifications on antique vehicles from vehicle identification number offense seizures and dispositions; amending K.S.A. 2021 Supp. 8-116 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2021 Supp. 8-116 is hereby amended to read as follows: 8-116. (a) It is unlawful to sell, barter or exchange any motor vehicle, trailer or semitrailer, the original vehicle identification number of which has been destroyed, removed, altered or defaced, except as contemplated by K.S.A. 8-116a, and amendments thereto, when no part of the motor vehicle, trailer or semitrailer has been stolen and a vehicle identification number has been assigned to the motor vehicle according to law. Violation of this subsection (a) is a severity level 10, nonperson felony.

(b) It is unlawful to knowingly own or have the custody or possession of a motor vehicle, trailer or semitrailer, the original vehicle identification number of which has been destroyed, removed, altered or defaced, except as contemplated by K.S.A. 8-116a, and amendments thereto, when no part of the motor vehicle, trailer or semitrailer has been stolen and a vehicle identification number has been assigned to the motor vehicle according to law. Violation of this subsection (b) is a class C nonperson misdemeanor.

(c) Any person who shall destroy, remove, alter or deface any vehicle identification number, except as contemplated by K.S.A. 8-116a, and amendments thereto, when no part of the motor vehicle, trailer or semitrailer has been stolen, is guilty of a severity level 10, nonperson felony.

(d) Every law enforcement officer in this state having knowledge of a motor vehicle, trailer or semitrailer, the vehicle identification number of which has been destroyed, removed, altered or defaced, shall seize and take possession of such motor vehicle, trailer or semitrailer.

(e) Every motor vehicle, trailer or semitrailer, the vehicle identification number of which has been destroyed, removed, altered or defaced, which and that has been seized under this section is an article of contraband and the provisions of K.S.A. 22-2512, and amendments thereto, shall apply.

(f) No law enforcement agency or employee of such agency acting within the scope of employment shall be liable for damages resulting from the adoption or enforcement of any policy adopted under this section.

(g) The provisions of this section shall not apply when a person removes and reinstalls a manufacturer’s serial number or a vehicle identification number on an antique vehicle, as defined in K.S.A. 2021 Supp. 8-166, and amendments thereto, if:

(1) The removal and reinstallation are reasonably necessary for the repair or restoration of the antique vehicle;

(2) the person completing the repair or restoration of the antique vehicle reinstalls the manufacturer’s serial number or vehicle identification number immediately after the repair or restoration is complete; and

(3) the person does not know and has no reason to know that the antique vehicle is stolen.

Sec. 2. K.S.A. 2021 Supp. 8-116 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.

Doc. No. 049987