reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,155 Commercial driver's license drive test fees; disposition and use of moneys.

8-2,155. Commercial driver's license drive test fees; disposition and use of moneys.
The division of vehicles shall remit the commercial driver's license drive test fees received by the division under K.S.A. 8-240(a)(1), and amendments thereto, 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 and credit such fees to the commercial driver's license drive test fee fund. Moneys credited to the commercial driver's license drive test fee fund as provided herein shall be used to supplement existing appropriations and shall not be used to supplant general fund or other special revenue fund appropriations to the Kansas department of revenue.
History:
L. 2015, ch. 47, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,156 Hazardous materials endorsement; exception.

8-2,156. Hazardous materials endorsement; exception.
Any person driving under a commercial class A license shall not be required to obtain a hazardous materials endorsement pursuant to 49 C.F.R. § 383 if the person is:
(a) Acting within the scope of the license holder's employment as an employee of a custom harvester operation; and
(b) is operating a service vehicle that is: (1) Transporting diesel in a quantity of 3,785 liters, 1,000 gallons or less; and (2) clearly marked with a "flammable" or "combustible" placard, as appropriate.
History:
L. 2016, ch. 29, § 1; April 21.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 2 - Drivers' Licenses › 8-2,157 Commercial driver's licenses; training in human trafficking identification and prevention required; approval by attorney general; rules and regulations.

8-2,157. Commercial driver's licenses; training in human trafficking identification and prevention required; approval by attorney general; rules and regulations.
On and after July 1, 2018, an applicant for issuance or renewal of a commercial driver's license, prior to such issuance or renewal, shall complete training approved by the attorney general in human trafficking identification and prevention and provide satisfactory proof of such completion to the division of vehicles of the department of revenue prior to such issuance or renewal. Not later than January 1, 2019, the attorney general shall, in consultation with the director of vehicles, promulgate rules and regulations to implement the provisions of this section.
History:
L. 2017, ch. 78, § 4; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 3 - Publicly Owned Motor Vehicles › 8-301 Private use forbidden.

8-301.
Private use forbidden.
No person or employee of the state or county or any governmental subdivision shall operate or drive or cause to be operated or driven any state, county or other publicly owned automobile, automobile bus, motor bus, or other motor vehicle for private use or for private business or for pleasure.
History:
L. 1933, ch. 174, § 1; March 7.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 3 - Publicly Owned Motor Vehicles › 8-303 Enforcement of act.

8-303.
Enforcement of act.
It is hereby made the duty of every sheriff, deputy sheriff, and every and all other law-enforcement officers of any county, city or township in this state to enforce the provisions of this act.
History:
L. 1933, ch. 174, § 3; March 7.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 3 - Publicly Owned Motor Vehicles › 8-304 Marking of vehicles of political subdivisions; vehicle defined.

8-304. Marking of vehicles of political subdivisions; vehicle defined.
As used in this act, "vehicle" means a passenger motor vehicle having a seating capacity of less than eight (8) persons and which is the property of a political subdivision of the state of Kansas.
History: L. 1951, ch. 119, § 1; L. 1972, ch. 29, § 15; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 3 - Publicly Owned Motor Vehicles › 8-305 Same; how marked; exceptions.

8-305. Same; how marked; exceptions.
All motor vehicles owned or leased by any political subdivision of the state of Kansas shall bear the name of the political subdivision owning or leasing such vehicle plainly printed on both sides thereof. This act shall not apply to the following:
(a) Municipal fire apparatus, police patrols and ambulances;
(b) passenger vehicles used by plain clothes police officers, county or district attorney investigators or community corrections personnel working in the employ of any political subdivision; and
(c) motor vehicles owned or leased by any municipal university.
History:
L. 1951, ch. 119, § 2; L. 1970, ch. 53, § 1; L. 1972, ch. 29, § 16; L. 1982, ch. 43, § 1; L. 1990, ch. 46, § 1; L. 1996, ch. 64, § 1; L. 2011, ch. 77, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 3 - Publicly Owned Motor Vehicles › 8-306 Same; operation or control of unmarked vehicle; removal of officer or employee from office.

8-306.
Same; operation or control of unmarked vehicle; removal of officer or employee from office.
Any officer or employee of any political subdivision who operates or has under control any vehicle not lettered or numbered as required by this act or who violates any of the other provisions of this act shall be deemed guilty of malfeasance in office and shall be subject to removal from office or employment.
History: L. 1951, ch. 119, § 3; L. 1972, ch. 29, § 17; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 4 - Process Against Nonresidents › 8-401 Service of process against nonresidents or their representatives; definitions.

8-401.
Service of process against nonresidents or their representatives; definitions.
(a) As used in this act, each of the following words and terms, unless the context clearly requires otherwise, shall have the meaning respectively ascribed to it in this section:
(1) "Nonresident" or "nonresident person" shall mean: (A) A person who is a nonresident of this state; (B) a person who is a resident of this state and who departs from this state subsequent to the accident or collision from which the action or proceeding against such person or a representative of such person arose and remains absent from this state for thirty (30) days continuously, whether such absence is intended to be temporary or permanent; (C) a person who at the time of the accident or collision from which the action or proceeding arose was a resident of this state but who has subsequently thereto become a nonresident of this state;
(2) "representative" shall have the meaning respectively ascribed to it in subsection (1) of K.S.A. 59-102.
(b) The acceptance by a nonresident person of the rights and privileges conferred by existing laws to operate motor vehicles on the public highways of the state of Kansas, or the operation by a nonresident person, or an authorized chauffeur of such nonresident, or agent, of a motor vehicle on the said highways, other than under said laws, shall be deemed equivalent to an appointment by such nonresident of the secretary of state of the state of Kansas, or the secretary's successor in office, to be such nonresident's true and lawful agent, upon whom may be served all lawful process in any action or proceeding against said nonresident or a representative of said nonresident growing out of any accident or collision in which said motor vehicle may be involved, while same is operated in the state of Kansas by said nonresident, or by an authorized chauffeur of said nonresident or agent; and said acceptance or operation of said vehicle shall be a signification of agreement that any such process which is so served on the secretary of state shall be of the same legal force and validity as if served upon said nonresident or a representative of said nonresident personally within the state.
History:
L. 1935, ch. 72, § 1; L. 1959, ch. 50, § 1; L. 1961, ch. 54, § 1; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 4 - Process Against Nonresidents › 8-403 Consent to personal service of process by acceptance of title or registration certificate by resident of state; additional method for serving process.

8-403.
Consent to personal service of process by acceptance of title or registration certificate by resident of state; additional method for serving process.
The acceptance by a resident of this state of a certificate of title or ownership or a certificate of registration or any renewal thereof, issued under the motor vehicle laws of this state, shall constitute the consent by the person that personal service of lawful process may be made upon the person at any place where he or she may be found, whether or not the person is then a resident of this state, with the same force and effect as though served within this state, in any action or proceeding brought in the courts of this state against such person arising in this state out of the ownership or operation of the vehicle. This section provides, and shall be construed as providing for an additional method for the serving of process in those cases to which it is applicable; and it shall not be construed as repealing or superseding any other existing law relating to the serving of process.
History:
L. 1961, ch. 54, § 3; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 4 - Process Against Nonresidents › 8-404 Consent to personal service of process by acceptance of operator's or chauffeur's license by resident of state; additional method for serving process.

8-404.
Consent to personal service of process by acceptance of operator's or chauffeur's license by resident of state; additional method for serving process.
The acceptance or retention by a resident of this state of an operator's or chauffeur's license issued pursuant to the operators' and chauffeurs' license act of this state, shall constitute the consent of the person that personal service of process may be made upon the person at any place where he or she may be found and whether or not the person is then a resident of this state, with the same force and effect as if served within this state, in any action or proceeding brought in the courts of this state against such person arising in this state out of his or her driving a motor vehicle upon a highway in this state. This section provides, and shall be construed as providing for an additional method for the serving of process in those cases to which it is applicable; and it shall not be construed as repealing or superseding any other existing law relating to the serving of process.
History:
L. 1961, ch. 54, § 4; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 4 - Process Against Nonresidents › 8-405 Invalidity of part.

8-405.
Invalidity of part.
If any section or part of a section of this act shall be held unconstitutional by any court, it shall be conclusively presumed that the legislature would have passed this act without such invalid section or part of a section, and the remaining provisions shall be given full force and effect, as if the part held unconstitutional had not been included herein.
History:
L. 1961, ch. 54, § 5; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-601 Definition of words and phrases.

8-601.
Definition of words and phrases.
The following words and phrases when used in this act shall, for the purpose of this act, have the meanings respectively ascribed to them in this section:
Person. The term "person" shall mean any individual or individuals, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors.
Manufacturer. The term "manufacturer" shall mean any person, firm, corporation, partnership or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles and other specific commodities.
Dealer. The term "dealer" shall mean any person, firm, association or corporation or other organization of any kind, character or nature regularly engaged or intending to engage in the business of selling motor vehicles and other specific commodities at retail within this state.
Financing. The term "financing" shall include the buying, selling, assigning or dealing in conditional sales contracts, chattel mortgages or leases arising out of the retail sale of motor vehicles and other specific commodities.
Motor vehicle. The term "motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
Commodities. The term "commodities" means manufactured articles offered for sale to the general public.
Specific commodities. The term "specific commodities" means commodities identified and agreed upon at the time a contract to sell, or a sale, is made.
History:
L. 1937, ch. 166, § 1; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-602 Free competition.

8-602.
Free competition.
It hereby is declared to be the policy of this state that free and unrestricted competition shall prevail in the business of financing the purchase or sale of motor vehicles and other specific commodities.
History:
L. 1937, ch. 166, § 2; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-603 Certain financing agreements declared void.

8-603.
Certain financing agreements declared void.
It shall be unlawful for any manufacturer to sell or enter into a contract to sell any motor vehicle or vehicles or other specific commodities to any dealer on the condition or under an agreement, either express or implied, that such dealer shall finance the purchase or sale of any such motor vehicle or vehicles or other specific commodities only with or through a designated person, and any such condition, agreement or understanding hereby is declared to be void and against the public policy of this state.
History:
L. 1937, ch. 166, § 3; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-604 Same; prima facie evidence of sale prohibited under K.S.A. 8-603.

8-604.
Same; prima facie evidence of sale prohibited under K.S.A. 8-603.
Any threat, expressed or implied, made directly or indirectly to any dealer by any manufacturer, or by any person who is engaged in the business of financing the purchase or sale of motor vehicles or other specific commodities and is affiliated with or controlled by any manufacturer, that such manufacturer will cease to sell, or will terminate or refuse to enter into a contract to sell motor vehicles or such other specific commodities to such dealer unless such dealer finances the purchase or sale of any such motor vehicle or vehicles or such other specific commodities only with or through a designated person, shall be presumed to be made at the direction of and with the authority of such manufacturer and shall be prima facie evidence of the fact that such manufacturer has sold or intends to sell such motor vehicle or vehicles or other specific commodities on the condition or under the agreement prohibited in K.S.A. 8-603.
History:
L. 1937, ch. 166, § 4; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-605 Duty of attorney general or county attorney.

8-605.
Duty of attorney general or county attorney.
For a violation of any of the provisions of this act by any corporation or association mentioned herein, it shall be the duty of the attorney general or the county attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the state.
History:
L. 1937, ch. 166, § 5; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-606 Violations by foreign corporations and associations; injunction; revocation of license.

8-606.
Violations by foreign corporations and associations; injunction; revocation of license.
Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in this state, violating any of the provisions of this act, is hereby denied the right and prohibited from doing any business in this state, and it shall be the duty of the attorney general to enforce this provision by bringing proper proceedings by injunction or otherwise. The secretary of state shall be authorized to revoke the license of any such corporation or association heretofore authorized by the secretary to do business in this state, after final judgment.
History:
L. 1937, ch. 166, § 6; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-607 Penalty for violating K.S.A. 8-601 through 8-610.

8-607.
Penalty for violating K.S.A. 8-601 through 8-610.
Any person who shall violate any of the provisions of this act, and any employee, agent or officer of any such person who shall participate, in any manner, in making, enforcing or performing, or in aiding or abetting, in the performance of any such contract, condition, agreement or understanding, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished for each offense by a fine of not less than $100 nor more than $5,000 or by imprisonment in the custody of the secretary of corrections for not less than one year nor more than five years, or by both such fine and imprisonment.
History:
L. 1937, ch. 166, § 7; L. 1990, ch. 309, § 4; May 24.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-608 Damage actions.

8-608.
Damage actions.
In addition to the penalties herein provided, any person who is injured in business or property by any other person or corporation or association or partnership, by reason of any thing forbidden or declared to be unlawful by this act, may sue therefor in any court, having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twofold the damages sustained, and the costs of suit. Whenever it shall appear to the court before which any proceedings under this act are pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending, or not.
History:
L. 1937, ch. 166, § 8; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-609 Contracts and agreements in violation deemed void.

8-609.
Contracts and agreements in violation deemed void.
Any contract or agreement in violation of the provisions of this act shall be absolutely void and shall not be enforceable either in law or equity.
History:
L. 1937, ch. 166, § 9; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 6 - Fair Trade › 8-610 Invalidity of part.

8-610.
Invalidity of part.
If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act.
History:
L. 1937, ch. 166, § 10; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1004 Same; additional test by own physician; effect of denial.

8-1004.
Same; additional test by own physician; effect of denial.
Without limiting or affecting the provisions of K.S.A. 8-1001, and amendments thereto, the person tested shall have a reasonable opportunity to have an additional test by a physician of the person's own choosing. In case the officer refuses to permit such additional testing, the testing administered pursuant to K.S.A. 8-1001, and amendments thereto, shall not be competent in evidence.
History:
L. 1955, ch. 61, § 4; L. 1985, ch. 48, § 6; L. 1985, ch. 50, § 3; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1005 Evidence; test results admissible in prosecutions; weight to be given evidence.

8-1005.
Evidence; test results admissible in prosecutions; weight to be given evidence.
Except as provided by K.S.A. 8-1012, and amendments thereto, in any criminal prosecution for violation of the laws of this state relating to operating or attempting to operate a vehicle while under the influence of alcohol or drugs, or both, or the commission of vehicular homicide or manslaughter while under the influence of alcohol or drugs, or both, or in any prosecution for a violation of a city ordinance relating to the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant's blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:
(a) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol, or both alcohol and drugs.
(b) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol to a degree that renders the person incapable of driving safely.
(c) If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapable of safely driving a vehicle, that fact may be considered to determine if the defendant was under the influence of drugs, or both alcohol and drugs, to a degree that renders the defendant incapable of driving safely.
History: L. 1955, ch. 279, § 1; L. 1967, ch. 60, § 2; L. 1970, ch. 51, § 3; L. 1973, ch. 42, § 1; L. 1976, ch. 49, § 1; L. 1982, ch. 144, § 4; L. 1985, ch. 48, § 7; L. 1986, ch. 40, § 4; L. 1986, ch. 41, § 1; L. 1988, ch. 47, § 15; L. 1993, ch. 259, § 16; L. 1993, ch. 291, § 269; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1006 Same; submission of other evidence; preservation of samples not required.

8-1006.
Same; submission of other evidence; preservation of samples not required.
(a) The provisions of K.S.A. 8-1005, and amendments thereto, shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both.
(b) Nothing in this act shall require any samples of blood, breath or urine to be preserved for or furnished to the person for independent testing.
History:
L. 1955, ch. 279, § 2; L. 1985, ch. 48, § 8; L. 1985, ch. 50, § 4; L. 1986, ch. 40, § 5; L. 1988, ch. 47, § 16; L. 1994, ch. 319, § 3; May 19.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1007 Same; act supplemental; invalidity of part.

8-1007.
Same; act supplemental; invalidity of part.
This act shall be construed as supplemental to existing legislation; and if any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History:
L. 1955, ch. 279, § 3; June 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1009 Determination by prosecuting attorney of whether diversion agreement to be allowed.

8-1009. Determination by prosecuting attorney of whether diversion agreement to be allowed.
(a) Upon the filing of a first complaint, indictment or information alleging a person has violated K.S.A. 8-1567, and amendments thereto, or a county resolution which prohibits the acts prohibited by that statute, and prior to conviction thereof, the district attorney or county attorney shall determine whether the defendant shall be allowed to enter into a diversion agreement in accordance with this act.
(b) Upon the filing of a first complaint, citation or notice to appear alleging a person has violated a city ordinance which prohibits the acts prohibited by K.S.A. 8-1567, and amendments thereto, and prior to conviction thereof, the city attorney shall determine whether the defendant shall be allowed to enter into a diversion agreement in accordance with this act*.
History:
L. 1982, ch. 144, § 11; L. 2011, ch. 105, § 11; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1010 Severability.

8-1010.
Severability.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History:
L. 1982, ch. 144, § 21; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1011 Immunity from liability for damage to vehicle operated by or in control of person arrested or in custody.

8-1011.
Immunity from liability for damage to vehicle operated by or in control of person arrested or in custody.
A law enforcement officer, and the state or any political subdivision of the state that employs a law enforcement officer, arresting or taking custody of a person for any offense involving the operation of or attempt to operate a vehicle while under the influence of alcohol or drugs, or both, shall have immunity from any civil or criminal liability for the care and custody of the vehicle that was being operated by or was in the physical control of the person arrested or in custody if the law enforcement officer acts in good faith and exercises due care.
History:
L. 1985, ch. 48, § 5; L. 1993, ch. 259, § 3; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1012 Preliminary screening test of breath or oral fluid; request by officer, reasonable suspicion; use of results of test; additional tests; approved devices.

8-1012. Preliminary screening test of breath or oral fluid; request by officer, reasonable suspicion; use of results of test; additional tests; approved devices.
(a) A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this state to submit to a preliminary screening test of the person's breath or oral fluid, or both, if the officer has reasonable suspicion to believe the person has been operating or attempting to operate a vehicle while under the influence of alcohol or drugs or both alcohol and drugs.
(b) If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 8-1001, and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action concerning the operation of or attempted operation of a vehicle except to aid the court or hearing officer in determining a challenge to the validity of the arrest or the validity of the request to submit to a test pursuant to K.S.A. 8-1001, and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to K.S.A. 8-1001, and amendments thereto.
(c) Any preliminary screening of a person's breath shall be conducted with a device approved pursuant to K.S.A. 65-1,107, and amendments thereto. Any preliminary screening of a person's oral fluid shall be conducted in accordance with rules and regulations, if any, approved pursuant to K.S.A. 75-712h, and amendments thereto.
History:
L. 1986, ch. 40, § 1; L. 1993, ch. 259, § 4; L. 2005, ch. 172, § 3; L. 2006, ch. 173, § 2; L. 2006, ch. 211, § 1; L. 2011, ch. 105, § 12; L. 2012, ch. 172, § 14; L. 2019, ch. 13, § 2; April 18.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1017 Circumvention of ignition interlock device; penalty.

8-1017. Circumvention of ignition interlock device; penalty.
(a) No person shall:
(1) Tamper with an ignition interlock device, circumvent it or render it inaccurate or inoperative;
(2) request or solicit another to blow into an ignition interlock device, or start a motor vehicle equipped with such device, providing an operable motor vehicle to a person whose driving privileges have been restricted to driving a motor vehicle equipped with such device;
(3) blow into an ignition interlock device, or start a motor vehicle equipped with such device, providing an operable motor vehicle to a person whose driving privileges have been restricted to driving a motor vehicle equipped with such device; or
(4) operate a vehicle not equipped with an ignition interlock device while such person's driving privileges have been restricted to driving a motor vehicle equipped with such device.
(b) Violation of this section is a class A, nonperson misdemeanor.
(c) In addition to any other penalties provided by law:
(1) (A) On a first conviction of a violation of subsection (a)(1) or (a)(2), the division shall extend the ignition interlock restriction period on the person's driving privileges for an additional 90 days; and
(B) on a second or subsequent conviction of a violation of subsection (a)(1) or (a)(2), the division shall restart the original ignition interlock restriction period on the person's driving privileges; and
(2) on a conviction of a violation of subsection (a)(4), the division shall restart the original ignition interlock restriction period on the person's driving privileges.
History:
L. 1988, ch. 48, § 2; L. 1994, ch. 353, § 12; L. 2011, ch. 105, § 16; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1019 Victim impact statement and restitution requirements.

8-1019.
Victim impact statement and restitution requirements.
(a) As used in this section, "alcohol or drug-related offense" means: (1) A violation of K.S.A. 8-1567, and amendments thereto, or any ordinance of a city or resolution of a county prohibiting the acts prohibited by that statute; or (2) any other offense arising out of the operation or attempted operation of a motor vehicle while under the influence of alcohol or drugs, or both.
(b) Prior to the sentencing of a person convicted of an alcohol or drug-related offense which resulted in serious bodily injury to a person or the death of a person, the court shall cause reasonable attempts to be made to notify the victim or the victim's family, who shall be given an opportunity to make a victim impact statement as to the impact of the offense on the victim's life or the lives of the victim's family members.
(c) Any court sentencing a person convicted of an alcohol or drug-related offense which resulted in personal injury to a person, the death of a person or injury to a person's property may require, in addition to any other penalty provided by law, that the convicted person pay restitution as a condition of probation or parole.
History:
L. 1988, ch. 47, § 4; L. 1994, ch. 319, § 5; May 19.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1021 Impoundment of motor vehicle for K.S.A. 8-1567 violation; failure to pay fees or take repossession; disposition of vehicle.

8-1021.
Impoundment of motor vehicle for K.S.A. 8-1567 violation; failure to pay fees or take repossession; disposition of vehicle.
If the owner of a motor vehicle which has been impounded pursuant to K.S.A. 8-1567 or K.S.A. 8-1022, and amendments thereto, refuses to pay any towing, impoundment, storage or other fees relating to the impoundment or immobilization of such vehicle or fails to take possession of such vehicle within 30 days following the date of the expiration of the impoundment period, such vehicle shall be deemed abandoned and the vehicle may be disposed of by the person having possession of such vehicle. If the person having possession of such vehicle is a public agency, disposition of such vehicle shall be in compliance with the procedures for notice and public auction provided by paragraph (2) of subsection (a) of K.S.A. 8-1102, and amendments thereto. If the person having possession of such vehicle is not a public agency, disposition of such vehicle shall be in compliance with K.S.A. 8-1103 through 8-1108, and amendments thereto.
History:
L. 2003, ch. 100, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1022 Permitting driving in violation of K.S.A. 8-1014; penalties.

8-1022. Permitting driving in violation of K.S.A. 8-1014; penalties.
(a) It shall be unlawful for the owner of a motor vehicle to allow a person to drive such vehicle when such owner knows or reasonably should have known such person was driving in violation of K.S.A. 8-1014, and amendments thereto.
(b) Violation of this section is an unclassified misdemeanor punishable by a fine of not less than $500 nor more than $1,000. In addition to the fine imposed upon a person convicted of a violation of this section, the court may order that the convicted person's motor vehicle or vehicles be impounded or immobilized for a period not to exceed one year and that the convicted person pay all towing, impoundment and storage fees or other immobilization costs. Prior to ordering the impoundment or immobilization of any such motor vehicle, the court shall consider the factors established in subsection (g) of K.S.A. 8-1567, and amendments thereto. Any personal property in a vehicle impounded or immobilized pursuant to this section may be retrieved prior to or during the period of such impoundment or immobilization.
History:
L. 2003, ch. 100, § 3; L. 2011, ch. 105, § 18; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1023 Testing not considered medical care; information to be provided law enforcement officer; costs, assessment; privileges not applicable.

8-1023.
Testing not considered medical care; information to be provided law enforcement officer; costs, assessment; privileges not applicable.
(a) The testing and method of testing consented to under K.S.A. 8-1001, and amendments thereto, shall not be considered to have been conducted for any medical care or treatment purpose. The results of such test, the person's name whose bodily substance is drawn or tested, the location of the test or procedure, the names of all health care providers and personnel who participated in the procedure or test, and the date and time of the test or procedure are required by law to be provided to the requesting law enforcement officer or the law enforcement officer's designee after the requesting law enforcement officer has complied with K.S.A. 8-1001, and amendments thereto.
(b) All costs of conducting any procedure or test requested by a law enforcement agency and authorized by K.S.A. 8-1001, and amendments thereto, including the costs of the evidence collection kits shall be charged to and paid by the county where the alleged offense was committed. Such county may be reimbursed such costs upon the costs being paid by the defendant as court costs assessed pursuant to K.S.A. 28-172a, and amendments thereto.
(c) The cost assessed under K.S.A. 8-1001, and amendments thereto, shall be the then current medicaid rate for any such procedure or test, or both.
(d) Notwithstanding any other law to the contrary, the collection and delivery of the sample and required information to the law enforcement officer pursuant to K.S.A. 8-1001, and amendments thereto, shall not be subject to the physician-patient privilege or any other law that prohibits the transfer, release or disclosure of the sample or of the required information.
History:
L. 2008, ch. 170, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1024 Immunity from liability for persons and entities involved in testing.

8-1024. Immunity from liability for persons and entities involved in testing.
No medical care facility, clinical laboratory, medical clinic, other medical institution, person licensed to practice medicine or surgery, person acting under the direction of any such licensed person, licensed physician assistant, registered nurse, licensed practical nurse, medical technician, paramedic, advanced emergency medical technician, phlebotomist, health care provider or person who participates in good faith in the obtaining, withdrawal, collection or testing of blood, breath, urine or other bodily substance at the direction of a law enforcement officer pursuant to K.S.A. 8-1001, and amendments thereto, or as otherwise authorized by law, shall incur any civil, administrative or criminal liability as a result of such participation, regardless of whether or not the patient resisted or objected to the administration of the procedure or test.
History:
L. 2008, ch. 170, § 3; L. 2018, ch. 106, § 11; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 10 - Driving Under Influence Of Alcohol Or Drugs; Administrative Provisions › 8-1026 Ignition interlock device restriction; reinstatement of driver's license without completion; ignition interlock device program, when; procedures and eligibility.

8-1026. Ignition interlock device restriction; reinstatement of driver's license without completion; ignition interlock device program, when; procedures and eligibility.
(a) Any person whose license is restricted to operating only a motor vehicle with an ignition interlock device installed and who meets the requirements of subsection (b) may request reinstatement of such person's driver's license by submitting a request to the division in a form and manner prescribed by the division.
(b) The division shall approve the request for reinstatement of the person's driver's license if the division determines all the following conditions are met:
(1) The person's ignition interlock device restriction period has been extended at least five years, not including any period of incarceration, beyond the initial ignition interlock device restriction period required by law due to the person's failure to provide the division with proof of completion of the ignition interlock device program as required by K.S.A. 8-1015, and amendments thereto;
(2) during the person's ignition interlock device restriction period and any extension thereof, the person has not had an alcohol or drug-related conviction or occurrence, as those terms are defined by K.S.A. 8-1013, and amendments thereto, or a conviction of a violation of K.S.A. 8-1017, and amendments thereto, or of a law of another state, or of a political subdivision thereof, that prohibits the acts prohibited by K.S.A. 8-1017, and amendments thereto;
(3) during the person's ignition interlock device restriction period and any extension thereof, the person has not had any of the following:
(A) Conviction of a violation of K.S.A. 8-1599, and amendments thereto;
(B) conviction of a violation of K.S.A. 41-727, and amendments thereto;
(C) conviction of any violation listed in K.S.A. 8-285(a), and amendments thereto;
(D) conviction of two or more moving traffic violations committed on separate occasions; or
(E) revocation, suspension, cancellation or withdrawal of the person's driving privileges due to another action by the division or a court; and
(4) at the time of submitting the request to the division, the person does not have any pending charges or proceedings involving any violation listed in subsection (b)(2) or (3).
History:
L. 2022, ch. 80, § 5; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 11 - Abandoned And Disabled Motor Vehicles › 8-1101 Abandoning and leaving on highways; definitions.

8-1101. Abandoning and leaving on highways; definitions.
As used in this act:
(a) "Public agency" means and includes the department of transportation, the Kansas turnpike authority, a county, city and township.
(b) "Motor vehicle" means every vehicle or tractor trailer combination that is self-propelled by which any person or property is or may be transported or drawn upon a highway except vehicles used exclusively upon stationary rails or tracks.
(c) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel.
(d) "Law enforcement officer" means and includes the Kansas highway patrol, police and sheriffs who are vested with the power and authority of peace, police and law enforcement, or those authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(e) "Person" means the same as defined in K.S.A. 8-1447, and amendments thereto.
History:
L. 1961, ch. 60, § 1; L. 1975, ch. 426, § 38; L. 1992, ch. 78, § 1; L. 2021, ch. 73, § 3; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 11 - Abandoned And Disabled Motor Vehicles › 8-1104 Sale of vehicles and personal property; verification; notice.

8-1104. Sale of vehicles and personal property; verification; notice.
(a) Before any such vehicle and personal property is sold, the person intending to sell such vehicle shall request verification from the division of vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the division of vehicles not more than 30 days after such person took possession of the vehicle. Every person intending to sell any vehicle pursuant to this section that cannot be verified by the division of vehicles shall obtain an interstate search of registered owners and lienholders unless:
(1) The vehicle is 15 years of age or older; or
(2) the vehicle is determined by the division of vehicles to be a nonrepairable vehicle pursuant to K.S.A. 8-135c, and amendments thereto.
(b) Notice of sale, as provided in this act, shall be mailed by certified mail to any such registered owner and any such lienholders within 15 calendar days after receipt of verification of the last owner and any lienholders, if any. The person intending to sell such vehicle and personal property pursuant to this act shall cause a notice of the time and place of sale, containing a description of the vehicle and personal property, to be published in a newspaper published in the county or city where such sale is advertised to take place, and if there is no newspaper published in such county, then the notice shall be published in some newspaper of general circulation in such county. Notices given under this section shall state that if the amount due, together with storage, publication, notice and sale costs, is not paid within 15 days from the date of mailing, the vehicle and personal property will be sold at public auction. Notice of an auction shall be published at least seven days prior to the scheduled auction.
History:
L. 1987, ch. 209, § 2; L. 2000, ch. 179, § 13; L. 2004, ch. 37, § 3; L. 2021, ch. 73, § 5; L. 2023, ch. 52, § 5; January 1, 2024.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 11 - Abandoned And Disabled Motor Vehicles › 8-1108 Stopping of storage fees; when.

8-1108.
Stopping of storage fees; when.
Failure to give any notice required under the provisions of this act shall stop the imposition of storage fees, until the notice provisions are complied with in accordance with the provisions of this act.
History:
L. 1987, ch. 209, § 6; L. 2000, ch. 179, § 14; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 11 - Abandoned And Disabled Motor Vehicles › 8-1109 Sale of vehicles by public agency or wrecker or towing service provider; required certificate of compliance to a purchaser.

8-1109. Sale of vehicles by public agency or wrecker or towing service provider; required certificate of compliance to a purchaser.
(a) A public agency or person providing wrecker or towing service shall provide a certification of compliance to a purchaser upon the sale and transfer of a vehicle pursuant to K.S.A. 8-1102 and 8-1103, and amendments thereto. A certification of compliance shall allow such purchaser to apply for and receive a certificate of title from the division of vehicles that is free and clear of all liens, security interests and encumbrances.
(b) A certification of compliance shall be completed on a form and in a manner approved by the secretary of revenue, or the secretary's designee. Such certification of compliance shall certify that the requirements of K.S.A. 8-1102 through 8-1104, and amendments thereto, have been met by the public agency or person providing wrecker or towing service. The certification of compliance form shall be subject to a fee of $20. All certification of compliance fees collected by the division of vehicles, a contractor or a county treasurer pursuant to this subsection shall be retained by the entity who processed the certification of compliance form.
(c) Certification of compliance fees prescribed by subsection (b) may be applied to the purchaser as part of the sale of a vehicle pursuant to K.S.A. 8-1102 and 8-1103, and amendments thereto. Certification of compliance fees may be applied to the owner of the vehicle if such owner claims the vehicle from a public agency or person providing wrecker or towing service prior to the vehicle being sold at public auction.
(d) A certification of compliance provided for in this section shall also certify that vehicle identification number inspection requirements have been met for any sales of vehicles that are registered or titled in a jurisdiction outside of Kansas in accordance with K.S.A. 8-116a, and amendments thereto.
(e) The provisions of this section shall take effect on and after January 1, 2024.
History:
L. 2023, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 12 - Compacts With Other Jurisdictions › 8-1213 Same; "licensing authority" and "head of the licensing authority" defined.

8-1213.
Same; "licensing authority" and "head of the licensing authority" defined.
As used in the compact, the term "licensing authority" with reference to this state, shall mean the division of vehicles of the department of revenue. The division of vehicles shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of articles III, IV and V of the compact. As used in the compact the term "head of the licensing authority" with reference to this state, shall mean the director of vehicles.
History:
L. 1965, ch. 73, § 2; L. 1972, ch. 342, § 55; July 1.